Chapter 17: Business, Commercial and Retail Activitiesdcp2014.shoalhaven.nsw.gov.au/sites/dcp2014.shoal... · all business, commercial and retail ... Consent for the first occupation

NOTE: This Chapter should not be read in isolation. You may need to consider other chapters of this DCP when preparing your application.

CHAPTER G17: BUSINESS, COMMERCIAL AND RETAIL ACTIVITIES

Shoalhaven Development Control Plan 2014

Chapter G17: Business, Commercial and Retail Activities

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Contents

1 Purpose ........................................................................................................................ 3

2 Application .................................................................................................................... 3

3 Context ......................................................................................................................... 3

4 Objectives ..................................................................................................................... 4

5 Controls ........................................................................................................................ 4

5.1 Business, Commercial and Retail Development ..................................................... 4

5.1.1 Shopping Trolleys ............................................................................................ 6

5.1.2 Security Grills and Gates in the Nowra CBD. ................................................... 8

5.1.2.1 Objectives ..................................................................................................... 9

5.1.2.2 Controls ........................................................................................................ 9

5.1.3 Local Shops in Coastal Villages ..................................................................... 10

5.2 Markets ................................................................................................................. 12

5.2.1 Site Requirements ............................................................................................. 12

5.2.2 Amenity ............................................................................................................. 13

5.2.3 Economic considerations ................................................................................... 13

5.3 Commercial Use of Footpaths .............................................................................. 15

5.3.1 Design ............................................................................................................... 16

5.3.2 Outdoor Dining .................................................................................................. 18

5.3.3 Signage ............................................................................................................. 19

5.3.4 Safety ................................................................................................................ 20

5.4 Parking of Caravans for Commercial or Community Activities .............................. 20

6 Advisory Information ................................................................................................... 22

6.1 Development application documents .................................................................... 22

6.2 Additional approvals required ............................................................................... 23

6.3 Liquor licence requirements .................................................................................. 23

6.4 Smoke-free Laws .................................................................................................. 23

6.5 Referral of Application - Parking of Caravans for Commercial or Community Activities ......................................................................................................................... 24

6.6 Other legislation or policies you may need to check ............................................. 25



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List of Tables Table 1: Retailer and Shopping Centre Management Responsibilities ................................ 7

List of Figures Figure 1: Land to which Section 5.1.2 applies ..................................................................... 9

Amendment history

Version Number Date Adopted by Council Commencement Date Amendment Type

1 14 October 2014 22 October 2014 New

2 23 June 2015 1 July 2015 Amendment

3 7 November 2016 30 November 2016 Amendment



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1 Purpose

The purpose of this Chapter is to set out guidelines for the establishment and operation of

all business, commercial and retail activities, as well as the specific uses of markets,

roadside stalls and commercial activities on footpaths.

2 Application

This Chapter applies to all land in the Shoalhaven or as specified under the various controls.

3 Context

A mix of traditional and alternative forms of business, commercial and retail activity is

important to the social fabric of the Shoalhaven community and to add interest and vitality

to streets and open spaces. Forms of business, commercial and retail activity such as

markets and roadside stalls create jobs and economic prosperity and when balanced with

environmental and social outcomes, as well as more traditional forms of business,

commercials and retail uses, create a sustainable community.

Using footpaths for commercial uses can also create pleasant and safe environments for

shoppers and patrons. This Chapter provides guidelines about how this can be achieved

without compromising the safety or amenity of the public domain for all users.

Note: First Occupation/Use

If you are about to occupy an existing building (or a unit within an existing building) to operate a business you must first identify whether you need development consent.

Consent for the first occupation of a commercial, business or retail premise is usually obtained when the development application for the building is approved. If this is the case, then no further consent will be required.

Your first occupation may also be exempt development under the Codes SEPP. You should consider the Codes SEPP to identify if your proposal is exempt.

If the proposed use of the building or individual unit/s has not been specified in the original development consent or your proposal is not exempt, you will need development consent from Council before occupying the building or unit/s.



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Change of Use

A change of use is when the proposed use of a building (or a unit within an existing building) is different to its previous use (e.g. retail shop to restaurant or office to a retail shop).

If you are proposing a change of use, you must first identify whether you need development consent.

If your proposal is exempt development under the Codes SEPP then no further consent will be required. If your proposal is not exempt or you also propose additions or alterations, you will need development consent.

4 Objectives

The objectives are to:

i. Encourage the growth and development of business and employment opportunities

within defined limits and in a socially and economically responsible manner.

ii. Safeguard the amenity of the area and, in particular, immediately adjoining and

adjacent property owners.

iii. Moderate environmental impacts.

iv. Clarify and make provision for rural/urban differences.

Additional use specific objectives may also be provided under the relevant controls in

Section 5.

