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					Part F: Chapter 5




Footpath Cafes




Camden Council Development Control Plan 2006   1
Part F: Chapter 5


Table of Contents

  1.   Objectives ............................................................................................................ 3
  2.   How are the terms used in the Chapter defined?............................................. 3
  3.   Where are footpath cafes permissible? ............................................................ 3
  4.   Controls................................................................................................................ 4
  5.   Conducting Business ......................................................................................... 5
  6.   Specific Furniture Controls ................................................................................ 6
  7.   Specific Boundary Furniture Controls .............................................................. 7
  8.   Advertising........................................................................................................... 7
  9.   The Approved Area to be kept clean ................................................................. 8




Camden Council Development Control Plan 2006                                                                                   2
Part F: Chapter 5
1.    Objectives

      (a)    To set the circumstances under which Council will give consideration to
             permitting the use of a portion of the footpath where people may consume
             food and refreshments.
      (b)    To ensure that the surrounding properties are not adversely affected by
             the activity.
      (c)    To ensure that the pedestrian or other traffic is not unduly obstructed by
             the occupation of the footpath for such use and, specifically, that the
             outdoor seating area will not obstruct vehicular traffic which might
             otherwise be entitled to cross the footpath or park adjacent to the
             approved area.
      (d)    To protect the visual amenity of commercial streetscapes in Camden.
      (e)    To ensure that food served in an outdoor environment is properly and
             safely delivered to the consumer, and that domestic pets are excluded
             from the dining area, as required by the NSW Food Authority and the
             provisions of the Food Act, 2003.

2.    How are the terms used in the Chapter defined?

      Boundary furniture means furniture which is placed to define the area in which
      the footpath café may be conducted.

      Footpath means that part of a road as is set aside or formed as a path or way for
      pedestrian traffic (whether or not it may also be used for bicycle traffic).

      Footpath café means a café/restaurant the subject of an approval in force under
      Section 125 of the Roads Act.

      Outdoor seating area means the site of the footpath café defined on the plan to
      be attached to the footpath café approval.

      Street furniture means any seat, rubbish bin, water fountain, telephone box,
      tree, planter box, telegraph pole, bus shelter, street sign or any other obstacle of
      a permanent nature placed on the footpath or plaza by Council or any other
      authority.

3.    Where are footpath cafes permissible?

      Footpath cafes are permissible in association with commercial premises within
      Camden Town Centre and Narellan Town Centre as shown on maps 1 and 2 of
      this Chapter.

      Note: Where an application is lodged for a footpath café, Council will take into
            consideration the provisions of this chapter when determining that
            application. In addition, Council will also take into consideration Sections
            125, 126 and 127 of the Roads Act, 1993 and the following plans, Acts
            and policies:




Camden Council Development Control Plan 2006                                            3
Part F: Chapter 5
            -      Local Government Act, 1993
            -      Roads Act, 1993
            -      Food Act, 2003
            -      Council’s Food Premises Code
            -      Camden LEPs 45 and 46
            -      Protection of the Environment Operations Act, 1997
            -      Liquor Act, 1982

4.    Controls

      4.1   Footpath Requirement

            The minimum width of a footpath for the purpose of operating a footpath
            café shall be 3.6m.

      4.2   Furniture Layout

            (a)   The footpath café shall be located adjacent to the associated
                  shopfront.

            (b)   A distance of 2 metres for pedestrian passage must be maintained
                  between outdoor seating and the kerb line.

            (c)   Clear passage of access/egress must be provided to the applicants
                  premise and to adjoining premises;

            (d)   The locating of outdoor seating must take into account all existing
                  street furniture including service pits and allow for the manoeuvring
                  around and use of these items by the café patrons, the general
                  public and or the authorities that use or maintain these items;

            (e)   Boundary furniture must be placed at the ends of dining areas to
                  confine the outdoor furniture and provide a safety barrier for the
                  visual impaired.

            (f)   Footpath café areas are to be identified by appropriate marking.

            (g)   Where footpaths are substantially wider than 3.6m, areas other than
                  adjacent to the shopfront may be considered. i.e. corners of Argyle
                  and John Streets.

            (h)   Generally the maximum width of the footpath café shall be 1.5
                  metres;

            (i)   At no time shall any approved outdoor furniture be located outside
                  of the marked approval area;

            (j)   The position of the footpath café must take into consideration any
                  other outdoor seating areas and maintain direct pedestrian passage;



Camden Council Development Control Plan 2006                                         4
Part F: Chapter 5

            (k)   There must be 0.5 metre setback from any adjoining premises door
                  opening;

            (l)   The footpath café may only accommodate a maximum of one (1)
                  table and three (3) chairs for every 2 metres in length;

            (m)   All existing street furniture shall be identified and taken into account
                  when considering the placing of outdoor furniture;

            (n)   The location of outdoor furniture is to have regard to service pits;

            (o)   If a driveway adjoins the subject premises, an added setback of 1.0
                  metre shall be provided.

            (p)   The footpath café should be arranged with due regard to its
                  relationship to both the road and the indoor area of the premises. It
                  should be visible from the indoor section of the premises, and it
                  should be clear which establishment the footpath café is associated
                  with. It should not obstruct access to the indoor areas, nor should it
                  inhibit access for persons with a disability by blocking ramps or
                  restricting the width of doorways.

            (q)   Footpath cafés areas shall not encroach on the frontages of
                  adjoining premises unless written consent is obtained. It must not
                  interfere with the circulation of pedestrians around the frontage of
                  adjoining premises. Council will not grant consent for an outdoor
                  seating area if there is an expectation that its presence will interfere
                  with the business of adjoining premises.

