Blue Mountains City Council

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FOOTPATH ACTIVITIES

The Local Approvals Policy is intended to provide an opportunity for businesses to use the footpath for either dining or display without adversely impacting on the use of the footpath by pedestrians. The 'frequently asked questions' set out below 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 click on the download to the right.

Do I need to provide any other information?

Yes:

  • Plans showing business name, side and front boundaries of premises, distance from premises to kerb and clearance to all other associated streetscape items.
  • A copy of your Public Liability Insurance (Certificate of Currency) with $10 million coverage that states “Blue Mountains City Council as an interested party or
  • A copy of the Public Liability Insurance (Certificate of Currency) with $20 million if business is located on a classified road (Great Western Highway, Darling Cause Way, Bells Line of Road & Hawkesbury Road), policy must state “Blue Mountains City Council and RMS as interested parties”.

What fees apply for the application?

An initial application fee, refer to Council’s schedule of Fees and Charges for current fee.

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, this is based on the footpath being 3.5 metres wide and may need to be adjusted if the footpath is narrower.

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?

Yes, as long as the sign is located immediately adjacent to the premises and does not exceed the maximum size of 900mm high by 600mm wide.

Are dogs permitted at footpath dinning?

Yes, Dogs are allowed in outdoor dining areas, at the business owner’s discretion. They must be on a leash, sit on the ground and not be provided with food. Dogs – other than assistance and guide dogs are banned from indoor dining areas. No dogs are allowed in food preparation areas.

When will I be invoiced?

The rental fee covers the period from 1 November to 31 October.

Who polices the use of the footpath?

Council's Authorised Officers 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; the incoming proprietor will need to complete a new application if they want to continue to use the footpath.

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 Health and Compliance Team can assist with any enquiries on (02)4780 5000.

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