5 Controls

5.1 Business, Commercial and Retail Development

This control applies in business zones and where business, commercial and retail

development is permissible with development consent.

Performance Criteria Acceptable Solutions

P1 To ensure the development

and/or use does not

generate emissions that

could adversely affect the

amenity of neighbouring

premises.

A1.1 The proposal is not to cause unacceptable levels of

perceptible odours (including cooking odours),

fumes, smoke, gas, vapours, steam, soot, ash, dust

or grit.

P2 To ensure the development

and/or use does not

discharge any unregulated

waste that may damage the

environment or adversely

A2.1 The proposal should not generate any contaminated

waste.

A2.2 The activity should not cause soil or ground water

contamination by the release or deposition of any



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affect the amenity of the

area.

liquid or solid wastes (including oil products and

chemicals or their compounds) on to the soil.

A2.3 If the proposal has the potential to discharge liquid

trade waste to Council's sewer you must obtain a

liquid trade waste discharge approval from

Shoalhaven Water. Additional contaminant

prevention devices may be required by Council.

Note: Businesses that may require a liquid trade waste approval could include food and drink premises and retail premises (e.g. hair dressing salons, photographic studios, paint sales).

P3 To provide adequate

provision for on-site

collection, storage and

disposal of waste products

in a way that does not

adversely affect

neighbouring premises or

the environment.

A3.1 Collection and disposal of waste should be through

Council’s regular collection service and/or a private

waste contractor.

A3.2 If waste is to be collected by a private waste

contractor, the site design must be able to

accommodate the vehicle manoeuvring requirements

of that vehicle for onsite collection.

A3.3 Waste and recycling storage areas should be of a

size to meet the current and future needs of tenants.

This includes potential waste and recycling

requirements of a future change of use.

A3.4 Waste and recycling storage areas should be sited to

minimise negative amenity impacts (noise, visual

and odour).

A3.5 Development applications should be accompanied

by a waste minimisation and management plan.

Note: See Chapter G7: Waste Minimisation and Management of this DCP for additional information.

P4 To ensure the hours of

operation do not have an

unreasonable adverse

impact on any neighbouring

premises.

A4.1 Hours of operation are limited to normal business

hours.

A4.2 Council will consider variations to normal business

hours if it can be demonstrated that the proposed

hours are crucial to the operation of your business

and that no negative amenity impacts will result.

P5 To ensure any change of

use meets relevant fire

safety requirements.

A5.1 All existing fire safety measures and those that are

proposed to satisfy the fire safety requirements of

the new use are to be described as part of the

development application.



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5.1.1 Shopping Trolleys

This Section applies to development applications for supermarkets, department stores and substantial retail outlets.

A5.2 Where necessary, the building must be upgraded to

satisfy fire safety requirements if required by

Council.


P6 Supermarkets, department

stores and substantial retail

outlets shall include a Plan

of Management (POM) for

shopping trolleys.

The POM shall include:

A6.1 A trolley containment system that encourages the

confinement of trolleys to the retailers premises,

such examples are, but not limited to;

Coin/token operated system with refund.

Trolleys with wheel locks activated by a radio

signal of magnetic strip.

Cattle grids at carpark entrances and exits.

Radio signal transmitters on trolleys.

A6.2 Any other system which demonstrates a

commitment to contain trolleys to the owner’s

premises, or within the boundaries of a shopping

centre and may include staff permanently stationed

at exits during trading hours.

A6.3 Signage and public education programs which may

include (but not limited to);

Signage within stores and carparks.

Signage at entry and exit points of stores and

carparks.

Signage on trolleys.

Pamphlets in stores explaining the Code of

Practice and the need for customer co-

operation.

Local newspaper publicity.

Local Chambers of Commerce education

programs on misuse of shopping trolleys.



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Table 1: Retailer and Shopping Centre Management Responsibilities

Responsibilities

Retailers Provide Council a list of contacts for their store/stores in the LGA

(including phone and facsimile numbers), with additional company

contacts at senior management level.

Authorise the store manager or their delegate to be responsible for liaison

with local government representatives about trolley management.

Ensure that all trolleys are easily identifiable by council officers.

Ensure that trolley collection services are sufficiently resourced to enable

collection within timeframes and at all times, including “after hours” details.

Ensure that trolleys reported as posing risk or nuisance is collected

immediately on notification.

Ensure that all other trolleys reported are collected within the time limit

agreed with/set by Council. This may require an “after hours” collection

service.

Retain a brief record of all trolleys so reported and collected or the time at

which a trolley collector attended to collect a reported trolley if no trolley

was found at that location.

Inform customers (through clearly visible signage and other means within

the premises) that trolleys should not be removed from premises or

abandoned, and that penalties apply for the abandoning of trolleys outside

the retail outlet/complex.

