Project Status: When you need to do this
Flexible regulations for businesses extended
The NSW Government has extended the date of temporary changes to the planning system until 31 March 2022.
In March 2020 the government amended the Environmental Planning and Assessment Act to include a new regulation allowing for a range of new ministerial orders in response to the pandemic.
The changes allow the Minister for Planning and Public Spaces to make an order for development to be carried out without the normal planning approval to protect the health, safety and welfare of the public during the Covid-19 pandemic.
Since then, the NSW Government has issued ministerial orders under the act including:
- extending retail trading, delivery and waste removal hours
- allowing home businesses to operate 24 hours a day
- providing more flexible conditions for takeaway food and beverage facilities, food trucks and dark kitchens
- allowing construction sites to operate the same hours on weekdays, weekends and public holidays
- permitting temporary pop-up cycleways within the City of Sydney local area
- allowing temporary vehicle sanitisation stations for the professional cleaning of taxis, ride share and community transport vehicles.
For full details visit the NSW Department of Planning, Industry and Environment website.
What you need to do
Lodge a business registration form
Before you open, you need to lodge a new premises registration and change of existing registration form (PDF 65.56KB).
Operating a food business without consent is an offence.
Arrange a free pre-development application meeting
The site may already have development consent to operate as a food business. If not, check it is suitable before lodging your development application.
If you need development consent
You’ll need to lodge a development application.
Typically, this is because you’re setting up a brand new business, changing opening times and signs, or renovating the building. It may also be because your food business fits out a venue that serves food or drinks, or change its use in some other way.
If your premises includes outdoor dining
If your food business includes outdoor dining, you’ll need to apply for permission.
If you’re intending to serve alcohol
If you’re intending to serve alcohol, you’ll need a liquor licence.
A liquor licence freeze is currently in effect for parts of the local area. To find out more and lodge your application, you need to go through Liquor & Gaming NSW.
Apply for a food safety supervisor certificate
Find out how to appoint a food safety supervisor through the NSW Food Authority.
Further advice is available from our environmental health officers on 02 9265 9333.
If you discharge trade wastewater
You’ll need to apply for a trade waste permit through Sydney Water.
Before you start
Find a suitable premises
- Make sure the premises is large enough and has a kitchen exhaust or room for one to be installed. The exhaust must discharge vertically above the roof level and not adversely affect another household or business. Further smoke or odour controls may be necessary.
- If a grease trap is required by Sydney Water, it mustn’t be installed in any kitchen, food preparation or food storage areas. You should be able to empty the trap from the boundary of the property.
After you finish
Once all appropriate approvals have been issued, you can start trading.
Food premises inspections are not required before you start trading. Once you've registered the City of Sydney will carry out random, unannounced inspections.