Approval from Council must be sought prior to using the footpath outside a business.
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FOOTPATH ACTIVITIES
In 1998 Council introduced a policy to enable business operators to use the footpath directly outside their shops for either a footpath restaurant or the storage and sale of items such as flowers or clothing or furniture associated with the particular business.
The policy was intended to provide an opportunity for promotion of the business without adversely impacting on the use of the footpath by pedestrians.
The following 'frequently asked questions' are set out below to provide assistance to existing or potential footpath users.
How do I get approval from Council to use the footpath outside my business?
Initially, a business operator is required to complete an application form which can be obtained from Council's offices at Katoomba or Springwood. Alternatively, download at right.
Do I need to provide any other information?
Yes, a copy of the Public Liability Insurance with a $10 M coverage with Council listed as an interested party is required to accompany the application.
What fees apply for the application?
An initial application fee of $50 is required to accompany the application.
What is the annual rental fee for footpath usage?
Rental fees are reviewed annually; refer to Council's schedule of Fees and Charges for current rental fees.
How much of the footpath's width can I use?
The policy provides for a maximum width of 1.5 metres for footpath dining and 700mm for the storage of goods.
Is there a limit on the number of tables and chairs, which I can use?
No, provided that the number of seats does not exceed the requirements of the Building Code of Australia for toilet facilities, and the tables and chairs are located adjacent to the building and kept within the designated 1.5 metre wide area, there is no restriction on the number of tables and chairs. Obviously the larger the frontage of the business, the more tables and chairs can be accommodated to suit the comfort of your customers.
Can I use an 'A' frame or similar sign if I am using the footpath for dining or the storage of goods?
No. Pedestrian access can be compromised if businesses have both sign/s and footpath dinning/storage.
Are dogs permitted at a footpath restaurant?
Only an assistance animal, such as a guide dog, is permitted in dining and drinking areas.
When will I be invoiced?
The rental fee covers the period from 1 July to 30 June. The invoice is generally forwarded within the first two months of the financial year (July/August).
Who polices the use of the footpath?
Council's Environmental Rangers carry out routine surveillance of a variety of activities throughout the city including footpath usage and signs.
If I sell the business does the new proprietor have to pay a new fee?
No. Once the rental fee is paid for the year, no additional fees apply and the incoming proprietor merely needs to inform Council of the change of ownership and provide a copy of their public liability insurance.
Do I get a refund if I decide to close the business?
No. The rental fee is not refundable.
If I need further information or have an enquiry, whom can I contact?
Council's Development Health and Customer Services Group can assist with any enquiries on (02) 4780 5000.
