Footpath Trading and Activation Permit

The types of activities that can now take place on a footpath/verge include:

• Outdoor dining (alfresco)
• Street trading
• Product display
• Placement of furniture and decorations on footpaths, including:
  • Freestanding umbrellas
  • Pot plants
  • Planter boxes
  • Bicycle racks.

• If certain requirements are met you will not need development approval. This will make it easier and quicker for businesses to use the footpath in front of their tenancy
• The detailed criteria are contained in Local Planning Policy 6.14 - Footpath Trading and Activation.

The Policy includes the following key elements:

Location and siting standards

• Activities must provide a 1.5 metre wide clear pathway for pedestrians
• Activities on footpaths which are less than 3.5 metres wide need to be adjacent to the building frontage
• Activities on footpaths which are greater than 3.5 metres wide may be located adjacent to the kerb
• Activities on footpaths which are greater than 3.8 metres wide may be located adjacent to both the building frontage and the kerb.

Furniture and decoration

• Items including tables, chairs, shade devices, planter boxes, screens, heating devices and lighting should contribute to the local street character and enrich the experience for pedestrians and visitors to the area
• Items placed within areas where activation can occur are to be:
  • Temporary (items that can be shifted or removed at will and are removed from at close of daily trading)
  • Semi-permanent (items that can be removed at will but which may remain outside of trading hours).
• Permanent (fixed) items will require development approval.

You will need to provide a copy of your Certificate of Currency (public liability insurance) when submitting your permit application and maintain the required public liability insurance throughout the period the permit is in force.

The insurance will need to cover the risk of injury or damage to a third party in connection with an activation area for a minimum amount of $10,000,000 and specifically include using the footpath for the proposed activity.

• To extend your liquor licence to cover your activation area you must obtain the relevant licence or other approval under the Liquor Control Act 1998 from the Department of Racing, Gaming and Liquor
• A footpath trading and activation permit may be used to accompany an application for a licence under the Liquor Control Act 1988.

The City has introduced a simple online process to make it easier for place activation activities to happen.

1. Measure the width of the footpath/verge in front of your business
2. Visit the footpath trading and activation permit form above
3. Select the scenario which best represents your situation (based on the width of your footpath/verge)
4. Upload a copy of your Certificate of Currency (public liability insurance)
5. Fill out your business and contact details
6. Submit your application and wait to receive your footpath trading and activation permit.