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.

(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,