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Report on Review of Policy for Use of Road Reserves and Public Land for Commercial, Community and Charitable Activities

Attachment 1

11607/2007 - Current Footpath Signage Trading & Cafe Tables and Chairs Policy

 

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

ENVIRONMENTAL SERVICES GENERALLY

FOOTPATH SIGNAGE

TRADING & CAF… TABLES AND CHAIRS

 

 

 

Responsibility:ENVIRONMENT AND PLANNING

 

 

Adopted: 20 June 1996 (031 & 033)

Last reviewed by Council: 17 January 2002 (015)

Last reviewed by General Manager:

 

 

1.0†††††† Policy objective

2.0†††††† Related legislation

3.0†††††† Definitions

 

4.0†††††† Policy statement

 

††††††† That Council adopt a single annual application registration system and optional fee structure (fees to apply to individual activities for portable ďAĒ framed signs, trading tables or footway restaurants, or combined sign and footway restaurant/trading tables). Registration is required initially and annually thereafter. Applicants being required to complete the appropriate form and pay annual fee.

 

oNote: The fee covers Councilís public liability insurance, Councilís administration and monitoring/enforcement costs.

 

††††††† That Councilís policy on trading tables not apply to charity organisations subject to continuation of the present practice of permits for such uses being issued by the Chambers of Commerce and that public liability indemnity insurance is taken out to the value of $5 million.

 

††††††† This Policy is an Interim Policy until such time as the new Draft DCP is finalised which was presented to Council and deferred at its meeting of 2 March 2006.

 

††††††† Fees and Charges are set annually through Councilís revenue policy

 

COUNCIL REGULATIONS

 

Footpath Signage

 

††††††† Signs can only be erected in Village, Commercial and Industrial Zones.

 

††††††† Only one (1) sign is permitted for each business, having a maximum advertising area of 900 mm x 600 mm; and

 

††††††† Signs must be located within one (1) metre of the shop front (unless due to specific circumstances, it is required to be sighted elsewhere). Signs not complying will need to be considered by Council for approval.

 

Trading Tables and Footway Restaurant

 

††††††† Applicant being responsible for all garbage collection from the restaurant area.

 

††††††† Applicant being responsible for cleaning of the outdoor restaurant footpath.


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††††††† Trading tables and footway restaurants are only to be located directly in front of business premises to which they relate.

 

††††††† Area to be available for use by the general public during business hours. Tables to be located so as not to impede pedestrian movements. A minimum of 2.0 m for pedestrian movement is required.

 

††††††† The "footway restaurant" being used only in association with the adjoining cafe use.

 

4.1†††† History

 

18.4.96

 

A resolution was adopted that Council adopt in principle a single annual application registration system and optional fee structure (fees to apply to individual activities being $25 portable "A" framed signs, $40 trading tables or footway restaurants, $50 combined sign and footway restaurant/trading tables) and all Chambers of Commerce in the Shire be invited to comment on the proposal prior to final adoption by Council.

 

A further resolution was adopted that Council's policy on trading tables not apply to charity organisations subject to continuation of the present practice of permits for such uses being issued by the Chambers of Commerce and that public liability indemnity insurance is taken out to the value of $5 million.

 

Note: The Director Corporate Services advised that $5 million insurance for charitable purposes would be sufficient.

 

Extract from Director Environmental Services' Report - 18.04.96

 

Council on 20 March 1996 resolved the above matter be deferred for Council's meeting to be held 18 April 1996.

 

Council will recall the Chamber of Commerce Nambucca Heads indicated they would prefer one application and fee for signs, restaurant and trading tables. It is understood the Macksville Chamber of Commerce do not support a single application and registration system.

 

The Chambers advised Council's Works Inspection Committee on 20 March 1996 they were opposed to rental charges as most businesses were struggling to survive in difficult times. The Chambers were to forward written submission to Council. These submissions have not been received at the date of preparing this report.

 

1††††††† Single Annual Application and Fee Structure

 

††††††††† A single annual application form has been prepared for Council's consideration. The form enables Council's approval for either footpath signs, trading tables or footway restaurants or approval for all three, depending on an applicant's choosing.

 

A combined or separate fee structure can be adopted by Council. Should Council adopt a combined fee structure to cover all activities a minimum fee of $35 is required. This fee will cover public liability insurance, Council's administration and monitoring/enforcement costs.


