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Hornsby Shire Council |
Attachment to Report No. ST4/09
Page 0 |
Outdoor Dining Code
(April 2009)
1. INTRODUCTION
2. DEFINITIONS
3. PURPOSE
4. OBJECTIVES
5. LEGISLATIVE
PROVISIONS
6. LOCATION
REQUIREMENTS
a) Precincts
b) Maintaining
Footway Widths
c) Access
d) Existing
streetscape elements
e) Circulation,
safety, health and convenience
f) Suitable
locations
7. FURNITURE
REQUIREMENTS
a) Perimeter Barricades
(excluding Bollards)
b) Bollards
c) Signage/Advertising
d) Lighting
e) Public Assets
f) Public Health & Safety
g) Smoking
h) Heating
i) Umbrellas
j) Furniture Style
8. APPLICATIONS
AND APPROVALS
a) Applications
b) Application requirements
c) Notification and approval
d) Development conditions
e) Approval fee
f) Renewal of Approval
9. APPENDIX A
– Precinct specific requirements
1. INTRODUCTION
This code aims to permit the establishment of business opportunities and
to create a more vibrant and cosmopolitan atmosphere in the commercial centres
of Hornsby Shire.
This code establishes Council's statements and principles when dealing
with applications for use of the public footway for outdoor dining. The code
applies to a range of businesses including cafes, restaurants and sandwich
shops which meet the definition of “restaurant” under the Roads Act, 1993.
The code will allow the approval of business use of footway areas for
dining purposes; which may include tables, chairs, shade structures, and
planter boxes adjacent to businesses where there is adequate footway width for
pedestrian circulation. Provisions for other uses such as street stalls,
newspaper stands, A-frames, etc. are not subject to this code.
Approved
Operator:
The proprietor
of a restaurant/take away/cafe who has been granted an approval by Hornsby
Shire Council to operate an outdoor dining area.
Footway:
That part of a
road as is set aside or formed as a path or way for pedestrian traffic.
Furniture:
Any movable or
fixed manufactured item to be used in association with the outdoor dining area.
Outdoor
dining area:
A restaurant
the subject of an approval under Section 125 of the Roads Act 1993.
Restaurant,
Café, Food outlet:
Premises in
which food is regularly supplied on sale to the public for consumption on the
premises.
The purpose of this code is to enable business use of the footway in
areas adjacent to business premises for the purposes of eating food and to
ensure a pleasant and safe environment for shoppers and patrons without
compromising the safety or amenity of the public domain or pedestrians using
the public footway or adjoining public spaces.
The objectives of this code are as follows:
· To promote a high quality
visual environment.
· To support local economic
development and commercial vitality.
· To ensure outdoor dining
contributes to the improvement (i.e function and safety) of the streetscape.
· To ensure that pedestrians
and other forms of traffic are not unduly obstructed by outdoor dining.
· To ensure that outdoor
dining contributes to the amenity of adjoining or nearby properties.
· To ensure outdoor dining is
compatible with other community uses of public space.
· To ensure that Council
clearly communicates its desires and responsibilities for outdoor dining across
the LGA and that the controls are easily understood and regulated.
The Roads Act 1993 and the Local Government Act 1993 generally require
that a person shall not carry out any activity on a public road or place
without the approval of Council.
Sections 125, 126 and 127 and in some cases Sections 137-139 of the
Roads Act 1993 allow Council to approve the use of a footway for restaurant
purposes, as long as using the footway for this purpose is not taken to
constitute a public nuisance and does not give rise to an offence against the
Roads Act or any other relevant legislation.
Section 68 of the Local Government Act 1993 allows Council to approve
the placing of articles on or to overhang the footway.
Other relevant legislation includes the Food Act 2003 and Food Standards
Code.
This code applies to footways and roadways, public plazas and public
squares excluding the Hornsby Mall, under the ownership or management of
Council, which would ordinarily be used by the public for pedestrian movements
or recreation across Hornsby Local Government Area. This code should also guide
any privately owned and managed spaces to achieve consistency between the
public and private domain.
It applies to all outdoor dining areas where food and beverages are
served and the approval process requires an application for permit to occupy.
Please note that some conditions differentiate between the Hornsby Mall and the
rest of the Hornsby Local Government Area, as the Hornsby Mall is excluded from
this code.
For the purpose of this code, the Hornsby Shire has been segmented into
various precincts for the assessment of business use of the footway. This
segmentation reflects local conditions, opportunities and constraints.
The precincts are described with specific requirements in Appendix A.
