Nambucca Shire Council

 

 

D R A F T

 

 

 

 

APPROVALS POLICY

 

 

USE OF ROAD RESERVES AND PUBLIC LAND FOR OUTDOOR DINING AREAS, TRADING TABLES, STREET VENDING AND OTHER STRUCTURES BY COMMERCIAL PREMISES, AND COMMUNITY AND CHARITABLE ORGANISATIONS

(2009)

 

 

EXHIBITED COPY

 

 

 

 

 

 

Prepared by:

Department of Environment & Planning

                                                               May 2009

 

Adopted by Council:                   ……………………..

Effective from:                                         <> 2009


 

 


TABLE OF CONTENTS

 

 

1.0        INTRODUCTION.............................................................................................................................................................. 5

1.1     Purpose of Policy........................................................................................................................................... 5

1.2     Disability Discrimination Act.............................................................................................................. 5

1.3     Application of Policy................................................................................................................................. 5

1.4     Objectives of Policy..................................................................................................................................... 6

1.5     Transitional Provisions........................................................................................................................... 6

1.6     Definitions......................................................................................................................................................... 7

2.0        A-FRAME SIGNS.............................................................................................................................................................. 7

2.1     Statutory Framework............................................................................................................................. 7

2.2     Controls............................................................................................................................................................. 7

3.0        COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES................ 8

3.1     Statutory Framework............................................................................................................................. 8

3.2     Controls............................................................................................................................................................. 9

3.2.1   Outdoor Dining Areas................................................................................................................................ 9

(a)       Location...................................................................................................................................................................... 9

(b)       Furniture.................................................................................................................................................................... 9

(c)       Management Issues................................................................................................................................................ 10

3.2.2   Trading Tables and Other Structures......................................................................................... 10

3.3     Approvals........................................................................................................................................................ 11

3.4     Application Process.................................................................................................................................. 11

3.4.1    Development Application..................................................................................................................................... 11

3.4.2    Licence/Lease.......................................................................................................................................................... 12

4.0        STREET VENDING......................................................................................................................................................... 13

4.1     Statutory Framework........................................................................................................................... 13

4.1.1    Roads Act 1993....................................................................................................................................................... 13

4.1.2    Local Government Act 1993................................................................................................................................. 13

4.2     Controls........................................................................................................................................................... 14

4.3     Approvals........................................................................................................................................................ 14

5.0     COMMUNITY ORGANISATIONS AND CHARITIES.................................................................................. 15

5.1     Controls........................................................................................................................................................... 15

5.2     Approvals........................................................................................................................................................ 15

6.0        CRAZY DAY SALES...................................................................................................................................................... 16

6.1     Statutory Framework........................................................................................................................... 16

6.2     Controls........................................................................................................................................................... 16

6.3     Approvals........................................................................................................................................................ 17

ACKNOWLEDGEMENTS............................................................................................................................................................. 18

 

 


 


1.0      INTRODUCTION

 

1.1       Purpose of Policy

 

This Approvals Policy has been prepared to provide guidance on the use of road reserves and public land within Nambucca Shire Council.

 

The Policy covers the commercial use of public footpaths and public land for, outdoor dining areas, street vending, crazy day sales, trading tables and other structures used in conjunction with a business premises. ‘Other structures’ includes, but is not limited to; clothes racks; stands for other merchandise; promotional stands; street stalls; bargain bins; and, the like.

 

This Policy also applies to the use of public areas by charities and community groups for street stalls, selling of raffle tickets and the like.

 

This Policy excludes special events on Council controlled Parks and Open Space such as fairs, fetes, carnivals, Australia Day celebrations and the like. This Policy also excludes similar activities and events on roads. These types of activities on community land and roads are covered by other separate approvals procedures.

 

 

1.2       Disability Discrimination Act

 

The Disability Discrimination Act is a federal law which can be used to address discrimination in many areas of public life. The Act makes it illegal for anyone to treat a person with a disability unfairly. People who are relatives, friends and carers of people with a disability are also protected by the Act.

 

The Act aims to remove barriers in the physical environment and in the attitudes and practices of people and organisations that limit people with disabilities from participating in everyday life. The Act can be used to obtain fair treatment in many areas of life including gaining or using services such as those provided by government (including local government) and gaining access to public places.

