Item 9.5 - Attachment 3 |
Attachment 3 - Proposed Amended Policy |
Outdoor
Dining Policy
Reviewed
August 2009
2
2.
Outdoor Dining Policy
2.0
Introduction
2.1
Purpose
2.2
Aims and objectives of the policy
2.3
Area to which this policy applies
2.4
Relationship to other plans and legislation
2.5
Urban Design Guidelines and Assessment Criteria
2.6
Access to Council Infrastructure
2.7
Circulation, safety and convenience
2.8
Furniture Guidelines
2.9
Markers
2.10
Enclosures
2.11
Planter boxes
2.12
Wind breaks
2.13
Umbrellas
2.14
Advertising and signage
2.15
Heating Devices
2.16
Accessories
2.17
Service
2.18
Access to facilities
2.19
Lighting
2.20
Associated works
2.21
Storage
2.22
Animals
2.23
Waste Management
2.24
Smoking
2.25
Maintenance
2.26
Insurance
2.27
Fees and Charges
2.28
Billing Schedule
2.29
Security Deposit Bond
2.30
Monitoring of Performance
2.31
Application process
Outdoor
Dining Policy
2.0
Introduction
Parramatta
City Council is committed to enhancing urban life and promoting the continuing
development
of outdoor dining through an integrated approach to design and location of
furniture.
Outdoor
dining makes a significant contribution to the quality of public spaces and
urban
life. Outdoor dining provides an active street frontage that is alive and ever
changing.
dining.
There are several benefits from outdoor dining including revitalization of
run
down areas, enhancing social interaction, preventing vandalism and other forms
of
street crime as a result of the casual surveillance. It adds to the City’s
image, lifestyle
and
vibrancy.
2.1
Purpose
The
purpose of this policy is to;
§ inform and
advise businesses of the requirements when applying for outdoor dining wherever
feasible and appropriate throughout the Parramatta Local Government Area (LGA)
§ provide a
framework for the location and design of outdoor dining furniture and to ensure
a high standard for each restaurant / café and to further strengthen
Council’s direction in promoting an active
and positive street frontage.
2.2
Aims and objectives of the policy
§ To promote a high
quality visual environment
§ To support
local economic development and commercial vitality
§ To ensure
outdoor dining contributes to the improvement (i.e. function and
safety) of the streetscape
§ To ensure that
pedestrians and other forms of traffic are not unduly obstructed
by outdoor dining
§ To ensure that
outdoor dining contributes to the amenity of adjoining or nearby
properties
§ To ensure
outdoor dining is compatible with other community uses of public
space
§ To ensure that
Council clearly communicates its desires and responsibilities for
outdoor dining across the LGA and that the
controls are easily understood and
regulated.
§ To provide for
performance monitoring to be used as part of the approval renewal process.
2.3
Area to which this policy applies
This
policy applies to:
Footpaths
and roadways under the ownership or management of Council.
to
any privately owned and managed spaces to guide and achieve consistency
between
the public and private domain.
All outdoor seating areas where food and
beverages are served and the approval process requires an approval to occupy to
be acquired.
Please
note that some conditions differentiate between the Parramatta City Centre and
the rest of the Parramatta LGA.
2.4
Relationship to other plans and legislation
This
policy supersedes the Outdoor Dining Policy of December 2005. This policy
should
be
read in conjunction with Parramatta Local Environmental Plan, City Centre, 2007
Development
Control Plan (DCP), DCP 2007, Sydney Regional Environmental Plan
No28
and NSW Food Act and Food Safety Standards incorporated therein.
The
policy provides for development consent plus approval under Section 125 of the
Roads Act, 1993 and an activity approval under S68 of the Local Government Act
1993. Prior to lodging any an Outdoor Dining Application please contact Council
to ensure that you have all relevant plans or policies for consideration.
2.5
Urban Design Guidelines and Assessment Criteria
2.5.1 Outdoor Dining Plan
Submission Requirements
When
applying for outdoor dining all plans submitted are to be drawn to scale at
minimum scale 1:100 and to include the following;
- A north point
- The property boundary and
entries
- Awning line dotted over (if
existing)
- Footpath including kerb
- All footpath elements
within 3 m of the proposed dinning area including, kerb ramps, vehicle
crossovers, driveways, public seats, bins, street lights and street trees
- The proposed area for
dining
- The proposed furniture
layout
- Any proposed barriers and
overhead shelter, awnings and the like
- Any adjoining outdoor
dining areas.
