Apply for an outdoor dining permit or renewal

Outdoor Dining and goods display permits

North Sydney Council is responsible for managing the road reserve, including footpaths, within the local government area. Council supports outdoor dining and goods display where it positively contributes to local centres, street activity, business vitality and the quality of the public domain. Commercial activities must be located and managed so that public access, safety and the primary function of the footpath are maintained.

Council assesses outdoor dining and goods display applications in accordance with the Outdoor Dining and Goods Display on Footpath Policy 2024, the relevant planning controls and the requirements of the North Sydney Development Control Plan 2025.

Do I Need a Permit? 

You need a permit before placing outdoor dining furniture, goods for display, or related equipment on a public footpath, plaza or other Council-managed public place.

This includes, but is not limited to:

• tables and chairs
• goods display stands or racks
• umbrellas, heaters or canopies
• barriers, screens or planter boxes 
• approved signage
• promotional materials

Council Determination of a Permit

Council will assess each application on its merits.

In determining whether to approve a permit, Council may consider whether the proposed outdoor dining or goods display area is suitable for the location, maintains safe pedestrian access, protects public safety and is compatible with the surrounding streetscape and local amenity.

Council may approve, refuse, vary or impose conditions on a permit. In some circumstances, Council may grant a trial period to help determine whether a location is suitable for outdoor dining or goods display.

Council may also vary the design, operation or conditions of an approved permit at any time, or revoke a permit if the site is considered unsuitable or the permit conditions are not complied with.

Before You Apply – New Applications

 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

Before You Apply – Renewal Applications

 Renew an Existing Permit

In order torenew an existing permit, please ensure the below requirements have been met:

1. You have access to currentcontact information and operator/business details

2. You have cleared any outstanding arrears, or entered into a payment plan which is being adhered to 

3. You have a copy of valid insurance:

• A public liability insurance certificate to the value of $20million listing North Sydney Council as an interested party. 
• If your permit location is on or next to a State Road, ensure Transport for NSW is also listed as an interested party. State roads include: Military Road, Falcon Street, Pacific Highway, Berry Street, Arthur Street and Miller Street (north of Falcon Street).

The following letter was sent to all permit holders in mid-May. 

Download the renewal letter (PDF)

Apply for a new permit

Before You Start

Before submitting a new application, make sure you have reviewed the 'Before you apply – New Applications' and prepared the required documents.

Incomplete applications may be delayed, or Council may request further information before the application can be assessed.

Submit Your application

To apply for a new outdoor dining or goods display permit, complete the Outdoor Dining and/or Goods Display New Application Form and provide the required supporting documents.

After your application is lodged, the application fee will be requested.

Applications can be submitted to Council in person at Council Chambers or via email to council@northsydney.nsw.gov.au

If Your Application Is Approved

If your application is approved, Council will advise you of the outcome and any conditions that apply.

Before a permit is issued, you will be required to:

• sign a licence agreement
• pay the required bond (the greater of $1,000 or three months licence fees) and 1 month's licence fee

Do Not Operate Until Your Permit Is Issued

You must not place outdoor dining furniture, goods for display, or related equipment on the footpath or public place until Council has approved the application, the licence agreement has been signed, bond and first month licence fee has been paid, and you have taken delivery of the permit.

Operating without a valid permit, or outside the approved permit area or conditions, may result in compliance action.

Renew, Change or Cancel an Existing Permit

Outdoor Dining and/or Goods Display Permits Are Due to Expire on the 30th of June, 2026. 

You must submit the online form to renew or cancel an existing permit before the 14th of June in order for Council to process the request before the current permit expiry deadline. 

Renew, Change or Cancel your Permit

Once your application is successfully submitted, Council will assess and contact you with the outcome. If your renewal application meets the requirements, Council will instruct our Property Management Agent, Colliers, to arrange the signing of the license agreement and collect any outstanding bond (if one is not already held). If you are seeking to cancel, Council will arrange for the collection of your current permit. 

If you are a new operator/business owner of a premises which had an Outdoor Dining and/or Goods Display Permit for the 2023-2026 period, please refer to 'Before You Apply –New Applications' 

Need Help? 

For assistance regarding the renewal process or documentation requirements, please contact the Outdoor Dining Officer via email council@northsydney.nsw.gov.au

For assistance regarding the status of your account or amount of bond held, please contact Council's Property Management Agent, Colliers International, via email Henry.w.chan@colliers.com

Permit Conditions

Please ensure you read the permit conditions, as they will form part of your permit. This permit is non-transferable. If the business ownership changes, the new owner will need to apply for a new permit.

