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					                                                                  POLICY NO: CDD 4 - CL




                                                                 Under Review




                       KERBSIDE SEATING GUIDE

                                       POLICY




Date Resolved By Council:                         14 October 1996

Commencement Date:                                14 October 1996

Review Date:                                      June 2005

Revocation Date:                                  September 2005

Responsible Directorate:                          City Development




This policy has been authorised and is included in Council’s Policy & Procedures Manual on
MoreNet.




                                                    Peter Brown
                                                    Chief Executive Officer

                                                    April 2003
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                     KERBSIDE SEATING GUIDE POLICY
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              KERBSIDE SEATING GUIDE - OUTDOOR EATING FACILITIES


       Status of Policy

       This policy was adopted by Council on14 October, 1996 after a public exhibition
       process. The purpose o/ this policy is to provide guidance to Council/or
       decisions on planning permit applications. This policy will be considered by
       Council when deciding on an application for planning permit under Section 60
       o/the Planning & Environment Act.




                                           CONTENTS
1.      Introduction                                                                 2
2.      Definition                                                                   2
3.      Application                                                                  2
4.      Objectives                                                                   2
5.      Location and Design Requirements                                             3
        (a)   Location                                                               3
        (b)   Siting                                                                 3
        (c)   Kerbside furniture                                                     4
              -        Tables and chairs                                             4
              -        Umbrellas                                                     4
              -        Planter Boxes                                                 5
              -        Screening                                                     5
6.      Operation of the Kerbside Seating Facilities                                 5
        (a)   Serving of Liquor                                                      5
        (b)   Health and Cleanliness                                                 5
        (c)   Behaviour of Clients                                                   5
        (d)   Public Risk                                                            6
        (e)   Street Cleaning                                                        6
7.      Guidelines for Assessing Applications                                        6
8.      Preparing an Application for Planning Permit                                 6
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                   KERBSIDE SEATING GUIDE POLICY
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1.   INTRODUCTION

     This Guide provides a framework for the establishment of Kerbside seating facilities
     within the municipality of Moreland City Council. In particular, this policy will be used to
     guide decisions about applications for planning permits under the Moreland Planning
     Scheme.

     The Guide outlines the objectives and requirements to assist with the appropriate
     location, layout and operation of Kerbside seating facilities.

     Moreland City Council encourages the establishment of kerbside seating as part of the
     City’s objective to develop vibrant shopping centres and the creation of a local sense of
     community.


2.   DEFINITION

     Kerbside Seating is defined as:

     “tables and chairs located outdoors, on the footpath pavement, which are used in
     association with adjacent eating establishments and/or shops.”


3.   APPLICATION

     The purpose of this Guide is to bring a consistent approach to the siting of kerbside
     seating facilities through out the municipality and to supplement the provisions of the
     Council’s Local Law No. 3 Outdoor Eating Facilities on Roads.

     A planning permit is generally required for the provision of kerbside seating facilities in
     associated with a cafe, restaurant, hotel, take-away or other commercial establishment
     on public footpaths.

     Following the issue of a planning permit for kerbside seating, the applicant is also
     required to obtain a permit from Council’s Local Laws section to occupy part of
     Council’s property, i.e. the footpath. This is an annually renewable permit which
     requires an applicant to pay a fee and to have an insurance policy which indemnifies
     Council against any claims which may arise through property damage or personal
     injury.
          Cars
          Setback from the Kerb


4.   OBJECTIVES

          To encourage the establishment of kerbside seating to help create vibrant
           commercial centres.
          To ensure that the kerbside seating activity is not detrimental to the character.
           safety and amenity of the area.
          To establish design principles for the appropriate location and layout of kerbside
           seatin2 facilities.

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                    KERBSIDE SEATING GUIDE POLICY
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5.   LOCATION AND DESIGN REQUIREMENTS

     (a)   Location

           Kerbside seating facilities are generally encouraged in commercial and mix-use
           areas in association with a shop, cafe, restaurant, hotel or take-away food
           premises. Council will also give consideration to kerbside seating facilities outside
           retail centres subject to amenity impacts.

