Clothing Collection Bins on Private Land
Development Control Plan No. 24

Part 1 - 1.0 Advisory

1.1 What is this plan called?
This plan is called "Development Control Plan No. 24 - Clothing Collection Bins on Private Land" which may be abbreviated to DCP 24.

1.2 What is the purpose of this plan?
The purpose of this plan is to identify Council's requirements in relation to the placement of Clothing Collection Bins on private land.

1.3 What are the aims of this plan?

•  To facilitate the placement of clothing collection bins, thereby supporting local  charitable organisations;
  
  
•  To detail Council's approval requirements for the placement of clothing collection  bins on private land;
  
  
•  To ensure that clothing collection bins are located in the most appropriate locations;
  
  
•  To ensure that clothing collection bins do not detract from the amenity of the area in  which they are sited;.and
  
  
•  To encourage recycling and the minimisation of wastes going to landfill.

1.4 Where does this plan apply?
This plan applies to privately owned land within Wyong Shire.

1.5 What type of development does this plan cover?
This plan applies to Clothing Collection Bins proposed to be placed on private land in Wyong Shire.

1.6 How does this plan relate to other plans?
This plan has been prepared in accordance with Section 72 of the Environmental Planning and Assessment Act 1979 and relevant clauses of the Environmental Planning and Assessment Regulation 2000.

The plan is generally consistent with the provisions of Wyong Local Environmental Plan 1991, as amended.

This Development Control Plan shall be read in conjunction with the Council's Development Control Plan No. 85 - Exempt Development to determine development consent requirements and standards applicable.

In circumstances where there may be any inconsistency between the requirements contained in this plan and any other Council Development Control Plan, the provisions of this plan shall apply.

1.7 What does this plan contain and how is it used?
This plan contains two (2) sections identifying requirements for the placement of Clothing Collection Bins on private land in Wyong Shire.

Section 1 - The Advisory section provides information on the preparation of this plan.

Use this section to identify when and how this plan applies.

Section 2 - The Requirements section identifies Council's objectives and requirements for the placement of Clothing Collection Bins on private land in Wyong Shire.

Use this section to identify the requirements that apply.

Remember that Council staff are always available to help with information and advice.

Section 2

2.0 Preamble
Charity clothing bins have been the subject of numerous community complaints and the focus of Council debates for a number of years. The main concern is the negative appearance and diminished aesthetics as a result of material deposited around clothing bins located on public and private lands in the public view. The frequently inappropriate location of clothing bins is also of concern.

Council is mindful that clothing bins constitute a significant income source for some charities and hence does not wish to impose potentially costly constraints. It is Council's position to address the obvious short comings of clothing bins in co-operation with charities, however has also seen the need to clearly detail its requirements within this plan.

2.1 Objectives

•  To facilitate the placement of clothing collection bins, thereby supporting local  charitable organisations;
  
  
•  To detail Council's approval requirements for the placement of clothing collection  bins on private land;
  
  
•  To ensure that clothing collection bins are located in the most appropriate locations;
  
  
•  To ensure that clothing collection bins do not detract from the amenity of the area in  which they are sited; and
  
  
•  To encourage recycling and the minimisation of wastes going to landfill.

3.0 Requirements

3.1 Under what circumstances do clothing collection bins constitute Exempt Development?
The placement of clothing collection bins on private land is classified as Exempt Development where the criteria specified within Council's Development Control Plan No. 85 - Exempt Development are fully met.

3.2 When do I need to obtain development consent?
Where the criteria within Council's Development Control Plan No. 85 - Exempt Development are not able to be met or other circumstances are applicable, a Development Application is required to be lodged with Council.

Council will not grant consent to the placement of clothing collection bins on public land.

3.3 Do any general requirements apply?
The following general requirements will apply to operators of any clothing collection bin(s) located within Wyong Shire:

•  clothing bins are not to be placed within approved landscape areas;
  
  
•  clothing bins are not to be placed on carparking spaces or within loading areas;
  
  
•  clothing bins are to be accessible from internal driveway and carparking areas and  must be placed in such a manner so as not to constitute a traffic or pedestrian  hazard, impede pedestrian movement or impair vision to motorists;
  
  
•  clothing bins must be placed on level ground.

3.4 Do any maintenance requirements apply?
The following maintenance requirements will apply to operators of any clothing collection bin(s) located within Wyong Shire:

•  adequate servicing of clothing bins to avoid material built up around clothing bins;
  
  
•  keep clothing bins and surrounding area in neat and tidy condition;
  
  
•  removal of all material including litter placed next to and around clothing bins when  servicing the bins;
  
  
•  keep clothing bin in good repair and maintain neat appearance;
  
  
•  repaint clothing bin within 48 hours after being notified of graffiti or other acts of  vandalism;
  
  
•  servicing of clothing bins and removal of all material placed around the bin within 24  hours;
  
  
•  responding to any other requests for maintenance of clothing bins within 24 hours;
  
  
•  regular mowing of grassed area around bin (if applicable) or maintenance of adjacent  planted area; and
  
  
•  compliance with relevant requirements of the Department of Gaming and Racing's  Best Practice Guidelines for Charitable Organisations.

3.5 Will any actions arise as a result of non-compliance with the requirements of this plan?

•  In the event of non-compliance with the general and maintenance requirements,  and/or the conditions of any relevant Development Consent, Council will contact bin  owners and request that the issue be addressed and rectified within 24 hours;
  
  
•  Should no action be undertaken within this time frame, Council may utilise its  Orders powers under the Local Government Act, 1993 to remedy the matter. This  may also involve the issuing of a Penalty Infringement Notice (PIN), or "on the spot  fine". Council may also utilise powers under the Protection of the Environment  Operations Act, 1997, if considered necessary. Action would be taken against the  landowner as well as the identified charity or operator;
  
  
•  In the event of a clothing collection bin having been placed on public land, the bin will  be immediately impounded by Council; an 
  
  
•  Impounded clothing bins will only be released after payment of an appropriate fee  (currently $62).

3.6 What are Council's obligations under this plan?

•  Council's staff will monitor clothing bins on private land and will initiate actions if any  bin is found to breach the general or maintenance requirements of this plan, or any  relevant development consent conditions; and
  
  
•  Council's Rangers will monitor public land to ensure no clothing bins are placed  thereon and will initiate actions if any bin is found to breach the provisions of this  plan.
  

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Page last updated: 07/03/2002