A6.4 How the POM will be implements by the shopping

centre management and/or individual retailer, as

listed in Table 1 below.

P7 Retailers and/or centre

management are

responsible for the ongoing

management of shopping

trolleys.

A7.1 Where possible, shopping trolleys should remain on the premises of the retailer who owns them.

A7.2 The trolley owner should develop and maintain management program to ensure that shopping trolleys taken from retail premises are collected at least daily.

Note: Council may impound shopping trolleys in accordance with the Impounding Act 1993 where a shopping trolley:

Has been abandoned or left unattended in a public place or area

Is likely to cause imminent danger to a member of the public

Has not been collected by the owner or their collective agent due notification

The impounded trolleys may be offered to tender and/or disposed of.



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Provide suitable, well signed trolley bays at exit points to retail outlets or

complexes.

Provide to Council, on request, an up to date map showing usual trolley

collection routes and schedules.

Trolleys to have prominent signage made of hard wearing resilient material

clearly advising the contact telephone number of the collection agent for

the trolley.

Each trolley to have clearly and permanently displayed its own

identification number.

Actively promote the sale of personal (granny) trolleys to customers.

Trolley collection agents to provide to Council every three (3) months

statistics on the number of abandoned shopping trolleys collected within

the LGA.

Shopping

Centre

Management

Allow erection of signage informing public of their responsibility.

Provide adequate trolley bays within the boundaries of the shopping

centre.

Ensure new tenants do not take and misuse shopping trolleys (may

include clause in leases on formal agreements).

Where no mechanical or electronic containment device is provided for all

trolleys, security staff may be dispatched at shopping centre exits to advise

shoppers to not remove trolleys from premises and provide shoppers with

information brochures.

5.1.2 Security Grills and Gates in the Nowra CBD.

This Section applies to shopfronts and arcades in the Nowra CBD as shown in Figure 1 below.



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Figure 1: Land to which Section 5.1.2 applies

5.1.2.1 Objectives

The objectives are to:

i. Maintain shopping amenity within commercial areas out of hours. ii. Provide for business security. iii. Maximise sources of light within the commercial area. iv. Minimise social problems associated with poorly lit spaces.

5.1.2.2 Controls


P8 Security grills and gates

are provided for security

to shopfronts and

arcades whilst

maintaining an

acceptable quality for

the shopping

A8.1 Security grilles and gates shall be constructed of

open mesh to complement the appearance of the

shop frontage.

A8.2 Security grills and gates shall allow for the ability to

window shop out of hours and allow the spill of light

from shop front to the street footpath.



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5.1.3 Local Shops in Coastal Villages

This Section applies to small Shoalhaven Settlements with a population of between 200 and

3,000 people, located along beaches, bays, coastal lakes and the like, where separate site

specific development control plans (DCPs) are not available for those locations namely:

Greenwell Point, Erowal Bay, Bendalong, Narrawallee, Bawley point, Orient Point, Basin

View, Manyana, Kings Point, Kioloa, Currarong, Swanhaven, Cunjurong Point, Burrill Lake,

Pebbly Beach, Callala Beach, Cudmirrah, Lake Conjola, Dolphin Point, Depot Beach,

Callala Bay, Berrara, Mollymook, Lake Tabourie and North Durras.

It is important that the design approach for local shops is sympathetic with the existing village

character. Protection of natural and rural land is essential. The encouraged design approach

also reinforces Shoalhaven’s scenic and tourist values by maintaining and improving the

distinctive way in which these structures sit within the coastal landscape.

The objectives of this Section are to:

i. Guide desirable development of local shops.

ii. Ensure local shops are small scale in built form and do not dominate their natural

setting.

iii. Ensure that local shops address and respond to existing unique coastal locations

in terms of building bulk, height, landscaping and parking.

iv. Ensure compatibility with existing residential character/ amenity.

v. Ensure design of local shops reinforces scenic and tourist values by protecting

natural and rural lands.

centre/area outside

normal trading hours.

A8.3 To maintain accessibility within the CBD, security

grilles and gates shall be permitted in any arcade

with the expectation of:

Morrison’s Arcade between Junction Street and

Egan’s Lane car park.

Rodway Arcade between Junction Street and

Schofield’s Lane.

The Holt Arcade between Kinghorne Street and

the Stewart Place car park.

Notes:

In respect to arcades, each application will be dealt with on its merits in regard to setback of grilles and gates.

Any consent for grilles and gates to arcades shall be for a limited period in order to assess their impact on the CBD.



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Note: Local shops in this Section refer to retail premises which may comprise takeaway food and drink premises, neighbourhood shops, restaurants and other similar retail uses where such uses are permitted under the Shoalhaven Local Environmental Plan (SLEP) 2014.


P9 To ensure that the height

is appropriate to the local

context.

