Before completing this document it is recommended that you read the requirements of Moreland’s “Private and Commercial Use of Public Space Policy” and “Footpath Declared Area Guidelines” – Refer to the Moreland Website:
Site for footway occupation
Trading nameSite address
Suburb / Postcode
Business Phone / Mobile
Description of business
Hours of operation
Applicant Details
Applicant Name(in full)
Company name
Address of applicant
Suburb / Postcode
Phone / Mobile
YOU MUSTPROVIDECOPIES OF THE FOLLOWING DOCUMENTS
(YOUR APPLICATION WILL NOT BE PROCESSED WITHOUT THE REQUIRED DOCUMENTATION)
/Copy of current valid Public Liability Insurance Policy that must contain your Policy Number, minimum coverage of $10million and current expiry dates:
For all provisions please refer to Section 4:15 “Insurance Requirements” of the Private and Commercial Use of Public Places Policy
/Copy of plans showing placement of items on footway, where applicable:
For all provisions please refer to Section 4:18 “Application Requirements” of the Private and Commercial Use of Public Places Policy
Copy of your Liquor Licence and details of your red zone, if/where applicable:
For all provisions please refer to the Liquor Licensing Commission or Councils Planning Department
HOW MUCH DOES IT COST?
Details of Councils fees and charges effective for this financial year are available on the Moreland City Council Website ( or by contacting Council on 03 9240 1111
WHAT HAPPENS NEXT?
Once your application has been received your property will then be inspected by a Local Laws Officer for approval. After the officers determination is given and if approved, an invoice will be sent out to you to then make payment of the prescribed amount for the approved items.
Upon receipt of payment, a Permit will be issued and posted to you for display on your shop front window.
Number and type of Items to be placed on footway
A board(max 1) / Removable Screens
Tables / Heaters
Chairs / Benches
Umbrellas / Number & Type of Goods
E.g. flowers,clothes, racksetc
Please provide (if available)the design of tables and chairs and of any proposed advertising (example brochure or photographs)
If A-board permit required please complete the following:
FRONTBACK
DECLARATION
Council respects all personal and confidential information you give and will do everything possible to protect information from unauthorised access, loss or misuse. Information collected from you is required for the delivery of Council services in accordance with Council’s powers, functions and purposes under the Local Government Act 1989 and other relevant legislation. It may also be used by Council to conduct research and customer satisfaction surveys so that we may better understand community needs and can improve service delivery. Should you need to change or access your personal details, please contact Customer Service on 9240 1111
I______(please print) understand that the information provided above will be used in accordance with relevant legislation and declare that this information is correct to the best of my knowledge.
Date ...... …...... …......
Signed by applicant
Changes to Moreland’s Footpath Guidelines
Questions and answers
Moreland City Council’s new footpath policyFootpath Declared Area Guidelines(called Guidelines in this document)provide a safe, clear travel path for all footpath users.
The Guidelines were developed to meet the Federal Government’s Disability Discrimination Act 1992. The Guidelinesfollow footpath policies adopted by other metropolitan municipalities.
Important changes
Goods, tables, chairs or advertising signs are not permitted along the property line, instead, subject to a Council permit, these items must be placed toward the kerbside.
The Guidelines divide all footpaths into three zones, (look at Figure 1 below).
The zones are:
- Pedestrian zone
- Kerbside zone
- Trading zone including the permit zone
Figure 1 – footpath zones
The Guidelines came into force from 3 May 2010.
How much space do I have to leave for pedestrians?
The answer depends on how wide your footpath is. Look at Table 1below.
Table 1 – zone limits
Pedestrian zoneCircumstances / Distance from property line
Footpath Less than 3.5m wide / 1.5m
Footpath 3.5m and wider / 1.8m
Kerbside Zone (regardless of footpath width)
Circumstances / Distance from face of kerb
Adjacent to parking space for people with disabilities / 1.5m
Adjacent to a loading zone / 0.7m
In all other cases / 0.4m
Permit zone (regardless of footpath width)
In from the projected property line in front of each business / 0.5m
From any defined pedestrian crossing / 3.0m
From all fire hydrants, exit doors, hose reels, boosters and other emergency equipment / 1.0m
From the approach side of any tram stop / 5.0m
From all Council litter bins, public seats, payphones, bicycle stands, mailboxes and other infrastructure accessed and used by the public / 1.0m
What if I can’t leave enough pedestrian space on the footpath?
A permit will not be issued.
What is a permit zone?
A permit zone is an area within a trading zone. It is 500mm from the property line in front of each business(look atFigure 2). Apermit may be given for display of goods, furniture and moveable advertising signs.