 

Section 23 of the Act relates to the provision of access to premises. A person with a disability has a right to have access to places used by the public and the Act makes it illegal for public places to be inaccessible to people with a disability. These places that are used by the public include (among other things) public footpaths and walkways. Non compliance with the Act is only permitted where it can be demonstrated that compliance with the Act would result in ‘unjustifiable hardship’.

 

The Act also allows service providers such as Council to prepare Disability Action Plans. The purpose of these Plans is to assist service providers in eliminating discrimination in the goods and services they provide and thereby achieving the objectives of the Act.

 

Council adopted a Disability Action Plan on 5 February 2004. One of the strategies of Council’s Plan is ‘to ensure that Council has a footpath policy which considers the needs of people with disabilities’. This Policy serves to address this matter. It is important that those persons or businesses affected by this Policy are aware that the Disability Discrimination Act exists and that they also have an obligation to people with disabilities.

 

 

1.3       Application of Policy

 

This Policy applies to all land within the Nambucca Local Government Area where it is proposed to:

 

§  Place on the road reserve or public land trading tables or other structures associated with or ancillary to an approved business in any un-zoned or zoned land under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

§  Establish outdoor dining areas associated with an approved café, restaurant, or the like, on the road reserves or public land.

 

§ 
Operate a commercial street vending activity (other than street stalls and the like, operated by community organisations and charities)
on the road reserve on adjoining land zoned 2(v) Residential (Village), 3(a) General Business, 4(a) General Industrial or 4(b) Industrial (Business) zones under the Nambucca Local Environmental Plan or equivalent zonings in any subsequent Local Environmental Plan.

 

§  Operate street stalls or the like by community organisations and charities in the Macksville, Nambucca Heads and Bowraville central business areas.

 

§  Operate a ‘crazy day sale’ on the road reserve adjoining land zoned 3(a) General Business zone and in the Bowraville 2(v) Village Zone, under the Nambucca Local Environmental Plan 1995 or equivalent zoning in any subsequent Local Environmental Plan; and

 

It should be noted that a reference to the road reserve includes the public footpath and public nature strip.

 

This Policy does not apply to other ‘one off’ activities and special events on community land and roads.

 

This Policy does not apply to street furniture, bus shelters and the like, constructed by or on behalf of Council.

 

 

1.4       Objectives of Policy

 

§  To regulate the use of the road reserve and public land for outdoor dining areas, street vending, trading tables and other structures.

 

§  To provide guidance for the location of outdoor dining areas, street vending, trading tables and other structures, on public land and the road reserve.

 

§  To ensure a clear and safe footpath area is maintained for pedestrians, including access for people with a disability.

 

§  To maintain streetscape amenity and minimise visual clutter.

 

 

1.5       Transitional Provisions

 

Prior to the adoption of this Policy by Council, Council’s Environment and Community Services Policy No 7 – Footpath Signage, Trading and Café Tables and Chairs (adopted June 1996 and reviewed November 2001) applied to many of the activities covered by this Policy.

 

There are currently 38 business premises with various approvals for: A-Frame signs; tables and chairs; trading tables; and, display racks. All such approvals were granted annually under Section 68 of the Local Government Act (LG Act) 1993. However, upon renewal of each registration, business operators were advised in terms of the following:

 

‘Council has resolved to review the current policy for articles and items on footpaths (signage boards, sale tables and restaurant seating). Subsequent renewals will reflect any changes in Council’s policy.’

 

Upon adoption of this Policy, any new proposals for outdoor dining areas, street vending, trading tables and other structures are required to comply with the new approvals process.

 

All approved signage on footpaths shall be allowed to remain until the current registration period expires (September 2009), after which no further approvals for A-Frame (or similar) signs will be granted.

 

Subject to payment of the annual fee, all business premises that have approval under the previous registration system shall be allowed to retain their approved structures on the footpath for a period of two (2) years from the date on which this Policy is adopted by Council. This concession only applies to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

After the two (2) year transitional period all structures shall be removed from the footpath unless development consent has been obtained from Council beforehand. The development application is required to comply with the provisions of this Policy, including a formal agreement for the exclusive use of outdoor dining areas, for which a market value rental payment is made to Council.

