Exhibition

Where do these documents apply?

These documents apply to land in the Woollahra municipality.

What changes are proposed to the Woollahra Development Control Plan 2015 (Woollahra DCP 2015)?

The Draft Woollahra DCP 2015 (Amendment 8) updates and strengthens controls relating to:

  • Potential tensions between business activities and the amenity of residential properties in Double Bay.
  • Examples of design solutions that could reduce noise transmission in Double Bay.
  • Addressing noise and nuisance arising from waste and recycling collections.
  • Amending bin sizes and types for Paddington and West Woollahra.

What changes are proposed to the Woollahra Development Assessment Guide?

The key change to the DA guide is that for certain licensed premises, an Acoustic Report must include a response to the Noise Attentuaion - Checklist.

Night Time Economy

What is night time economy?

The term ‘night time economy’ generally involves social, cultural and business activities that occur after 6pm (and before 6am).  It is often accompanied by the service of food and alcohol.

Our night time economy generally operates in our mixed use business centres.

Why is Council proposing a Night Time Economy Policy?

The policy has been prepared so support a night time economy that is vibrant, safe and sustainable – and that meets the diverse needs and aspirations of our community. It sets out Woollahra Council’s position on the night-time economy with a particular focus on the activities and impacts of licensed premises.

Footway Dining

What is a footway?

A footway is that part of a road set aside for pedestrian traffic (whether or not it may also be used by bicycle traffic).

What is footway dining?

Footway dining takes place where a restaurant operator extends their seating space onto the footway, and food is regularly supplied for consumption on site.

Note: See the definition of restaurant below.

What is a restaurant?

For the purposes of the Footway Dining Policy, a restaurant is defined under the Roads Act 1993 (NSW) (Roads Act) as a premises in which food is regularly supplied on sale to the public for consumption on the premises.

Note:  The term “restaurant” has a separate definition under Woollahra LEP 2014.

Who is the Roads Authority?

Woollahra Council is a Roads Authority under the Roads Act 1993 (NSW) and is the owner of the majority of roads within the Woollahra Municipality. 

What does a Roads Authority do?

The Roads Authority manages and maintains the roads in the Municipality including (but not limited to) issuing approvals for footway dining under section 125 of the Roads Act. These are called Footway Dining approvals.

How does the Roads Act apply to footway dining?

A Footway Dining Approval is issued by Council under section 125 of the Roads Act 1993:

“A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a public road that is vested in fee simple in the council) to use part of the footway for the purposes of the restaurant.”

“On such conditions (including conditions as to payments in the nature of rent) as the council determines.”

The maximum term permitted for a Footway Dining approval is seven (7) years.

What is a footway dining approval?

A footway dining approval under section 125 of the Roads Act, granted by Council for the use of the public footway by a Business Operator for the purpose of extending the seating space of a restaurant in which food is regularly supplied on sale to the public for consumption on the premises.

Why is Council proposing a Footway Dining Policy and Footway Dining Guideline?

Council has created a Draft Footway Dining Policy and Draft Footway Dining Guidelines for public exhibition.  The objective is to create a clear and transparent approach for our community in order to provide best practice management of our Footway Dining approvals. 

Why do we need controls for footway dining?

We need controls to ensure that footway dining activities:

  • Comply with the law.
  • Contribute positively to the streetscape and the social activity of the area.
  • Provide attractive and safe surroundings in which people may enjoy food and refreshments.
  • Are for restaurant purposes only.
  • Do not adversely affect the amenity of the surrounding area.
  • Do not obstruct pedestrian traffic.

Why are there no footway approvals on private or Council owned land? (E.g. Kiaora Lane)

Footway Approvals are issued under Section 125 of the Roads Act 1993. It allows Council to grant approval to a restaurant/cafe adjacent to a footway of a public road to use part of the footway for the purposes of footway dining. 

Accordingly, a Footway Approval is not required for the use of private land or Council owned land, but a Development Approval may be required. 

Can I make a footway dining application?

Only the Business Operator who operates a restaurant adjacent to a footway can make a footway dining application.

A footway dining application cannot be made by:

  • A landowner who is not the Business Operator of the adjacent restaurant premises.
  • A real estate agent or such management company/person who is not the Business Operator of a restaurant premises.

Can I sell, assign or transfer my Footway Dining Approval if I sell my business/property?

No.  The new restaurant operator will need to make an application for a new Footway Dining Approval.

Can I get a Footway Dining approval in front of the neighbouring property?

The Business Operator of a restaurant can only use an area of the footway in front of a neighbouring business with the consent of the neighbouring business owner. The restaurant operator must get the consent of the neighbouring business owner, and Council, before they start using the area.

Note: This will result in increased rent to Council for the use of a larger area of the footway.

How do I apply for a Footway Dining Approval? And how can I get more information?

If you would like to apply for a Footway Dining approval, complete the Footway Dining approval application form.

For more information contact Council’s Property Services team on 02 9391 7000.