- All measurements in metric
(millimetres).
2.5.2 Urban Design Guidelines-Temporary Structures for weather
protection.
Where
additional shelter is required for weather protection to outdoor dining areas,
light- weight structures may be allowed on the public footpath subject to the
following guidelines and Council approval.
- The shelters are to be high quality. They should not dominate
the streetscape, or make the footpath appear as a privately owned space and
there is to be consistency in their height, and appearance.
- The building awning line is
to remain visually prominent in the street and the ceiling of the outdoor
dining structure is to sit under the awning.
- Shop bought off the shelf
products are preferred to ensure uniformity of appearance and high quality
fixtures.
- The structure/shade
structure is to be a detached element that is self supporting and may not to be
fixed to the awning or building.
- Roof cladding is to be
fabric and/or semi transparent and light shades for a lightweight appearance.
- There is to be minimum
2200mm to the underside of the ceiling of the shelter/shade structure.
- The support structure is to
be as minimal as possible and of dark colours to be visually recessive.
2.5.3
Outdoor
dining should relate to, be sensitive towards and enhance, existing urban
character,
heritage and street quality and function.
The
most important local conditions to be considered in locating outdoor dining are
pedestrian
and vehicular circulation, convenience and safety of patrons and the general
public,
existing streetscape elements and amenity in residential areas.
The
ground surface must be suitably constructed and sufficiently level to support a
proper
layout and safe use of the required furniture and associated circulation areas.
To
achieve this only minor structures or changes in the footpath will be permitted
such
as fixing of umbrellas and markers for dining areas.
Only
that part of the footpath / roadway / public plaza directly in front of the
ground
floor
of a restaurant / café may be used for outdoor dining. The area may not
normally
extend
to the area in front of neighbouring properties.
However,
in areas with a current low level of outdoor dining and / or where street
activities
are being encouraged, consideration may be given to allow outdoor dining
to
extend along the footpath. This extension will only be from the principal
premises along the footpath
for
up to one premises frontage in either direction beyond the premises to which
the
approval
relates.
Extension
of an outdoor dining area where permitted by Council must be directly
linked
to the current outdoor dining permitted area. Extension of an outdoor dining
beyond
the principal premises is dependant on permission being granted from the
operator
and the property owner of the adjacent business. Should that permission
be
withdrawn, or the adjacent business change operation, approval will be deemed
to be withdrawn,
and
outdoor dining must be removed immediately. All structures must be removed
at
the cost of the operator.
Where
Council is the adjoining landlord (e.g. a laneway), only half the space would
be
permitted
to be used by the neighbouring restaurant, unless the landowner on the
opposite
side of the laneway consented to the use of the entire footpath area.
Where
an extension of the outdoor dining area has been granted, the operator
must
take responsibility for any liability issues that are associated with the
extended outdoor dining
area.
2.6 Access to Council
Infrastructure
Council staff and equipment may need to access
public infrastructure such footpaths, pits lighting and other services from
time to time. Sometimes this need may arise in emergency circumstances.
Accordingly outdoor dining structures should be able to be moved so as to allow
this to occur. While Council will
attempt to minimise the extent and length of time taken to address the matter
at hand Council will bear no responsibility for interruption to approval holders`
businesses caused by the required access.
The size of the structure should be limited but
allow for multiple units to be used in large areas such as corners. This
can be managed through the management plan and BCA assessment and will assist
in the maintenance issues raised above to allow for sections only to be removed
allowing other sections to remain trading as part of the approval.
2.7
Circulation, safety and convenience
Due
to disability access requirements, where practical, the preferred location for
footpath
seating
is away from the building edge, that is close to the kerb. This allows for
continuous
easy movement of pedestrians along the footpath, and browsing in shop
windows,
entry into shops, and ease of movement for people with vision impairment
or
other disabilities..
Special
conditions apply where seating must be located next to the kerb as the
pedestrian volume is greater.
In
all locations, a clear distance of at least 1.8m metres must be maintained
adjacent
to
the seating area for pedestrian circulation, exclusive of any obstruction or
street
fixture e.g. bench, tree, rubbish bin, pole.