3

 

1††††††† Single Annual Application and Fee Structure (continued)

 

Should Council adopt a single fee structure for each of the individual activities fees as follows are required:

 

Footpath signs - $25 (rate previously adopted by Council)

 

Trading Tables or Footway Restaurants - $40

 

††††††††† Note: Both fees include public liability insurance, Council's administration and monitoring/enforcement charges. The fee for trading tables/footway restaurants is higher as the public liability component cost has to be shared by fewer retailers. If Council's approval is required for both footpath signs/trading tables/or restaurants a combined charge of $40 would be required by Council for the one premise as only one lot of Council charges would apply.

 

It is obvious a combined fee structure of $35 is the less expensive option for some shop-keepers. The current fee of $25 however for portable signs, should remain with those wanting trading tables/restaurants and signs paying $40 (user pay).

 

2††††††† Rental

 

The Roads Act enables Council to charge rental for commercial use of public footpaths.

 

The following rental values have been received from the Valuer-General's office:

 

1††††††† Prime General Business Areas (Nambucca Heads, Macksville and Bowraville)

 

††††††††† Footway Restaurants†††† -††††† $2.00 chair/week

 

††††††††† Trading Tables††††††††††††††† -††††† $20.00 day, based on infrequent use only

 

 

2††††††† Secondary Business Areas (Valla Beach, Scotts Head)

 

††††††††† Footway Restaurants†††† -††††† $1.75 chair/week

 

††††††††† Trading Tables††††††††††††††† -††††† $15.00 day, based on infrequent use only

 

The Valuer-General's office commented:

 

"As this report is not concerned with specific premises, the assumption has been made that the tables and chairs will be located in areas in which no toilets, playgrounds or entertainment areas have been provided. It has also been assumed that areas will be paved and form part of a footpath or mall development and will be supplied with the direct intention of increasing profitability of the adjoining or nearby businesses. The rentals have regard to the retail/commercial market in Nambucca Shire".


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Both the Macksville and Nambucca Heads Chamber of Commerce object to paying rental other than a small "peppercorn" rate. The Chambers advise the present retail climate is very difficult for retailers to survive in and the charging of rental would only exacerbate their difficulties. They claim the use of Council's footpaths for commercial purposes adds much needed market character to the shopping centres which benefits both locals and tourists.

3††††††† Registration of Footpath Signage

 

††††††††† Council on 16 November 1995 resolved to support the implementation of a registration and monitoring program for control of portable footpath signage throughout the Shire. The program being implemented to ensure all signs were covered by a $10m public liability insurance policy and that they were erected in accordance with Council's Code requirements.

††††††††† The program commenced February 1995. Business people having portable footpath signs were required to complete Council's registration form, identify the sign location, provide a photograph and provide sign particulars. A fee of $25 was required to accompany each application which met insurance, Council's administration and monitoring costs.

††††††††† To date 20 applications have been received by Council.

††††††††† Director further advises:

 

††††††††† It is recommended Council adopt in principle a single annual application process and fee structure and seek the comments of all Chambers of Commerce in the Shire prior to final adoption.

 

††††††††† Council will need to decide whether rental charges should be imposed, if so a simple legal agreement would need to be prepared for each business person to sign to ensure payment is made. Council's initial legal charges for preparation of a standard agreement could be met through the fee charges.

 

4††††††† Penalty for Non-Compliance

 

††††††††† Council, on 15 November 2001, resolved to include enforcement provisions in this policy.

 

1††††††† Council to give seven (7) days notice to owners of unregistered structures that their structures will be impounded if a properly made application including registration fee is not submitted and approved by Council;

 

2††††††† Unregistered structures will be impounded and stored at the Works Depot, River Street, Macksville. Impounded structures will be stored for a maximum period of thirty (30) days before they are destroyed;

 

3††††††† Impounded structures will be released on submission of a properly made application that is approved by Council, payment of the registration fee and impounding fee as set each year as part of the revenue policy.

 

4††††††† The impounding fee is $48.00.

 

RELAXATION OF POLICY

 

Council meeting 4 December 2003óresolution (008) Repco Auto Parts

Council meeting 2 October 2003óresolution (010) Lepac Toys and Gifts

Council meeting 2 October 2003óresolution (008) Eastland Holden

Council meeting 2 October 2003óresolution (009) Valla Beach General Store