OUTDOOR DINING AND TRADING DRAFT POLICY

OUTDOOR

DININGAND

TRADING

DRAFT

POLICY

2024

CONTENTS

Introduction ......................................................................................................... 1

Purpose of this policy ......................................................................................... 1

Policy statement .................................................................................................2

Policy governance ...............................................................................................2

Policy principles ..................................................................................................3

Dening zones for outdoor dining and trading ........................................... 4

Application of policy ..........................................................................................5

Eligible locations ................................................................................................ 6

Permitted uses, fees and renewal ..................................................................10

Design, operation, maintenance, and compliance ..................................... 13

Encroachment into the pedestrian zone ...................................................... 15

Outdoor dining/trading within the nature strip /

back-of-kerb zone (footpath) .........................................................................16

Outdoor dining/trading within on street parking,

laneway and roads (Parklets) ......................................................................... 17

Clearance and access – all zones.................................................................... 18

Attachment 1: Other relevant legislation ..................................................... 21

Attachment 2: Other relevant Council policies .......................................... 22

Attachment 3: Darebin retail centres .......................................................... 23

Attachment 4: Denitions .............................................................................. 25

INTRODUCTION

Outdoor dining plays an

important role in activating

public space for commercial

benet to local business and

in return they help foster

vibrant public spaces, streets

and local activity centres for

the local community to enjoy.

As our city continues to densify, these

spaces become our everyday outdoor

meeting spaces for social gatherings, help

to create a sense of identity and place,

and make our centres more interesting

andexciting.

Darebin encourages local businesses to

help activate our city with outdoor dining

and footpath trading on footpaths,

nature-strips and road-spaces, ensuring

that it’s done in a balanced way, with

safety and accessibility at the forefront.

PURPOSE OF

THISPOLICY

The purpose of the Darebin

Outdoor Dining and Trading Policy

(the Policy) is to:

• Ensure that the objectives of Council’s

LocalLaws No 1 are achieved in administering

this Policy.

• Give effect to the relevant provisions of the

legislation outlined in Attachment 1 and the

applicable parts of other Council policies

inAttachment 2.

• Provide clear and simple guidance to assist

businesses with their applications to establish

new or extend existing outdoor dining and

trading areas.

• Provide Council with a clear decision-making

framework for the evaluation of applications

and the enforcement of Outdoor Dining and

Footpath Trading permits.

• Provide a framework for Council’s guiding

principles on activating public footpaths

and roadways for commercial purposes

and for the broader community benet

while maintaining a balance between the

safe passage for pedestrians and vehicles

throughthese shared spaces.

• Support trialling short term commercial use

of on-street parking bays or road space,

which could inform longer-term public

space priorities, projects, and investment

byCouncil.

Outdoor Dining and Trading Draft Policy 2024

POLICY

STATEMENT

The Policy will ensure that

Outdoor Dining and Trading

inDarebin will:

• Enhance the safety and vibrancy of

the publicrealm and encourage more

pedestrians and visitors to the areas,

beneting the broader business precinct.

• Encourage more foot trafc and

ongoing support for local businesses

acrosstheprecinct.

• Spread activation onto the street

encouraging people to pause, sit, linger,

engage and gather along the street edge,

blending public space with the private

realmin commercial centres.

• Be designed in a way that reects local

place and identity, minimises street clutter,

creates a safe environment for all users and

providesdignied access for all members

ofthe community to use and enjoy.

• Be implemented ensuring a good balance

between the public and privatisation of

publicspace is achieved.

• Facilitate partnerships with local businesses

to help activate our retail precincts.

POLICY

GOVERNANCE

Council’s Business Development

Unit are the custodians of this

Policy, holding responsibility for

the implementation, education,

and monitoring.

Council’s Local Laws unit are responsible for

ensuring compliance of this policy in accordance

with Darebin Local Laws.

This Policy is to be formally reviewed every

5years. Council may, at its discretion, review

itsooner.

Darebin City Council

POLICY

PRINCIPLES

The following principles have

beendeveloped to provide

guidance for successful

Outdoor Dining and Footpath

Trading applications. All permit

applications should respond

tothefollowing principles:

Safe and Welcoming

Outdoor dining and trade proposals must

be designed with safety in mind. Darebin’s

streets are to remain welcoming and accessible

for users of all abilities, without obstacles or

hazards for walkers and wheelers. Safety and

perception of safety is essential for a successful

and enjoyable public realm. Outdoor dining

and trading areas must be and feel safe to use

tosucceed.

Applicants must consider the safety of all

publicrealm users and how they will use,

perceive, interact with, and be impacted by

outdoor dining and footpath trading. This

includes the arrangement, design and location

of street and business furniture, structural

integrity of proposed furniture. services

and equipment, opportunities for passive

surveillance, access and conicts between

pedestrians, cyclists, and vehicles.

Equitable and Accessible

Outdoor dining and trade proposals facilitate

safe, functional, active, and inclusive public

streets and spaces.

Applications must meet the access needs of

all public space users and modes of transport

to ensure their passage is convenient, safe,

equitable and efcient. All proposals can be

accessed, used, and enjoyed by people of all

ages and abilities. They also prioritise access

for active modes of transport like walking and

cycling overmotorvehicles.

Attractive and Enjoyable

The design and appearance of outdoor dining

and trade should positively contribute to the

public realm experience and entice people to

uses these spaces.

Proposals should consider and respond

appropriately to the surrounding context

and preferred character of the area through

considered use of material, colour, planting

and furniture selection. Outdoor dining should

be considered as part of the street design and

incorporate and enhance existing features

suchas trees and verandas.

Outdoor dining approaches and furniture

should be of high quality and design and make

a positive contribution to the street experience.

Interesting and innovative approaches which

are built for purpose are encouraged. Proposals

which are well designed and maintained are

essential in providing comfortable spaces

for people to enjoy, sit and linger without

anyobstructions.

Resilient, Sustainable

andWellMaintained

Furniture and materials used for outdoor dining

and trade should be robust, weather resistant

and easy to maintain, aligning with the Design

Guidelines.