At
street intersections, a setback of at least two metres from the building corner
applies
exclusive
of any obstruction or street fixture e.g. bench, tree, rubbish bin, pole or
other installation.
A
line of sight diagram is to be supplied with all development applications,
All
seating located close to the kerb must be at least 0.8 metres from the kerb
edge
to
provide a safety buffer from vehicles.
Seating
may not be located next to both the building edge and kerb side.
If
the restaurant / café is located adjacent to Disabled Parking a clearance of
1.5m
from
the kerb must be maintained to allow access for wheelchairs.
Seating
may not be located in the middle of the footpath.
In
otherwise favourable locations minor modifications of the nominated clearances
may
be appropriate with written approval from Council.
2.8
Furniture Guidelines
Layout
The
style, layout and orientation of furniture should be chosen according to the
extent
and
shape of the available space. All furniture must satisfy relevant Australian
Design
Standards.
The
depth of space available for outdoor dining depends on the width of the
footpath.
The
minimum practical depth for outdoor dining is 1 metre which allows for two
chairs
per
table. The layout and space between settings of tables and chairs must maintain
access
at disability standards at all times.
The
use of mis-matched tables and chairs is not permitted. The furniture must
be
of the same “family group” to ensure visual unity and enhancement of the
surrounds.
Whenever
possible, outdoor dining areas should visually relate to, and be physically
aligned
with, existing features and permanent elements of the streetscape and landscape
such
as trees, pedestrian lights, bollards and similar installations.
It
is the responsibility of the operator to ensure that all outdoor dining
furniture is located within the boundaries of the approved seating area at all
times.
Furniture
Style
Outdoor
furniture should make a positive contribution to the street environment. A
furniture
style that is practical and elegant and integrates well with the surrounding
cityscape
is encouraged.
The
furniture must fold or stack for storage, and be readily removed and stored
within
the
associated indoor premises.
All
furniture items will be subject to Council’s approval. Consideration
may
also be given to well designed, creative, and individual alternatives
Furniture
colour schemes must form part of any application.
Furniture
for outdoor dining is required to meet the following criteria:
§ Structure
The
furniture should be strong, durable, waterproof and weather resistant, designed
for
commercial outdoor use. The design must not contain parts that are likely to
cause
damage to the pavement.
Public
safety and comfort must be considered. Sharp edges, and hinges or other
moving
parts must not present a potential hazard to patrons or pedestrians.
§ Materials and colours
Tables,
chairs, and umbrellas may be powder coated or polished aluminium,
brushed
or stainless steel, natural or painted timber or canvas. Suitable colours are
natural,
camel, terra cotta,
and
surfaces such as table tops must be non-reflective. White table surfaces, chair
seats
and backs are discouraged due to the tendency for rapid deterioration and
discolouring
in the urban environment.
2.9
Markers
All
boundaries of the approved seating area, including areas requiring
a liquor licence,
are to be marked. Council may require the applicant to supply such
markings,
or Council will supply at a fee.
The
markers must remain in place throughout the duration of the approval period,
and all furniture, including umbrellas and plants, must be kept strictly within
the boundaries of the approved seating area.
Examples
of markers are pavers, brass inserts flush with the paver, wind breaks and
planter
boxes. Council will specify the type of marking required for each approval
issued.
2.10
Enclosures
Outdoor
dining should enrich the pedestrian experience and public life. It is therefore
important
that they present an open, inviting image and are easily accessible by the
public.
Canvas
or Plastic screens attached to an umbrella are allowed but must be:
§ Clear and
transparent and colourless
§ Good quality
§ Well maintained
§ Only used in
windy, rainy or cold weather (poor weather only)
§ Raised or
removed during fine weather
§ Full enclosure
of the outdoor dining area is not permitted. A maximum of
three sides can be enclosed. (Three sides
plus the roof)
§ Additional
awnings may not be attached to existing fixed awnings.
2.11
Planter boxes
Planter
boxes may be considered in open areas such as plazas or footpath
widenings
which are separated from the main pedestrian path. The planter boxes
must
be well maintained and monitored by restaurant / café approval holder.
