Sutherland Shire Council encourages the use of public places for outdoor dining as a means of stimulating business growth.

To apply for permission for a café or restaurant to use Council's footpaths for outdoor dining, you should complete an Outdoor Dining Permit application with the following information:

  • A plan showing the proposed outdoor dining area
  • A copy of your current public liability insurance certificate for a minimum cover of $10 million
  • A copy of the Development Application (DA) approval for the business.


Approved outdoor dining areas are dependent on the width of the footpath in front of your property and the surrounding buildings and structures. Approval is provided to applications that allow the safe and free movement of pedestrians along the footpath and can comply with Council's Outdoor Dining Policy - PDF - 271 KB.

For an outdoor dining area under an awning to comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), the awnings must be structurally adequate and compliant with the Building Code of Australia Volume 1 Section B1P1 and B1P2.  Awnings are part of the building and are the responsibility of the owner of the building.  You can find out more here.

Your application will be processed within 14 days.

Apply for Outdoor Dining Permit


Eligible businesses must pay fees to use the footpath next to their property. Business owners can pay this fee yearly, quarterly or monthly. These fees are based on the size of your approved area and the location of your business. Visit our Fees and Charges for square metre costs.

All businesses will pay a refundable security deposit equal to 3 months' rental and a $325 application fee. You will receive an invoice when your application is processed.

Permit conditions

Businesses have permission to use their outdoor dining area within the hours of their DA conditions, or between 7:00am-10:00pm, whichever is earlier.

Approvals are issued for up to a 12-month period. Renewals are sent at the end of each financial year.

Search for your development consent conditions using our DA Tracker

Furniture in outdoor dining areas must follow Australian Standard 1170. Chairs, tables and umbrellas must be in good condition and meet the look and feel of the area.