Footway trading DA process

Preparing & lodging a development application for footway dining or trading

Footway trading involves using part of a public footway for footway dining or other trading activity such as the display of goods. Footway trading activities must only be carried out directly in front of the related approved business premises.

Most footway dining areas will only require approval under the Roads Act 1993 and formal agreement with Council for the use of the area. However, some dining area also require Development consent under the Environmental Planning and Assessment Act 1979. Further, all other applications for footpath trading (such as the display of good on the footpath) will require development consent.

If you are unsure whether your application for footpath dining requires development consent, please refer to Footpath Trading page

The following steps are provided to assist you preparing and lodging a development application for footway dining or trading.

Notes:

  • This section details the DA requirements for footway dining and trading only. If your proposal also involves construction of a new business premises or internal fit-out of an existing premises to create a restaurant, you will need to refer to the submission requirements for business premises and/or restaurants as well as the requirements detailed below.
  • If you receive Development Consent, you will then need to obtain approval under the Roads Act 1993 PDF, 594.21 KB and enter into an Occupation of Footway agreement PDF, 231.76 KB prior to placing furniture/goods on the footway. Please refer to Footpath Trading page for more information

Step 1: Seek information

If your application is for footway trading in front of an existing business premises, you will need to check that the current business is approved and is operating under the terms of any previous approval. If your application is for a new business with footway trading, you will need to check that the proposed business is permissible in your zone (refer to submission requirements for business premises and/or restaurants)

The key policy document that is applicable to your application is Randwick Comprehensive Development Control Plan 2013 (DCP) Section D12 - Footpath Dining and Trading.

If your proposal is located near residential properties, you may be required to submit an acoustic report which considers the noise impacts from the proposed footway trading activity on the adjoining properties.

The footway dining area must remain Smoke Free in accordance with the Smoke Free Environment Act 2000.  Permit holders must display "No Smoking" signage in the footway dining area.

Step 2: Prepare Plans and Drawings

The following plans will be required:

  • Scaled Plans and Elevations
  • Notification Plans (A4 size)

The scaled plans and elevations must show:

  • Width of shop frontage and location of openings
  • Width of footway and location of any features such as trees, public utilities, parking restrictions, bins, traffic lights, crossings.
  • The proposed location and dimensions of the footway trading area (note: all dimensions must be shown so the total area can be calculated)
  • The number and dimensions of tables and chairs/display stands
  • Internal layout of associated business (including number of tables and chairs if applicable)

If umbrellas/barriers etc are proposed, you should also submit pictures/fabric samples and dimensions of the proposed furniture.

Step 3: Prepare a Statement of Environmental Effects

The following headings may be used to provide the framework for your statement of environmental effects.

  • Details of proposal

    Your description must include:

    • area and dimensions of the proposed footway trading area,
      the number of tables/chairs/display stands proposed
    • the approved (or proposed) use and hours of operation of the associated
    • business premises, and
    • the proposed hours for the footway trading area.
  • Assessment against Council's Footway Dining and Trading in Section D12 of Randwick Comprehensive Development Control Plan 2013.
  • Demonstrate how the proposal will satisfy the design Criteria contain in the DCP of the Footway Dining and Trading Section D12 of Randwick Comprehensive Development Control Plan 2013.

Download a Sample SEE template - Footway dining and trading.

Step 4: Complete an application form

You will need to complete a Development application form PDF, 825.22 KB and checklist. The Development Application form must be signed by all land owners and the applicant.

Note: The Development Application form must be signed by the owner of the associated business premises and the Council (owner of the footway).

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
  • 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

If your application is for footway dining or trading adjacent to a classified road, the application will need to be referred to Roads and Maritime Services. If this occurs you will need to submit an additional set of plans and documents.

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