 

 

1.6       Definitions

 

Built-up Areas – as defined by Section 139A(3) of the Roads Act 1993, meaning a public road that is lit by street lighting located at intervals of not more than 100 metres for a distance of not less than 500 metres.

 

Crazy Day Sale – for the purpose of this Policy a crazy day sale is considered to be a sale held on one particular day for no more than four days in one calendar year where trading tables, clothing racks and the like (in addition to those which exist and are licensed under this Policy) are placed on the public footpath and usually display discounted goods. The crazy day sale may or may not be held in conjunction with a general promotion of the town or a particular time of the year (eg Christmas).

 

Public Land – as defined in the Local Government Act 1993, meaning any land (including a public reserve) vested in or under the control of the council.

 

Refreshment Room – as defined in the Nambucca Local Environmental Plan 1995 meaning a restaurant, café, tea room, eating house or the like.

 

Restaurant – where it is used in relation to the Roads Act 1993 means a premises in which food is regularly supplied on sale to the public for consumption on the premises.

 

Street Vending Consent – means a consent under Part 9 Division 3 of the Roads Act 1993 that is subject to a condition referred to in Section 139A of the same Act.

 

 

2.0      A-FRAME SIGNS

 

2.1       Statutory Framework

 

In accordance with Section 138 of the Roads Act 1993 and Section 68 of the Local Government Act 1993, Council’s approval is required for an A-frame (or similar) sign placed within the road reserve.

 

2.2       Controls

 

Signs on public thoroughfares often impede pedestrian access, particularly for people with a disability or people that have impaired vision. The placement of signs on footpaths may therefore contravene the provisions of the Federal Disability Discrimination Act (1992). As such, Council has decided that no further approvals will be granted for A-Frame (or similar) signs on footpaths.

 

It should be noted that any inconsistency with Council’s Development Control Plan No 2 (Advertising Sign Code) and this Policy, this Policy prevails.

 

 


3.0    COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES

 

3.1       Statutory Framework

 

The Roads Act 1993 is the legislation that enables Council to approve the use of footways for restaurant purposes. In this regard Section 125 states:

 

(1)      A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a road that is vested in fee simple in the council) to use part of the footway for the purpose of a restarant.

 

          (2)      An approval may be granted on such conditions (including conditions as to payment in the nature of rent) as the council determines.

 

The Roads Act 1993 is also the legislation that enables Council to approve the erection of structures on a public road. In this regard Section 138 states:

 

(2)      A person must not:

 

                   (a)      erect a structure or carry out work in, on or over a public road,

 

                            otherwise than with the consent of the appropriate roads authority.

 

Council is the ‘appropriate roads authority’ for all local roads.

 

Public roads, including footpaths, are not generally zoned under Nambucca Local Environmental Plan (NLEP) 1995. Clause 9A of NLEP 1995 states:

 

          (1)      A person must not carry out development on unzoned land without the consent of the consent authority.

 

          (2)      The consent authority may grant consent required by Subclause (1) only for development that may be carried out with or without the consent of the consent authority on land immediately adjoining that unzoned land that is within a zone identified on the map.

 

Outdoor dining areas, trading tables and other structures on footpaths are not exempt or complying development under Council’s Development Control Plan (DCP) No 10 – Exempt and Complying Development (March 2008). As such, a Development Application is required to be submitted for any proposed outdoor dining area, trading table and/or other structure on a public footpath. Applicants are required to obtain approval from Council (as the owner of the land) to lodge the development application.

 

All Development Applications will be considered in accordance with Section 79C of the Environmental Planning and Assessment Act.

 

A Section 68 approval is also required under the Local Government 1993. To ensure there is no duplication in the approvals process, any development application approved for an outdoor dining area, trading table or other structure, will be regarded as approval under Section 68 of the LG Act.

 


3.2       Controls

 

3.2.1    Outdoor Dining Areas

 

The following controls apply where it is proposed to establish an outdoor dining area on the road reserve (ie public footpath) or public land (community) but only where that outdoor dining area will be in association with or, ancillary to an approved food premises, refreshment room, café, restaurant or the like.

 

(a)          Location

 

§  All furniture associated with the outdoor dining area is to be contained within the approved area. It is the responsibility of the business operator to ensure that the outdoor dining area is confined to the approved area (including any physical barriers, umbrella, canopies, pot plants etc).