PERMIT CONDITIONS

1. FEES The annual rental payment for the allocated area must be made in advance by the applicant before a permit is issued. Alternatively, you may make periodic payments via direct debit by agreement with Council’s appointed Property Manager. Interest of 15% per annum will be charged on those amounts that remain unpaid after they become due and payable. Interest accrues on a daily basis.

2. LICENCE AGREEMENT The applicant/permit holder shall sign a licence agreement for the permit area as necessary.

3. INDEMNITY AND PUBLIC LIABILITY INSURANCE The indemnity statement and public liability sections of the application form must be completed and signed by the applicant before a permit is issued. The Roads & Maritime Services NSW (RMS) in respect of State Roads, must be named on your insurance as joint insured for the respective rights and interests of yourself, Council and where necessary, the RMS, in respect of your outdoor dining or goods display area on the footpath. (State Road areas including Military Road, Falcon Street, Pacific Highway, Berry Street, Arthur Street and Miller Street, north of Falcon Street.)

4. LICENSED PREMISES The applicant is responsible for seeking a licence from the relevant authorities if alcohol is to be served in the permit area. Council may oppose such an application in certain circumstances.

5. SMOKING In accordance with Council’s Smoking in Public Places Policy, smoking is prohibited in outdoor dining areas on Council-owned land or under Council’s care, control and management where Council has issued a licence for the purpose of outdoor dining.

6. PEDESTRIAN SAFETY The permit holder must ensure that the outdoor dining or goods display area is maintained and operated safely and that pedestrians have free access to the remaining area of the footpath. A clear passage of at least one metre be maintained at all times in front of exit doorways from adjoining and adjacent premises. If directed by Council, the permit holder will immediately remove or make safe any outdoor dining or goods display area. If the permit holder does not comply with this direction, Council may remove any outdoor dining or goods display furniture and the permit holder will be required to reimburse Council for any associated costs.

7. ADVERTISING SIGNS No freestanding (A-frame) advertising signs are allowed within the permit area. Any advertising and or signage must be in accordance with the Outdoor Dining and Goods Display Policy the exempt development provisions for signage under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (refer to clauses 12.15, 1.16 and 2.83-2.107). Page 8 NORTH SYDNEY COUNCIL Permit for an Outdoor Dining or Goods Display Area in a Public Place

8. ANCILLARY EQUIPMENT The permit holder must obtain Council’s consent prior to installation of ancillary equipment such as umbrellas, free-standing barriers and the like.

8A. ANCILLARY EQUIPMENT All temporary furniture and equipment must be removed from the footpath and stored within the premises, at all times outside of the approved operating hours of the premises.

9. MAINTENANCE OF PERMIT AREA The outdoor dining or goods display area shall not cover or impede access to public or private utility access and drainage pits. Authorities such as Telstra and Sydney Water must be given access to the site if required. The outdoor dining or goods display area shall not obstruct the view of advisory and regulatory signs and traffic controls. The permit holder shall clean the permit area daily, remove litter, food scraps and so on, and prevent damage to any Council property. If the permit holder does not comply with this condition, Council may carry out the necessary work and the permit holder will be required to reimburse Council for any associated costs.

10. PERMIT DISPLAY The permit, which shall include a locality sketch prepared by Council, must be displayed in the front window of the subject premises at a minimum height of 800mm and a maximum height of 1700mm above ground level. This will allow Council Officers to check the permit without disrupting your normal business.

11. VACATING AND REINSTATEMENT Should the permit expire or the premises be vacated, the permit holder shall, at their own expense, remove all outdoor dining or goods display furniture and ensure the area is returned to its original condition. The permit holder shall notify Council in writing, three weeks prior to vacating the premises.

12. CANCELLATION Council reserves the right to revoke or not renew the permit if the outdoor dining or goods display area does not conform with the description provided in the application or the outdoor dining or goods display furniture or activities extend beyond the approved permit area or if permit conditions are not complied with. Council also reserves the right to revoke the permit should there be a change of Council policy on this issue. “Council reserves the right to revoke or suspend any outdoor dining licence if the holder of the licence is in arrears for more than 4 weeks or to the amount greater than the bond paid to Council as part of the licence agreement”. Permits are issued under Clause 125 of the Roads Act 1993, Council’s Policy for Outdoor Dining or Goods Display in a Public Place and the provisions of the North Sydney Local Environmental Plan 2013 (as amended).

Fees and Charges

*Fees and Charges Schedule 2026-2027

Fees are GST exempt and calculated per m2 per annumfor specific locations as defined on the North Sydney Council Area Map as High, Medium or Low. The Council Area Map is available for download on the right hand side of this page. 

Further commercial terms are laid out in the Licence Agreement, which is to be signed prior to the delivery of the permit. 

There is no fee charged for a renewal application.