Footway approvals are issued by Council for the purposes of outdoor dining.
The footway restaurant must occupy an area of the footway adjacent to an approved restaurant or other approved premises, where the use of such footway is directly related to the operation of the business, and conducted in accordance with the relevant activity approval and Acts.
Following changes to State Environmental Planning Policy (Exempt and Complying Codes), an outdoor dining area associated with lawful food and drink premises (not pub or small bar) will become exempt development from 22 February 2014; and not require prior Development Consent before Proprietors make an Application for a footway restaurant approval (PDF) to Council and enter into a Footway Approval agreement.
Under Section 125 of the Roads Act 1993, Council as Roads Authority issues Footway Approvals for footway restaurants and cafes; including 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 138 of the Roads Act. This is discussed in more detail in Council document Policy and Procedures for Footway Restaurants (PDF)