     (b)   Siting

           Generally, the narrow footpath widths which are characteristic of the Moreland
           streets limit the opportunity to accommodate outdoor eating areas. However in
           some locations, such as the south end of Lygon Street where the footpath width
           has been extended, opportunity exists for a larger number of tables and chairs to
           be provided. Generally, the outdoor eating facilities will be restricted to the
           frontage width of the business premises. All furniture associated with the outdoor
           eating area must be positioned:
                At least 450 mm from the kerb line: and.
                Allow a minimum footpath width clearance of 1.5m from all obstructions.




     The siting of outdoor furniture must ensure that adequate footpath space is provided for
     unobstructed pedestrian movement, including access for prams and disabled persons
     and to ensure the safe pedestrian access from the roadway to the footpath. Generally
     this means a clear area of at least 1 .5 metres width.

     The tables and chairs can be sited either along the shop front or along the street edge.
     In either case Council would assess the appropriateness of the siting with regards to
     pedestrian safety, footpath width and street character.




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                   KERBSIDE SEATING GUIDE POLICY
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OUTDOOR EATING FACILITIES FOR NARROW FOOTPATHS




                             Planter boxes
                             and screens




OUTDOOR EATING FACILITES FOR WIDER FOOTPATHS


(c)   Kerbside Furniture

      The type and design of the kerbside furniture must positively contribute to the
                                                         streetscape      appearance.
                                                         Safety and maintenance
                                                         need to be considered to
                                                         assess the appropriateness
                                                         of the furniture chosen.

                                                               Kerbside furniture including
                                                               tables, chairs, umbrellas,
                                                               planter boxes and screens
                                                               must be of good quality and
                                                               design and well maintained.

                                                                     Tables & Chairs
                                                                          Council
                                                                           encourages a
                                                                           range of
                                                                           designs to be
                                                                           used, however
                                       in areas of narrow streets widths Council may
                                       require small settings to be used. Tables and chairs
                                       must be removed at the end of trade each day and
           in accordance with any conditions on hours of operation.

      Umbrellas
          Council will support the use of umbrellas where they cause no interference to
           pedestrians and motorists.
          Umbrellas must be removed at the end of trade each day.
          Umbrellas must be safety secured to the pavement to ensure they cannot blow
           over in strong winds.


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                   KERBSIDE SEATING GUIDE POLICY
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     Planter Boxes
          Planter boxes can be used to identify the edge of the kerbside seating area and
           entry to a premises.
          The planter boxes must be positioned in accordance with the siting requirements
           outlined above.
          Planter boxes must either be removed at the end of trade each day or otherwise
           the traders must ensure that the planter boxes and surrounds are cleaned on a
           regular basis.

     Screening
     Council will consider the screening of the kerbside seating area where excessive traffic,
     noise, wind and dust will cause a loss of enjoyment to the patrons of the facility and
     where the installation of the screen will not cause a detrimental loss of public access to
     the footpath.

     In such circumstances, the screens must be:
          Of transparent material (glass or Perspex) and must be kept transparent at all
           times;
          A total maximum height of 1.5 metres with a 0.6 clearance from the footpath; and,
           safely secured to the footpath.
          The screens must be positioned in accordance with the siting requirements
           outlined in Section 5 (b) above.

     The screening can remain erected on the footpath at the end of the trading day. The
     owner would need to accept all public liability arising from the screens. The screening
     would be required to be removed upon the cessation of the business and the footpath
     to be made good.


6.   OPERATION OF THE KERBSIDE SEATING FACILITIES

     (a)   Serving of Liquor

           The serving or consumption of liquor is only permitted with the approval of the
           Liquor Licensing Commission. However Council may further restrict the
           consumption of liquor at the Kerbside facility if it was considered by Council that
           the consumption of liquor at the kerbside seating will cause a detriment to the
           amenity of the area.

     (b)   Health and Cleanliness

           The tables and chairs must be kept clean and in a tidy state. Food and drinks
           must be disposed of as soon as possible upon the departure of the client. The
           manager of the business is responsible for the correct disposal of rubbish.

     (c)   Behaviour of Clients

           The manager of the business must have a clear vision from within the eating
           establishment to the kerbside seating area. The manager will be responsible for
           the behaviour and good conduct of clients seated at the kerbside cafe.

