Footpath Seating for Restaurants

Transcription

1 Waverley Development Control Plan 2010 E3 Footpath Seating for Restaurants Contents 1.0 Introduction Designated Areas for Footpath Restaurants Relationship with other Legislation Objectives of this Part Application Requirements General Controls Types of Premises Footpath Seating Space Location of Seating Furniture Accessories Health and Safety Advertising Hours of Operation / Noise Impacts Car Parking Insurance Footway Plan Cleaning and Maintenance Designated Footway Restaurant Areas Approvals Maximum Permissible Period Breaches of Consent Footpath Seating for Restaurants 1 E3

2 Waverley Development Control Plan INTRODUCTION This Part guides applicants seeking approval to utilise footpath areas outside their restaurant for outdoor seating. This Part specifically addresses footpath seating only. The display of goods on the footpath and/or temporary advertising signs on the footpath requires separate approval from Council. This Part applies to all land within the Waverley Local Government Area (LGA). These premises: (a) provide sit down meals or snacks; (b) utilise non disposable eating utensils; (c) have washing-up facilities for all cooking/eating utensils; (d) (e) provide table waiter service to all patrons; and utilise utensils and furniture without any advertising or corporate logos/colour schemes. 1.1 Designated Areas for Footway Restaurants Specific areas designated for footpath seating include: (a) Oxford Street Mall and Waverley Street Mall in Bondi Junction; (b) Campbell Parade and Roscoe Street at Bondi Beach; and (c) Bronte Road at Bronte Beach. Controls for footpath seating within these areas are the same controls applicable throughout the Waverley LGA. However, a number of additional controls may apply to specific areas. Refer to Section 4.0 and Figures 1 through to Figure 6 in Annexure E Relationship with other Legislation This Part provides for development consent and approval under Section 125 of the Roads Act Objectives of this Part Footpath seating areas are integral components of the public domain and should reinforce urban design objectives. Footpath seating should not be regarded as private property. The aims of the controls are to promote sound environmental practices as well as to promote a high quality visual environment with minimal advertising. The objectives of this Part are to ensure: (a) high quality visual environment; (b) footway restaurants contribute to the streetscape; (c) pedestrians and traffic are not obstructed by the footway restaurant use; (d) operation of footway restaurants do not have an adverse impact to the amenity of adjoining and nearby properties and residents; (e) footway restaurants are compatible with other community uses of public space; (f) waste and litter reduction; (g) footpath furniture only occupies the licensed areas; and (h) Prohibit smoking within designated footpath seating areas. Footpath Seating for Restaurants 2 E3

3 Waverley Development Control Plan APPLICATION REQUIREMENTS Information to be submitted for footpath seating applications includes: (a) A completed Footpath Seating Application Form; (b) Using one of the plans at Annexure E3-1 show the location of the restaurant and the proposed seating layout. (c) If the area is not designated, plans similar to those included at Annexure E3-1; (d) Total area in square metres and dimensions proposed for footpath seating; (e) Proposed number of seats and tables; (f) Details of the selected furniture; (g) Existing approved hours of operation of the restaurant; and (h) Details of toilet facilities within the restaurant / café. 3.0 GENERAL CONTROLS 3.1 Type of Premises Only restaurants or cafes complying with the following criteria will be considered for footpath seating: (a) provides sit down meals or snacks; (b) provides waiter table service; (c) provides non-disposable eating utensils; and (d) provides adequate washing-up facilities on the premises. 3.2 Footpath Seating Space The allocation of footpath seating space is determined, and relates to the space directly in front of a restaurant / café. If adjoining space is not used by the adjacent shop, shops immediately adjacent may take up that space providing they meet the criteria for approval in this Part. Adjoining space should only be used as long as the adjacent business does not require the seating for their purposes. 3.3 Location of seating The preferred location for footpath seating is away from the building edge. This allows continuous and easy movement of pedestrians along the footpath. All areas granted approval for outdoor seating must clearly and discretely mark the location of the space on the pavement and exhibit the approval issued by Council (refer to Section 3.11). Council reserves the right to require replacement of inappropriate and / or hazardous tables and chairs (i.e. furniture inconsistent with this Part) as a licence requirement. Footpath seating is dependent upon minimising potential pedestrian conflicts. If a significant impact on pedestrian amenity is envisaged, the proposed area for seating reduced, notwithstanding the minimum width of 2.5m, or Council may decide to refuse the application. Footpath Seating for Restaurants 3 E3

