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New Footpath Trading Guidelines

Council agreed to adopt new Footpath Trading Guidelines on 16 June 2010. The Guidelines will help balance the many uses of our footpaths including pedestrian accessibility and safety, footpath dining, business trading prosperous local economy.

The Guidelines provide more specific standards for pedestrian zone widths, kerb zone widths, outdoor furniture, heaters, awnings and footpath signage, and ensures Disability Discrimination Act compliance.

Council conducted a widespread consultation with residents and traders in preparing the new Guidelines. We’ve listened to what the community has said, and we believe we’ve found the right balance between the many uses of our footpaths.

Council will work with businesses to ensure a smooth transition and we will allow up to a 12 month period for traders to comply with the changes in the new Guidelines.  Some traders may believe they have special circumstances and should have a variation from certain sections of the Guidelines. If this is the case they can request a review by the Council’s Footpath Trading Panel, who will consider their circumstances.

In order to commence the permit renewal process and ensure traders have valid permits for 2010/2011, Council sent permit renewal notices in late May 2010. Council will review all permits with traders against the new Guidelines from July to December 2010.

The new Guidelines can be accessed here

A final designed version is under preparation.

Relevant documents

 

Background Information

 

Main changes

The main changes are as follows:

  • Clarification of the 6 priorities for footpath trading as: public safety; accessibility for all; balancing a prosperous local economy with residential amenity; vibrant street life; attractive streetscape and leisure opportunities.
  • Clearer standards in some areas in relation to pedestrian zone widths, kerb zone widths, clearances from intersections, clearances for public transport infrastructure, requirement for delineation markers, display of goods height and width, A boards and planters.
  • Clarifying kerb zone width of 1200mm for angle parking and allowing a variation for Ormond Road Elwood and Blessington Street St Kilda of 700mm following further investigation of footpath and traffic conditions. Introducing compulsory socket and sleeve systems for some removable screens and all umbrellas.
  • Ensuring (Disability Discrimination Act 1992) DDA compliance by ensuring footpath trading allows for a continuous accessible path of travel along the building line but allowing some flexibility on a site-by-site basis for certain situations where there is a broader community safety issue or an alternative building line can be provided.
  • Introducing a smokers’ area and managing footpath queuing for licensed venues.
  • Clarifying standards for outdoor heaters and aiming to reduce their environmental impact.
  • Following outdoor furniture to remain securely stacked within the trading zone at the end of footpath trading time until the close of business.
  • Clarifying the appeals process (permit amendment) and the special circumstances whereby a variation to the guidelines could be permitted.
  • Clearer enforcement approach to non-compliance with permit conditions.    

Next steps

1 July 2010 revised guidelines implemented
30 June 2011 end of transition period  

Council will work closely with businesses to ensure a smooth transition to the new guidelines. For more information email: footpathtrading@portphillip.vic.gov.au or phone 9209 6777.

Frequently Asked Questions

How did council consider submissions?
Council considered all the submissions before it decided on the final guidelines. There was a report to the council and submitters were able to address the Council at the council meeting.

How will the council work with traders to implement the new footpath trading guidelines?
Council believes we have improved the footpath trading guidelines. Council will work with traders to help them prepare to adjust to any new arrangements and to create individual implementation timelines / plans.

Why did council change the guidelines?
Footpaths are shared public space. Council guidelines are about making them safe and accessible for all users. It was appropriate to review the guidelines. The last review was in 2004.

How will the new Guidelines be phased in?
Council adopted the new Footpath Trading Guidelines on 16 June 2010. All permits for 2010/2011 will  be reassessed to comply with the new footpath trading guidelines. These assessments will occur between July 2010 and December 2010.