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Approval for restaurants (fit-out and use)
Restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.
This section details the requirements for fit out and use of an existing business premises as a restaurant. If your proposal involves constructing a new business premises (or extending an existing premises) and using it as a restaurant, you will need to refer to the submission requirements for business premises as well as the requirements detailed below.
If you are seeking to use a section of Council's footpath for outdoor dining, you will also need to refer to the submission requirements for footpath dining and trading.
- All food premises must comply with the Foods Act 2003, Food Regulation 2010, and Australian New Zealand Food Standards Code. Please refer to the NSW Food Authority website for more information.
- All food premises should also comply with Australian Standard AS 4674-2004 'Construction and fit out of food premises'.
- If your restaurant is going to serve alcohol, you will also need to obtain a liquor license. Please refer to the NSW Office of Liquor, Gaming and Racing website for more information.
- All food premises must be registered with Council.
If you proposal involves using an existing commercial premises as a restaurant and does not involve fitting out the premises for cooking by barbecue or charcoal methods, your proposal may meet the nominated criteria for complying development listed in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
If your proposal is complying development, you will need to obtain a Complying Development Certificate prior to commencing work.
Development requiring a Development Application
If your proposal does not meet the complying criteria, you will need to lodge a development application with Council. If your proposal involves building works, you will also need to obtain a construction certificate prior to commencing building works.The following steps are provided to assist you in preparing and lodging a development application for fit-out and use of a restaurant.
Step 1: Seek information
You should consider the following documents when preparing your DA:
Randwick Local Environmental Plan 2012
The Randwick Local Environmental Plan 2012 (RLEP) details planning controls applicable to your site:
- If your site contains (or is within the vicinity of) a heritage item or is located within a heritage conservation area of the RLEP requires the effect of the proposed development on the heritage significance of any heritage items or heritage conservation areas to be considered.
State Environmental Planning Policy No 64-Advertising and Signage
This State Environmental Planning Policy includes general criteria for the design of all signage (including business identification signs). It also includes detailed requirements for any advertising signage.
Randwick Comprehensive Development Contron Plan 2013
The following sections may be applicable to your development:
- Parking and access
- Sections relating to town centres
Disability Discrimination Act 1992
Restaurants are required to comply with the Disability Discrimination Act 1992 and Disability (Access to Premises - Buildings) Standard 2010.
Other policies and controls
All food premises should be designed and constructed in accordance with the Foods Act 2003, Food Regulation 2010, Australian New Zealand Food Standards Code, and Australian Standard AS 4674-2004 'Construction and fit out of food premises'.
If your proposal is located near residential properties and/or includes any mechanical equipment/ventilation systems, you may also be required to submit an acoustic report which considers the noise impacts of the proposed development.
A Planning Certificate (issued under Section 10.7(2), previously known as Section 149(2) of the Environmental Planning and Assessment Act) provides formal advice on land zoning and planning controls applicable to your site.
Step 2: Prepare Plans and Drawings
The following plans will be required:
- Scaled Plans and Elevations
- Notification Plans (A4 size)
Note: The scaled plans will need to provide sufficient detail to demonstrate compliance with the Food Regulation 2010, Australian New Zealand Food Standards Code, and Australian Standard AS 4674-2004. For more information, please refer to Food Safety.
Step 3: Prepare a Statement of Environmental Effects
The following headings may be used provide the framework for your statement of environmental effects (SEE).
- The Site and Surrounds
- Site description
- Surrounding development
- Present and previous uses
- Proposed development
- Description of proposal
- Operation and management (including hours of operation)
- Traffic and parking
- Materials and finishes
- Assessment of proposal against the Randwick LEP, relevant State Environmental Planning Policies and Development Control Plans
- Randwick Local Environmental Plan 2012
- Randwick Comprehensive Development Control Plans 2013
- Likely impacts of the proposed development
- Suitability of the site for the proposed development
The following supplementary reports/details may also be required:
- Acoustic report
- Traffic/Parking report
- Waste management plan
- Schedule of colours and finishes
For more information on the supplementary reports, please refer to supplementary report requirements.
Step 4: Complete an application form
The cost summary report must be prepared in accordance with Council's S94A Development Contributions Plan.
The application form must be signed by all land owners and the applicant.
Note: Section 94 or Section 94A Development Contributions may be payable for your development.
Step 5: Lodge the DA with Council
The development application must be lodged with the applicable DA fee. Please contact us to obtain a fee quote.
You may lodge your DA directly with Council at our administration building or by online services. A Council Officer will use the Development Application checklist form to check your application. Council will only accept a DA with all necessary information.
You are required to submit:
- One (1) copy of the completed DA form and checklist
- One (1) copy of the cost summary report
- Two (2) copies of the A4 notification plans
- Six (6) copies of all other plans
- Six (6) copies of the SEE and other supporting documentation
Additional sets of plans and SEEs will also be required if your application requires referral to any external agencies (e.g. Roads and Maritime Services, Heritage Office, Police, etc)
For information on what you should show on your plans, please refer to Food Businesses.