The use of locally sourced materials which aligns

with Council’s Environmental Sustainable Design

(ESD) principles is strongly recommended.

Businesses need to ensure outdoor trading

spaces are maintained regularly, with furniture

to be stored inside building when the business is

not operating.

Outdoor Dining and Trading Draft Policy 2024

DEFINING ZONES

FOR OUTDOOR

DINING AND

TRADING

The publicly owned areas in

front of shops and businesses

are commonly referred to as

‘Footpaths’ and ‘Nature Strips’, and

these abut publicly owned roads.

There are many competing demands for

these public areas which often contain trees

and landscaping, artwork, street furniture

(bins, water fountains, benches, etc.), public

infrastructure (bus stops, power and lighting

poles, inspection pits, etc.) in addition to

being spaces that provide access to shops,

businesses and homes. All of these services

and infrastructure may prohibit or limit

opportunitiesfor outdoor dining and trading.

While outdoor dining and trading will help

activate and positively contribute to the

vibrancy and activation of our retail centres

and support local businesses, these benets

need to be balanced against the need to

maintain clear and unobstructed access for

pedestrians walking along the footpath, as well

as pedestrian access from parked vehicles to

the footpatharea.

The footpath can be dened by four zones

thatgovern its use, and can be identied as:

• Pedestrian Zone.

• Nature Strip or Back-of-Kerb Zones

(footpaths).

• Kerbside Zone.

• Parking Spaces or Road Space.

Pedestrian

Zone

1.8m

minimum

Building

Road

Trading

Zone

0.7m

minimum

Kerbside

Zone

0.6m

minimum

Parklet Trading Scenarios

Dening Zones for Outdoor Dining and Trading

Darebin City Council

APPLICATION

OFPOLICY

As required under the Darebin

General Local Law No. 1 a permit

is required for the following:

• A temporary advertising sign up to 1.5square

metres in size on a road or Councilland.

• Undertaking a commercial use or activity

ona road or Council land to:

a. provide outdoor dining areas where

suchause is not regulated by the

PlanningScheme; or

b. sell goods or services, display goods for

sale or hold occasional sales of goods.

This Policy applies to businesses and community

non-for prot groups who wish to use publicly

owned footpaths, nature strips, road reserve,

on-street parking, and laneways for commercial

purposes, as well as the erection of the following

temporary or xed infrastructure:

• Furniture (chairs and tables).

• Outdoor heaters.

• Temporary signage

(A-Frames and pointer boards).

• Outdoor structures

(i.e., pergolas, overhead structures).

• Outdoor displays.

• Planter boxes.

• Umbrellas.

• Power, lighting and speakers.

• Café screens.

• Windproof ashtrays.

• Blinds, weather blind anchors and awnings.

• Parklet infrastructure.

Outdoor Dining and Trading Draft Policy 2024

This Policy distinguishes between the following

classes of applications:

• Temporary advertising signs, including

A-Frames.

• Temporary display of goods including

displaycases and clothing racks.

• Temporary outdoor dining generally within

the Nature Strip and/or Back-of-Kerb Zone

(Footpaths).

• Temporary outdoor dining within a Parking

Space, Road Zone or Laneway (Parklets).

• Temporary and Fixed Café Screens.

• Temporary and Fixed (in ground) Umbrellas.

Under the Tobacco Act 1987, smoking is banned

in outdoor dining areas from 1 August 2017.

ThisPolicy reinforces this legislation.

The following criteria will be applied to

theassessment of applications for outdoor

dining and trading in the footpath and

associated public areas. Each element

ofthis policy contains:

• Objectives: An objective describes

thedesired outcome to be achieved.

• Standards: A standard contains the

requirements to meet the objective.

- A standard should normally be met.

However, if Council is satised that

an application for an alternative

design solution meets the objective,

the alternative design solution may

be considered.

• Decision guidelines:The decision

guidelines set out the matters that

Council will consider before deciding

ifan application meets the objectives.

The easiest and quickest path to approval

for outdoor dining and trading is compliance

with the dened Standards. Alternative

approaches are possible but require assessment

andconsideration.

ELIGIBLE

LOCATIONS

Outdoor dining and trade have

many potential benets for local

retail areas – for both businesses

and residents.

This includes enhancing perceptions and feelings

of safety, increasing the vibrancy, attractiveness

and excitement of retail areas, providing

more entertainment and social interaction

opportunities for residents and encouraging

more visitors and economic activity.

But these benets need to be balanced

against the other community demands and

expectations, including amenity impacts in

residential areas, trafc impacts and access to

parking and the need to ensure the continuing

orderly operation of retail areas.

Objectives

Proposed outdoor dining and trading proposals

should achieve the following objectives through

their location in appropriate areas and sites:

• To enhance the vibrancy, attractiveness,

and excitement of retail areas through

theDarebin.

• To protect the amenity of residential

areas from encroachment from

commercialactivities.

• To enable a direct extension of trade from

anexisting ground oor business into the

public realm adjoining the business.

• To ensure the views of adjoining ground

oorbusinesses are considered in the

assessment of outdoor dining and trade

applications located in front of their premises.

• To provide exibility to consider alternative

uses of the public realm outside of normal

operating hours.

• To protect the function of State Arterial

roads and the operation of the tram and

busnetwork.

• To minimise potential impacts to on-street

parking and to ensure an appropriate balance

of outcomes within each activity centre.

Darebin City Council

Standards

All applications for outdoor dining and/or

trade must meet the following standards,

unless Council is satised that an alternative

design solution/approach can meet the

aboveobjectives:

• Outdoor dining and trade within the public

realm will only be supported for businesses

that are operating on the street level of an

abutting/adjacent premise.

• Applications for

Outdoor Dining on

Footpaths, Parklets and Road Space

will

beconsidered in the following locations:

- All Major and Neighbourhood retail

centres and commercial areas of the

municipality, as dened by commercial

zones and similar zones that enable

arange of commercial activities in the

Darebin Planning Scheme. (Refer to

Attachment 3 for a map of all retail

centres in Darebin).