A9.1 Local shops generally are a maximum of 2 storeys, so

that they are compatible with the domestic scale of

surrounding dwellings.

A9.2 Local shops located in the main streets may include a

recessed third storey with adequate articulation,

provided that the building does not adversely impact

on residential amenity.

A9.3 Height of local shops is cognisant of environmental

constraints such as steep slopes and flooding.

P10 To ensure that building

form and relationship with

the environment is relative

to the surrounding area.

A10.1 The relationship between the local shops and the

environment reinforces the way in which the shop sits

within the coastal landscape. In this respect, built form

should not dominate its surrounding natural

environment.

A10.2 Bulk and scale of local shops should be relatively

discreet within its natural environment.

A10.3 Local shops respond to and reflect existing bulk and

scale of the coastal village, where they are compatible

with surrounding dwellings and enhance a sense of

rhythm in the street.

P11 Select and use building

materials and landscape

elements that respond to

the natural environment

and that is ‘in harmony’

with the coastal location.

A11.1 Choose a palette of complementary building colours and materials. Use light neutral coastal colours, shades of the same colour and the natural colour of materials where appropriate e.g. timber.

A11.2 Create landscaped areas that contribute to the village

streetscape character and enhance the amenity of

both public and private spaces.

A11.3 Existing trees can be a major feature and should be

retained where possible.

P12 To ensure the visual

character of the Coastal

Village is retained.

A12.1 New development responds sensitively to the form

and character of the village and to the existing

proportions and materials of existing buildings.

P13 To ensure the presentation

to streets is appropriate.

A13.1 Entrances are designed to address the street.



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A13.2 Where located on a corner allotment, local shops

address both street corners.

A13.3 Local shops achieve active people-orientated street

frontages to encourage pedestrian movement, which

would in turn enhance surveillance and public security.

A13.4 For larger villages, consider the possibility of allowing

for public meeting places for social interaction for the

village community e.g. the concept of a village square.

A13.5 Local shops provide opportunities for outdoor dining.

5.2 Markets

This control applies to all land where markets are permissible with development consent.

The objectives of this control are to:

i. Reduce adverse effects upon the local area by providing guidelines for traffic,

access, car parking and hours of operation. ii. Recognise the importance of markets as a source of income to local

community/charity groups, whilst also appreciating the economic implications that markets can have on existing commercial activities.

iii. Encourage the stall and product type to be from locally and regionally produced sources and to be of a “Make it, Bake it, Sew it, Grow it” criteria.

Note: Markets may only be conducted by a local based non-profit

organisation such as a:

Community group;

Charity;

Sporting body; or

Chamber of Commerce.

5.2.1 Site Requirements


P14 To ensure that markets:

Reinforce existing

retail centres.

Provide for both

vehicular and

pedestrian access,

amenities and car

parking.

A14.1 Markets should be located within 250 metres walking

distance of public car parking or provide sufficient area

on site for vehicle parking.

A14.2 Car parking areas to be used by markets are not to

use direct vehicle access to a main or arterial road.

A14.3 If access to markets is off a main road, a semi-formal

access arrangement is to be allowed for practicality

purposes.



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Prevent traffic levels

that may adversely

affect traffic safety or

the amenity of the

locality.

Provide public safety

measures.

Sell legal goods and

services.

A14.4 You must maintain a minimum of 2 metres clear width

on footpath areas, where applicable.

A14.5 Dogs or other animals are not permitted within the

defined area of the markets, except where the dogs or

other animals are part of an amusement, market stall

or display, or where they are an “assistance animal”

(i.e. guide dog).

A14.6 If the market is on private land, no goods must be

offered for sale on the footpath or any public place.

A14.7 Tables and/ or trestles and/ or goods displayed must

be laid out in an orderly manner to allow the free

movement of pedestrians and all activities are to be

contained wholly within the site.

Note: Refer to Chapter G21: Car Parking and Traffic for more details on car parking requirements.

5.2.2 Amenity


P15 To ensure markets are

conducted within the

context of the amenity of

the local area.

A15.1 Hours of operation will be confined to one (1) hour

after sunrise to one (1) hour before sunset within the

limits of midday Saturday to sunset Sunday and

daylight hours on public holiday.

A15.2 Where music and/ or musical instruments are to be

played, no undue impacts will be made on

neighbouring residents.

A15.3 Public amenities are to be made available within a

reasonable proximity of the proposed market or

adequate provision is made on-site for temporary toilet

facilities to the satisfaction of Council.

5.2.3 Economic considerations


P16 To ensure the proposal:

Minimises the

economic impacts that

the market may have

on existing established

A16.1 All applications will be limited to an approval of 12

months initially, which can then be extended to a

period of up to five (5) years, to reduce the need for

annual renewal.

