GENERAL PROVISIONS FOR FOOTPATH MANAGEMENT Footpath Trading and Access Guidelines
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GENERAL PROVISIONS FOR FOOTPATH MANAGEMENT
Footpath Trading and Access Guidelines
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Index
......................................................................................................................................................................
1 GENERAL PROVISIONS FOR FOOTPATH MANAGEMENT ..................................................................... 3
2 FOOTPATH ZONES AND REQUIREMENTS ............................................................................................ 4
3. DESIGN GUIDELINES FOR SPECIFIC FOOTPATH ITEMS ........................................................................ 5
3.1 Tables and chairs................................................................................................................................ 5
3.2 Screens and windbreaks .................................................................................................................... 5
3.3 Umbrellas & Retractable Blinds ........................................................................................................ 6
3.4 Heaters ............................................................................................................................................... 6
3.5 Ashtrays .............................................................................................................................................. 6
3.6 Advertising on umbrellas, screens and other furniture ................................................................... 7
3.7 Display of Goods ................................................................................................................................ 7
3.8 Portable Advertising Boards, Signs and Flags ................................................................................... 7
3.9 Planter boxes ...................................................................................................................................... 8
4 MANAGEMENT AND RESPONSIBILITIES .............................................................................................. 8
4.1 Permit Holders responsibilities ......................................................................................................... 8
4.2 Council Responsibilities ..................................................................................................................... 9
5 TO OBTAIN A PERMIT .......................................................................................................................... 9
5.1 Application ......................................................................................................................................... 9
5.2 Approval in Principle .......................................................................................................................... 9
5.3 Issue of Permit ................................................................................................................................. 10
Appendices ............................................................................................................................................... 11
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1 GENERAL PROVISIONS FOR FOOTPATH MANAGEMENT
1.1 Existing Public Infrastructure The following minimum clearances are to be provided at existing public infrastructure and street furniture:
1.0 metres clearance from public utilities such as public seats, rubbish bins, bicycle racks, pay phones and fire hydrants;
0.5 metres clearance from public utilities such as sign posts, poles, bollards, underground pits, back of seats and planter boxes; and
2.0 metres clearance from pedestrian crossings, vehicular crossings, front and rear of bus stops and street trees.
Existing public utilities will not be altered or relocated at Council’s cost to allow a footpath- trading permit to be granted.
1.2 Noise
A footpath trading permit does not authorise the business to spruik or emit undue noise on
or from the footpath.
1.3 Footpath Trading Restrictions
Generally, permits will not be issued for a business to occupy the trading zone outside
adjoining premises not under the control of the permit holder.
Permits will not be issued for footpath trading in locations adjacent to equitable access parking bays designated for the disabled where the trading zone adjoins the kerbside zone.
1.4 Delineation of Permit Boundaries
Markers installed in the footpath by Council at the permit boundary corner-points will delineate each permit area.
1.5 Requirement for Bollards to be installed behind the Kerb
Council, at its discretion, may require bollard(s) to be installed in the kerbside zone as a condition of permit, where it considers patron or pedestrian safety may be compromised by the permit being issued. An example where this may apply is where adjacent kerbside angle parking is present and conditions are such that the risk for a wayward vehicle to overshoot the kerb and enter the trading or pedestrian zones is increased by an unacceptable amount.
Where required, Council will install the bollard(s), to its specification, at the permit-holders expense.
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2 FOOTPATH ZONES AND REQUIREMENTS
2.1 Footpath Zones The space available on footpaths in the activity centres has been zoned for specific usage to provide a clear and unobstructed footway for pedestrian access. The four zones are:
• Pedestrian Zone • Trading Zone • Kerbside Zone • Access Zone
2.1.1 Pedestrian Zone Adequate unimpeded space must be provided for pedestrian traffic at all times. This space is for the exclusive use of pedestrians and must remain free from any obstruction. The width of the pedestrian zone in locations within the Activity Centre has been determined following assessments of each location. Factors taken into account in determining pedestrian and other zone locations and widths on a footpath are described in Clause 2.1.5 - Zone Configuration. The widths of pedestrian zones in the centres are specified in the appendices to this policy.
A minimum clear unimpeded height of any fixture, sign or temporary cover overhanging the pedestrian zone of 2.4 metres is to be maintained immediately above the footpath surface of the pedestrian zone. The exception is any blind or sign that has a current building permit allowing it to be less than 2.7 metres above the footpath.
