Asda has launched an appeal to install a bottle return machine at its store in Maryhill following a council refusal to give it a certificate of lawful proposed use.

The supermarket wants to put in a vending machine to get ready for Scotlands’ deposit return scheme, which will see customers bring back empty containers and get cash.

It would be located under a shelter beside the store’s main entrance on a large area used by customers going into the shop on Rothes Drive.

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Glasgow Times:

The retail giant has lodged an appeal with the government against a council decision to “refuse to issue a certificate of lawful proposed use” for the bid, according to documents lodged.

The council decided the machine, which would be placed in the car park beside Asda’s entrance, is not lawful.

An appeal statement from Asda said all other certificate of lawful use applications at various at stores across Scotland for the machines got the go ahead.

The statement said: “To date all other applications have been approved by their respective local planning authorities for stores at Dumbarton, Coatbridge, Dundee Kirkton, St Leonards (Dunfermline), Irvine, Middleton Park (Aberdeen), Blantyre, Clydebank and Hamilton.”

Glasgow council planners have voiced concerns that the machine potentially faces a road, which is not allowed – pointing out they consider a car park, pavement and any private road is included in that definition.

Council officials also said it is questionable whether the reverse vending machine is within the shop’s curtilage, which is also required.

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An appeal statement lodged on behalf of Asda said the position of the reverse vending machine on a “paved area adjacent to the store entrance is therefore clearly within its curtilage.”

The statement pointed out Scottish Government advice said “curtilage refers to land directly associated with the building.”

In relation to the council’s concerns about the machine facing a road, Asda’s appeal statement said the Scottish Government has stated it “would allow the installation of reverse vending machines in carparks associated with retail outlets.”

The statement added: “It has been established in case law (for example; Griffin v Squires (1958)) that, while a carpark is a public space, it is not a road.”

It continued: “As such the proposal to site the (deposit return scheme) DRS unit within the car park of the Asda store is not within a ‘road.”

A council decision notice issued in March in relation to the Asda application stated : “The evidence submitted to the planning authority indicates that the proposed use or operation would not be lawful. Therefore, a planning application is required.”

The Scottish Government reporter has yet to decide on the appeal.

Scotland’s Deposit Return Scheme will be delayed until at least October 2025 after the UK Government stated glass must be removed from the plans.

The scheme would see customers pay 20pm on single use containers bottles or cans, which would be handed back to them when they are returned.