A16.2 The maximum number of markets will be one per

month per locality, e.g. town, suburb or village. Where



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shops and retail

centres.

Recognises markets

as an important source

of income for local

community/charity

groups.

more than one market per month is proposed in a

locality it must be clearly demonstrated that the market

will:

be beneficial to the community;

not impact on financial viability of existing

businesses; and

Result in the majority of the stalls meeting the

“Make it, Bake it, Sew it, Grow it” criteria.

A16.3 There is no constraint to the products, articles to be

sold, or from where they were obtained provided that

such merchandise has been legally obtained and are

not considered to be unsightly, objectionable or

offensive to public morality.

A16.4 Any goods or services offered for sale are to conform

to the requirements of the Fair Trading Act 1987, the

Competition and Consumer Act 2010, the National

Measurement Act 1960 and other applicable

legislation.

A16.5 The market operator must retain a register containing

the names, address and description of goods of all

stall holders for a period of twelve months.

A16.6 The applicant and market operator must demonstrate

that they will have a majority of the stalls that meet a

“Make it, Bake it, Sew it, Grow it” criteria.

A16.7 Markets may be for fund raising or commercial

purposes. If your market is for commercial purposes, it

should result from a market carried out by a local

Chamber of Commerce or Business Chamber.

A16.8 All goods exposed for sale must be sold by normal

retail means, and no goods can be sold by auction or

any other means.

A16.9 Whenever possible, local retailers should be invited to

participate in the market.



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5.3 Commercial Use of Footpaths

This control applies to all land where a commercial premises is permissible with development

consent. The control applies to the commercial use of public footpaths within the footpath and public

space area of the road reserve. It does not apply to commercial uses within private lands.

Note: When considering the use of footpaths for the purposes of outdoor dining, you should first review the provisions of the Codes SEPP. Under the Codes SEPP, the commercial use of a footpath for an outdoor dining area associated with a lawful food and drink premises (but not a pub or small bar) is exempt development. If your proposal meets the provisions for exempt development, you will not require consent from Council however under NSW legislation, statutory approvals may be required.

The commercial use of footpaths could take a number of forms, including:

Tables and chairs (associated with a pub or small bar);

Bollards;

Planter boxes;

Children’s amusements/rides;

Umbrellas;

Screens;

Safety rails;

Display of goods and merchandise (eg racks of clothing;

Newspaper baskets.


i. Enhance the economic viability of our local business by managing approvals and

approvals to use public footpaths for commercial purposes.

ii. Encourage trading and enhance our neighbourhood centres by providing a more

vibrant and colourful atmosphere for shoppers.

iii. Provide for an active and integrated street front.

iv. Maintain visibility and exposure of shopfronts.

v. Ensure safety and convenient passage of all pedestrians when using public

footpaths.

vi. Ensure the maintenance of clear view lines for both pedestrians and motorists,

particularly near pedestrian crossings, street corners and key intersections.

vii. Ensure adjoining premises are not adversely affected by any commercial use of

public footpath areas.

viii. Protect Council and the public interest while permitting effective use of public

footpaths for commercial purposes.

ix. Effectively address risk management issues for Council.

x. Ensure that commercial use of public footpaths does not unduly impact on

maintenance.



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xi. Ensure that public amenity will not be compromised by the provision of commercial

use of public footpath areas.

5.3.1 Design


P17 To ensure the commercial

use of a footpath is

appropriately located.

A17.1 The proposal may be located on a footpath

immediately adjacent to the shopfront or in locations

that do not cause an impediment to other public

footpath users.

A17.2 For corner premises or those that have more than one

street frontage, a proposal to extend a commercial use

beyond the main frontage is subject to individual

assessment. Written consent of the business owner of

the neighbouring property will be required.

A17.3 Commercial use a footpath adjacent to an accessible

parking space for people with disabilities is not

permitted.

P18 To maintain a suitable

footpath width in areas

where commercial use of a

footpath is proposed.

A18.1 For highly trafficked public footpaths (eg, Princes

Highway, Ulladulla, Berry and Milton and Junction

Street, Nowra), the minimum clear width for pedestrian

use is 2.4m wide.

A18.2 For low to moderate trafficked public footpaths (eg,

Wason Street in Ulladulla and Kinghorne and Berry

Streets in Nowra) the minimum clear width is 2.0m

wide.

A18.3 Where the commercial use may be for the placement

of a display table or stand, plants, business icon and

similar products that are associated with the normal

trading of the adjacent business, a minimum of 2.0m

clear width is required.

A18.4 Where the clear width for pedestrian use is less than

2m, for an outdoor dining use, suitable handrails or

appropriate barricades may be considered along the

kerbside.

A18.5 The maximum width of the commercial display area is

not to exceed 800mm in depth. The height of the

display must be sufficient to ensure the display itself is

not a trip hazard.