2.1.2 Trading Zone This zone is the only area of the footpath where commercial activity will be permitted. The widths of trading zones and their positions on the footpath at each centre are specified in the appendices to this policy. Applicants for permits must be able to demonstrate that activities proposed can be comfortably contained within the available trading zone space. 2.1.3 Kerbside Zone The kerbside zone is the space on a footpath adjacent to the roadway kerb set aside to allow persons access to and egress from parked motor vehicles and to accommodate pedestrians crossing the road, vehicle overhang, vehicle loading and unloading, public utilities, etc. The width of the kerbside zone may be varied in exceptional circumstances. No trading items are to be placed in the Kerbside Zone.
2.1.4 Access Zone Where trading zones are permitted, regular breaks along the continuous length of the trading zone must be provided to allow regular pedestrian access between the pedestrian and kerbside zones. Generally, access breaks will be located at maximum intervals of six (6) metres along the length of footpath and will be at least one (1) metre in width. Spacing for access breaks will be determined with each application. 2.1.5 Zone Configuration The location of a trading zone on a footpath will be influenced by the ability for a clear, continuous and safe passage for pedestrians to be maintained. Assessments will be conducted for any apparent hazards that may exist or be created in permit applications. All items to be placed in a trading zone should complement the immediate environment and enhance the streetscape generally.
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Factors that may influence a zones configuration on a footpath are:
Pedestrian generators and pedestrian volumes anticipated in a location;
Extent and type of kerbside parking permitted;
Kerb-type present (i.e. standard v. mountable);
Traffic volumes and the speed of traffic using the adjacent roadway;
Anticipated vehicle noise and pollution;
Business types and any special access requirements approved for those businesses;
Footpath widths available;
The presence of physical barriers on a footpath;
The presence of fixtures, obstacles or physical barriers that may restrict the availablespace; and
Any other matter that needs to be taken into consideration.
The effects that these factors have on the safety of users of footpaths in designated activity and neighbourhood centres need to be considered.
3. DESIGN GUIDELINES FOR SPECIFIC FOOTPATH ITEMS
3.1 Tables and chairsAll furniture is to comply with the following requirements and requires approval by Councilprior to a permit being granted.
Furniture must be constructed of high quality materials that are safe, durable andwindproof. The furniture must have a contrasting colour to the background aroundit. The use of all-plastic furniture that may be displaced in windy conditions is notacceptable;
Chair legs must not extend beyond the chair to the extent that they create atripping hazard;
When assessed as necessary, durable rubber/plastic tips must be fitted to the feetof café furniture to prevent footpath damage;
Furniture and equipment used is to be of a style and appearance in keeping withthe area and where Council urban design guidelines exist, to be of design andcolour to meet those guidelines;
No chair is to back onto a pedestrian zone unless a suitable screen or windbreak is inplace to prevent the chair from infringing into the pedestrian zone;
Consumption of alcohol in a permit area is only permitted where the permit holderhas a current liquor licence for that trading zone; and
Where the total number of seats (including both inside the premises and on thefootpath) exceeds 20, toilet facilities in accordance with the Building Code ofAustralia must be provided.
3.2 Screens and windbreaks Suitable barriers and screens are desirable to better delineate a permit area. Barriers and screens must: Fit within the permit area with no part protruding outside of the area; Be attractive and of sturdy construction; Be fitted with suitable bases to stabilise barriers or screens. Base plates and/or
anchor bags must not protrude into the pedestrian, kerbside or access zones so as tocreate a tripping hazard. Alternatively, where conditions allow them, sockets may
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be permitted into the footpath to insert barrier and screen sleeves. Where approved, the sockets will be supplied and installed by Council, to its specification, at the permit- holders cost;
Be no greater than 1.0 metre in height. Perspex screens to a maximum height of 1.5 metres may be approved in special circumstances on a case-by-case basis. Where screens above 1.0 metres are approved, their design and construction will need to be approved by Council prior to a permit being issued; and
Be demountable and removed from the footpath when the permit holder’s business is closed to trading.
3.3 Umbrellas & Retractable Blinds
Portable commercial type umbrellas or retractable sunblinds may be permitted within a trading zone where overhead weather protection is not available. Where permitted, these must:
Be robust and sturdy;
When opened, have a minimum height clearance of 2.4 metres above the footpath level immediately below it. A minimum height clearance of 2.2 metres is permissible for portable umbrellas;
For umbrellas, be secured at all times in a suitably designed base for stability. The base must not cause a tripping hazard for pedestrians or patrons. Council may approve sockets to be permanently installed into the footpath to secure umbrella poles where conditions are assessed as suitable. Where approved, the sockets will be supplied and installed by Council, to its specification, at the permit-holders cost;
Be closed, removed or retracted during gusty winds and/or stormy conditions; and
Be attractive and suitable for the surrounding urban environment.
