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Commercial use of public footpaths

Are you thinking of extending your business onto the footpath?

All commercial use of public footpaths (within the road reserve) in the Shoalhaven requires the following Approvals.

Outdoor Dining

A footpath or a public open space that is adjacent, connected or part of a café or restaurant (food and drink premises) may be used as an outdoor dining area as exempt development*.  (*Refer to Planning and Development Services).

The outdoor footpath and outdoor dining areas must comply with the following standards:

  • The café or restaurant that the outdoor dining is connected to must have approval to operate as a food or drink premises; and
  • The food and drink premises cannot be a pub or a small bar.

The outdoor area must be carried out in accordance with an Approval issued under section 125 of the Roads Act 1993, the Local Government Act 1993 or the Liquor Act 1997 (from the NSW Casino, Liquor and Gaming Control Authority (CLGCA) if alcohol is being served for alfresco/ outdoor dining).

To apply for an Outdoor Dining Approval, please complete and submit the Application for Outdoor Dining Approval Form, along with the associated fees and ALL requirements as set out in this form. 

A-Boards, Merchandise & Advertising Displays

A-Boards, Merchandise & Advertising Displays require Development consent under the Environmental Planning & Assessment Act 1979, unless the use is exempted under the State Government’s Codes SEPP (new window) (or Council’s Development Control Plan 89 until 1 September 2011); and 

To apply for an A-Board, Merchandise or Advertising Display, please complete and submit the Application for Development Consent for Commercial Use of a Footpath (within a Public Road) Form, along with the associated fees and ALL requirements set out in this form.

Submitting Your Application

Payment is required at the time of submitting the Application.  Please lodge your application and ALL associated site plans, drawings and photos at the following Offices:

Nowra Administration Centre | Level 3 Counter Services | Bridge Road Nowra NSW 2541 | PO Box 42 NOWRA NSW 2541 | Phone (02) 4429 3111

Ulladulla Administration Centre | Counter Services | Deering Street Ulladulla NSW 2539 | PO Box 737 ULLADULLA NSW 2539 | Phone (02) 4429 8999

What Happens Next

Once payment and all required information has been received, the Application will be assessed and if approved, you will receive your Approval associated documentation within 28 days of the Application being approved. 

Please Note: Applications will not be assessed until all the required information as set out in the form has been received by the applicant. 



Contact us

Property Services Unit

Phone: (02) 4429 3626

Email: Council@shoalhaven.nsw.gov.au

Useful links

Outdoor Dining Approval
Application for Outdoor Dining Approval (PDF 161Kb)

A-Board, Merchandise & Advertising Displays
Application for Development Consent for Commercial Use of a Footpath (within a Public Road) (PDF 122Kb)

DCP 120 - Commercial use of public footpaths