Bulk Bins

The placement of bulk bins has the potential to be unsightly and create a litter nuisance, to obstruct footpaths or a right-of-way, to restrict sightlines for motorists and pedestrians, or damage verge assets including street trees. For these reasons the Shire requires bulk bins to be wholly contained within private property unless the express written approval of the Shire has been obtained. It is acknowledged that there may be justification for the temporary placement of a bulk bin within a verge or on a vehicle crossover. This page has been created to provide guidance on the placement of bulk bins and to ensure consistent decision-making when a request is made for a bulk bin to be placed outside a property boundary.

It is a standard requirement for demolition and construction approvals that building sites are kept free of all refuse, rubbish or other waste, which has the potential to become wind-blown litter or a nuisance to adjoining properties. This typically involves the hire of a bulk bin. 

Activities which may be exempt from a building or planning approval such as landscaping, internal fit out, non-structural works or maintenance may also require the hire of a bulk bin. It is encouraged that Development Services be contacted to confirm whether formal approval is required and that contractors familiarise themselves with Shire's local planning policy framework and local laws. In such cases where formal planning or building approval is not required, a bulk bin must not be placed on a verge or obstruct a footpath, right-of-way or carriageway without a permit granted under the Shire of Peppermint Grove Activities in Thoroughfares and Public Places and Trading Local Law.

There is no requirement to obtain Shire approval for the temporary placement of a bulk bin wholly within private property. There is a duty of care to ensure that waste materials are contained within the bin and that dust and odour is managed. 

Waste Management under a Construction Environmental Management Plan

Demolition and construction applications not otherwise assessed to be a low-risk activity due to their scale or limited potential to cause a dust nuisance will require a Construction Environmental Management Plan (CEMP) to be prepared. A CEMP must include a site plan showing the location of any bulk bin(s) and means to manage waste disposal. Where a site contains asbestos, the CEMP is required to provide confirmation that adequate instruction will be provided to contracted personnel/employees on the measures and work to be undertaken for the removal and disposal of asbestos material in accordance with the requirements of the Environmental Protection (Controlled Waste) Regulations 2004 under the Environmental Protection Act 1986 and that the  transportation and disposal of asbestos waste will accord with all relevant State legislation and guidelines. 

Unless otherwise justified and approved by the Shire, construction materials, laydown areas, bulk bins and temporary buildings must be wholly contained within private property. When undertaking landscaping or other works within the street setback area or construction of street walls and fences the placement and collection of a bulk bin within the property boundary may be impractical. The Shire does not expect bulk bins to be craned over a boundary fence. Equally, the Shire does not accept that a bulk bin cannot be placed on a driveway without damaging paving, that branches overhanging a driveway cannot be pruned to provide clearance, or that works within the street setback area or construction of street walls and fences cannot be staged. Should an endorsed CEMP make provision for a bulk bin to be placed in a thoroughfare (including a verge) this set aside the need for approval under the Activities in Thoroughfares and Public Places and Trading Local Law.

Local planning policy 8 details the circumstances in which a CEMP is required and what information need to be provided. Further information can be found here Local Planning Policy 8

Permits under the Activities in Thoroughfares and Public Places and Trading Local Law

In accordance with section 2.2(1)(l) under the Activities in Thoroughfares and Public Places and Trading Local Law a permit must be obtained to place a bulk rubbish container on a thoroughfare. This requirement is set aside should an endorsed CEMP make specific provision to allow such placement.

Penalties and Infringements

There are penalties for non-compliance with a condition of a planning approval or an endorsed CEMP, or for placing a bulk bin on a thoroughfare without a permit. Infringements may be issued on a daily basis for ongoing non-compliance.

• In the event of enforcement action being undertaken under Section 228 of the Planning and Development Act 2005, penalty infringement notices (PINs) will be issued. PINs are a modified penalty of $500 and can be issued for any offence against a Town Planning Scheme including failure to comply with a condition of this permit or an endorsed construction environmental management plan.
• In the event of enforcement action being undertaken under section 2.2(1)(l) of the Activities in Thoroughfares and Public Places and Trading Local Law an infringement will be issued. The infringement attracts a modified penalty of $150.

Further Information

• For information regarding demolition, building and planning approvals, or preparation of a CEMP please contact Development Services on 9286 8600 or admin@peppermintgrove.wa.gov.au
• For information regarding a permit under the Activities in Thoroughfares and Public Places and Trading Local Law please contact Darren McBride, Manager of Infrastructure Services on 9286 8600 or admin@peppermintgrove.wa.gov.au