Permanent
planter boxes will only be considered in privately owned open space or
on
extended footpath areas.
Planter
boxes should not exceed a total length of 1800mm and total height, including
the
plants, should not be more than 1200mm.
Council
reserves the right to order the removal of planter boxes that are not properly
maintained
including the consistent provision of approved high quality flowers
or
vegetation. They must be removed from the public area when the café/restaurant
is not
operating
or designed as an integral part of the open space.
Planter
boxes supplied by Council will be maintained by Council with a separate
maintenance
fee charged.
No
advertising is allowed on planter boxes.
The
placement of planter boxes must be shown
on all plans and applications prior to any approvals being given.
A
special condition applies where planter boxes may only be
placed
on the kerb side of the dining area and not between adjoining dining
areas
or between dining area and pedestrian area.
2.12
Wind breaks
Wind
breaks are permitted. However, advertising conditions apply. See advertising
and
signage for conditions.
2.13
Umbrellas
Umbrellas
are appropriate for providing shade and shelter. However, umbrellas
and
other shade structures must:
•
be positively secured to ensure that they are at all times
securely fixed to
withstand the effects of wind
•
be removed or closed in extremely windy conditions and must be
removed
when the outdoor seating area is not in
use unless they have been permanently fixed
•
not encroach on, or interfere with pedestrian movement, and
must be at
least 2.2 metres above the ground level
when open
•
be certifiably manufactured from fire retardant material if
adjacent to a
heating device
•
be maintained in sound and aesthetically acceptable condition
to Council's
satisfaction
•
allow only incidental advertising on umbrellas such as name of
café or
•
coffee brand
•
be market style (not beach umbrellas)
•
umbrellas and other shade structures, will be subject to the
Council’s
approval, details of which must form part
of any application
•
be more than 400 mm from the kerb line
All
enclosures must be collapsed or removed when weather conditions beyond
the
capacity of the structure are encountered (e.g. an umbrella wind rated to 40
knots
must be removed at a wind speed greater than 39 knots).
2.14
Advertising and signage
Below
are general specifications for advertising and signage. Each application will
be
assessed to ensure a high standard of graphic design that is complementary
to
the restaurant / café and streetscape.
Windbreaks
allowed but are to be located between kerb and dinners
Permitted
§ to place
advertisement / signage on outdoor umbrellas. The name of the
restaurant / café may be displayed on
every alternate panel
§ to place
advertising / signage on windbreaks covering up to 30% of the total
surface
§ to identify the
restaurant / café or advertise products which are a core part
of the business and are supplied by the
restaurant / café to its patrons
§ have only one
product, logo or business name being advertised
§ is of a minor
and integral element of the furniture design and does not have
an excessive impact on the area of the
café or the streetscape
§ the attachment
of a menu board to the building
§
Not
permitted
§ to place the
name of the restaurant / café, coffee brand, or logo on other
items of furniture
§ the coverage of
more than 30% of any surface area with the name of the restaurant /cafe or logo
§ the use of pedestal
'menu boards', 'A frames' ', sandwich boards and amplified
‘spruikers’. If menu boards are used they
must be small enough to be easily transportable so they can be carried to and
from outdoor dining area as required
§ to illuminate
advertising using neon lighting or similar lighting.
Details
of all signage and advertising, including attached menu boards, must be
submitted
for approval as part of the application.
2.15
Heating Devices
The
use of heating devices must be managed from a risk management perspective and
compliance with relevant legislation and authorities requirements must be
complied with. The design
of
the device and the safety of persons and property will be the main
consideration.
Where
the use of a heating device is proposed, details of the type, location and
design
must be included in the application. Appropriate fire safety equipment
must
be easily accessible and its location noted in the application.
Heating
devices should turn off automatically if overturned to prevent injury to
patrons
and property. Heating devices must be removed from public land and
appropriately
stored when not in use.
Direct
access to the gas mains and use of electrical extension cords are not
permitted.
Installation
of gas heaters should be in accordance with AS 4565 –2004 Radiant
Gas
Heaters. Heaters must not be placed where they may present a fire hazard
(e.g.
in close proximity to umbrellas).
2.16
Accessories
Accessories
such as loudspeaker equipment, dumb waiters or cash registers will
not
be permitted in the approved area.