Figure 2 – permit zone
What other restrictions are there?
To give pedestrianswalk through access you must leave a 0.5 metre gap for every 5.0 metre length of your permit zone.
What if I have a corner block?
The area you can trade instarts 5 metres from the kerb line at the intersection, (look atFigure 3).
If you currently have a permit and your tables and chairs are less than 5 metres from the kerb line at the intersection you have two options.
Option 1 – Move your street furniture so itagrees with the rules of your permit.
Option 2 – Fill in Council’s Transport Development Unit application (visit to download the application) for a safety risk assessment (an application fee applies).
Council’s traffic engineers risk assessment will determine the set back of your permit zone from the intersection.
Figure 3 - Clearances at intersections (not to scale)
What items can be put in the permit zone?
If you have a permit and following the Guidelines you may place these items within a permit zone:
- tables and chairs
- umbrellas
- outdoor heaters
- screens
- moveable advertising signs
- planter boxes
- goods
What if I already have a permit?
Check the expiry date on your permit.
Permits issued under these new guidelines have an expiry date of 30 June each year.
If your permit has an expiry date not in line with the current period then your permit is no longer valid. You must apply for a new permit as soon as possible.
Council officers will help you make any changes needed within the Guidelines. If the changes cannot be made then your permit is not renewed.
What if I do not have a current permit?
It is your responsibility to make sure all required permits are current. If you have street furniture, display or advertising on the footpath and you do not have a Council issued permit for these then you will be charged penalty costs.
To avoid penalties lodge an application for a Footpath Occupation Permit with Council
Any business that does not have a permit or permit application will be asked by a Council officer to remove goods or furniture by the end of the business day. These cannot be put out until the permit is approved.If Council officers find any goods or furniture out on the footpath after this warning has been issued, the proprietor will be fined $200and goods may be impounded.
What if I add to or take away some of my street furniture?
You only pay for what you have. If you change your street furniture thenyour permit must be changed. Contact Council and they will update your permitand send you an invoice for the permit adjustment.
Can I leave items out all the time?
No. Unless written on the permit, furniture, goods and any other items are only allowed to be put out on the footpath permit zone:
7 am to 11pm Sunday to Thursday; and
7 am to midnight Friday and Saturday.
Can I put out any type of furniture or goods?
No. Any street furniture, display or advertising put on the footpath permit zone must meet the design requirements written in the Guidelines.
What about protecting my furniture or goods from the weather?
The use of screens, blinds and overhead protection (subject to a Building / Planning Permit) can protect your customers. See the Guidelines for more information.
Can I attach screens into the footpath?
No, fixed screens will not be approved by Council.
Can I have street bins, bike racks etc. moved?
No, these items are set and cannot be moved.
Do the Guidelines apply to private property e.g. private shopping malls?
No, the Guidelines apply only to public places.
If I sell my business can I pass my permit over to the new business owner?
No, issued permits are onlyfor the current business owner. A new business owner must fill in a new permit application.
How much does a permit cost?
Visit Council’s website to find out the current fees and charges for this year. These fees and charges are under review and are subject to change.
What is a waste management plan?
A waste management plan shows how you control any rubbish that results from you using the footpath area. This may include food scraps or food wrapping, plastic or paper products, etc.
Under the Guidelines all permit holders must now give Council a waste management planthat Council agrees to. Some businesses do not produce any rubbish, so their waste management plan would say this.
A waste management plan (when required) must include:
- The number of each type of bin (garbage and recycling) used including how the number of bins is worked out.
- The storage area and bin location.
- The method, time and how often the garbage and recycling bins are collected.
- How staff and patrons are told of the waste management arrangements.
It is an offence to use Council’s street bins for commercial rubbish.
Can I advertise on signs?
Under the Guidelines you can apply for a permit for a moveable advertising sign. There are requirements for the number, design, construction, and location of moveable advertising signs.
For instance an advertising sign must not exceed 1.0 metre in height and 600 mm in width and must be of an ‘A’ or ‘T’ frame construction.
In the case of fixed advertising signs in a public place, a Local Laws permit is required.
In some cases, such as areas where a Heritage Overlay exists, you may be required to obtain a planning permit. You should always check with Council’s Urban Development Branch prior to proceeding.
What other conditions apply?
It is recommended you visit Council’s website to find out what additional requirements may apply.
Please note that the Footpath Declared Area Guidelines must be read in conjunction with Private and Commercial Use of Public Places Policy.
If you have any further queries regarding applying for a Footpath Trading Permit please contact Councils Urban Safety Department on 03 9240 1111 or via email
D10/61630Amended August 2017