- Some residential zoned areas adjoining/

adjacent larger commercial areas (subject

to assessment.

• Applications for

Parklets are prohibited

inthefollowing locations:

- Within 10m from an intersection

(measured from the building line).

- Within 20m of a signalised intersection

onthe approach side.

- Within 20m from a tram stop ag (sign)

onthe approach side.

- Within 20m of the departure side of

a signalised intersection, applications

will be considered on a case-by-case

basis. Due to safety reasons and vehicle

access requirements, locations with the

followingelements are not suitable.

- In dedicated car-spaces for delivery/

loading, essential and emergency

vehicleaccess and parking.

- In clearway zones.

- In accessible and car share* parking spaces.

*Carshare spaces may be considered on a case-

by-case basis. Any relocation costs of the car

share space will be at the applicant’s expense.

• To minimise potential impacts to the

availability of on-street parking, an ideal

minimum- maximum number of Parklets

has been calculated for the Reservoir,

Northcote Central and Faireld commercial

areas

. Thefollowing upper limits have been

calculated with reference to:

- The total number of available on-street

and off-street carparks servicing each

centre.

- Public transport connections.

- Footpath widths.

- Safe and protected bike infrastructure.

RETAIL AREA POTENTIAL RANGE

OF PARKLETS

THAT MAY BE

CONSIDERED

IN RETAIL AREAS

Reservoir –

Edwardes Street

4-7

Reservoir –

Broadway

9-12

Northcote

Central

10-12

Faireld

(Commercial

zoned land in

Station Street,

Wingrove Street

and Railway

Place)

9-11

• Despite the above limits, balancing the

need for on-street parking, economic and

social impacts will need to be considered

foreachapplication.

• No maximum limits apply to retail centres

outside above table, but rather decisions

will be made on a centre-by-centre basis,

balancing the need for on-street parking

against the benets arising from outdoor

dining. This will include major retail centres

such as Thornbury Village, Preston Central

and Westgarth as clearways are in place

for these centres, reducing the centre’s

capacityto house Parklets.

Outdoor Dining and Trading Draft Policy 2024

Notication Requirements

• Outdoor dining and trade applications should

be fully contained within the public realm area

that directly aligns with the shopfront of the

business

applying for the permit. For these

applications:

- Notication to adjoining or nearby

property owners/occupiers is required.

Consent from adjoining businesses

will not be sought through this

noticationprocess.

- They will remain subject to a positive

assessment against the criteria within

thispolicy.

• Applications can be made to

occupy unused

footpath space and/or car spaces in front

of immediately neighbouring properties

Forthese applications:

- Council will give written notice to the

owners and occupiers of the adjoining

property of the proposed application.

Thisapplies to neighbouring premises

on street level only, not residents or

businesses located directly or indirectly

above the business in question.

- Notied parties will have a minimum two

(2) week period to make a submission

before a Council decision is made.

- Council will consider any submissions/

concerns received as part of its

assessment of the application for a permit.

- The applicant will pay an additional fee

to cover the cost of notication and

assessment of submissions.

- They will remain subject to a positive

assessment against the criteria within

thispolicy.

An application can be made to

temporarily

occupy a laneway or road for outdoor dining

and/or trade

. For these applications:

• Council will give written notice to the owners

and occupiers of the adjoining property of

the proposed application. This applies to

neighbouring residents or businesses directly

impact by the road closure and will be

determine by ofcers.

• Council will give written notice to Department

of Planning and Transport and any relevant

public transport service providers.

• Notied parties will have a minimum two (2)

week period to make a submission before a

Council decision is made.

• Council will consider any submissions/

concerns received as part of its assessment

of the application for a permit.

• The applicant will pay an additional fee to

cover the cost of notication and assessment

of submissions.

• They will remain subject to a positive

assessment against the criteria within

thispolicy.

Decision Guidelines

In making a decision on an application,

Councilwill consider (as appropriate):

• The orderly planning of the area.

• Local context and amenity.

• Urban design outcome and overall

contribution to the street.

• Trafc and safety impacts, including the

outcomes of a Road Safety Audit if required.

• The adequacy of loading and unloading

facilities and any associated amenity,

trafcow and road safety impacts.

• For applications in

residential zoned areas

adjoining/adjacent larger commercial areas

the protection of residential amenity is of

high importance. In determining whether

to allow outdoor dining and trade, the

followingwill be considered:

- The primary, overall balance of land

use in the immediate area (i.e., does the

area have a mix of uses, or is it primarily

residential?).

- The extent of any negative externalities

and impacts likely to be generated by

theproposed activity.

• For

Parklet applications in all retail centres.

- Views of the Transport unit on the

proposed location to understand its impact

on safety and transport considerations.

- Views of the Councils Drainage Engineer

for proposals in areas subject to ooding.

- Locations where major streetscape works

are scheduled.

- View of Department of Transport

andYarra Trams where appropriate.

Darebin City Council

• In determining how many Parklets will be

allowed in all centres consideration will be

given to the following:

- The total number of available on-street and

off-street carparks servicing each centre.

- Public transport connections.

- Footpath widths.

- Safe and protected bike infrastructure.

- Whether the number of existing Parklets

has caused negative impacts on the

operation of the local retail centre.

- The turnover of carparking in the centre,

(occupancy rates).

- Business mix of the local centre (consider the

percentage of hospitality vs non-hospitality).

- Ability to share Parklets between

businesses (e.g. day and night businesses).

• For applications to

occupy unused

footpath space and/or car spaces in front

of immediately neighbouring properties

the following matters will be considered

(inaddition to rest of this policy):

- The views of the adjoining parties as

expressed in any submission received.

- The nature and operating requirements

ofthe neighbouring business/property.

- The extent of the encroachment

into the public realm in-front of the

adjacentproperty.

- The proposed operating hours of the

proposed outdoor dining and/or trade,

as compared to operating hours of the

neighbouring business/property.

