Footpath dining and mobile food vending

The outdoor footpath and outdoor dining area must comply with the following standards:

• the café or restaurant the outdoor dining is connected to must have approval to operate as a food or drink premises;
• the food and drink premises can be a pub or a small bar (in accordance with the outdoor dining trial which started on 1 December 2020 and will end on 31 October 2021);
• the outdoor area must be carried out in accordance with any an approval under section 125 of the Roads Act 1993and any approval under section 68 of the Local Government Act 1993 (LGA).

For a full list of development standards that apply to outdoor footpath and outdoor dining areas as exempt development please refer to these provisions of the State Policy.

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).

Mobile food and drink outlets are mobile facilities used for retail sale of food, drinks and related products on land from a food truck, van, cart or similar vehicle.

Food and drink outlets must have consent of the owner of the land on which they are located. If a council or public authority has control and management of the land, such as a public road, public reserve or other public place, consent in writing of the council or relevant public authority must be obtained.

If the food and drink outlet is located on private land it is limited to one such outlet per lot.

For a full list of development standards that apply to mobile food and drink outlets as exempt development please refer to these provisions of the State Policy.

Other considerations

• Approval to operate a restaurant on a footway of a classified road will require approval from Roads and Maritime Services.
• A registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Regulation 2007, or cart, bicycle cart or the like 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 that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act (unless an exemption has been granted under section 57 of the Heritage Act 1977)
  • 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.