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  Outdoor dining areas may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

§  For outdoor dining areas located on the kerb side, the area must be located a minimum of 600 mm from the roadside kerb where parallel parking exists. In areas where angle parking exists, the outdoor eating area must be located a minimum of 750mm from the roadside kerb.

 

§  The outdoor dining area shall not restrict access to public facilities such as bins and seating.

 

(b)         Furniture

 

§  The layout of the furniture is to be suitable for the space in which it is proposed to be placed.

 

§  It is preferable that chairs not be placed with their backs to the road.

 

§  The furniture (ie tables, chairs and umbrellas) shall be powder coated or polished aluminium; powder coated, brushed or stainless steel; natural or painted timber or canvas. In terms of public safety and contribution to streetscape, furniture constructed solely of plastic, resin and other lightweight materials will not be permitted.

 

§  Surfaces of tabletops shall be non-reflective.

 

§  Umbrellas must have mechanisms to ensure that they are at all times securely fixed to withstand wind and they must be removed or closed in extremely windy conditions.

 

§  The underside of umbrellas must be a minimum 2200 mm above the ground level and the umbrellas must be a minimum height overall of 2400 mm. Umbrellas must not protrude over the roadway.

 

§  Outdoor dining areas are to be enclosed by a suitable physical barrier or other means to ensure that people with impaired vision can reasonably negotiate any obstruction created by outdoor dining areas.

 

§  Physical barriers, planter boxes or other means used as delineators are permitted and must be kept within the approved outdoor dining area. Plastic pots are not permitted. The overall height of any planter box and plants is not to be greater than 1000mm. It is the responsibility of the business operating the outdoor dining area to ensure that the plants are maintained in a healthy and safe condition.

 

§  Outdoor advertising on the furniture or physical barrier or within the outdoor dining area is only permitted in accordance with Council’s Development Control Plans (DCP 2 - Advertising Sign Code and/or DCP 10 - Exempt and Complying Development.

 

(c)          Management Issues

 

§  All outdoor furniture associated with the outdoor dining area is to be stored off the pedestrian footpath/public area outside the hours of operation of the business premises.

 

§  All furniture, plantings etc are to be maintained in a physically safe and sound and aesthetically acceptable condition to Council’s satisfaction.

 

§  The business operating the outdoor dining area is to be responsible for all waste collection from the designated area. The public waste bins are not to be used for the disposal of waste from the business.

 

§  The business operating the outdoor dining area is responsible for the cleaning of the outdoor dining area. Cleaning of the outdoor dining area is not to involve the sweeping of waste into the gutter or the adjacent public footpath.

 

§  Sub-letting will not be permitted under any circumstance.

 

§  Where lighting of the outdoor dining area is required, the lighting is to be provided to Council’s satisfaction.

 

§  All outdoor dining areas shall be smoke free environments.

 

 

3.2.2    Trading Tables and Other Structures

 

The following controls apply to the placement of trading tables and other structures such as clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins and the like on the road reserve in association with or, ancillary to an approved business in any zone under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

§  A maximum of one trading table or other structure is permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained at all times (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  Trading table or other structure may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

§  The trading table or other structure shall be enclosed with solid sides and front, to within 10mm of the ground level to ensure that it can be detected by an individual using a long cane.

 

§  The location of the trading table or other structure must not obstruct the operation of public amenities (such as bus stops, taxi ranks, pram/wheelchair ramps, pedestrian crossings, parking spaces, etc).

 

§  The business operating the trading table or other structure is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The trading table or other structure must only be placed on the public footpath during the hours of operation of the business that it relates to. The trading table and other structures must be stored off the public footpath outside the hours of operation.

 

 


3.3       Approvals

 

§  All items associated with outdoor dining areas, trading tables and other structures are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

§  The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of the dining area, trading table or other structure with details of the dimensions and location.

 

§  For the purposes of this Policy, any development approval for dining areas, trading tables or other structures will be regarded as approval under Section 68(3) of the Local Government Act.

 

§  The owner is responsible for ensuring that the outdoor dining area is approved and the lease agreement is current and the annual “rental” is paid to Council in accordance with the lease agreement.