- Any potential impact on trade or operation

of the adjoining business/property.

- Any other matters deemed relevant

byCouncil.

• For Applications which seek to temporarily

occupy a laneway or

road the following

matters will be considered (in addition to

restof this policy):

- Impact of the proposal of the local

movement network.

- The ndings of a Trafc Management

Planand Trafc Study to be submitted

bythe applicant.

- View of Department of Planning and

Transport and any public transport

provider. The views of the adjoining parties

as expressed in any submission received.

Outdoor Dining and Trading Draft Policy 2024

PERMITTED

USES, FEES

ANDRENEWAL

Outdoor dining and trade are the

temporary uses of public space

and are not intended to privatise

the public realm. It enables

businesses and community

groups who wish to use publicly

owned footpaths, nature strips,

road reserve, on-street parking

and roadspace to do so for

commercial or public benet.

Anyproposal which fully encloses

outdoor dining or creates visual

and physical privatisation of the

public realm will generally not

besupported.

Operators and customers can make use of these

public spaces but do not have exclusive rights

over the occupancy of the area. Outdoor dining

is supplementary to the business’ internal trade

and seating. Businesses should not be reliant

on outdoor dining. Additional infrastructure to

support outdoor dining should be temporary, so

that the area can be reinstated as public space

in both appearance and function.

Permits are issued with the intent of balancing

the needs of all users of the public realm in

retail areas. While outdoor dining and trade

has broader benets to the general public,

they also generate nancial benets for private

individuals. To this end, fees for permits and

renewal seek to cover the cost of administration

of this policy and realise a reasonable return

to the citizens of Darebin through the use of

publicland.

Objectives

The assessment of applications for permits

foroutdoor dining and/or trade should achieve

the following objectives:

• To enable the temporary occupation of

publicly owned land for private commercial

activities and community uses via a local

lawspermit.

• To distinguish between initial ‘establishment’

permits, and renewal permits.

• To provide longer term certainty for some

forms of outdoor dining and trade in

recognition of the increased investment

associated with their establishment.

• To recoup the costs of implementing this

policy to minimise the nancial impact on

Darebin ratepayers.

• To ensure that some of the nancial benets

accruing to private businesses from the

commercial occupation of public land is

returned to the Darebin community.

• To apply a fee structure based on a xed

percentage of commercial rents for different

commercial areas.

• To provide a differential fee structure to

encourage the proliferation of outdoor dining

in lower order activity and retail centres.

Standards

All applications for outdoor dining and/or trade

must meet the following standards, unless

Council is satised that an alternative design

solution/approach can meet the objectives of

this policy:

• The following types of permits are available

for the following durations:

- Annual permits, issued for up to

12months.

• Permits for Parklets may be issued for:

- Seasonal permits, issued for up to 6

months (between 1 November – 30 April)

- A period up to 2 years.

• Applications for permits must be

accompanied by the following applicable

prescribed fees:

- A at annual fee for the erection

ofsignage (A-frames and similar)

- A at annual fee for the display of a goods

calculated by reference to the method and

area of display.

Darebin City Council

- A at fee for the assessment of new

applications for outdoor dining and

Parklets.

- An annual fee for outdoor dining.

- The rst-year value of a two-year permit

for a parklet, with a subsequent payment

for the remaining value 12 months later.

- An upfront transfer of ownership fee.

- Notication of Application to adjoining

properties.

• The calculation and updating of fees will

be undertaken annually as part of Council’s

budget process.

Fees and Charges

Fees and Charges will be determined by Council

at the start of each nancial year in accordance

with the published Fees and Charges schedule.

Fees will be calculated as follows:

•

Outdoor dining on footpaths will be

calculated on a square metre rate at

the following percentages for different

businessprecincts:

- a rate of 30 % of the annual average

retailrents for the centre.

•

Outdoor dining on nature strips and in

road spaces (Parklets)

will be calculated

on a square metre rate at the following

percentages for different business precincts:

- a rate of 50% of the annual average

retailrents in Primary areas.

- a rate of 40% of the annual average

retailrents in Secondary area.

- a rate of 20% of the annual average retail

rents in Revitalisation areas (or a standard

applicable rate as calculated by Council).

• Remove fees and charges for individual

items proposed in the outdoor trading area.

Thisdoes not apply for businesses who wish

to only display an ‘A-Frame’ sign or Display

Racks/Cases.

• Additional fees for xed structures will be

calculated as follows:

- A per linear metre for xed café screens,

plus an upfront footpath reinstatement

fee.

- A per item fee for inground umbrellas, plus

an upfront footpath reinstatement fee.

Footpath reinstatement fees will be determined

at the start of each nancial year as part of

Councils annual Fees and Charges, and will

becharged at the following rate:

• Fixed café screens will be charged at 25%

the ‘Footpath Replacement ‘rate, plus an

inspection fee charge.

• In-ground umbrellas will be charged at 100%

of the ‘Footpath Replacement rate’ rate, plus

an inspection fee charge.

• Applicable permit fees are paid annually by

the permit holder and are non-refundable.

• Permits may be renewed the following

periods, following which a new application

and assessment will need to be made

(andsubject to an assessment fee):

- Signage permits; display racks/cases,

and outdoor dining permits (excluding

Parklets): initial permit + 2 renewals

(foratotal of 3 years). (TBC)

- Parklets: initial permit + 1 renewal

(foratotal of 4 years). (TBC)

• Permit renewals may not be granted if:

- Non -payment of fees.

- Businesses breaches conditions of permit.

- For parklet applications, Council

streetscape works are scheduled in area.

- For parklets applications, there is a waiting

list of parklet requests in your precinct.

- There have been recorded incidents

of non-compliance or enforcement

actiontaken.

• Permit holders will be notied at the end of

the permit period on how to renew each year.

• Permit renewal requests will require a site

inspection and rectication of any permit

non-compliances.

• Permit renewal notices will be issued to

permit holders before end of July each year.