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                   KERBSIDE SEATING GUIDE POLICY
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     (d)   Public Risk

           Appropriate pubic liability insurance and indemnities will be required in
           accordance with the provisions of the Local Law.

     (e)   Street Cleaning

           Tables, chairs and other associated furniture may cause difficulty for Council
           street cleaners to access the footpath around the kerbside cafe area. As a result,
           it will be the responsibility of the operator of the kerbside cafe to ensure that the
           area is kept clean at all times, the street is regularly swept and rubbish is
           adequately disposed of all to the satisfaction of Council.


7.   GUIDELINES FOR ASSESSING APPLICATIONS

     Council will give consideration to the following matters in determining whether
     permission will be granted for a Kerbside Seating facility:
          Effects on pedestrian flows and safety.
          Effects on vehicular flows and safety.
          The width of the footpath.
          Any impact on the streetscape and appearance of the area.
          The design and appearance of the kerbside seating furniture.
          Whether the proposal is compatible with the adjacent land uses.
          Any impact on the amenity of the area.
          The proposed time and hours of operation.
          The proposed number of tables and chairs.
          Existing parking restrictions.

     In addition consideration will be given to the objectives of the relevant zone and any
     urban design or activity strategy of the area.


8.   PREPARING AN APPLICATION FOR PLANNING PERMIT

     Council’s Planning Service Unit must be consulted at an early stage to assist in the
     application. Preliminary advice will help identify issues likely to affect the proposal and
     type of information that must be provided with the application.




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                    KERBSIDE SEATING GUIDE POLICY
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     All applications for permit must be accompanied with the following information:
          Planning Permit Application form (available from the Planning Service Unit).
          Copy of Certificate of Title.
          A site analysis plan showing:
           -     Surrounding land uses, buildings and structures eg verandahs, other
                 existing kerbside eating areas, etc;
           -     Street width and any existing street furniture including power poles, lights,
                 verandahs and posts, etc;
           -     Existing parking arrangement, any adjacent pedestrian or vehicle crossings
                 and any bus/tram stops, etc.

          Three copies of plans showing:
           -     Overall site layout
           -     Location, number and design of tables and chairs and any other proposed
           -     Furniture eg umbrellas, screens, etc;
           -     Distance of furniture from street kerb and shop front,
           -     Any associated carparking.

           The plans must preferably be drawn at a scale of 1:100 or 1:200 and must show
           a north point.

          A description of the proposal giving details of:
           -     Type and nature of existing establishment.
           -     Number and design of tables and chairs etc.
           -     Hours of operation.
           -     Consumption of liquor, if any.

           All applications must provide adequate information to be able to assess the effect
           of the application.




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                   KERBSIDE SEATING GUIDE POLICY
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                               DRAFT PLANNING POLICIES

                 SUMMARY OF EXTERNAL SUBMISSIONS RECEIVED


1.   Submission received from WR Grace Australia Limited concerning the industrial
     development policy.
          Pleased to see Council strongly supporting appropriate industrial development.
          Only reasonable objections should be considered.
          Suggested change to wording: to limit environmental impacts to the EPA limits
           rather than Council’s requirement that it does not affect the amenity of the area.

     Officer Comment:
          Council has to consider every objection received and assess the objection
           according to the planning merits of the application. Therefore, it is inappropriate
           for the policy to state that Council will only consider “reasonable objections “.
          The environmental impact section of the policy has been expanded to give
           detailed guidelines on a number of impacts including air emissions, noise and
           storage of dangerous goods. Although some of these impacts do have EPA
           requirements, Council still has a duty of care to protect the amenity of the area.

2.   Submission received from Sydney Road Development Committee

     Kerbside Seating Policy
          Suggested for planter boxes to remain on the street after hours to add colour and
           beautify the street.
          Suggested that the proposed screens need not be dismountable.

     Industrial Development & Medical Centres Policies
          Council should require external building lighting for security purposes.

     Officer Comment
          The suggestions relating to planter boxes and screens have been accepted and
           the policy has been accordingly modified
          With regards to the external lightning of the buildings, it is considered that this is
           an operational matter and will depend on the hours of business.




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