Footpath Seating Permits

Footpath seating – also known as outdoor or alfresco dining – allows cafés, restaurants and bars to create vibrant, welcoming spaces by placing tables and chairs on the public footpath outside their venue. These outdoor areas help bring life to our streets, encourage people to stop and connect, and support local businesses.

Because footpaths are public land, businesses must hold a valid Footpath Seating Permit from Waverley Council before placing any furniture outside. The permit process ensures our shared spaces remain safe, accessible and fair for everyone.

Waverley’s Footpath Seating Policy and Guidelines (FSPG) outline who can apply, the design and location requirements, and the fees involved. Whether you’re looking to expand your dining area or enhance your customers’ experience, a permit helps you do so responsibly and in line with community expectations.

Key policy changes in 2025

Waverley’s Footpath Seating Policy and Guidelines (FSPG) has been updated for 2025 to make it simpler, clearer and more flexible for local businesses.

The new, stand-alone policy replaces Part D2 of the Waverley Development Control Plan (DCP) and introduces easier applications and clearer requirements, better trading hours, and greater flexibility in design and layout.

Key changes are outlined below:

The application form has been updated for simpler completion. You are no longer required to submit a detailed seating plan – only a site plan and footpath seating area plan.
Updated controls and new example diagrams now apply to designated areas in Bondi Junction, Bondi Beach and Bronte Beach.
Longer and consistent trading hours for every day of the week: 6:00 am–10:00 pm for Local, Commercial and Mixed-Use Zones or 7:00 am–9:00 pm for Low & Medium Density Residential Zones. Check what zone your business is in using the ‘Planning Map’ in Waverley LGA Maps.
Reduced setbacks from kerbs and corners – some businesses may now be eligible for larger footpath seating areas.
No minimum size requirements for furniture or need for a dedicated waiter’s station.
Slight umbrella overhangs beyond the seating area now permitted.
Unlicensed premises without access to sanitary facilities may apply if the area accommodates fewer than 19 patrons.

Eligibility

You can apply for a Footpath Seating Permit if you:

Operate a food or drink business such as a café, restaurant, takeaway, pub or small bar.
Have a valid Development Approval (DA) or Complying Development Certificate (CDC).
Your business is directly adjacent to the footpath area you wish to use.


	Note: Please note that special controls apply to classified roads (see section 1.3 in FSPG) and designated footpath seating locations (see section 5 in FSPG). If the area you wish to use for outdoor seating is located within 3 metres of a bus stop or taxi stand, you will need to submit a Development Application. However, please contact Council’s Duty Planner in the first instance.

What you’ll need before applying

Before submitting your application, make sure you have:

Your Development Approval (DA) or Complying Development Certificate (CDC).
A site plan showing where your property sits on the street.
A footpath seating area plan – to scale, showing the seating area, kerb, parking spaces, pedestrian or vehicle crossings, bus stops, bins, trees, etc (seating and tables are not required).
Photos or brochures of furniture, including tables, chairs, umbrellas, heaters and barriers (see section 3 in FSPG for more information about design requirements).
If serving alcohol, a liquor licence and Plan of Management.

Fees and Charges

All Fees and Charges can be found on the application form (page 6).

Fee Type	Description
Application fee	One-off; paid before assessment starts
Notification and Advertising fees	One-off; paid before assessment starts
Bond	One-off; paid upon approval and refunded at end of permit; equivalent to 3 months’ footpath seating fees
Rental fee	Paid monthly; based on location and m²
Umbrella surcharge	5% per m²; paid monthly
Public Liability Insurance ($20M minimum)	Paid annually

Fees may increase each financial year in line with Council’s Fees and Charges.

How to apply

Read the Footpath Seating Policy and Guidelines.
Download and complete the application form.
Email your application along with supporting documents to planningcounter@waverley.nsw.gov.au.

What happens next

Council will review your submission and contact you if more information is required or to request payment of the application fee – this must be paid within 48 hours.
Your application will be advertised for 14 days to notify the public and neighbours.
If your application is approved, you’ll receive a permit and seating plan outlining your approved area and conditions.
You must display your permit in the front window of your business.
See section 4 of FSPG for more information about operating conditions.

Useful resources

Footpath Seating Policy and Guidelines (2025)
Application form (including checklist)
Sample application form
Frequently Asked Questions – Footpath Seating

If your question isn’t answered in these documents, email duty.planner@waverley.nsw.gov.au.