Background

Footpath seating refers to tables, chairs, benches, and the like, generally located on the footpath adjacent to an approved food and drink premises, to be used for the consumption of food and/or drink by patrons of the premises.

Footpath seating can make a significant contribution to the quality of public spaces by providing active street frontages. However, footpath seating might not be appropriate in all locations due to safety and amenity issues.

At its meeting on 26 November 2024, Council resolved to review the requirements for outdoor dining, so that the controls currently provided in Part D (Commercial Development) of the Waverley Development Control Plan (DCP) be extracted into a new Outdoor Dining Policy and Guidelines to improve accessibility and interpretation of Council’s requirements.

The new Footpath Seating Policy and Guidelines is designed to be clearer, more accessible, and better suited to the needs of our local business community.

The draft Policy is also consistent with reforms introduced by the NSW Government between 2020 and 2024, which made it easier for food and beverage premises to trade outdoors, removing the need to obtain DA approval in most circumstances.

Key changes summary

The draft Footpath Seating Policy & Guidelines reflects the provisions of Part D2 of the existing Waverley DCP, with the following key amendments proposed:

  • Removing the requirement for adherence to a seating plan, in favour of only prescribing the area available for seating.
  • Removing requirement for strict compliance with the National Construction Code for sanitary facilities for the purpose of calculating the number of outdoor dining seats/patrons.
  • Reducing the minimum kerb setback from 1.5m to 1m where footpath seating is located adjacent to the roadway, increasing the space available for footpath seating whilst ensuring adequate access to parked cars.
  • Adopting a 1.5m setback from building corners, as opposed to the current ‘45-degree splayed setback’, to simplify interpretation.
  • Simplifying the hours of operation for footpath seating, including expanding the maximum hours in Local and Commercial Centres (E1 and E2) as well as Mixed Use (MU1) zones from 7 am-9 pm to 6 am-10.00 pm
  • Detailed guidance on the application process to assist business operators.
  • Updated graphics and diagrams to reflect public domain improvements and interpretation.

The Draft Footpath Seating Policy & Guidelines replaces the controls of Part D2 of the Waverley DCP. This functionally deletes Part D2 of the Waverley DCP. This DCP amendment will be incorporated into the broader DCP amendments currently on exhibition under the Changes to Solar and Heritage Planning Controls.

To review the Draft Policy & Guidelines, as well as the associated DCP amendment, see the Document Library.

How to submit feedback

Please submit your feedback on the Draft Footpath Seating Policy & Guidelines through one of the following methods:

Feedback closes at 11.59pm, Wednesday 16 July 2025.

Please note that the comments submitted will form part of Council’s public record and as such can be made available for public viewing on request.

For more information, please contact Leonardo Shaw-Voysey, Strategic Town Planner, through Council’s Customer Service on 9083 8000, or via email at strategictownplanning@waverley.nsw.gov.au