& Footpath Areas
Table of Contents
4. Related policies & legislation
5. Areas of Possible non compliance
6. Protocol actions for non compliance
Parramatta City Council is responsible to the community for
the management of roadside areas including
footpaths. Footpath dining areas potentially have
a positive impact upon the vitality of our
and key shopping precincts. The City will always support such activities provided there is compliance with the Outdoor
Dining Policy, conditions of consent relating to the particular outdoor dining
area and Council’s approval conditions.
always maintain good record keeping and seek to
operate their activity in accordance with approved management plans.
The aim of
this policy is to establish fair, impartial and equitable guidelines for the
exercise of discretion that Council must use in dealing with outdoor dining
The policy provides a legal and administrative framework to assist Council in making decisions in its enforcement functions in a timely and efficient manner.
The policy also provides information to the public about the Council’s role and policy on enforcement.
policy applies to the enforcement of identified unlawful use or failure to
conditions of approvals.
Council will always seek to encourage a professional relationship in its liaison with operators of footpath dining areas.
4. Related Policies & Legislation
shall be read in conjunction with the Outdoor Dinning Policy adopted by Council.
The Local Government Act 1993 & Regulations
The Environmental Planning &
Assessment Act 1979 & Regulations
The Public Health Act 1991 & Regulations
The Food Act 2003 & Regulations
Transport Act 1993 & Regulations
5. Areas of Possible non-compliance
In relation to outdoor dining
there are three (3) potential areas of non-compliance which may require Council
to take appropriate enforcement actions.
§ Failure to
comply with conditions of
with an expired licence or approval or not in accordance with
licence or requirements.
/approval or without consent
6. Protocol actions for non-compliance
of enforc ing breach es of
the footpath area shall be determined in accordance with the
Parramatta City Council Enforcement policy and the following
are general guidelines for enforcement
actions associated with non-compliance.
Council has discretion in
accordance with the Enforcement Policy and Outdoor Dinning Policy to vary these
protocols depending on individual circumstances, the nature extended on
compliance or prior non-compliance. Council
has the ability to suspend the approval for a period of up to 3 months in
accordance with clause 2.30 of the Outdoor Dining Policy. These protocols are
aimed at achieving responsible and appropriate solutions to
Breaches of development consent
1 – Written and verbal notice to
Advise Strategic Asset Management of the non compliance for inclusion on register.
Strategic Asset Management of the non compliance for inclusion
Step 3 – If non-compliance continues action may be taken by Council (Strategic Asset Management Unit) to suspend the approval for up to 3 months.
Operating with an expired approval or licence
Step 1 – Application form is issued to operator and advised in writing and verbally that work / operation should cease until approval is renewed.
Operating without consent or without an approval
and ce provided that operation must cease until potentially court action.
This policy shall be reviewed within three (3) years of its adoption by the Council.