3.4 Heaters
Where heaters are to be installed, they must be approved as part of the Trading Permit;
Heaters must be located within or over the permit area and where gas fired, comply with Australian Standard AS1956 and be installed and certified by a qualified gas fitter; and
At all times during the operation of gas heating, at least one staff member trained in the safe usage of the gas heaters must be present and readily available at the premises in the case of an emergency or malfunction
3.5 Ashtrays
Legislation prohibits smoking under roofed areas (including on footpaths) where 25% or less of its perimeter is open to the atmosphere. Where legislation allows smoking in a designated permit area, tables are to be provided with a stable ashtray that will not be dislodged during gusty winds; and
The permit holder is responsible for the regular clearing and lawful disposal of ashtray contents
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3.6 Advertising on umbrellas, screens and other furniture
Tables and chairs are not to display any commercial advertising, other than standard manufacturer’s information;
Screens, windbreaks, umbrellas and retractable blinds are not permitted to display commercial advertising on more than 50 percent of their external surface area; and
In all cases where advertising is to be displayed, details of proposed signage are to be submitted with the Application for Permit. A planning permit may also be required.
3.7 Display of Goods
All furniture used to display goods must be constructed of high quality materials that are safe, durable and windproof. Furniture is to be attractive and of style and appearance in keeping with the area and any urban design guidelines applicable. The furniture must have a contrasting colour to the background around it;
Furniture must be stable on lockable wheels and contained within the designated trading area at all times while on the footpath. Displays are not to be placed in positions or in ways that pose a safety risk to the public;
Displays are not to be fixed to any part of a building or the street infrastructure;
Displays (including furniture used for display and displayed goods) must be no greater than 1.5 metres in height above the footpath;
Goods must be sufficiently secured and contained on or in approved furniture or equipment that is not easily displaced by pedestrians or adverse weather conditions;
Food items for human consumption displayed in a trading zone must conform to all applicable Food Safety standards and be placed at a minimum height of 900mm above the footpath;
The display in a trading zone of white-goods and other household appliances and furniture is not permitted; and
Goods must not be hung from shopfronts, verandas or awnings.
3.8 Portable Advertising Boards, Signs and Flags
Only one (1) permit for each premises will be issued for display boards or signs or flags. For the purpose of this policy, “premises” means “land and buildings on a parcel of land that is/are in one ownership but does not include arcades”. Where more than one tenant or occupier operates from a premises, the display board or sign or flag is to be shared by all tenants and/or occupiers. Where necessary, priority will be given to those tenants who do not have a shop-front abutting the particular footpath.
Display boards, signs and flags are restricted to placement in the designated trading zone in front of the premises to which the permit is issued. All displayed items must:
Be well designed and finished, attractive, clearly visible, free from sharp edges or hazardous parts, self-supporting and stable;
Be sufficiently weighted to withstand tipping or being dislodged by pedestrians or gusty winds;
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Not be attached to any part of a building or the street infrastructure;
Be regularly maintained; and
Be clearly visible and suitably illuminated by an overhead light when trading hours extend between sunset and sunrise.
Display boards and signs must:
Be no greater than 1.0 metres high or 600mm wide; and
Not contain or display any powered illuminations (whether steady, flashing or revolving).
Flags must:
Be vertical single-pole types;
Be no greater than 2.1 metres overall in height; and
Not extend outside of the trading zone when fully extended
3.9 Planter boxes
Where the placement of planter boxes is proposed, details must be submitted and placement approved as part of the trading permit application. Regular maintenance of approved planter boxes and their contents is the responsibility of the permit holder.
Where permission is given for temporary planters, the boxes must be removed from the footpath when the permit holders business is closed to trading.