To ensure that access and equity objectives are met, there will be a
minimum width for pedestrian circulation as detailed in the precinct guidelines
(Appendix A). This will be at least 2 metres continuously maintained for the
clear passage of footway users. Council may on merit of the situation consider
variation to this standard where the applicant can show that the proposal is
consistent with the surrounding environment, adequate pedestrian circulation is
maintained or that agreement has been obtained from the Hornsby Council Access
Committee. Where the remaining width for pedestrians is less than 2 metres,
suitable handrails or appropriate barricades shall be installed along the
kerbside as per Council’s requirements to improve safety for all.
Minimum public access along the footway shall be 2 metres and this must
be left in a clear and consistent lane along the kerb line or building line as
determined by Council. If outdoor dining
is to be located adjacent to the kerb, then a clear space of 600 millimetres is
to be maintained behind the kerb to allow for parked vehicles to open kerb side
doors.
Business use of footway areas is permitted, with the approval of
Council, on footways immediately in front of the shop front in locations that
do not cause an impediment to other footway users. For corner shops or those
that have more than one street frontage, Council may consider having separate
permits for each part of the footway, together with different permissible
operating hours to address the extent of use and minimise impact on the
surrounding environment and local amenities.
Business use of footway areas or use of shade structures may be
prohibited or restricted, in locations where they obstruct the clear view line
of pedestrians or motorists. Clear view lines allow pedestrians to view
on-coming traffic and motorists to observe pedestrian movements.
Extension of an outdoor dining area where permitted by Council must be
directly linked to the current outdoor dining permitted area, except where the
alignment of parking spaces prevents this. Extension of outdoor dining beyond
the principal premises is dependant on permission being granted from the
operator and the property owner of the adjacent business. Should that
permission be withdrawn, or the adjacent business change operation,
approval will be withdrawn, and outdoor dining must be removed immediately. All
structures must be removed at the cost of the permit holder.
Where Council is the adjoining landlord (eg a laneway); only half the
space will be permitted to be used by the neighbouring restaurant. This will be
required unless the landowner on the opposite side of the laneway consents to
the use of the entire footway area. Where an extension of the outdoor dining
area has been granted, the permit holder must take responsibility for any
liability issues that are associated with the outdoor dining area.
d) Existing streetscape elements
Whenever possible, an outdoor dining area should visually relate to and
be physically aligned with, existing features and permanent elements of the
streetscape and landscape such as trees, landscaping features, lighting,
bollards, etc.
e) Circulation, safety, health
and convenience
In suitable locations a free space of not less than 2 metres in width is
to be maintained between the adjoining restaurant and the approved outdoor
dining area to ensure safe circulation of pedestrians and those users of
mobility aids such as walkers and scooters.
It is essential that outdoor dining areas are kept clean and tidy; that
care is taken to ensure that food is handled and presented in a hygienic
manner; and that appropriate public risk insurance is in place, which
indemnifies Council’s interests. As with any restaurant or eating facility, the
approved outdoor footway area is subject to the Food Act 2003 and Food
Standards Code. In particular an approved operator will be required to actively
discourage patrons from feeding birds within the outdoor dining area. This may
be achieved by the inclusion of the words “Do not Feed Birds” on menus or other
similar material.
When the outdoor dining area is not in use by the approved operator, all
moveable furnishings are to be removed and the approved area shall be made
available to the public for normal pedestrian use.
In accordance with Section 125 of the Roads Act 1993 outdoor dining
areas for commercial use may be approved where conditions are favourable for
their operation. Applicants will be required to take public safety, pedestrian
and other relevant needs into consideration to ensure that no unreasonable
pedestrian hazards will be created in using any part of the footway as an
outdoor dining area.
Outdoor dining areas must not adversely impact on:
• Designated Fire Exits and
Fire Hydrants.
• Emergency Access
Areas/routes.
• Public Utility
Infrastructure.
• Pedestrian thoroughfares.
• Pedestrian /vehicular
movements.
The following issues also need to be considered when determining the
location of an outdoor dining area:
• Ground Surface is suitably constructed and
sufficiently level with a gradient of less than 1 in 15.
• The outdoor dining area
is located directly in front of a restaurant.
• The outdoor dining area
does not obstruct access to public utilities.
• The outdoor dining area
will not cause any obstruction to signage located within the Mall.
• Power and light poles,
Street Litter Bins, Post Office Boxes, and Fixed Signage are specifically excluded
from any outdoor dining area.
a) Perimeter Barricades
(excluding Bollards)
• Outdoor dining areas must
be easily accessible from the public footway and must present an open and
inviting image to entice participation. Planter boxes may be used to physically
define the perimeters of the outdoor dining area. Enclosures should be kept to
a minimum. Barricades, safety rails, bollards, etc. may be permitted where
required for safety reasons. All traffic safety barriers must be provided in
accordance with Australian Standard 3845.
