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

(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 (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.