 

§  A ‘registration disc’ will be issued by Council once the lease agreement for the outdoor dining area has been executed. The disc must be attached to the dining table.

 

§  The owner is responsible for ensuring that the trading table and/or other structures has approval and has been licensed by Council and that this is renewed on an annual basis and the annual fee is paid prior to the lapsing of the licence.

 

§  A ‘registration disc’ will be issued by Council once the development approval for the trading table or other structure and the annual fee has been paid. The disc must be attached to the trading table and/or other structure.

 

§  Rental payments for outdoor dining areas shall be in accordance with the lease agreement.

 

§  For trading tables and other structures, Council’s registration year is from 1 October to 30 September. Fees paid between 1 October and 31 March will be as indicated on the application form. Fees paid between 1 April and 31 July will be 50% of those indicated on the application form (for a 6 month licence). Fees paid and approvals granted, between 1 August and 30 September will carry over to the following registration year.

 

 

3.4       Application Process

 

3.4.1      Development Application

 

As previously stated a Development Application is required to be submitted for the proposed use of road reserves and public land for outdoor dining areas, street stalls, trading tables and other structures. The consent of Council will be the required as land owner.

 

Council must take into consideration those matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, which includes the relevant planning instruments, and relevant Council Development Control Plans and Policies.

 

Council has a guide sheet that will assist applicants with preparing a Development Application. Further details have been included in this Policy regarding information that is to be submitted with a Development Application. In general, this is to include the following items:

 

§  A dimensioned plan showing the location of all structures. This plan is to be drawn to scale.

 

§  Details of the method to be used to delineate the outdoor dining area, trading tables and other structures.

 

§  Details/description of the type of tables, chairs, stands, umbrellas, physical barriers, planter boxs, etc, to be used. In some cases, a photo of the type of furniture may be the best way to show this.

 


Modification of Development Consent

 

It should be noted that any proposal to enlarge, expand or intensify the outdoor dining area will require a modification to any Development Consent for approved structures.

 

This requirement applies to any existing outdoor dining areas that are allowed to remain in accordance with the transitional provisions described in section 1.5 of this Policy. In these cases, a Development Application will be required to be submitted.

 

Section 68 Approval

 

For the purposes of this Policy, any development approval for dining areas, trading tables or other structures will be regarded as approval under Section 68(3) Part E2 of the Local Government Act.

 

 

Roads Act Approval

 

For the purposes of this Policy, any development approval for dining areas on local roads (footpaths) will be regarded as approval under Section 125 (a) of the Roads Act 1993.

 

It should be noted that where the ‘footway restaurant’ is to be on a classified road, the concurrence of the Roads and Traffic Authority is required.

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be incorporated in the development consent approval. After the five (5) year period, a new development application will need to be lodged for Council’s determination.

 

 

3.4.2      Licence/Lease

 

§  A licence is required to be obtained from Council for trading tables and other structures. The licence will attract an annual fee determined by Council.

 

§  A lease agreement is required for the exclusive use of the outdoor dining areas on public land. The lease agreement must specify that the proposed outdoor dining area is in accordance with the Development Consent issued by Council. All costs associated with the preparation of the lease agreement (by Council’s Solicitor) must be met by the applicant.

 

§  The licence fee for trading tables and other structures and the ”rental” for outdoor dining areas on Council owned/controlled land shall be at market value determined by the State Valuation Office (SVO) and reviewed by the SVO every five years, or as otherwise determined by Council. Fee and rental increases in between those five year periods are to be in accordance with the Consumer Price Index, or as otherwise determined by Council. All costs associated with the valuation are to be borne by the applicant.

 

§  The business owner is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

§  All documentation regarding the licence/lease is to be kept on the business premises at all times.

 

 


4.0      STREET VENDING

 

4.1       Statutory Framework

 

4.1.1      Roads Act 1993

 

Under Section 138 of the Roads Act 1993, certain works and structures cannot be erected and/or undertaken without the consent of the appropriate roads authority (being either Council or the Roads and Traffic Authority). The general terms of the consent are determined by Section 139 of the Roads Act. Section 139A of the Roads Act allows the road authority to issue a consent which imposes conditions permitting the use of a structure within the road reserve and located in a built up area (see definitions section of this Policy) for the purpose of selling any article or service and requiring the payment of rent (thereby permitting street vending). Consents under the Roads Act for street vending are referred to as ‘street vending consents’ and these can only be issued for maximum period or 7 years (S139A(2)). Whilst Section 139A specifically applies to street vending in built up areas it does not prevent Council from consenting to street vending in the road reserve and outside a built up area.

