Street dining

Footway Restaurants

You need to obtain consent from Cessnock City Council to use the footpath as a footway restaurant/outdoor street dining area, and to install structures that complement a restaurant on the footpath.

An equitable and safe thoroughfare must be maintained for pedestrians, including for the users of wheelchairs, mobility scooters and prams.

Consent from Council

Footway restaurants must meet the requirements for outdoor dining as outlined in the Cessnock Development Control Plan 2010 (DCP) - Part D Chapter 9.

The DCP sets criteria for the use and placement of outdoor furniture, toilet facilities and shade structures. It regulates the consumption of alcohol, and the cleanliness and maintenance of the outdoor dining area.

Smoking in or adjacent to a footway restaurant area isn't permitted. 

Requirement examples

  • Be adjacent to an approved restaurant;
  • Be directly related to the operation of the restaurant;
  • Maintain a clear unobstructed footway width of 1.5m for pedestrians, strollers and mobility aids such as wheelchairs or scooters;
  • Maintain a greater width where ground levels, pavement surface or other conditions restrict access for disabled persons, the location is close to pedestrian crossings and traffic signals, or there is an existing high volume of pedestrian traffic;
  • Have a safe, suitable, level ground surface to accommodate pedestrians and furniture;
  • Maintain a minimum of 1.0m between the seating and kerb line where vehicles may park and a swing space is required to open vehicle doors;
  • Maintain the approved overall seating capacity of the restaurant, so that additional toilet facilities or other essential services are not required. 

Restaurant means premises in which food is regularly supplied on sale for consumption on the premises. (Roads Act NSW 1993). 

Additional requirements may apply. Please refer to the Cessnock Development Control Plan 2010 (DCP) for the complete list.

You don't need to lodge a development application (DA) for a restaurant in the footpath of a public road. If street dining is proposed to be established on a private property, you will need to lodge a DA.

Consent from other authorities

Transport for NSW

If the footway restaurant area is adjacent to traffic control signals or a State / classified road, Council will refer the application to Transport for NSW (TfNSW).

TfNSW may impose additional conditions of consent in the approval letter. 

Find out if your dining area is adjacent to state, regional or local road. 

NSW Police & Liquor and Gaming NSW

If the Restaurant is licenced to serve alcohol, and you wish to extend the licence to include the footway restaurant area, Council will refer your application to both NSW Police and Liquor and Gaming NSW.

Any conditions or requirements relating to the service of alcohol will be communicated directly to the applicant by NSW Police and Liquor and Gaming NSW. 

Application

The operator of a restaurant (that has development consent) may lodge an application for a footway restaurant via the NSW Government Planning Portal here. 

Your application must include:

Plan of the proposed layout

Your proposed layout plan must:

  • clearly indicate North
  • provide the street name in which the footway restaurant will be located
  • provide the name of the food business adjacent to the footway restaurant
  • the location of all tables, chairs, umbrellas and furniture
  • indicate current and proposed liquor licence boundaries (if applicable)

Public Liability Insurance

Your Public Liability Insurance Certificate of Currency must:

  • provide cover for $20 million 
  • be in the applicant's name
  • list Council as an interested party
  • indicate the location of footway restaurant and
  • be valid for the approval period

Fees 

Fees apply for footway restaurant applications. Rental fees also apply. Fees are calculated in accordance with Council’s Fees and Charges and are payable on lodgement. 

Failure to pay rental fees will result in the cancellation of the Footway Restaurant Approval. 

Approval

Approval is granted with conditions, for a period of up to one year. Regular inspections are conducted to ensure the dining area is kept clean and tidy. 

Non-compliance with the terms and conditions of the approval may result in Council terminating the agreement. 

Businesses are given written notice if Council decides to terminate or change conditions relating to an approval.

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