Footway dining approval

In This Section

Footway dining approvals are issued by Council for the purposes of outdoor dining on roads and are subject to the Roads Act NSW 1993. Council adopted a new Footway Dining Policy (PDF) and Footway Dining Guidelines (PDF) on 9 December 2019.

The footway dining area must occupy an area of the footway adjacent to an approved restaurant (as defined in the Footway Dining Policy), to use part of the footway for the purposes of the restaurant.

The use of a footway for outdoor dining associated with a lawful food and drink premises is exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) if the restaurant adjoining the footway is:

  • not associated with a pub or a small bar; and
  • is carried out in accordance with an approval granted under section 125 of the Roads Act.

Under Section 125 of the Roads Act 1993, Council as Roads Authority issues Footway Dining Approvals on conditions as the Council determines including but not limited to those outlined in the new Policy and Guidelines and as to the hours of operation to which the approval is subject.

The footway occupation may involve the installation of temporary or permanent structures. Permanent structures must have approval under Section 126 of the Roads Act. This is discussed in more detail in the Footway Dining Guidelines.

To make an application for a footway dining approval, you must read the policy and guidelines and if your business is exempt, complete an application form, or in the case of a pub or small bar have an appropriate development consent for the use of the footway prior to lodging an application for footway dining.

Relevant legislation

  • Crown Land Management Act 2016
  • Disability Discrimination Act 1992 (Clth)
  • Disability Inclusion Act 2014
  • Environmental Planning and Assessment Act 1979
  • Liquor Act 2007
  • Local Government Act 1993
  • Roads Act 1993
  • State Environmental Planning Policy (Exempt and Complying Codes) 2008