166Local councils may allow use of outdoor space for dining and performance

#### 166 Local councils may allow use of outdoor space for dining and performance 166 Local councils may allow use of outdoor space for dining and performance > > (1) A local council may decide, by notice published on the local council’s website— > > > > > (a) to temporarily allow the use of a footway or public open space associated with the following to be used as an outdoor dining area, an extension of foyer space or a performance space— > > > > > > > (i) licensed premises or other lawful food and drink premises, > > > > > > > (ii) entertainment, arts or cultural venues, or > > > > > (b) to temporarily allow parking spaces within the local council’s area to be used as an outdoor dining area, an extension of foyer space or a performance space, or > > > > > (c) to temporarily close an unclassified road for which the local council is the roads authority for use as an outdoor dining area, an extension of foyer space or a performance space, or > > > > > (d) to temporarily close a classified road, with the concurrence of Transport for NSW, for use as an outdoor dining area, an extension of foyer space or a performance space, or > > > > > (e) to temporarily vary a development consent or a development consent condition to allow outdoor performance. > > > (2) If a local council allows the use of footways, public open space, roads or other premises for a purpose mentioned in subsection (1), the use is taken to be exempt development for the purposes of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572). > > > (3) A local council may make a decision referred to in subsection (1) only if the council has— > > > > > (a) given the Minister at least 7 days notice that the council wants to allow outdoor dining and performance and invited the Minister to respond to the proposal, and > > > > > (b) given 7 days notice of its intention to make the decision— > > > > > > > (i) by publishing a notice about the proposed decision on the council’s website, and > > > > > > > (ii) to the following persons— > > > > > > > > > (A) if the proposed decision relates to licensed premises—the Authority and the Commissioner of Police, > > > > > > > > > (B) if the proposed decision relates to an unclassified road for which the council is the roads authority—the Commissioner of Police and Transport for NSW, > > > > > > > > > (C) if the proposed decision relates to a classified road—the Commissioner of Police and Transport for NSW, and Transport for NSW has agreed to the road closure. > > > (4) A decision referred to in subsection (1)— > > > > > (a) has effect subject to a provision of an Act, regulation or other instrument that provides for noise attenuation for licensed premises or other premises, and > > > > > (b) has effect for the [Roads Act 1993](/view/html/inforce/current/act-1993-033), sections 126 and 127 as if it were an approval granted under that Act, section 125, and > > > > > (c) has effect despite any provision of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) or another Act, or a regulation or instrument made under an Act, that requires local councils to submit traffic management plans or consult with local traffic committees. > > **s 166:** Ins 2020 No 40, Sch 4.1\[44\]. Rep 2007 No 90, sec 167. Ins 2024 No 25, Sch 8.1\[1\].