What approvals are required?

Council planning approval for outdoor dining is required as the footway is public space and Council owns and manages it on behalf of the community. When planning approval is given for a business to use public space, a formal agreement to use the area is also required and a rental fee is charged.

All footway dining areas require:

• Planning approval under Section 125 of the Roads Act 1993; and
• A formal Occupation of Footway Agreement with Council for the use of the area

Footway dining planning approvals and Occupation of Footway agreements are issued for a maximum period of 7 years

Development consent under the Environmental Planning and Assessment Act 1979 will also be required for footway dining areas that do not meet the criteria in the compliance checklist for footway dining - attached to the back of the Footway Dining Application  Form PDF, 234.34 KB.

How much does it cost?

The fee to lodge the application for footway dining planning approval is identified on the last page of the Footway Dining Application Form PDF, 234.34 KB.

The annual fee to use the footway is identified on the last page of the Occupation of Footway Agreement Application Form PDF, 225.47 KB

How do I apply?

Look at the criteria in this compliance checklist, at the back of the Footway Dining Application Form PDF, 234.34 KB.

If you answer YES

If you answer YES to all criteria, you need to apply for:

• footway dining planning approval by lodging this Footway Dining Application Form PDF, 234.34 KB
• footway dining agreement with Council to use the area by lodging this Occupation of Footway Agreement Application Form PDF, 225.47 KB  (This form may be lodged at the same time as the Footway Dining Application Form, or it can be lodged after you have got planning approval.)

You will need:

• a certificate of currency for public liability insurance for the area you intend to use noting Randwick City Council as an interested party
• certification or statement from a structural engineer, which confirms the structural adequacy of any awning
• plans, pictures and details of the area, location and description of furniture

If you answer NO

If you answer NO to any of the criteria, you may need to obtain development consent by lodging a development application, which is a different process.  For example, if you want an outdoor dining area for a small bar or pub or are not in a business zone (E1 or E2) you may need to submit a development application.

Please refer to preparing and lodging a development application for footway dining or trading.

You need to apply for:

• footway dining development consent by lodging the Development Application Form PDF, 419.01 KB
• footway dining planning approval by lodging the Footway Dining Application Form (if DA previously approved) PDF, 219.34 KB
• footway dining agreement with Council to use the area by lodging the Occupation of Footway Agreement Application Form PDF, 225.47 KB

Can I make changes to my footway dining area?

If you wish to change the hours of operation and/or amend your footway dining area you will need to:

• obtain footway dining planning approval for the new area by lodging a Footway Dining Application Form PDF, 234.34 KB and
• apply for a new footway dining agreement by lodging an Occupation of Footway Agreement Application Form PDF, 225.47 KB

You may also need to lodge an Application to Modify a Development Consent PDF, 170.48 KB for approvals issued under the Environmental Planning and Assessment Act 1979.

How do I renew my occupation of footway agreement?

The process for renewing an agreement depends on the approvals that you have and/or require.

All footway dining areas require:

• Planning approval under the Roads Act 1993; and
• A formal Occupation of Footway agreement with Council for the use of the area

Some footway dining areas also require development consent under the Environmental Planning and Assessment Act 1979 (refer to 'How do I apply?' above).

Roads Act approvals and Occupation of Footway agreements are issued for a maximum period of 7 years. Development consents (that have been acted on) will not lapse unless there is a condition limiting the duration of the consent.

If your planning approval under the Roads Act is about to lapse (or you do not have a current planning approval); you will need to:

• obtain footway dining planning approval by lodging a new Footway Dining Application Form PDF, 234.34 KB
• apply for a footway dining agreement by lodging a new Occupation of Footway Agreement Application Form PDF, 225.47 KB.

If you require development consent under the Environmental Planning and Assessment Act 1979 (development approval) and your consent is about to lapse (due to a condition limiting the duration of the consent), you will need to:

• seek approval to delete the condition limiting the duration of the consent by submitting an Application to Modify a Development Consent PDF, 170.48 KB; and
• obtain footway dining planning approval by lodging a new Footway Dining Application Form PDF, 234.34 KB; and
• apply for a footway dining agreement by lodging a new Occupation of Footway Agreement Application Form PDF, 225.47 KB.

Change of operator?

The Roads Act requires approvals for outdoor dining to be given to the operator of the business, and not to the business or the property.

This means that when the operator of a business with approval for outdoor dining changes, the approval is no longer valid.

A new operator will need to get a new Roads Act approval for outdoor dining and a new Occupation of Footway Agreement.

What approvals are required?

Display of goods requires:

• Approval under the Roads Act 1993 & Section 68 part E (2) of the Local Government Act 1993; and
• A formal Occupation of Footway agreement with Council for the use of the area
• Development consent under the Environmental Planning and Assessment Act 1979 in relation to any permanent structures.

How do I apply?

You will need to lodge:

• An application PDF, 208.57 KB to seek approval under the Local Government Act 1993 and Roads Act 1993. The form must be lodged with the required plans and associated fees.
• An Occupation of footway agreement application form PDF, 225.47 KB. The form may be lodged when the footway dining application for planning approval is lodged, or it can be lodged after approval is granted.
• For any permanent structures, a development application.  PDF, 422.31 KB For details on how to prepare a lodge a DA please refer to the page on preparing and lodging a development application for footway dining

What are my responsibilities as an operator?

Operators of footway dining areas and other footway trading activities must:

• Ensure that they have the necessary approvals at all times
• Only occupy the area of footpath specified in the approval and associated agreements
• Display the Occupation of Footway Permit notice in a prominent position, and make it available to authorised Council officers on request. It must clearly show the approved hours of operation and approved footway trading area.
• Pay for the use of the footway in line with Council's Fees and Charges Pricing Policy. Fees and charges must be paid in advance or as invoiced
• Hold a current Public Liability Insurance Policy noting Randwick City Council as an interested party.
• Remove all furniture placed on the footway at the close of business each day
• Comply with all other conditions in the relevant approval

Authorised Council officers may order the removal of any items on the footway that are not part of the footway trading approval, or otherwise permitted under another approval or policy of Council.

Can Council revoke or suspend a footway trading approval?

Applicants should be aware that Council can revoke, suspend or amend an approval for footway trading if:

• the conditions of the approval are breached;
• the use of the footway area for footway trading is causing public safety or public access to be compromised;
• the footway area is needed for public works;
• the footway area is needed for a special event; or
• the footway area is needed to manage an increase in pedestrians.

Where Council needs to revoke, suspend, or amend an approval for footway trading, the approval holder will be given notice of Councils intention and will be given an opportunity to make representations to Council.