A18.6 The clear width is exclusive of fixtures or equipment

that could obstruct pedestrian movement or use.



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P19 To ensure appropriate,

sympathetic and safe

outdoor furniture.

Note: Outdoor furniture

associated with the

commercial use of public

footpaths includes; shade

structures, tables, chairs,

display stands, heaters,

and perimeter barricades.

A19.1 A single colour and style for seats and tables should

be adopted to provide consistency and identity.

Colours should be practical and serviceable. Suitable

colours include (but are not limited to) natural, green,

terracotta, black.

A19.2 Outdoor furniture should be located a minimum of

600mm from any kerb, bins, lights and 800mm from

fixed seats.

A19.3 Outdoor tables for dining must be sturdy and not

exceed 800mm x 800mm unless the location warrants

a larger table size.

A19.4 Glass table tops are not permitted.

A19.5 Outdoor furniture should be made from high quality

materials which enhance the character of the street.

Lightweight plastic furniture is not acceptable.

A19.6 Outdoor furniture should be waterproof, weather

resistant, durable and sturdy, to withstand heavy use

and so not to be blown away in windy conditions.

A19.7 All outdoor furniture must be temporary and able to be

removed from the footpath area when the business is

closed and in extreme weather conditions.

A19.8 Any furniture that becomes unserviceable, damaged or

worn must be replaced or removed.

A19.9 For public safety and comfort, outdoor furniture must

be safe in its design and not cause any hazards to

patrons, shopkeepers or pedestrians.

A19.10 Umbrellas should be firmly anchored, free of sharp

protrusions and consistent in style and colouring.

Market style umbrellas offering generous shade

protection is preferred. A minimum clearance of 2.2m

between the footpath surface and the underside of the

umbrella should be provided.

A19.11 Display stands must be stable, firmly secured and of

high quality design. Display stands should be a

minimum height of 700mm, maximum height of 1m,

maximum depth of 800mm and width of 3m.

A19.12 The public footpath is not to be used for storage.

A19.13 Where a heating device is proposed, you must provide

details of the type, location and design. Heating

devices should turn off automatically if overturned to



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prevent injury to patrons and property. Heating devices

must be removed when not in use and suitably

screened from public view. All outdoor heaters must

comply with the relevant Australian Standard, and an

appropriate fire extinguisher is to be provided in

accessible proximity to the heating device.

P20 To ensure planter boxes

are appropriately located

and well maintained.

A20.1 Planter boxes may be considered in open areas, such

as plazas or public footpath widening sections which

are separated from the main pedestrian walkway.

A20.2 Planter boxes must be well-maintained.

A20.3 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.

A20.4 Permanent planter boxes will only be considered on

public footpath areas where the public footpath has

been widened for specific business use.

Note: If your proposal requires the removal or relocation of any

Council assets (e.g. rubbish bins, furniture), Council will consider

this by merit when assessing your application and any approved

work will be at your cost.

The removal or relocation of any public utilities or infrastructure (e.g.

traffic control boxes, drainage/ sewerage pits) will generally not be

supported unless you can justify the public benefit and approvals

have been obtained from the relevant authorities. Works will be

carried out at your cost.

5.3.2 Outdoor Dining


P21 To ensure perimeter

barricades are appropriate

for the footpath context.

Note: Perimeter barricades can take the form of screens, pot plants, planter boxes, moveable bollards and

safety rails.

A21.1 Council may consider the use of perimeter barricades if:

the outdoor dining area remains open and inviting (no drop down sides for weather protection permitted);

barricades do not block access or force pedestrians onto the road carriageway;

there will be minimal impact on the use and enjoyment of patrons;



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safety of pedestrians and patrons is not compromised (including trip hazards);

Barricades will not be used as an opportunity for general advertising, other than name or logo.

A21.2 Perimeter barricades are to be a minimum height of 700mm and maximum height of 1m.

A21.3 Barricades must be removed from the public footpath when the business is not open.

A21.4 Barricades between adjoining sites may be considered to provide a clear demarcation between the business activities.

A21.5 Perimeter barricades remain the responsibility of you, including the maintenance and replacement where required.

P22 To restrict music or other

entertainment in

association with outdoor

dining.

Note: A separate or joint application may be made for such purposes.

A22.1 Amplified music or other entertainment is not permitted

within the outdoor dining area of the footpath.

5.3.3 Signage


P23 To ensure an appropriate

amount, type and location

of signage in association

with commercial use of

footpaths.

A23.1 One A-board sign or single-board (eg, menu board)

may be displayed where the size does not exceed

750mm X 1000mm in area.

A23.2 The name of the business and food/ drink items are

the only information that can be displayed.

A23.3 Any advertising on umbrellas or shade structures must

relate to the business to which they serve.

A23.4 The signage may include the business name, an

associated corporate name (logo) or product.