• The use of framed fabric
or any other style of low-height barriers, including planter boxes within the
public domain must be carefully designed and selected to ensure minimal impact
on the use, enjoyment and safety of pedestrians and patrons. Barriers may be
considered between adjoining café areas to have clear demarcation between
business activities. Barriers must be removed from the footway when the
business is not open. Barrier screens must not be used as an opportunity for
advertising. Products, specials or sales may not be displayed on the screens.
Pedestrians should not be forced onto the road carriageway by outdoor dining
activities or other non-permanent items/structures on the footway.
• Planter boxes may be
considered in open areas, such as plazas or footway widening sections which are
separated from the main pedestrian desire lines. The planter boxes must be
well-maintained by the permit holder. Council reserves the right to order the
removal of planter boxes that are not properly maintained including the
consistent provision of approved high-quality flowers or vegetation. Permanent
planter boxes will only be considered on footway areas where the footway has
been widened for specific business use.
• When the business use is
approved on the building line, suitable solid high contrast barriers should be
installed on either side of the area being used for a business purpose. The
height of any solid barrier should be between 900 millimetres and 1.2 metres in
height. Solid barriers may be in the form of planter boxes containing
vegetation to a total height between 900 millimetres and 1.2metres.
• Any proposed transparent
solid barrier (such as Perspex) should comply with AS 1428.1 Access and Mobility
and should be clearly marked for the full width with a contrasting line.
• Barricades, safety rails,
bollards, etc. may be permitted where required for safety reasons. All traffic
safety barriers must be provided in accordance with Australian Standard 3845.
• Bollards are to be placed between planters
parallel to the kerb, 600 millimetres behind the kerb. Bollards and concrete footings are to be
installed in accordance with the manufacturer’s
specifications and recommendations.
The following controls apply to all advertising/signage to be displayed
on the footway.
• Signage is permitted only
on umbrellas.
• Only one sign is
permitted per umbrella.
• Signage on umbrellas must
relate to the business to which they serve. The signage may include the
business name, an associated corporate name (logo) or product. For example, a
café may have an umbrella sign which advertises their business name OR a coffee
manufacturer OR the particular type of coffee sold at the premises.
• Signage on each umbrella
must be consistent with all other umbrellas on the permitted area.
• No other signage will be
permitted on any other structure on the footway. This includes signage on
furniture, barricades or A-frame signs.
Any proposed lighting must be included in the application for approval
by Council and be in accordance with the relevant Australian Standards and
Council's Development Control Plan – Outdoor Advertising.
The removal/relocation of any Council assets, such as rubbish bins,
existing street furniture and planter boxes, shall be subject to Council
approval and will be at the applicant’s cost.
The removal/relocation of any public utilities/infrastructures, such as
the RTA's traffic control boxes, Sydney Water's drainage /sewerage pits,
Telstra's telephone boxes, shall not be permitted unless justification on
public benefit can be made to Council and approvals have been obtained from the
relevant authorities. Works will be carried out at the applicant’s cost.
Access required by public utilities will require restoration to pre-work
standards and be at no cost to Council.
Each applicant is responsible for the cleanliness and tidiness of
the area in front of the premises and the immediate surrounds used for outdoor
dining. Tables must be cleaned of food scraps immediately after customers leave
so as not to attract birds or vermin. All debris must be swept up and disposed
of appropriately.
All spills must be attended to immediately.
The applicant is responsible for maintaining and storing all
furniture items and this is to ensure that the furniture is kept neat, tidy and
clean when in use. After close of business, all furniture must be removed from
the footway area and the area should be swept and stains removed.
Note: Debris must not be swept or hosed into the gutter. This action
constitutes a pollution offence for which penalties may be incurred.
Where waste receptacles are provided on the footway for the
collection of disposable eating utensils it is the responsibility of the
applicant to ensure that the receptacles are covered so as not to attract birds
or vermin, are cleaned to ensure no odours are produced, and are removed after
close of business. All waste from the receptacles must be disposed of by the
applicant in the approved waste collection facility associated with the
premises.
Note: Waste from receptacles must not be disposed of by the applicant in
Council provided street litter bins.
Smoking is NOT permitted in any area which is covered or substantially
enclosed as defined in the Smoke-free Environment Act 2000. The designated
smoking area associated with footway dining must have at least 3 sides open;
this includes areas which have plastic drop down sides.
Any heating proposed for use in conjunction with an outdoor dining area
must be to Council’s satisfaction, to ensure the safety and amenity of patrons
and the general public and be incorporated in the details provided with the
outdoor dining permit application.