2.17
Service
Table
service is encouraged. It is mandatory where alcohol is served. The use of
disposable
tableware in outdoor dining is not permitted.
2.18
Access to facilities
Where
a significant increase in number of patrons will be accommodated in the
outdoor
area it may be necessary to upgrade the existing facilities.
The
introduction of outdoor dining will increase the overall customer seating
capacity
of
the premises. The business owner must assess the ability of the existing
premises
to accommodate the additional patron load. This will require appraisal to
determine
that adequate space and capacity exists in the food preparation and
storage
areas, general waste storage and disposal facilities, sewer trade waste and toilet
facilities to meet the increased needs of additional patrons and staff.
Australian
Standard AS 4674- 2004 and Food Safety Standard 3.2.3 (adopted
under
the Food Act) and Council’s Food Safety Codes provide guidance on the provision
of space for food preparation and associated activities. The health and amenity
provisions of the Building
Code
of
BCA
requirements
The outdoor dining areas should also be restricted
in size and configuration to ensure populations are adequate to meet BCA
requirements for egress and other fire safety concerns. There should be a
management plan for areas that have a population in excess of 50 people that
includes seating layout and paths of travel to allow for safe egress and
circulation spaces. These areas should be delineated.
2.19
Lighting
Any
outdoor cafe approved to operate outside daylight hours must provide adequate
lighting
to ensure the safety and amenity of patrons and the general public.
2.20
Associated works
In
some cases, the applicant may wish to undertake streetscape works to
accommodate
an
outdoor cafe. Such works may include footpath widening, paving, street tree
planting,
pedestrian
lighting, etc. Any such works require specific approval by the Council and any
costs associated with these improvements will be borne entirely by the
applicant.
2.21
Storage
All
outdoor furniture is to be stored away from the public area and off public land
outside
the hours of operation to allow for activities such as street cleaning.
2.22
Animals
No
animals, other than guide dogs, are permitted in the dining /drinking
areas.
This includes footpath dining areas.
2.23
Waste management
This
policy aims to promote sound environmental practices which reduce the amount
of
waste generated from the activity and encourages the business owner to
responsibly
dispose
of waste.
The
introduction of legislation banning smoking from dining areas has seen an
increase
in
the amount of cigarette butt litter that has accumulated around outdoor
dining
areas, which in turn is often blown into the streets, down stormwater drains
and
into our waterways.
Appropriate
environmental management is an important issue for
Council
and the community. Waste management is the responsibility of all stakeholders
including
Outdoor Dining operators. This includes the containment and
proper
disposal of tobacco waste including cigarette butts.
All
waste must be stored in an appropriate container and operators must
accept
and demonstrate responsibility for the disposal of all wastes as well as the
cleanliness
of the area immediately adjacent to their premises.
To
ensure the outdoor dining area is maintained in a clean and hygienic state at
all
times
and to reduce the impact of waste upon the environment, the following
requirements
will
apply:
•
All ashtrays utilised within the outdoor dining area must be of
a windproof
design.
•
Operators must maintain the cleanliness of the outdoor dining
area, i.e.
ensure that tables and chairs are kept
clean and that litter is removed from in
and around the outdoor dining area and
disposed of properly.
•
Outdoor dining debris, litter or waste must not be swept
into stormwater
drains,
gutters or garden beds.
•
All litter must be swept, collected and disposed of in an
approved litter receptacle.
•
Windproof ashtrays must be of a type approved by the Council.
•
Where single use items such as drink coasters and napkins are
to be used
they should be compostable.
2.24
Smoking
Council
has the authority to prohibit smoking in Public Spaces under Section 632 of
the
Local Government Act (1993). Council, whilst not encouraging smoking has not
taken this step. However, should operators choose to allow smoking operators
are required to clearly display signage advising whether or not smoking is
permitted within their approved outdoor dining area.
Approval holders who wish to have smoking
within the dining area are required provide a approximately of 50% (half where
practical) of their outdoor seating to remain as a smoke free area (with
signage) and windproof ashtrays and to keep the area used for outdoor
activities free of discarded cigarette butts.
2.25
Maintenance
All
furniture must at all times be maintained in a physically sound and
aesthetically
acceptable
condition to the Council’s satisfaction. The restaurant / cafe is responsible
for
cleaning the approved seating area. It must present a clean, well maintained
image
as
specified in the conditions of the approval and development consent.
