Proposed reforms to outdoor dining on private land and live music venues

The NSW Government has proposed a simple planning pathway for registered clubs and food and drink premises to set up outdoor dining on private land such as laneways, bowling greens, and open spaces.   

The proposed changes will fulfil the Government’s election commitment to make outdoor dining permanently available across NSW.  

What has changed?

The temporary exempt development pathways for outdoor dining on private land and registered clubs introduced during the Covid crisis were due to end on 31 December 2023. The Government has decided to make these pathways permanent. Additional development standards have been included to maintain patron safety and amenity.

See our outdoor dining page for more information on the changes.

What are we still working on?

The planning changes exhibited proposed to allow registered clubs and food and drink premises to use adjacent private land for outdoor dining through a complying development pathway, rather than having to submit a development application. This pathway would also allow venues to increase their patron numbers, which the exempt pathway does not allow.

The Government also proposed changes to encourage new music venues by offering floor space and density bonuses for developments that include venues.  

An optional model clause was proposed to be included in the Standard Instrument Local Environmental Plan. This will allow councils to set the bonus floor space amounts and locations, informed by their strategic planning processes and consultation with their community. 

An explanation of intended effect (EIE) outlining the proposed changes was exhibited for public feedback from 19 October to 16 November 2023.   

Thank you for your feedback. We have now published the submissions and a summary report, which you can read below.

For more information on changes to Night-time economy, visit this webpage: https://www.planning.nsw.gov.au/policy-and-legislation/night-time-economy