Free standing heaters located within outdoor dining areas must comply
with Australian Standard AS 1596 (storage and handling) and AS 4565 Patio
Heaters and must be certified by the Australian Gas Association. When not in
use the free standing heaters are to be removed from the approved outdoor
dining area.
Heating devices must be contained wholly within the outdoor dining area
and are to be positioned and secured to ensure that they will not cause any
injury to patrons or pedestrians. All heating devices shall possess automatic
turn off devices in the event of overturning.
Direct access to the gas mains and use of electrical extension cords are
not permitted. All costs associated with the provision of outdoor heating shall
be borne by the applicant.
Umbrellas are appropriate for providing shade and shelter in exposed
locations. The main factor to be considered in respect of the installation of
umbrellas within an outdoor dining area is that they must have mechanisms to
ensure that they are at all times securely fixed to withstand wind. While the
installation of permanent umbrellas is desirous, Council will give
consideration to the installation of temporary umbrellas in areas where
permanent umbrellas are not practical. All umbrellas shall not extend beyond
the approved outdoor dining area.
Temporary umbrellas must be a combination of powder coated or polished
aluminium, brushed or stainless steel, stained or painted timber, canvas or
plastic. Temporary umbrellas must be removed or closed in extremely windy
conditions. The underside of the umbrellas must be a minimum of 2 metres above
the ground.
Tables and chairs must be powder coated or polished aluminium, brushed
or polished stainless steel, stained or painted timber, or a combination of
these materials Note: Plastic resin or other lightweight material will not be
permitted. The use of mismatched tables and chairs will not be permitted. The
tables and chairs must be of the same “family group” to ensure visual unity and
enhancement of the surrounds.
Outdoor furniture should make a positive contribution to the street
environment. A furniture style that is practical and elegant and integrates
well with the surrounding streetscape is encouraged. The furniture must fold or
stack for storage, and be readily removed and stored within the associated
indoor premises. All furniture items will be subject to Council’s approval.
Favourable consideration may also be given to well designed, creative, and
individual alternatives. Furniture colour schemes must form part of any
application. Furniture for outdoor dining is required to meet the following
criteria:
Structure
The furniture should be strong, durable, waterproof and weather
resistant, designed for commercial outdoor use. The design must not contain
parts that are likely to cause damage to the pavement. Public safety and
comfort must be considered. Sharp edges, and hinges or other moving parts must
not present a potential hazard to patrons or pedestrians.
Materials and colours
Tables, chairs, and umbrellas may be powder coated or polished
aluminium, brushed or stainless steel, natural or painted timber or canvas.
Suitable colours are natural, camel, terra cotta,
The following are standard conditions that are applied to approvals for
all outdoor dining use of the footway.
Additional requirements for each precinct will be in accordance with
section 6a.
1. This approval is for the use of the footway adjacent to xxxxxxxxxxxxxx
for the term of twelve (12) months. The standard requirements, terms and
conditions contained in the permit are to be the conditions of the approval.
The term of approval may be extended yearly at Council’s discretion.
2. This approval is subject to the applicant and its guarantors if the
applicant is a company, entering into an agreement attached to this approval
which when executed by the applicant, any guarantors and Council will
constitute a permit to occupy and use the approved footway area.
3. The permit holder must pay to the Council on or before the
Commencement Date a Bond by a bank cheque or bank guarantee. The Council may
use the Bond to make good the cost of remedying any breach of this permit by
the permit holder. The permit holder must replace any amount used by the
Council within 14 days of demand.
4. The requirements, terms and conditions contained in the permit are
conditions of this approval including the provision of paying permit fees by
one full payment of cash or cheque upfront or paying the permit fee quarterly
by direct debit. A failed direct debit may incur an administration fee in
accordance with Council’s Schedule of Fees and Charges
5. Tables and chairs are not to be placed outside the approved area
under any circumstances.
6. The outdoor furniture shall not pose any potential safety hazard,
especially with sharp edges or moving parts, to passers-by, patrons, or
employees. The furniture shall be firmly secured to avoid risk of moving and
falling over in windy conditions or other circumstances. The furniture shall be
removed in high wind conditions.
7. The outdoor furniture shall be stackable, foldable or easily
dismantled so that it can be removed and stored away.
8. Appropriate footway service shall be provided which includes as a
minimum the removal of any dirty plates, cups, cutlery, footway staining, and
rubbish on a regular basis during each operating day. As such the area and its
surrounds shall be maintained in a clean, tidy and hygienic state.
