Footpath Dining and Mobile Food Vending
Public spaces around cafés and restaurants may be used as outdoor dining areas without planning approval, as exempt developments.
Footpaths and other open public spaces around businesses serving food and drink can be used as outdoor dining areas.
To be exempt from planning consent under State Policy, they must comply with the following standards:
- the café or restaurant to which the outdoor dining is connected must have approval to operate as a food or drink premises.
- the food and drink premises can be a pub or a small bar.
- the outdoor area must comply with any approval under section 125 of the Roads Act 1993 and section 68 of the Local Government Act 1993 (LGA).
Please refer to these State Policy provisions on standards outdoor footpath and dining areas must meet to be exempt from planning approval.
Mobile food and drink outlets
Mobile food and drink outlets may be exempt development if the proposal meets relevant standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).
Food and drink outlets that are mobile — such as food trucks, vans, carts or similar vehicles — may be exempt development if:
- the outlets must have consent of the owner of the land on which they are located.
- a council or public authority who has control of the land, road, reserve or other public place has given consent in writing.
- located on private land, there's only one such outlet per lot.
Please refer to these State Policy provisions on standards mobile food and drink outlets must meet to be exempt from planning approval.
Other considerations
- approval to operate a restaurant on a footway of a classified road will require approval from Transport for NSW
- a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Regulation 2017, or cart, bicycle or similar vehicle, must operate in accordance with the Guidelines for mobile food vending vehicles (NSW/FA/F1055/1302) and any requirements of the Food Act 2003.
- Generally, exempt development cannot be carried out on:
- land or a building that is listed on the State Heritage Register or subject to an interim heritage order.
- a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.
- a wilderness area under the Wilderness Act 1987.