All
requirements of the food safety standards adopted under NSW legislation are to
be fully met.
Outdoor
dining furniture and fittings must be maintained at a high standard of
presentation for all outdoor dining by ensuring that furniture, screens and
planters are clean, in good order and well presented.
The
cleanliness of the public place must be maintained throughout the trading
period through the removal of leftover food, paper, cigarette butt waste and
tree debris such as leaves and pollen.
Repair
and maintenance of outdoor dining furniture
The
following table may be used as a guide for maintaining a high standard of
presentation
for
all outdoor dining furniture and fittings:
Windbreaker/Screen broken
- Repair within 24hours
Windbreak/Screen missing
- Replace within 7 days
Windbreak/Screen torn
- Remove and repair within 7 days
Graffiti on
windbreaker/screens - Clean within 48 hours
Graffiti on canvas
- Remove and clean screens or replace within 7 days
Components of
windbreaker/screens missing or broken- Replace within
7 days
Furniture in disrepair
- Remove or replace within 7 days
Screens, awnings, umbrellas
& drop downs in unclean condition - Clean within
24 hours
Umbrellas,
drop downs & screens do not meet Outdoor Dining Policy Requirements
- Install with Council approved Umbrellas, drop downs & screens
within 8 weeks
Planter boxes damaged -
Remove and replace within 7 days
Plants wilted or plants
– Remove and replace within 7 days
Advertising not meeting Council’s
Outdoor Dining Policy requirements - Remove
within 24 hours
Umbrella damaged or canvas
torn - Remove and replace within 7 days
2.26
Insurance
The
proprietor must maintain a minimum of $10 million Public Liability policy or
any
other
amount as Council may stipulate from time to time for the use of the footpath/
roadway
or public space. Evidence of that policy must accompany the proprietor's
application.
Council is to be named as an additional insured under the policy for their
respective
rights and interests (f.t.r.r,&i). Council may also from time to time
request
a
Certificate of Currency of the policy from the proprietor.
2.27
Fees and Charges
Relevant
fees are outlined in Council’s Fees and Charges Schedule. These fees and
charges
are reviewed on an annual basis. The fee structure has regard to current market
rates
for equivalent indoor spaces (e.g. Parramatta CBD will attract a higher rate
than
a
suburban centre).
2.28 Billing Schedule
Operators
will be invoiced quarterly in advance but with a common expiry date (CED) to
the nearest quarter for the first invoice, e.g. an approval issued on 6 January
will have a CED of 31 March and the next invoice will be for the three (3)
months to 30 June.
2.29 Security Deposit Bond
Upon
receipt of the Outdoor Dining Approval the applicant will be required to pay a
security deposit bond equivalent to three (3) months of the total annual
approval fee. This will be held by Council in trust for the duration of the
approval holders occupation of the footway and returned when Council is
notified in writing by approval holder that the holder wishes to stop the use
of the approved area as long as there are no outstanding monies to Council and
the approved area is left in good condition.
2.30 Monitoring of Performance
(compliance with outdoor dining policy)
This
Policy is designed to provide for the seamless conduct of outdoor dining
operations in the LGA. Adherence to this policy is necessary for this to occur.
Accordingly the conduct of outdoor dining establishments will be monitored and
a record of the contravention of each operator will be maintained. Should the
number of contraventions or breaches exceed two (2) per annum a renewal
application from that approved operator will not be accepted for a period of 3
months and the operator will be required to cease outdoor dining operations for
3 months. Depending of the circumstances of the breach fines may also be issued
by Council.
2.31
Application process
Outdoor
dining requires Development Consent and an approval to occupy Council owned
land.
Application
forms and advice can be obtained from the Council’s
Strategic
Asset Management Unit,
(02)
9806 5098 or you visit Council’s website on www.parracity.nsw.gov.au.
Please note that where it
is intended to serve alcohol a separate licence under the Liquor Act is required.
Further information can be obtained from the Liquor Administration Board.
Council
reserves the right to approve applications for limited periods.
Written
applications for an Outdoor Cafe Approval are to be addressed to the Property
Asset Management Officer Outdoor Dining