A23.5 Any signage is to be suitably located so as to not to

obstruct pedestrian traffic.

Note: Refer to Chapter G22: Advertising and Signage of this DCP for more information on signage.



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5.3.4 Safety



use of the footpath

provides clear view lines to

allow pedestrians to view

on-coming traffic and for

motorists to observe

pedestrian movements.

A24.1 The use of the footpath must not obstruct the clear

view line of pedestrians or motorists. Sight lines for

vehicle and pedestrian safety must be maintained in

accordance with current standards.

A24.2 Council may require the submission of a traffic safety

risk assessment.


use of the footpath does

not obstruct use of the

footpath or access to and

from the business.

A25.1 Use of the footpath should not obstruct safe patron/

pedestrian access to and from the business premises.

A25.2 Required paths of travel/egress and fire safety

measures under the Building Code of Australia (for the

building contained on site) must not be reduced or

obstructed during operations.

A25.3 Where proposed to operate after daylight trading

hours, any additional lighting should not interfere with

pedestrian or traffic safety. Additional lighting details

should be provided.

A25.4 Where the public footpath must be altered for you to

undertake the activity, works must only be carried out

in accordance with Council's specifications,

supervision and approvals. A bond may be payable in

these instances.

A25.5 Approval may be revoked by Council or where public

safety is compromised.

5.4 Parking of Caravans for Commercial or Community Activities

This control relates to the parking of caravans, and similar types of vehicles in public roads

for the purpose of carrying out commercial and community activities.


i. Control and regulate the parking of caravans, and similar types of vehicles in public

roads and car parks for the purpose of carrying out commercial and community

activities.

ii. Preserve the amenity of the area in which the vehicle is to be located by providing

guidelines with regards to traffic, access, amenity and safety.

iii. Recognise that many of these uses play an important community role, while also

appreciating the economic implications that such operations may have on existing

commercial undertakings.



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Note: This control does not relate to mobile food vans. Mobile food vans and itinerant food vendors are required to comply with Council’s Mobile Food Stalls or Vehicles and Temporary Food Premises Policy-LAP, the NSW Food Act, 2003 and approvals issued under the Local Government Act, 1993.

It is not Council’s policy to support permanently located food vans beyond the provisions in Chapter G25: Stationary Food Vans/Vehicles on Service Station Sites and Food Stalls.


P26 The proposal minimises

the economic impacts that

such activities may have

on established commercial

activities.

A26.1 The parking of caravans for commercial activities will

be limited to a maximum period of five (5) days

duration at any one time per commercial area.

A26.2 There will be a maximum of two activities per year, per

commercial area.

P27 The proposal provides for

vehicular and pedestrian

access within existing

commercial areas.

A27.1 The vehicle must not obstruct safe sight lines to

intersections or carpark exits, or narrow traffic lanes

and must not obscure usual pedestrian traffic from

drivers.

A27.2 Such activities shall not obstruct pedestrians utilising

footpath areas.

A27.3 Such activities will be prohibited from operating from

Council’s designated public car parking areas.

A27.4 Access to the vehicle is to be via the footpath area

with all doors opening to the footpath.

A27.5 Where another vehicle is used for towing the subject

vehicle, the towing vehicle must be disengaged and

parked in a suitable location away from the van.

A27.6 Temporary regulatory sign posting is to be erected to

define parking restrictions during the activity.

Temporary regulatory parking signs are available upon

payment of the prescribed fee to Council.

A27.7 All caravans and associated vehicles are to be

registered vehicles under the current legislation.

P28 The proposal protects the

amenity and safety of

shoppers within the local

area.

A28.1 The disposal of liquid wastes into the gutter and

stormwater system is not permitted.

A28.2 The disposal of solid wastes into street side garbage

bins is not permitted.



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A28.3 Hours of operation will be generally limited to normal

commercial hours, being 9.00am to 5.00pm, Monday

to Saturday.

A28.4 No amplified music will be permitted to be performed

from the activity, where such activities are located

within close proximity of residential premises.

A28.5 Amplified music and public address systems used in

the operation of the activity should not generate noise

levels which cause annoyance to adjoining

commercial activities or people using public places.

A28.6 Public liability insurance to the amount of $10 million is

required to be endorsed to indemnify Shoalhaven City

Council against any claim arising out of this activity. A

copy of which is to be provided to council’s insurance

Officer prior to the positioning of the vehicle.

Note: Where temporary/mobile food stalls are to be

established, the normal approvals in accordance with Council’s Mobile Food Stalls or Vehicles and Temporary Food Premises Policy-LAP, Food Safety Standards (food Safety Australia New Zealand) and the NSW Food Act 2003 and Regulations apply. Applications for such shall be submitted to Council in sufficient time to allow administrative procedures and an inspection of the facility to be carried out during normal Council working hours. Further information with regard to these approvals is available by contacting Council’s Planning and Development Services Group.