4 Waverley Development Control Plan 2010 Footpath seating at any location, must comply with the following: (a) continuous unobstructed paths of travel along any one shopping strip or block within a minimum width of 2.5m and access to adjoining properties and window displays/frontages; (b) adequate circulation space past a property and access space across the footpath to the kerb-line for access to parked vehicles, public transport or road crossing points and, loading zones; (c) adequate space adjacent to the kerbline for the opening of doors and unloading of vehicles; (d) clear vision and sight distances near driveways and intersections; (e) adequate pedestrian access under any existing shop awnings; (f) reasonable service is provided to an entire seating area; (g) operating hours of the licensee and of the outdoor seating is compliant with Council controls (outdoor seating may be restricted to less hours than the main café); (h) the proximity to residential accommodation; (i) No furniture shall be allowed within 1.5m of a kerbline (except where a permanent barrier exists which prevents access to parked vehicles or road crossing points, subject Council assessment); (j) No furniture shall be located within 3m of bus stops or taxi stands to allow for adequate pedestrian circulation and queuing; (k) Public access with a minimum width of 3m is to be provided across the footpath between the kerbline and the continuous unobstructed path of travel at a minimum of 10m intervals; (l) No seat shall be more than 10m away from the front door of the restaurant that is serving it; and (m) Consider all controls and relevant sections of this Part; and (n) Details must be included in the Footway Plan (see Section 3.11). 3.4 Furniture The management of each establishment is responsible for ensuring patrons maintain furniture within the boundaries of the licence area. The licence holder is to ensure management are aware of the conditions and responsibilities of the licence. Furniture is to be supplied by the proprietors of the restaurant. Layout, style and orientation of furniture should be according to the extent and shape of available space Controls Furniture for all areas must be approved by Council following assessment on compliance with the following controls: (a) Each establishment adopts a single style of seats, tables and umbrellas to maintain a cohesive pattern and ordered groupings. (b) Umbrellas are securely anchored to prevent blow-aways. Umbrellas are not to display corporate logos, designs or text (excluding Bondi Junction). Umbrellas in Bondi Beach are to be Samark and 300 Acrylic canvas Natural Timber mast (61 dia.) and frame 3m square. All umbrellas are to be inserted into metal posts installed by Council. Umbrellas must not overhang the area beyond the approved footpath allocated area. Footpath Seating for Restaurants 4 E3

5 Waverley Development Control Plan 2010 (c) (d) (e) (f) (i) (j) (k) (l) Furnishings are the responsibility of the proprietors and nonpermanent furnishings are to be removed and stored elsewhere outside of trading hours. Furnishings are to be kept in ordered groupings within the designated area for each establishment. Furniture must be of a high structural and aesthetic quality. Furniture must be durable to the natural elements and designed for commercial use thus, water proof and weather proof. Seats and tables may be of timber, aluminum, stainless steel or powder coated. The use of bulky single piece molded plastic / resin furniture is unacceptable. Stainless steel table tops finish edges must be rolled and folded 80cm diametre or 80x80 square top. Table frame with polished aluminium base, anodised polished tubular aluminium column must have a minimum weight of 4.55kg. The maximum recommended table size is 800mm x 800mm. Furniture must be safe. Particular care should be taken with moving parts to ensure they are not hazardous. Furniture must be easily cleaned. All furniture must be of colours which do not show dirt or grime easily, white is discouraged. Furniture in the Oxford Street Mall and Waverley Street, Bondi Junction must comply with Appendix E Accessories Generally accessories such as enclosures, screens, bollards, planters, music or amusement machines and lighting will not be permitted. Menu boards are to be transportable, kept within occupied areas at all times and not obstruct pedestrian through-fairs. 3.6 Health and Safety The proprietor is to ensure that the requirements of the Australia and New Zealand Food Standards Code are fully met and area used is kept clean and free from litter and rubbish. The proprietor of the restaurant is responsible for maintaining and storing furniture, ensuring furniture is kept neat, clean and tidy. In addition, smoking is prohibited within all approved footpath seating spaces. 3.7 Advertising Advertising on umbrellas is only permitted consistent with the template design in Annexure E3-2 and only in Bondi Junction. Advertising on umbrellas is prohibited in all other locations. 3.8 Hours of Operation/Noise Impacts The hours of operation of the licence area can not be greater than the general operation but may be equal to or less than those operations. Council will determine the hours of operation for specific licensed areas consistent with Part E1. Footpath Seating for Restaurants 5 E3