 

In addition to these provisions, the Roads Act 1993, also contains provisions regarding the revocation of consents, extension and transfer of street vending consents and other consents under this Part, specifies matters to be taken into consideration, the maintenance of works and structures etc. Council may, in some circumstances, need to enact these provisions in relation to street vending activities.

 

The Roads Act (s139F) also specifies that when considering whether to grant consent to a street vending activity within a non built up area it must comply with the ‘Guidelines for the Control and Operation of Street Vending’ (1993) issued jointly by the Roads and Traffic Authority and the Department of Local Government. These Guidelines define street vending as:

 

The setting up or use within the road reserve of any box, stall, stand, barrow or stationary vehicle, other than a ‘roadside stall’ or ‘mobile vending vehicle’ defined hereunder, for the purpose of offering for sale any goods, or for the pursuit of any business, calling or employment’.

 

The Guidelines state that examples of street vending include:

 

§  Sale of fruits and vegetables from barrows on a footpath.

§  Sale of newspapers from a stand on a footpath.

§  Sale of food and drinks from a stall or a stationary vehicle near a tourist area, sporting complex or the like.

§  Sale of goods from a box, stall or stand located on a footpath.

§  Sale of any goods from a stall, stand or stationary vehicle located in a kerbside lane or on the side of a road.

 

Whilst the Roads Act (s139F) states that the Guidelines apply to street vending within a non built up area, Council will apply these Guidelines (where relevant) when assessing an application for street vending within a built up area.

 

The Roads Act also requires that structures associated with the street vending must be maintained and if the structure affects the surface of the road (including the footpath) then the road surface must be maintained so as to allow a smooth passage of traffic.

 

 

4.1.2      Local Government Act 1993

 

A Section 68 approval under the Local Government is required for street vending within the road reserve. An approval under the Local Government Act can be granted for a maximum of 5 years (s103) but this can be extended after the 5 years (s107).

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be obtained at the same time.

 

4.2       Controls

 

The following controls apply to the operation of commercial street vending activities on the road reserve in the Nambucca Shire.

 

§  Street vending activities are to be assessed on a merits basis and may consider other controls listed in this Policy where they provide a suitable guideline;

 

§  In addition to the merits based assessment, Council will consider the relevant aspects of ‘Guidelines for the Control and Operation of Street Vending’ (1993).

 

§  A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  The operator is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

 

4.3       Approvals

 

§  All items associated with street vending activity are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

§  The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of all items associated with the proposed street vending activity including the “vehicle” to be used, with details of the dimensions and location.

 

§  In addition to the above approvals, all street vending activities are required to be licensed. The licensing of the activity will occur in conjunction with the approval of the street vending activity under the Local Government Act and the Roads Act (ie on an annual basis).

 

§  For the purposes of this Policy, any development approval for a street vending activity will be regarded as approval under Section 68(3) of the Local Government Act and Section 139 and 139A of the Roads Act.

 

§  The fee for the approval and licensing of the street vending activity is to be set out in Council’s Revenue Policy.

 

§  The owner is responsible for ensuring that the street vending activity has approval and has been licenced by Council and that this is renewed on an annual basis. These street vending activities are regularly inspected by Council staff to ensure compliance.

 

§  A ‘registration disc’ will be issued by Council once development approval and the Local Government Act and Roads Act approvals and the licence is issued for the street vending activities. Council’s registration disc must be attached to the street vending ‘vehicle’.

 

The owner of the street vending operation is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

 


5.0       COMMUNITY ORGANISATIONS AND CHARITIES

 

5.1       Controls

 

Street stalls conducted by community organisations and charities are allowed to continue to operate in their current locations during the same time periods for the next two (2) years, after which approval will be required in accordance with this Policy. However, evidence of the Public Liability Insurance Cover will need to be provided to Council.