6 Advisory Information

6.1 Development application documents

In association with a development application for:

Roadside stalls: Plans and written statement indicating the location of the proposed

stall and relevant surrounds to demonstrate compliance with this DCP;

Markets: A written submission should accompany the application demonstrating

compliance with this DCP;

Commercial use of footpaths: A development application and approvals application

are required and will be assessed concurrently by Council. Council will determine

the development application before approval requirements are completed.

Applications must be made on an “Application for Development Consent - Consent

for Commercial Use of a Public Footpath within a Public Road” form. The

development application form must be accompanied by the following:



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o Plan drawn to scale (1:100) showing the outdoor area to be used, location and

number of chairs and table, the area maintained for public access and

relationship to existing restaurant. The plan should also show the location of

existing fixed street furniture including bins, seat, lighting poles and relevant

dimensions of paths of travel and the like;

o Photographs of furniture including shade umbrellas to be provided;

o Details of the menu board;

o Details of any screening, plants, fencing, etc.;

o Details of trading hours; and

o Any other relevant supporting information.

Parking of Caravans for Commercial or Community Activities: A written submission

should accompany the application indicating the location of the proposed caravan

and to demonstrate compliance with this DCP.

6.2 Additional approvals required

In addition to requiring development consent from Council for the commercial use of the footpath, you may also need to obtain an approval under:

Section 125 of the Roads Act 1993 for outdoor dining; and

Section 138 or Section 139A of the Roads Act 1993 for A-board signs, advertising or

merchandise displays.

Section 68 of the Local Government Act 1993.

6.3 Liquor licence requirements

The selling or consumption of liquor is only permitted if the appropriate licence under the Liquor Act 2007 and the Liquor Regulation 2008 has been obtained from the NSW Office of Liquor, Gaming and Racing (OLGR). You must have development consent for your food and drink premises before applying to the OLGR for a liquor licence. This must include service of alcohol in conjunction with an outdoor dining area on the public footpath.

An existing consent for a food and drink premises may require modification to enable

approval for the service of alcohol.

Consent for the service of alcohol in conjunction with the outdoor dining area on the public area will not be permitted where the locality is a defined Alcohol Free Area under provisions of the LG Act 1993.

Further information can be obtained from the NSW Government Licensing Service website.

6.4 Smoke-free Laws

The Smoke-free Environment Act 2000 bans smoking in enclosed public places and certain outdoor public areas. These bans protect people from harmful second hand tobacco smoke

http://www.licence.nsw.gov.au/new/categories/liquor-gaming



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- the smoke which smokers exhale after inhaling from a lit cigarette. There is no safe level of exposure to second hand smoke. The Smoke-free Environment Act 2000, Smoke-free Environment Amendment Regulation 2009, and the Smoke-free Environment Regulation 2007 ban and regulate smoking in enclosed public places. The Smoke-free Environment Act 2000 also bans smoking in the following outdoor public places:

Within 10 metres of children’s play equipment in outdoor public places;

Public swimming pools;

Spectator areas at sports grounds or other recreational areas used for organised sporting events;

Public transport stops and platforms , including ferry wharves and taxi ranks;

Within 4 metres of a pedestrian access point to a public building. Under this Act, Local Health Districts and Statutory Health Corporations can make by-laws banning smoking on NSW Health grounds, such as hospitals, community health services and ambulance stations.

6.5 Referral of Application - Parking of Caravans for Commercial or Community Activities

Where a development application complies with Section 5.4 of this chapter, the proposal will be exempt from Council’s normal notification policy. However, if a development proposal is inconsistent with this chapter, the development will be required to be notified in the following manner:

Such applications will be referred to the local Chamber of Commerce for its

comments. Where a local Chamber of Commerce does not exist, the application will

be referred to the Shoalhaven Industry and Business Association Inc.

Such applications in Council’s road reserve will also be referred to Council’s Local

Traffic Committee for comments in regards to traffic and car parking.

Adjoining shop owners and occupiers will be notified of the proposal.

Council’s standard fee for notification will apply.



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6.6 Other legislation or policies you may need to check

Note: This section is not exclusive and you may be required to consider other legislation, policies and other documents with your application

Council Policies

& Guidelines

Nil

External Policies

& Guidelines

Relevant Australian Standards

Legislation Disability Discrimination Act 1992 (Cth)

Roads Act 1993

Local Government Act 1993.

Smoke-free Environment Act 2000.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D33&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D30&nohits=y

Documents

Chapter 17: Business, Commercial and Retail Activitiesdcp2014.shoalhaven.nsw.gov.au/sites/dcp2014.shoal... · all business, commercial and retail ... Consent for the first occupation