5.    Conducting Business

      (a)   Hours of operation for the footpath café shall be restricted to the approved
            hours of the associated restaurant/premises;

      (b)   All outdoor furniture, including the boundary furniture, shall be removed
            from the footpath when the associated restaurant/premises is closed;

      (c)   The use of the area shall not give rise to any nuisance to adjoining
            properties or an offensive noise as defined in the POEO Act 1997. The
            proprietor shall not allow amplified music to be played within the approved
            area;

      (d)   No entertainment shall be permitted within the area of the footpath café
            without the consent of Camden Council;

      (e)   The proprietor shall take all reasonable precautions to ensure the good
            conduct of employees and patrons of the footpath café;




Camden Council Development Control Plan 2006                                             5
Part F: Chapter 5

      (f)   Tables, chairs, planters and other furniture must be kept clear of all
            required fire exits of the premise or of adjoining premises;

      (g)   All outdoor furniture, facilities and the pavement shall be kept at all times
            clean and free from food scraps, cigarette butts, refuse and disfigurement;

      (h)   No street furniture other than that already approved by Council is
            permitted within the area of the footpath café. Any additional furniture and
            or awning blinds will require a further development application;

      (i)   The proprietor shall not use the outdoor seating area for purposes other
            than a footpath café;

      (j)   The proprietor may not cook or prepare food in the footpath café;

      (k)   Any rubbish which is collected from the land must be disposed of in
            accordance with Council directions and not to street bins;

      (l)   The approval does not permit the placement of A-frame signs or any other
            signs within the outdoor seating area;

      (m)   The approved outdoor seating area is required to be approved by
            Camden Council on a tri-annual (3 year) basis in accordance with Section
            125 of the Roads Act, the requirements of Section 68 of the Local
            Government Act 1993 and the requirements of this chapter.

      (n)   The Proprietor is responsible for obtaining and maintaining for the
            approval period a current public liability risk insurance policy for the sum
            of $10,000,000 which covers public liability from actions associated with
            footpath trading. The policy is to indemnify Camden Council against any
            public liability action within areas between the front property boundary of
            the shop and the kerb line of the street for the full frontage of the shop
            premises.

6.    Specific Furniture Controls

      (a)   All furniture must be of sturdy construction and suitable for outdoor use.
            All furniture must be of a high standard and aesthetic quality and must be
            kept clean and well maintained. Any damaged furniture shall be replaced
            straight away. Seats should be of metal frame construction or other
            suitable material, and furniture in general should be of non-lightweight
            construction so as not to move in strong winds. Tables can either be
            square or round and must be of a size no larger then 0.8 metres in width
            for a square table or 0.8 metre in diameter for a round table.




Camden Council Development Control Plan 2006                                           6
Part F: Chapter 5

      (b)   Umbrellas may be permitted, subject to the merits of the proposal. To
            minimise the risk to public safety, umbrellas shall have a minimum height
            of 2.2 metres and must be anchored in an appropriate manner. The
            device used to anchor the umbrella should not present a trip hazard to
            patrons or pedestrians. Means of anchoring must be specified in the
            application.

      (c)   Applicants should select a single style and colour scheme for tables,
            chairs and umbrellas to provide consistency and identity. Details of
            furniture (including pictures) should be submitted with the application.

      (d)   The use of heaters is permitted when they have been approved as part of
            the furniture nominated in the development application. All heaters must
            be designed for outdoors use, freestanding and not require the use of
            additional electrical wiring over the footpath. They must be well
            maintained, stable and must be located at all times within the approved
            area. The heaters must be of a neutral colour and at no time shall they be
            used in any other way other then as specified by the manufacturer.

7.    Specific Boundary Furniture Controls

      (a)   Boundary furniture is required to be located within the marked outdoor
            seating area.

      (b)   The boundary furniture shall be of sturdy construction, a minimum of 0.6
            metres high and complementary in colour to the outdoor furniture and the
            surrounding area. (Note: The common type of boundary furniture is the
            metal frame with canvas advertising centre.) The boundary furniture
            should have no sharp edges and any protruding feet must be contained
            wholly within the marked footpath café. All possible attempts should be
            made to reduce any probable hazards to pedestrians or patrons.

      (c)   At all times boundary furniture must be well maintained. Any damaged
            furniture must be replaced as soon as possible.

      (d)   Planter boxes may be used as a substitute for metal frame boundary
            furniture, subject to compliance with the above controls.

8.    Advertising

      (a)   Advertising will be permitted on approved umbrellas and boundary
            furniture, but not on any other furniture, including tables, seating, or
            planter boxes.

      (b)   No ‘A’ frames, Sandwich boards or pedestal menu boards are permitted
            to be placed outside the premises or located within the outdoor seating
            area.




Camden Council Development Control Plan 2006                                        7
Part F: Chapter 5

      (c)   Advertising on umbrellas must be restricted to two (2) logos or names
            on the entire surface.

9.    The Approved Area to be kept clean

      (a)   The area must be kept clean at all times. Any spilled food must be
            cleaned up and deposited in waste bins inside the premises. A bin must
            be placed where it is clearly visible to patrons inside the premises and
            must not obstruction patrons.

      (b)   Ashtrays shall be provided on all tables if requested by patrons. All
            cigarette butts/ashes shall be disposed of in waste bins inside the
            premises.




Camden Council Development Control Plan 2006                                      8
Part F: Chapter 5




Camden Council Development Control Plan 2006   9
Part F: Chapter 5




Camden Council Development Control Plan 2006   10

				
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