• Permit renewals will only be issued upon

receipt of all required information, including

current Public Liability Insurance and any

applicable fees.

• If a permit is not renewed before expiry,

anew application will be required.

• Permit fees are not refundable should

the business no longer wishes to proceed

withapplication.

• Permit holders can apply to amend the

outdoor dining and footpath trading permit

at any time. An amendment fee is payable

forofcer assessment and liaison.

Outdoor Dining and Trading Draft Policy 2024

Permit transfer

• A permit applies only to the premises for

which it is issued and is not transferable

from one premises to another on the

sale or transfer of ownership. There is no

legal attachment to the sale or transfer

ofownership of a business.

• To ensure a permit remains valid, the new

proprietor must apply to transfer the

ownership of the existing permit within

28days and ensure that the current permit

complies with the Outdoor Dining and

Footpath Trading Guidelines.

• Council reserves the right to reassess

and amend permit conditions to ensure

compliance with the Outdoor Dining and

Footpath Trading Guidelines.

• It is the responsibility of the existing

proprietor to include the balance of

any remaining permit fees in the sale of

thebusiness.

• An upfront transfer of ownership fee is

required for ofcer assessment and liaison.

Decision Guidelines

In making a decision on an application,

Councilwill consider (as appropriate):

• Providing a 50% discount on parklet fees

for the rst year, in any retail area where

aparklet has yet to be established.

• Providing discounts in fees in locations

affected by major works (ie Rail or Tram

upgrades) in the immediate area to

assistthrough a period of interrupted

trade.Discounts would be applied on

acase-by-case basis.

• For the purposes of the calculation of fees,

the following retail areas are categorised

asfollows:

PRIMARY SECONDARY REVITALISATION

• Faireld

Village

• Northcote

Central

• Preston

Central

• Reservoir:

Edwardes

Street

• Reservoir:

Broadway

• South

Preston

• Thornbury

Village

• Westgarth

Village

All other

retail

centres

To be

determined by

Council at the

start of each

nancial year

Refer to Attachment 3 for a map of all retail

centres in Darebin.

Darebin City Council

DESIGN,

OPERATION,

MAINTENANCE,

AND COMPLIANCE

Darebin’s streets and retail areas

are high quality public spaces,

providing opportunities for rest

and shade and are layered with

playful and quirky streetscape

furniture and public art reecting

of the local place and community

supporting them.

Outdoor dining is intended to be outdoors and

should look and feel as such. Environmental and

weather conditions should be accommodated

without the addition of infrastructure that

encloses the space. Outdoor dining and trade has

the potential to create risks to the public through

trips and falls. These need to be managed by

applicants through the careful siting of displays

and furniture, through considered design of any

structures (such as parklet platforms), signage

and regular maintenance, and inspection. Despite

these measures, accidents can continue to

happen and for this reason it is mandatory that

activities in the public realm are insured.

Objectives

The following objectives should be achieved for

proposed outdoor dining and trading proposals:

• To have safety and accessible at the core

ofall design proposals.

• To minimise street clutter and an

unattractivespaces.

• To require structures and spaces to be

designed in a high quality and ‘playful’

waythat reects local place and identity.

• To clearly establish a range of safety and

compliance expectations for proponents.

• To require applicants to hold public

liabilityinsurance.

• To provide a standard ‘off-the-shelf’ set of

engineering designs for Parklets structures.

• To ensure sustainability measures are

considered in the design of all outdoor

diningand footpath trading proposals.

Standards

All applications for outdoor dining and/or trade

must meet the following standards, unless Council

is satised that an alternative design solution/

approach can meet the above objectives:

• Outdoor dining and trade applications cannot

not operate before 7am and after 10pm,

in accordance with the EPA regulations.

Allfurniture should be removed and stored

by the permit holder within their premises

during these hours.

• Business operators must ensure all relevant

legislation, permits, licences, leases, local laws

are always complied with, including obtaining

planning and building permits where necessary.

• All approved permit holders must have Public

Liability Insurance to the minimum amount

required by Council and indemnify the Darebin

City Council from any claim or demand arising

from, or in relation to any act, omission,

damage, loss, charge, liability, outgoing,

payment, expense or cost. The permit holder

is responsible for managing risks associated

with the activity at its permitted location/site.

• Permit holders must operate with caution

orcancel activities due to:

- Extreme weather.

- Safety concerns.

- Identied risks.

- Unsafe practices.

• Permit holders are required to adhere to the

conditions outlined in the approved permit.

If there is a failure to comply with these

conditions, the Council reserves the right to

undertake necessary actions without prior

notice, with the associated expenses being

borne by the permit holder.

• Permit holders will be responsible for addressing

any identied potential risks, hazards, or

incidents related to the asset or infrastructure

put in place under the approved permit.

• The permit holder should ensure that the

installed asset/infrastructure is maintained to

the satisfaction of the Council. Defects/risks

associated with installed asset/infrastructure will

be reported to the permit holder with a request

to rectify the defect/risk. The Council retains

the authority to take appropriate measures

tomitigate the identied risks if required.

• Building approval (where appropriate) and

Engineering certication for the parklet

structure and xed café screens are provided.

Outdoor Dining and Trading Draft Policy 2024

Permit Compliance

• All permit holders must comply with Council’s

Local Law and the Outdoor Dining and

Parklet Guidelines.

• Council must investigate any complaints

received. These are investigated by the

Local Laws unit and any identied matters

addressed with the permit holder.

• Council reserves the right to amend or cancel

a Business Parklet permit in accordance with

the Local Law.

• Once a permit has expired or cancelled, all

third-party assets must be removed within

seven days by the permit holder.

• If Council proposes to amend or cancel a

permit the permit holder would have an

opportunity to make a submission to the

Permit Appeals Process on whether the

amendment/cancellation should occur.

• Local Laws authorised ofcers may issue:

- A written or verbal warning on behalf of

Council to a business or Business Parklet

permit holder who is breaching permit

conditions or operating without a permit.

- A Notice to Comply if the warning has

been ignored.

- A Penalty Infringement notice.

• A Penalty Infringement Notice will result in

the cancellation of the permit and restrict

eligibility to obtain another permit for a

minimum of twelve (12) months from the

datethe permit is cancelled.

Permit Appeals Process

• A permit applicant seeking a review of an

ofcer decision must provide a submission

within 28 days of the date a decision,

including all information to be taken into

consideration. Submissions must be emailed

to business@darebin.vic.gov.au

• A decision review will be considered by the

Outdoor Dining Permit Panel, consisting of

three senior Council ofcers, using this Policy

and the Design Guidelines and any other

matter deemed relevant.

• The permit applicant will be notied of the

outcome of the decision review within a

14day period.

Decision Guidelines

In making a decision on an application,

Councilwill consider (as appropriate):

• The degree to which any furniture or

structures negatively impacts programmed

maintenance and street cleansing.

• Whether the proposed parklet utilises the

standard engineering design endorsed by

theDarebin City Council.

• The degree to which the proposed outdoor

dining structure (parklet) complies with the

Darebin Parklet Guidelines.

• For applications where Local Law ofcer

have issue warnings, consideration will be

given to:

- Conditions of the permit.

- Local Law 1, this Policy and Design

Guidelines.

- Safety, accessibility, and obstruction

of the Pedestrian Zone.

• For applications being reviewed in the

‘Permit Appeals Process’ , application of this

Policy, Design guidelines and other relevant

information provided by the applicant will

beconsidered.

Darebin City Council

ENCROACHMENT

INTO THE

PEDESTRIAN

ZONE

The primary purpose of the

pedestrian zone is to provide an

unobstructed pedestrian footpath

corridor not less than 1.8 metres in

width and measured between the

property line and nearest object

such as table or chairs within the

trading zone. It is to ensure that

a continuous and accessible path

of travel, no furniture, signage or

displays of goods are permitted

within the pedestrian zone at

anytime.

This requires consideration of Disability

Discrimination Act (DDA) requirements to

ensure people of all abilities enjoy equal access

to Darebin’s retail areas.

In general, the Pedestrian Zone extends a

minimum of 1.8m from the property boundary

to the potential Trading Zone. Council will

consider a reduction of the footpath width

to 1.5m where a narrow footpaths exist

(as identied in Appendix 3) following a

case-by-case assessment.

Objectives

The following objectives should be achieved for

proposed outdoor dining and trading proposals

within the pedestrian zone:

• To balance the use of footpath space.

• To create a safe environment for all users.

• To minimises street clutter.

Standards

• For streets greater than 3.5m in width,

aminimum width of 1.8m is achieved for

thepedestrian zone.

• For streets narrower than 3.5m in width,

aminimum 1.5m is achieved for the

pedestrian zone.

Decision Guidelines

• DDA access requirements are met.

• Clearances from existing streetscape

infrastructure is met.

• Continuous and accessible path of travel is

maintained in the pedestrian zone at all times.

Outdoor Dining and Trading Draft Policy 2024

OUTDOOR

DINING/TRADING

WITHIN THE

NATURE STRIP /

BACK-OF-KERB

ZONE (FOOTPATH)

The primary purpose of the

Footpath and Nature Strips

are toprovide clear pedestrian

accessand house public

amenitiesand infrastructure

including street furniture, street

trees, landscaping, infrastructure

andpublicamenities.

The Kerb Zone is the area between the face of

the kerb and the Trading Zone. It is in place to

provide clearance for parked vehicles allowing

passengers to alight without obstruction.

The Trading Zone on the footpath includes

the remaining area of the footpath between

the Pedestrian Zone and the Kerb Zone. It is

the only section of the footpath which may be

used for commercial activity in accordance

withapermit.

Objectives

The following objectives should be achieved

forproposed outdoor dining in Nature Strip

andFootpath spaces:

• To support outdoor dining and trade in

Darebin’s retail centres.

• To provide safe and accessible streets.

• To provide accessible outdoor dining

spacesin footpath and natures tips.

• To provide high quality design that positively

contributes to the local character.

• To help activate streets and the perception

ofsafety.

• To ensure that public amenities such as

bins and seats are provided within the retail

centres, servicing the broader community.

Standards

• For ALL outdoor dining and trade

applications on existing footpaths

andnature strips.

- All Clearances from streetscape

infrastructure are satised as outlined

insection 14.

- Existing street trees are to be retained

andprotected.

- Clear and accessible pedestrian paths

oftravel are retained to a width of 1.8m

• For

outdoor dining and trade applications

which seek to expand into nature strips,

- DDA compliant surface is proposed for

thesubject area, whilst still meeting

Council ESD principles.

- Applications which seek to convert nature

strip to outdoor dining space, replaces the

‘access zone’ with a 500mm landscape/

vegetated buffer to the road and/or plant

a new street tree. This is a mandatory

requirement for large corner sites, with

nooverhead restrictions.

- All existing street trees are protected

witha 1m offset in place from all

proposedfurniture.

- Road Safety Audit is undertaken for

applications to repurpose nature strips

foroutdoor dining.

- Applications which seek to remove nature

strip are located in locations where future

streetscape improvements are planned

areencouraged.

- Clear and accessible pedestrian paths

oftravel are retained to a width of 1.8m

onthe adjacent footpath

- Accessible paths of travel are provided

within the proposed space.

Darebin City Council

Decision Guidelines

• Application for outdoor dining and trade

applications on existing footpaths

- DDA access requirements are met.

- Clearances from existing streetscape

infrastructure is met.

- Continuous and accessible path of travel

is maintained in the pedestrian zone at

alltimes.

- The proposal is a high-quality design,

responding to local place.

• Applications to

expand commercial activity

into nature strips

will be considered on a

case-by-case basis due to the complexity

ofcity streets, speed limits, trafc

conditions, accessibility and associated

safetyconsiderations.

• Consideration will be given to any adopted

streetscape masterplans or improvement

plans for the retail area, or proposed street

tree planting (aligning with the Darebin

Urban Forest Strategy) where applications to

expand commercial activity into nature strips.

• Works may be required to be undertaken

atthe expense of the businesses to ensure a

safe and accessible Trading Zone is achieved

(ie providing a DDA compliant surface).

Council expects the remediation of the site

back to its original condition if outdoor

trading is discontinued (unless a nominated

project in a Master plan).

• If Council works are scheduled in the area.

• The views of Council’s Parks and Tree

Plantingunit.

• Results of a Dial Before You Dig submitted

bythe applicant.

OUTDOOR DINING/

TRADING WITHIN

ON-STREET

PARKING,

LANEWAY AND

ROADS (PARKLETS)

The Trading Zone may occupy

the on-street parking in-front of

a business, laneway and roads

and is commonly referred to as

‘Parklets’. Council will support

applications for Parklets where

itis safe to doso.

Objectives

The following objectives should be achieved for

proposed outdoor dining in Parking Space and

Road Space:

• To support repurposing of on-street parking

for outdoor dining in activity centres

acrossDarebin.

• To provide accessible outdoor dining spaces

in Parklets.

• To increase ‘greening’ of retail centres.

• To provide high quality design that positively

contributes to the local character.

• To help activate streets and the perception

ofsafety.

• To test public appetite for permanent

streetscape improvements.

Outdoor Dining and Trading Draft Policy 2024

Standards

• For applications with Darebin’s Major

ActivityCentre, the parklet quotas are met.

• The Outdoor Dining and Trade Design

Guidelines – which focus on section 2 in

relation to Parklets.

• For applications on key Tram Corridors,

compliance with the Yarra Trams Parklet

Guidelines.

• For application on State Arterial Road,

compliance with Department of Transport

and Planning (DTP) Parklet guidelines.

Decision Guidelines

• Applications must consider the safety of

allpublic realm users and how they will use,

perceive, interact with and be impacted

by Parklet. This includes the arrangement,

design and location of street and business

furniture, structural integrity of proposed

furniture. services and equipment,

opportunities for passive surveillance,

accessand conicts between pedestrians,

cyclists and vehicles.

• The recommendations of a Road Safety

Auditsubmitted by the applicant.

• Advice from Council’s drainage Engineer

should the parklet be in an area subject

toooding.

• Advice from DTP or Yarra Trams, should the

parklet be located on a State arterial road

ortram corridor.

• Consideration will be given to any adopted

streetscape masterplans or improvement

plans for the retail area, or proposed street

tree planting (aligning with the Darebin

Urban Forest Strategy) where applications

to expand commercial activity into laneways

and local roads.

CLEARANCE

ANDACCESS –

ALL ZONES

Darebin Council is committed to

providing street furniture that is

accessible, safe and comfortable.

The provision of public seating gives people the

opportunity to rest and take time out. Public

seating also provides a place for people to

pause along busy walking routes and creates

informal meeting places.

Well maintained public places improve

the perception of how safe a place is and

support the public’s desire to occupy and use

thoseplaces.

Footpath trading must not compromise the

ability for the general public to access street

furniture or public infrastructure.

Objectives

The following objectives should be achieved for

proposed outdoor dining and trading proposals

in all four trading zones:

• To facilitate pedestrian access to the kerb

and road from the footpath and entries to

shops/ businesses.

• To ensure access to street furniture and

to ensure it can continue to be used and

maintained.

• To minimise street clutter.

• To create a safe environment for all users

andavoid the creation of trip hazards.

• To provide dignied access for all members

of the community to public areas in

retailcentres.

• To balance the benets of outdoor dining

and trading against the needs of different

communities for safe, dignied access to

commercial areas and civic infrastructure.

Darebin City Council

Standards

The following setbacks from public infrastructure should be achieved.

ELEMENT SETBACK REQUIREMENT

Setback of footpath trading items from public

infrastructure including:

• Bins.

• Public seating.

• Bike hoops.

• Fire hydrants.

• Payphones.

• Waynding signage / centre signage.

• Bus stop shelters.*

• Post box.

1,000mm

Setback from the public infrastructure:

• Service pits (underground infrastructure).

• Street trees and tree pit edge.

• Planters installed by Council.

• Electricity boxes.

• Electricity poles (500mm).

• Street light poles.

• Trafc signage poles (electronic signs)

– doesn’t not apply to static signs

(notincluding council carparking).

1,000mm

Setback from Disability Parking Bay 1,600mm

Setback of Trading Zone from Bus Stops Prohibited in the area from the bus ag to 9metres

on the approach to the bus ag/totem

Setback of Trading Zone from Tram Stops

Prohibited in the area from the tram ag to 20 metres

onthe approach to the tram ag/totem*

Setback of Trading Zone from Loading Zones 0.6m*

No permanent or temporary café screenspermitted

Setback of Trading Zone from Taxi Ranks Prohibited in the area from the taxi totem/ag to

6metres on the approach to the taxi totem/ag*

Required Clearances for properties adjacent

tointersections and crossovers (may affect

2-3properties near an intersection)

To be assessed by Council’s Transport

ManagementOfcer

Public Transport Super stops and kerb outstands To be assessed by Council’s Transport Management

andPlanning ofcers

Setback of Trading Zone from adjoining property

boundary (referred to as ‘Access Section)

450mm

Setback of Trading Zone from Roadway (where

trading zone is located in the road space)

450mm

Outdoor Dining and Trading Draft Policy 2024

• Outdoor dining and footpath trading

applications on footpaths exceed 10m

in length, clearance breaks of 1500mm

arerequired.

• The following clearances between dining/

trading areas is required to prevent a

continuous line of outdoor cafés:

- Fixed furniture clearances – Glass

screens are considered xed furniture.

A900mm clearance is required between

neighbouring outdoor café boundaries,

where furniture such as screens are xed

in place. A minimum of 450mm clearance

is required from the boundary of each

outdoor café giving atotal of 900mm.

- Non-xed furniture clearances –

A500mm clearance is required between

neighbouring outdoor cafés, where

furniture such as screens are not xed in

place. A minimum of 250mm clearance

is required from the boundary of each

outdoor café giving a total of 500mm.

• Businesses may apply to have Council

infrastructure (seats, bins and bike hoops

only) removed, relocated, or modied

to assist applications in meeting the

requirements of this Policy.

Decision Guidelines

In making a decision on an application,

Councilwill consider (as appropriate):

• Safe access is retained within the

pedestrianzone.

• Contribution to visual clutter on the street.

• The degree to which proposed activities

posea trip hazard or impede the safe ow

and movement of pedestrian trafc.

• The removal, relocation or modication

ofCouncil infrastructure (seats, bins and

bikehoops only) will be considered on a

case-by-case basis subject to the applicant:

- Identifying opportunities to provide

an appropriate alternative location/s

for existing street furniture to maintain

streetscape amenity and align

with the benchmarks in Council’s

StreetscapePolicy.

- The degree to which the removal,

relocation or modication results in an

equal, if not a better outcome for the

community.

- Any removal, relocation or modication

ofCouncil infrastructure will be at the

costof the applicant.

- Should a new location be found,

approval in writing from the landowner

and business owner must form part of

theapplication.

- Where the infrastructure does not belong

to Council, the business owner should

contact the relevant infrastructure

manager / Service Authority to discuss

their application.

Darebin City Council

ATTACHMENT 1:

OTHER RELEVANT LEGISLATION

In granting an Outdoor Dining and Footpath Trading Permit,

Councilwillalso adhere to the following legislation:

Commonwealth Disability

DiscriminationAct 1992

All outdoor dining arrangements must be accessible

and DDA compliant.

Liquor Control Reform Act 1998 If alcohol is to be consumed within a tenancy

including within a Footpath Area.

Tobacco Act 1987 All outdoor dining areas which serve food are

tobesmoke free.

Planning and Environment Act 1987 If alcohol is to be consumed within a tenancy

including within a Footpath Area or if buildings

orworks to the retail premises are proposed.

Council’s local laws

Food Act 1984 Permits for Outdoor Dining are available to a

registered food and drink business with a compliant

working kitchen or food preparation area under

theFood Act 1984.

Building Act Building permits for awing extensions.

Road Management Act 2004

Local Government Act 2020

This legislation denes public road status and is

relevant to the general rights of the public for use

and access, which is on a non-exclusive basis; any

permissions to individuals for use must be subject

topublic rights.

Health and Wellbeing Plan 2017-2021

Outdoor Dining and Trading Draft Policy 2024

ATTACHMENT 2:

OTHER RELEVANT COUNCIL POLICIES

The following City of Darebin documents are relevant to this Policy:

• Darebin Local Law 1

• Transport Strategy 2017-2027

• Walking Strategy 2018-2028

• Draft Parking Permit Policy

• Breathing Space – Darebin’s Open Space Strategy

• Towards Equality: Equity, Inclusion and Human Rights Framework 2019-2029

• Access and Inclusion Plan 2021-2026

• Road Management Act 2004 

• Darebin Economic Land Use Strategy

Darebin City Council

ATTACHMENT 3:

DAREBIN RETAIL CENTRES

Note: Primary centres include centres classied as Principal, Major or Primary

Neighbourhood Retail Centres in Darebin’s Economic Land Uses Strategy 2014.

Outdoor Dining and Trading Draft Policy 2024

Primary Centres

Secondary Centres

Reservoir

Preston

Central

South

Preston

Thornbury

Northcote

Central

Westgarth

Fairﬁeld

ATTACHMENT 3 (CONTINUED):

DAREBIN RETAIL CENTRES

PRIMARY CENTRES SECONDARY CENTRES

Preston Central Plenty Road/Tyler Street

Northcote Central Gertz Ave

Reservoir – Edwardes Street Hughes Parade/McFadzean Ave

Reservoir – Broadway Massey Ave

Westgarth Village Gellibrand Crescent

Thornbury Village Banff St/Invermay Street

South Preston Broadhurst Ave/McFadzean Ave

Faireld Village Strathmerton St/Orrong Ave

Boldrewood Parade/McMahon Road

Link Street/Dunne Street

Boldrewood Parade/Yarra Avenue

Elizabeth Street/McNamara Street

Carson Street

Spring Street

Crevelli Street

Albert Street/Eneld Avenue

Bell Street/Gilbert Road

St Georges Road/Normanby Avenue

Victoria Road/Gooch Street

Darebin Road/Victoria Road

Station Street/Darebin Road

Victoria Road/Clifton Street

Victoria Road/South Crescent

Johnson Street

Gilbert/Miller

Regent Village

Rossmoyne Village

St Georges Road

Regent

Alphington Village

Darebin City Council

ATTACHMENT 4:

DEFINITIONS

COUNCIL CITY OF DAREBIN

Parklet Re-purposed on-street parking spaces designed to

extendpublic space to provide an additional place for

outdoor dining, congregation, accessible public seating,

street greening and additional pedestrian space.

Footpath Includes a footpath, mall, square, court or other public

placespecied to be a footpath in a subordinate local law.

Footpath Trading The use of footpath for commercial activities.

Footpath Width The distance from the face of the kerb to the outside edge

ofthe property line.

Kerbside Zone The area between the kerb and the outer edge of the

tradingzone.

Pedestrian Zone The area between the property line and the inner edge

ofthe Trading Zone.

Outdoor Dining Outdoor dining provided on Council owned or managed land.

On-street Parking Zone Designated parking bays located on public road reserve

thatmay be occupied by a vehicle for a specied period.

Permit in relation to a use or activity, means a written permit issued

under this Local Law which authorises that use or activity.

Outdoor Dining and Trading Draft Policy 2024

CITY OF DAREBIN National Relay Service

relayservice.gov.au

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T 8470 8470

274 Gower Street, Preston

PO Box 91, Preston, Vic 3072

T 8470 8888 F 8470 8877

E mailbox@darebin.vic.gov.au

darebin.vic.gov.au

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