4 MANAGEMENT AND RESPONSIBILITIES
4.1 Permit Holders responsibilities
The permit holder is responsible for:
Complying with this policy and meeting all of the Conditions of Permit;
Promptly cleaning up and legally disposing of all spillages, litter and waste resulting from their usage of the footpath. The adjacent pedestrian zone is also to be maintained in a clean condition;
Removing from the footpath all furniture, items and goods placed out in a trading zone when the permit holder’s business is closed to trading;
Ensuring that furniture including tables and chairs, items and goods placed out are contained within the permit area at all times during business hours;
Maintaining all furniture and ancillary items placed out on the footpath in a safe, clean and attractive condition;
Paying for the cost for Council to install permit area markers in the footpath to delineate the boundaries of the trading area, where required;
Paying for the supply and installation of bollards to Council specification where stipulated as a condition of permit for safety reasons;
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Paying for the supply and installation of footpath sockets where requested by the permit holder; and
Displaying the current permit sticker in the top left corner (when viewed from the street) of the front window or door of the premises to which the permit applies so as to be clearly visible from the footpath.
4.2 Council Responsibilities
Council will continue to maintain and manage designated activity and neighbourhood centres to the standards that apply had footpath trading not been a permitted use. From time to time, Council may require access to footpath areas for the purpose of maintenance, asset renewal or footpath activities such as festivals. In such cases, compensation will not be payable by Council to the permit holder for the loss of use of the permit area.
Service authorities have rights to place assets within the road reserve, including those areas where footpath trading has been permitted. Any disruption or financial losses to footpath trading resulting from a service authority accessing, installing, modifying or removing its assets from the street will not be compensated by Council.
Council will install markers in the footpath to delineate the boundaries of the trading area approved by the permit at full cost to the permit holder.
5 TO OBTAIN A PERMIT
5.1 Application
The applicant is to submit the following to Council:
A completed Permit Application Form;
A detailed site and/or layout plan (drawn to a scale of 1:100); The plan needs to show -
* the area of footpath to be occupied; and
* details of furniture, equipment and/or advertising boards/ signs to be placed on the footpath including size, colour schemes, signage, etc.
The prescribed amounts for application processing and permit (the permit fee will be refunded if a permit is not approved).
5.2 Approval in Principle
When Council Approval in Principle has been received, the applicant is to:
Submit a completed public liability indemnity form;
Ensure that Permit Holder’s Public Liability Insurance Policy fully covers their footpath trading activity outlined in their application; and
Where alcohol is to be served in the Trading Zone, submit a copy of the covering liquor licence and plan of the licensed area.
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5.3 Issue of Permit
The permit will be issued when all outstanding documentation and fees have been received and approved by Council. Permits are issued for a maximum of twelve (12) months. All permits require renewal annually.
Council reserves the right to suspend or cancel a footpath trading permit where -
Activities occurring or articles placed within the permit area are assessed as unsafe; or
Permit conditions are not being complied with.
Where access is required to public utilities within or under the permit area, the permit may be suspended for a stipulated period upon the Council giving 24 hours notice to the permit holder of the requirement for such access. The permit holder will have no claim for compensation where this provision is enacted.
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Appendices
Appendices to this policy are:
Appendix A: Signs, Goods, Tables and Chairs on a footpath or Council land Permit Conditions
Appendix B: Application Form to Place Signs, Goods, Tables and Chairs on Footpath - 1 July 2016 to 30 June 2017
CITY OF MONASH FOOTPATH TRADING PERMIT LAYOUT PLAN
Trading Name:
Premises Address:
Permit Number:
Scale: 1:100 (Divisions are at 0.5 metre intervals)
Notes: You are required to show to scale the following: 1. The area to be occupied by tables and chairs and any other fixtures or fittings2. The building line and/or shop front including side boundaries, doors, windows etc3. The footpath width to face the kerb, any existing street fixtures or fittings and pedestrianthoroughfare.4. The direction of North on the sketch drawing.5. For tables and chairs, allow widths of:
>0.8m for tables only;>1.2m for table with 1 chair;>1.8m for a table with chairs on opposite sides.
See overleaf for example
CITY OF MONASH FOOTPATH TRADING PERMIT EXAMPLE LAYOUT PLAN
Trading Name: Joe’s Pizza Shop
Premises Address: 5 Business Way, Monash
Scale: 1:100 (Divisions are at 0.5 metre intervals)
Notes: You are required to show to scale the following:
1. The area to be occupied by tables and chairs and any other fixtures or fittings2. The building line and/or shop front including side boundaries, doors, windows
etc3. The footpath width to face the kerb, any existing street fixtures or fittings and
pedestrian thoroughfare.4. The direction of North on the sketch drawing.5. For tables and chairs, allow widths of:
>0.8m for tables only;>1.2m for table with 1 chair;>1.8m for a table with chairs on opposite sides.
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