Apply for an outdoor dining permit or renewal

 When a New Application is Required

You must submit a new application if:

• you are applying for outdoor dining or goods display for the first time 
• you want to create a new outdoor dining or goods display area 
• you want to change the approved permit area, layout, furniture or operating arrangements 
• you are a new owner or operator taking over a business with an existing outdoor dining or goods display area 

Are You a New Owner or Operator? 

Permits are issued to the entity named on the permit. If a permit-holding business changes ownership, the new owner or operator must apply for a new permit. The new owner or operator will need to receive approval from Council and sign a licence agreement before consent is given to use the outdoor dining or goods display area.

Eligibility

The Outdoor Dining and/or Goods Display policy applies to anywhere in the North Sydney LGA where "business premises," "office premises," or "retail premises" as defined under the North Sydney Local Environment Plan 2013 are operating with development consent. 

The definition of "retail premises" under NSLEP 2013 includes, but is not limited to:

• Food and drink premises
• Neighbourhood shops
• Shops

The definition of "retail premises" under NSLEP 2013 includes, but is not limited to:

• Food and drink premises
• Neighbourhood shops
• Shops

Development Consent and Planning Approval for Outdoor Dining/Goods Display Area

In some cases, properties have received approval for their Outdoor Dining and/or Goods Display Area through a previous Development Application assessed by Council. 

Alternatively, outdoor dining or goods display may be deemed exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Subdivision 20A and 20B or NSLEP 2013 Clause 3.1 and Schedule 2. Some proposals may not require development consent from Council if they meet exempt development requirements, but a Council permit will still be required prior to the use of the public footpath/public place for commercial activities. 

Required Documents

1) Existing Conditions Plan & Photographs of the Existing Conditions

2) Permit Application Plan

3) Operations Plan

4) Public Liability Insurance (note: PLI requirement is now $20 Million for all Permit Holders)

5) Owners Consent (if applicable)

6) Application Form

Considerations to Be Addressed Within Required Documents

1) Setbacks and Sightlines

• Addressed within Existing Conditions Plan and Permit Application Plan

2) Layout Diagrams

• Addressed within Permit Application Plan

3) Furniture Criteria

• Addressed within Permit Application Plan and Operations Plan

4) Design Approach

• Addressed within Operations Plan

5) Character Statement

• Addressed within Operations Plan