Consent under Section 125 of the NSW Roads Act 1993 (Roads Act) is required before using a footway for restaurant purposes.
Consent or conditional consent can be granted by a council that allows a person who conducts a restaurant adjacent to a footway of a public road to use part of the footway for the purposes of the restaurant.
An approval may not be granted in respect of a footway of a classified road except with the concurrence of Roads and Maritime Service.
Online Section 125 Approvals
You can now submit an application online, for certain councils, anywhere and anytime with our Online service.
Simply check the list of councils below to see if the service is available in your Local Government Area.
Councils using the online service
- Parramatta City Council
- Northern Beaches Council
- Port Macquarie-Hastings Council
- Cessnock City Council
- Byron Bay Shire Council
How to lodge
- Register for a NSW Planning Portal account to start your application.
- Log in to complete the online application form. You may be required to submit further documents to support your development application.
If you are having difficulty using the Service, please contact the ePlanning support team at email@example.com.