Footpath dining and mobile food vending

Outdoor dining

A footway or a public open space adjacent, connected or part of a café or restaurant (food and drink premises) may be used as an outdoor dining area without planning approval (known as exempt development) if it meets the following standards set out in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy).

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

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

  • Generally, exempt development cannot be carried out on: