Road Area Reallocated To Outdoor Dining

To help businesses recover from the impacts of Covid-19, we’re working hard to provide venues with expanded opportunities for trade including the temporary use of on-street car parking spaces for outdoor dining.

Council is seeking expressions of interest from suitable businesses who wish to reallocate appropriate road space for outdoor dining within the period January 2022 to May 2022. Applications are now open and close on 14 January 2022. 


  • Cafés, restaurants, bars and cultural venues that serve food and drinks for consumption at the premises.
  • Businesses located in the Burwood Local Government Area
  • All venues must have development consent to operate as a food premises
  • Applicants must have an existing footpath dining approval and a registered COIVD Safety Plan
  • The applicant must have appropriate kerb side road space next to or adjoining their business which would not interfere with the movement of traffic


Unsuitable road space:

Locations which will be considered must meet all of the below requirements:

  • Road must not have a speed limits of more than 50km/hr
  • There is no existing permanent fence fixed between the road and footpath
  • Kerb ramps are not located in the proposed closure area
  • Adjacent to dedicated bike lanes
  • Closure of the kerbside parking lane will impact access to services or pits

On-street dining will not be permitted in locations which have the below parking restrictions:

  • Bus Zone
  • Clearways
  • Parking for Police, Fire, Ambulance, or Car Share
  • Mail Zone
  • No Stopping zones
  • No Parking zones
  • Accessible parking
  • Taxi Zone
  • Loading Zone

Potentially suitable road space:

  • Timed parking, including ticket parking areas
  • Permit exempt parking areas
  • Drop off/pick up 15-minute parking


All applications are considered on a case-by-case basis due to the complexity of our streets, and the specific context of your location, the parking restrictions and the neighbouring businesses and road environment. 




Responsibility of Council

If your application is successful, we’ll provide the necessary safety barriers for your site. These will be installed and removed for free. The concrete barriers will also be covered in a bespoke artwork provided by Council free of charge. Council will also assist businesses with the completion of a traffic management plan for the expanded site area. If your application is successful, you will also need to amend your existing outdoor dining permit, this is to meet legal requirements, a Council officer can support you with this.

Responsibility of the Operator

Public Liability Insurance

Operators will be required to obtain and maintain a public liability insurance policy with an insurer acceptable to the Council, to cover any legal liability of property damage and personal injury to the public.

Management Requirements

  • Operators are required to supply all additional furniture required to activate the road area for outdoor dining. Furniture must be approved by Council and must be in-keeping with requirements stipulated in Council’s Footpath Activation Policy.
  • An outdoor seating area on reallocated road space is to operate in accordance with the conditions of the venues existing outdoor dining approval unless otherwise approved by Council.
  • Outdoor dining, including furniture, must be located within the approved outdoor dining area.
    • All patrons are to vacate the approved seating area and all furniture and structures are to be removed from the seating area and stored within the premises before the closing time specified in the approval. 

    Maintenance and Cleanliness

  • The outdoor dining area, furniture and other items associated with the outdoor dining are to be:

  • Kept clean and maintained in good order suitable for their purpose
  • Not be permanently fixed
  • Removed and stored away from public areas when the seating area is not in use.

Waste and litter is to be well managed by:

  • Removing waste promptly from the outdoor seating area
  • Disposing of any waste properly (public litter bins are not to be used for the disposal of waste from outdoor seating areas)

On expiry of the license, Council shall arrange for the removal of all barricades. The licensee shall, at their own expense, remove all materials including furniture and ensure the area is returned to its original condition. Where there is evidence of damage, contact shall be made with Council to make arrangement for a mutual inspection in the first instance.



  • The use of road space for outdoor dining will be approved in line with the businesses current approval and hours of operation.
  • All applications will be considered on a case-by-case basis due to the complexity of streets, and the specific context of your location, the parking restrictions and the neighbouring businesses and road environment.
  • The area must be protected by vehicle-proof barriers appropriate to the speed of traffic.
  • Use of the road area for outdoor dining may be considered across the frontage of adjacent, vacant retail tenancies. However, approvals may be amended by Council if that vacant tenancy becomes occupied by a food and drink premises.
  • The outdoor dining area on the reallocated road area may extend beyond the alignment of the business tenancy provided it is continuous, it is not in front of another food or drink premise and the space is equally shared with any other premise that adjoins.
  • A 0.5 metre clearance must be left from the base of the concrete barrier to all furniture and equipment for reallocated road space.

Applications submitted by licensed premises requesting to serve alcohol in the outdoor eating area must be lodged and approved by the Liquor & Gaming NSW prior to the consideration for approval of the outdoor eating area. Alcohol consumption in the outdoor eating areas will not be permitted if the outdoor eating area has been classified as an Alcohol Free Zone.

Council’s decision to issue a temporary approval for reallocated road space for outdoor dining will be based on the following five guiding principles to ensure fairness, safety and consistency.

Businesses must meet these principles for the duration of the approval.

Appropriate location

  • Is the venue within the Burwood Local Government Area and does it have development consent to serve food for eating at the premises
  • The location should contribute positively to an area’s retail environment, sense of place and character, and must take into account COVID-19 safety considerations.
  • Consider pedestrian and vehicular flow, the convenience and safety of the public and patrons, neighbouring properties, other uses of the public domain and existing street fixtures.

    Engaging and high quality
  • Council supports original and creative outdoor dining that encourages community patronage, is innovate or distinct, and adds to the life of the place.
  • Outdoor dining furniture should be appropriate for the size of the area and of light-weight, weather-resistant design.

    Safety and accessibility

  • Can the venue accommodate patron safety and physical distancing?
  • Does the business have a Covid safe plan?
  • Will the extension to a venue’s trading parameters still allow adequate access for pedestrians, residents and essential vehicles?
  • Approval holders should ensure that appropriate measures are in place to minimise risk.
  • Outdoor dining should be integrated into the public domain in a way that does not compromise existing uses, furniture, buildings, entrances, exits, disabled access and pedestrian safety.


    Public amenity

  • Council seeks to ensure that outdoor dining in the public domain remains attractive and clean. All furniture including umbrellas must be well maintained by the approval holder.
  • Outdoor dining should add to, rather than disrupt the community’s engagement with the public domain.


    Management and operations

  • Any proposed dining area expansion should consider operational matters such as but not limited to safety, traffic, noise, waste and access. Approval Holders must comply with all relevant State Acts, Regulations, Codes and applicable laws