State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Outdoor dining—general pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.40C Specified development (1) The use of public land or private land as an outdoor dining area is development specified for this code if the use is associated with lawful— (a) artisan food and drink industries, or (b) farm gate premises, or (c) food and drink premises. (2) To be exempt development, the development must not— (a) be carried out on land— (i) in a conservation zone or in Zone E5 Heavy Industrial, or (ii) in a place of Aboriginal heritage significance identified in a local environmental plan, or (b) be associated with a registered club. (3) This Subdivision does not apply to development to which Subdivision 20A applies. (4) In this clause— public land has the same meaning as in the Local Government Act 1993 and includes Crown land within the meaning of the Crown Land Management Act 2016 . cl 2.40C: Ins 2021 (597), Sch 1. Am 2023 (695), Sch 1[1] (am 2023 (704), Sch 1[1]) [2]; 2024 (42), Sch 1.39[7]; 2025 (528), Sch 1[7]. 2.40D Development standards (1) The standards specified for the development are— (a) the development— (i) must not be located on a rooftop of a building, and (ii) must not cause offensive noise, within the meaning of the Protection of the Environment Operations Act 1997 , or other nuisance that affects adjoining owners, and (iii) must not contravene an existing condition of the most recent development consent, other than a complying development certificate, that applies to the associated premises relating to hours of operation, maximum capacity of patrons, waste management, food safety and pollution control, and (iv) must not restrict vehicular or pedestrian access to or from, or entry to a building on, the land on which the development is located, and (v) must not reduce the existing access to the associated premises, or car parking spaces provided for the associated premises, for people with a disability, and (vi) if carried out on land otherwise used for the purposes of a car park—must be designed to ensure pedestrian and patron safety, and (vii) if located at ground level (existing)—must provide a direct exit from the outdoor dining area to open space or a road, and (viii) must not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (ix) despite subparagraph (iii), may exceed the maximum capacity of patrons permitted under the development consent— (A) for development carried out in a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202B—by up to 30%, with a maximum of 100 additional patrons, or (B) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of up to 100 patrons—by up to 20%, or (C) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of over 100 patrons—by up to 15%, with a maximum of 50 additional patrons, and (b) at the end of the use the land must, as far as practicable, be restored to the condition in which it was before the commencement of the use. Note— Other legal requirements for the consent of the owner of the land and for approvals, licences, permits and authorities still apply. This includes, for example, a requirement for an approval under the Local Government Act 1993 , section 68. (1A) Despite clause 2.32J(1)(j), the erection of a tent or marquee associated with farm gate premises must comply with clause 2.118. (2) In this clause— associated premises means the food and drink premises, farm gate premises or artisan food and drink industries with which the development is associated. cl 2.40D: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[4]; 2023 (695), Sch 1[4] [5]; 2025 (528), Sch 1[8]–[10]. 2.40E cl 2.40E: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[5]; 2022 (321), sec 4(1). Rep 2023 (695), Sch 1[6].