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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 20 June 2019 at 02:58)
2.24 Development standards
(1) The standards specified for development specified in clause 2.23 or 2.23A are that:(a) the container recycling equipment must not restrict any vehicular or pedestrian access to or from, or entry to any building on, the land on which the equipment is located, and(b) the container recycling equipment must not obstruct the operation of, or access to, any utility services on the land on which the equipment is located or on adjacent land, and(c) the container recycling equipment must, if erected outdoors:(i) be constructed of material that protects the equipment from weathering, and(ii) be painted or treated to protect the equipment from weathering, and(iii) in the case of a reverse vending machine or mobile reverse vending machine—be constructed so that any opening created is adequately weather proofed, and(d) the container recycling equipment must be constructed of low reflective materials, and(e) the container recycling equipment must be provided with lighting that complies with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements, and(f) the container recycling equipment must not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and(g) the container recycling equipment must not:(i) emit noise at a level that is more than 70 dB(A), measured in accordance with the Noise Policy, or(ii) emit noise that is audible within residential or office premises on any lot adjoining the lot on which the equipment is located, or(iii) emit noise at a level that is more than 5 dB(A) above background noise when measured at any adjoining property boundary in accordance with the Noise Policy, and(h) any display screen affixed externally to the container recycling equipment must not be more than 50cm in length or 30cm in width, and(i) the development must not result in any damage to public property on the land on which the container recycling equipment is located or on adjacent land (except any damage resulting from securing or affixing the container recycling equipment to the ground as a safety measure), and(j) (Repealed)(k) arrangements must be made for the removal of waste or recyclable materials likely to be generated as a result of the development or the operation of the container recycling equipment, and(l) the siting, design and construction of the container recycling equipment must meet all of the requirements imposed by the Environment Protection Authority under the container deposit scheme, andNote.The EPA has published a Design Guide for Container Recycling Equipment and Facilities under the Container Deposit Scheme. The Design Guide can be accessed at www.planning.nsw.gov.au or www.epa.nsw.gov.au.(m) the container recycling equipment must not display any signage other than signage approved by the Environment Protection Authority under the container deposit scheme, and(n) if the container recycling equipment is development specified in clause 2.23A—the area occupied by the equipment must not exceed the greater of the following areas:(i) the area comprising 3 car parking spaces,(ii) 42m2, and(o) if it is the erection of a reverse vending machine—the machine must:(i) not have a floor area of more than 50m2, and(ii) not be more than 3m in height, 10m in width or 5m in depth, and(iii) not be erected within 5m of any residential premises, and(p) if it is the erection of a reverse vending machine or a container collection cage—the machine or cage must not be erected within 2m of any street or right of way, and(q) if it is the erection of a container collection cage—the cage must:(i) be located in a car park or commercial premises, and(ii) not have a floor area of more than 15m2, and(iii) not be more than 3m in height, and(r) if it is the erection or operation of a mobile reverse vending machine in connection with a commercial, community or retail event or a private function—the machine must not be parked or located:(i) on the land for more than 2 days before the event or for more than 2 days after the event, or(ii) within 2m of any street intersection or right of way, and(s) if it is the erection or operation of a mobile reverse vending machine in connection with a commercial or retail event—the reverse vending machine contained in the mobile reverse vending machine must operate only:(i) between 7.00 am and 11.00 pm on a Monday, Tuesday, Wednesday or Thursday, and(ii) between 7.00 am and 12.00 am on a Friday or Saturday, and(iii) between 8.00 am and 8.00 pm on a Sunday.(2) Despite subclause (1) (n), the equipment may occupy an additional car parking area in addition to the area specified in that paragraph if:(a) an environmental planning instrument, development control plan or condition of a development consent that is in force requires the car park to provide a minimum number of car parking spaces, and(b) the car park provides a number of car parking spaces that exceeds the minimum number required (the additional spaces).(3) The additional car parking area is the greater of the following areas:(a) an area comprising not more than 3 of the additional spaces,(b) an area not exceeding 42m2.Note.A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.See note 2 to this Part for examples of other requirements that apply in addition to the requirements of this code.