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:
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.