6 Waverley Development Control Plan 2010 Footpath seating will not be approved if the proposal is of a scale that noise generated will have a significant adverse effect upon nearby residential properties. 3.9 Car Parking Additional parking spaces for footpath seating is not required Insurance Proprietors of the restaurant are to maintain a minimum $10 million public liability insurance to cover utilisation of the footpath and provide evidence with their application and whenever requested by Council Footway Plan Applicants must display a copy of the Footway Plan in the front window of the restaurant prior and throughout the use of the approved area for restaurant. The extent of the footpath licence will be designated on the pavement by a form of marker appropriate for the location at Bondi, Bronte and other areas as determined by Council Cleaning and Maintenance The proprietor is responsible for ensuring that regular litter patrols be carried out three times a day (at 10:00am, at 3:00pm, and at 10:00pm or closing time) within a 50 metre radius of the premises to collect and dispose of litter and including footpath to gutter litter cleaning. Litter patrol documentation in the form of a clean-up roster must be kept on site at all times and provided to Council when requested. Litter patrols shall be detailed in the Site Waste Management Plan. 4.0 DESIGNATED FOOTWAY RESTAURANT AREAS (a) (b) (c) (d) Oxford Street Mall Bondi Junction Refer to Figure 1 (Annexure E3-1) for area locations. Waverley Street Mall Bondi Junction Refer to Figure 2 (Annexure E3-1) for area locations. Bronte Road Bronte Beach Refer to Figure 3 (Annexure E3-1) for area locations. Campbell Parade and Roscoe Street Bondi Beach Refer to Figures 4 to 7 (Annexure E3-1) for lease area locations. 5.0 APPROVALS 5.1 Maximum Permissible Period The maximum permissible period for an approval is seven years under Section 125 of the Roads Act Council may elect to approve a lesser period of time where it is of the opinion that the use of the footpath may cause detrimental impacts on the amenity of the area. The approval period will be determined by a condition of consent. Footpath Seating for Restaurants 6 E3

7 Waverley Development Control Plan 2010 The recommended approval period under this Part is a maximum of 24 months (2 years) inclusive of a 6 months trial period and report to Council if any complaints are received during the trial period. A set start and finish date will apply to all approvals. 5.2 Breaches of Consent Council may terminate or vary an approval granted under the Roads Act 1993 to maintain and preserve the amenity of the area. If payment is not received by Council on the first day of each month, approval is considered to have lapsed until payment. In the interim, an infringement notice may be issued for footpath obstruction without approval. Footpath Seating for Restaurants 7 E3

8 Annexure E3-1 Designated Lease Area Locations Figure 1 - Oxford Street Mall, Bondi Junction Note: refer to Oxford Street Mall Bondi Junction Concept Plan for further information

9 Figure 2 Waverley Street Mall, Bondi Junction

10 Figure 3 Bonte Road, Bronte Beach

11 Figure 4 Campbell Parade, Bondi Beach (Lamrock Avenue to Hall Street)

12 Figure 5 Campbell Parade, Bondi Beach (Hall Street to Roscoe Street)

13 Figure 6 Campbell Parade. Bondi Beach (Roscoe Street to Curlewis Street)

14 Annexure E3-2 Furniture Controls for Campbell Parade and Roscoe Street, Bondi Beach Style: Samarkand 300 Acrylic canvas Natural Timber mast (61 dia.) and frame 3m square Note: Umbrellas to be inserted into metal posts installed by Council. Stainless steel table top finish edges rolled folded 80cm 80x80 square top (TBA); Table frame polished aluminium base, anodised polished tubular aluminium column 4.55kg Annexure E3-3 Furniture Controls for Oxford Street Mall and Waverley Street, Bondi Junction Logo Placement on Casablanca Café Umbrellas Figure 12 shows where to place a logo on Casablanca Café Umbrellas for Bondi Junction. Any layouts using Bondi Junction brand / any alterations to the application of the brand must be authorised.