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Mobile food vending vehicles draft local approvals policy

Open for comment

The purpose of the Draft Local Approvals Policy for Mobile Food Vending Vehicles is to provide the framework for the operation of mobile food vending vehicles on Council-owned roads in the City of Sydney Local Government Area.

Council at its meeting on Monday 15 October 2012 approved the Draft Local Approvals Policy for Mobile Food Vending Vehicles for public exhibition. The exhibition of this draft local policy is in accordance with section 160 of the Local Government Act 1993.

A copy of the officer’s report to Council is available for download.

Also a copy of the Council resolution is available for download.

Background

The operation of mobile food-vending vehicles supports the initiatives of the City of Sydney’s OPEN Sydney Strategy to expand the diversity of inexpensive and quality takeaway food, particularly late at night. The Sydney Food TrucksTrial emerged from the OPEN Sydney consultation in mid-2011 where many people said they wanted more and better-quality late-night food options in Sydney. The City is strongly committed to sustainable economic growth and providing a broad range of night-time experiences in Sydney.

On 25 June 2012 and 21 June 2012, Council and the Central Sydney Planning Committee endorsed the Planning Proposal to amend the Sydney Local Environmental Plan 2012 to include mobile food-vending vehicles as exempt development on Council-owned roads.

A copy of the officer’s report to Council is available for download.

A copy of the Council and CSPC resolution is available for download. 

The City has since received the Gateway Determination, and the Planning Proposal has been through a public exhibition process.

Draft Local Approvals Policy for Mobile Food Vending Vehicles

The Draft Local Approvals Policy outlines the criteria and conditions in which a mobile food-vending vehicle may operate. The Draft Local Approvals Policy will support the amendment to the Sydney Local Environmental Plan 2012. However, all mobile food vending still requires an approval under section 68 of the Local Government Act 1993.

The objectives of the Draft Local Approvals Policy are:

  • Provide guidance and assistance to people wanting to operate a mobile food vending vehicle on Council-owned roads in the City of Sydney Local Government Area
  • Ensure food sold through mobile food-vending vehicles is safe and fit for human consumption
  • Ensure the operation of mobile food-vending vehicles does not adversely impact any surrounding sensitive land uses, particularly residential amenity
  • Ensure trading improves the mix and diversity of takeaway food available, having regard to existing and comparable trading takeaway food and drink premises.

Policy framework

The Draft Local Approvals Policy will provide the framework for Council in dealing with the on-street trading of mobile food vending vehicles. The draft policy includes the essential criteria for the operation of mobile food-vending vehicles and will allow Council to impose appropriate conditions on any approvals issued.
The draft local policy consists of three parts:

1.Part 1 specifies the circumstances in which a person would be exempt from the necessity to obtain an approval; and

2.Part 2 specifies the criteria which the Council must take into consideration in determining whether to give or refuse an approval of a particular kind.

In summary, the following criteria and conditions of approval for mobile food trucks and mobile food vans include some of the following:

Mobile food trucks

  • Permitted days and hours of operation
  • Distance from an existing takeaway food and drink premises
  • Parking restrictions
  • Location (prohibited roads)
  • Deliveries.

 

 

Mobile food vans

  • Permitted days and hours of operation
  • Stopping time
  • Noise
  • Location (prohibited roads)
  • Proximity to comparable premises.

Mobile food-vending vehicles are defined as any means of transport, designed to be moveable and used for selling food. This policy will apply to two types of mobile vending vehicles including ‘mobile food trucks’ and ‘mobile food vans’.

A mobile food truck is a vehicle used for the purposes of on-site preparation and sale of hot and cold food. The food truck is operated from a moveable vehicle that routinely changes location and must not remain in any one location for more than four hours at one time.

A mobile food truck refers to the 10 food truck operators selected as part of the Sydney Food Trucks Trial 2012.

A mobile food van is a vehicle used for the purposes of selling tea, coffee, drinks, cakes, sweets or other similar food. The mobile food van is operated from a moveable vehicle that routinely changes location and can make intermittent stops of up to 15 minutes at any one time.

Mobile food vans are currently assessed against the Guidelines for Mobile Food Vending Vehicles; however, these guidelines will be superseded once this policy is adopted. The requirements for mobile food vans have been carried over from the existing guidelines for mobile food vending vehicles.

On exhibition

The exhibition period closed on Friday 21 December 2012.

Submissions

Submissions closed Friday 21 December 2012.

Last updated: Friday, 24 May 2013