 

The following controls apply to the placement of a street stall and the like on the road reserve by a community or charitable organisation in the Macksville, Nambucca Heads and Bowraville central business areas.

 

§  A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained). The street stall and the like may operate from the shopfront side of the footpath providing it can be demonstrated that pedestrian access is not unreasonably impeded.

 

§  The street stall or the like is to be located in accordance with the areas approved by Council in accordance with Section 68 of the Local Government Act and Section 139 and 139A of the Roads Act.

 

§  The operator of the street stall or the like is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The street stall or the like shall be “manned” at all times and may only be operated during hours that are generally consistent with the standard business hours within that town centre.

 

§  The street stalls and the like shall be removed from the footpath or public place when not in use.

 

 

5.2       Approvals

 

§  The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to identify the preferred site for street stalls and submit the details for Council approval.

 

§  The Chamber of Commerce and Industry for each town will take bookings and maintain a calendar for street stalls operated by community organisations and charities.  

 

§  Approval shall be granted by Council in accordance with Section 103(1) of the Local Government Act and Section 139D(1) of the Roads Act for a maximum five year period (or lesser period if Council determines) and this approval may be renewed after this time, in accordance with Section 107 of the Local Government Act and Section 139D(2) of the Roads Act.

 

§  In accordance with Section 78 of the Local Government Act, land owner’s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

The community/charitable organisation operating the street stall or other similar activity is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

 


6.0      CRAZY DAY SALES

 

6.1       Statutory Framework

 

A Section 68 approval under the Local Government Act is required to operate a crazy day sale where it is proposed to place trading tables or other structures within the road reserve in accordance with the guidelines outlined in this Policy.

 

Any other activity (eg street vending) that is proposed as part of the crazy day sale and is covered by this Policy, must also obtain approval as required by this Policy.

 

 

6.2       Controls

 

The following controls apply to crazy day sales where it is proposed to place trading tables, clothing racks or the like within the road reserve ancillary to an approved business in the 3(a) General Business zone under the Nambucca Local Environmental Plan 1995 or equivalent zonings in any subsequent Local Environmental Plan.

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  In areas where there is parallel parking, the trading table must be located 600mm from the kerb. In areas where there is angle parking, the trading table must be located 750mm from the kerb. No signs are permitted along the front property boundary of the approved business.

 

§  A maximum of two trading tables or the like are permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

§  The trading table is to be located in front of the business that the trading table relates to.

 

§  The business operating the trading table is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The table must only be placed on the public footpath during the hours of operation of the business that it relates to and only on the day of the crazy day sale. The table must be stored off the public footpath outside the hours of operation.

 

§  If street vending is proposed, then approvals are to be obtained as required by this Policy as part of the approval for the crazy day sale.

 

 


6.3       Approvals

 

§  The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to apply for the necessary approvals for the particular crazy day sale. Where the Chamber of Commerce and Industry have selected the dates for the crazy day sales for any one calendar year, they may apply for approval for those particular days in the one application.

 

§  Approval granted to the particular Chamber of Commerce shall be in accordance with Section 103(1) of the Local Government Act for that particular day or those particular days within the calendar year.

 

§  In accordance with Section 78 of the Local Government Act, land owner’s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

§  The Chamber of Commerce and Industry are responsible for ensuring that the sales are operated in accordance with the conditions set out in the approval.

 

§  The Chamber of Commerce and Industry is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

 


ACKNOWLEDGEMENTS

 

 

The following documents were used in the preparation of this Policy:

 

·           Environmental Planning and Assessment Act, 1979

 

·           Guidelines for the Control and Operation of Street Vending 1993 – Roads and Traffic Authority and Department of Local Government

 

·           Leasing of Roads, Footpaths, Public Areas for Restaurants and Cafes (1987) – Hastings Council

 

·           Local Government Act 1993

 

·           Nambucca Local Environmental Plan 1995

 

·           Outdoor Dining and Footway Licensing Policy Guidelines (2002) – Coffs Harbour City Council

 

·           Policy No 7 – Footpath Signage, Trading and Café Tables and Chairs (1996 and reviewed in 2001) – Nambucca Shire Council

 

·           Roads Act 1993

 

·           Street Vending Control and Outdoor Eating Areas (2000) – Armidale Dumaresq Council