Apply for outdoor dining approval
Get permission to use the footpath outside your premises to serve food and drink to patrons.
Project Status: When you need to do this
If you want to set up an outdoor dining area, you need to seek approval from us.
The premises must have development consent to operate as a food premises and/or a licence under the Liquor Act 2007 (if applicable) prior to an approval for use of public land being granted.
Covid-19 outdoor dining trial
We're working with the NSW Government to expedite approval processes and identify more space for outdoor dining.
A streamlined fee-free application process for outdoor dining on footpaths and plazas is expected to start in December 2020. We will post more details here when they become available.
What you need to do
-
Read the outdoor dining guidelines
The outdoor dining policy and guidelines provide a guide to preparing your application and setting up safe and unobtrusive outdoor furniture.
-
Download and complete the form below
All fields are mandatory and must be completed before submitting the application.
-
If you’re a pub or small bar, lodge a development application
Development consent is required for outdoor seating associated with a pub or small bar. You will need to lodge a development application. If you need help preparing your application, read our guide.
We encourage you to lodge both applications together to minimise the processing time. If you’re unsure if you need to lodge an application, please contact us.
-
Lodge your application
Email [email protected].
Please note that this is a public document and will be made available on the City of Sydney website.
Before you start
Read the outdoor dining guidelines. These provide information on the approval process, where outdoor dining may occur, what furniture may be used and definitions of terminology.
Application requirements
Your application needs to be presented in digital format, which must include:
- photos of the proposed area
- a site plan
- a plan of management (if alcohol will be served).
Document your outdoor dining area
The site plan should be on A4-sized paper at an appropriate scale (1:100, 1:150 or 1:200 and so on). It should show the:
- name and address of your premises and the neighbouring businesses
- name and position of the nearest cross streets
- position of the side boundaries of your premises
- width of the building frontage of your premises
- location of building edges
- location of the kerb
- location of entrances, doors and public infrastructure
- position and dimensions of the seating area
- width of the footpath to the building edge
- clearances between the seating area and the kerb
- location of equipment such as umbrellas, heaters, and the like
- total area for outdoor dining in square metres.
Download a sample outdoor dining plan (PDF 54.3KB).
If alcohol is served, create a plan of management
A plan of management is required with your development application if you intend to serve alcohol. The plan should detail how the dining area will be managed to ensure there is no adverse impact on the amenity of the neighbourhood covering:
- operating hours
- capacity
- security measures
- crowd control
- noise control
- location of the kerb
- waste management.
Premises licenced to served alcohol will be subject to a trial period if your application is approved. An approval depends on the primary use of nearby premises such as restaurants, cafes, hotels or bars. The type of land where the outdoor dining is proposed is also considered in the approval process, including community land such as parks and public spaces owned and operated by us.
After you finish
-
Notification of outdoor dining applications
Some outdoor dining applications need to be notified to allow for public consultation.
In central Sydney
- Applications for an outdoor dining area greater than 20 square metres.
A map of central Sydney is in the guidelines.
Outside central Sydney
One of the following applications for outdoor dining areas:
- greater than 10 square metres
- operating before 7am
- operating after 10pm.
-
Pay your application fees
If your application is approved, you will be contacted by us. The approval won’t be effective until you pay the first month’s rental fee and security deposit and demonstrate evidence of public liability insurance.
Outdoor dining fees
Application fees depend upon the size of the outdoor dining area, where it is located and if the premise is licenced to serve alcohol.
Fees are listed in our schedule of fees and charges or contact customer service for advice.
Footway usage applications
- Rental zone fee (per m²/annum)
- Administration fee
- Security deposit
- Notification fee (if required)
Before approval for outdoor dining is given, you’re required to pay outstanding debt for previous outdoor dining arrangements. If you don’t pay before lodging your application, consent won’t be given.
Development application (for licenced premises)
- Assessment fee
- Notification fee (if required)
Outdoor seating zones
To find the zone where your business operates, download the map of outdoor seating zones.
Changes and renewals
If you sell your business
If you sell your business your outdoor dining approval is not transferable to the new owner – a new application will need to be lodged with us.
The new application will not need to be notified for public exhibition as long as there are no changes to the hours of operation and the size of the outdoor dining area.
If you would like to terminate your outdoor dining approval
To end your outdoor dining approval, you must write to us providing a 1 month notice period from the end of the billing cycle, which runs from the 1st to the last day of a calendar month, for example, from 1 October to 31 October.
For your security deposit to be refunded, provide a forwarding address and telephone number, or if you would prefer direct credit, provide your bank account details with your termination notice. The bank account name must be the same as the name on the security deposit receipt.
Your termination must include:
- name of your business
- applicant’s name
- reason for termination
- preferred date to end the use approval.
If you’re renewing
Please ensure you’re up to date with your payments.
We can’t give consent if there is debt outstanding for previous outdoor dining arrangements.