9. Paper, foam or plastic plates, cups and cutlery shall not be used for
footway outdoor eating areas. The selling of any alcoholic or intoxicating
liquor is only permitted in the public/footway area if the appropriate licence
from the State Liquor Licensing Authority has been obtained and the area has
not been designated an alcohol free zone.
10. No business or financial transactions shall be carried out on the
footway. Such activities shall be carried out wholly within the confines of the
premises. This does not include the giving and taking of bills, and associated
tips and change.
11. No part of the footway shall be used as a permanent storage place
for any item/s.
12. Where possible, the applicant must provide access in accordance with
AS 1428 for people with disabilities.
13. No advertising signs (including menu boards) are permitted on the
footway area without Council’s consent.
14. Any aluminium furniture shall have a powder coated or polished
finish.
15. Noise - Amplified music is permitted in business use of footway
areas, providing it is recorded music and played at not more than 5dba above
background noise level and properly licensed. Any amplified music or noise
generated from the use of the footway area is to comply with the Protection of
the Environment Operations Act – Noise provisions and be approved by Council.
16. Smoking is NOT permitted in any area which is covered or
substantially enclosed as defined in the Smoke-free Environment Act 2000. The
designated smoking area associated with footway dining must have at least 3
sides open; this includes areas which have plastic drop down sides.
17. Access for service authorities may be required from time to time. No
rebate of Council’s fees shall apply unless the area is disrupted for more than
2 weeks in a year.
Proprietors operating an outdoor dining area are required to obtain the
necessary permits from Council. In most cases an applicant will be required to
obtain consent and a Form of Approval granted in accordance with Section 125 of
the Roads Act 1993.
Applicants will be required to complete an “Outdoor Dining Application
Form” and submit the completed application form together with the relevant
plans to:
The General Manager
Hornsby Shire Council
HORNSBY NSW 1630
All costs associated with completing and lodging the necessary
applications are to be met by the applicant.
Any outdoor dining area intending to serve alcohol requires a separate
licence under the Liquor Administration Board, Office of Liquor, Gaming and
Racing telephone 9995 0750.
Applicants need to provide the following with their completed
application form:
• Photographs of all of the
proposed furniture.
• A clear scaled plan of
the area proposed for use as an outdoor dining area including defined
boundaries and existing infrastructure such as trees and surrounds, power &
light poles, rubbish bins etc.
• A clear scaled plan of
the proposed layout and orientation of the tables and chairs.
• Details of any other
furniture elements proposed for inclusion in the outdoor dining area (eg
lighting, heating, umbrellas, planter boxes etc)
• Fees if applicable, in
accordance with Council’s Schedule of Fees and Charges.
Council will notify the outcome of the application for approval to
operate. Where appropriate, the application may be referred to the Traffic
Committee for comment on the possible impact of the proposed operation on
traffic management. The term of an approval will be limited to twelve (12)
months.
The applicant must comply with the conditions set out in the permit and
the consent.
There is an approval fee for the use of an outdoor dining area, charged
per square metre per annum, based on market valuation in accordance with
Council’s Schedule of Fees and Charges. A property damage bond equivalent to
two months fee is to be lodged by an approved operator with Council.
The permit may be considered for renewal following a review of the local
environmental factors and may be cancelled or amended if deemed necessary,
specifically:
• if the approved operator fails to comply with the conditions contained
within the permit; or
• to account for any altered local environmental conditions.
9.
APPENDIX A – Precinct specific requirements
1 Hornsby Eastside (excluding Hornsby
Mall)
2 All other precincts
1 - Hornsby Eastside (excluding Hornsby Mall)
Assessment Principle
The
layout and orientation of furniture should be chosen according to the extent and
shape of the available space. It shall provide enough space and practicability
to ensure patron comfort and deter patrons from moving furniture outside the
approved outdoor footway restaurant area. The importance of this issue is
stressed to provide permanent unobstructed access for all people, including
wheelchair users, visually impaired, electric powered scooters, prams etc.
Approved operators are advised that they should make themselves aware of their
obligations under the Disability Discrimination Act 1992.
Applicants
will be required to submit with their application a scaled plan showing the
layout and orientation of all furniture proposed to be used in association with
the outdoor footway restaurant area.
Enclosures and weather protection
Outdoor
footway restaurant areas should enrich the pedestrian experience and public
life. It is therefore important that they present an open, inviting image and
are easily accessible. Enclosures should be kept to a minimum and permanent
barricade fencing with planters is not permitted.
Planter Boxes / Boundary Structures
Planter boxes may be used to physically
define the perimeters of an outdoor footway restaurant area to prevent
pedestrian conflict and ensure the patron’s safety. Planter boxes should not
exceed a total length of 1.8 metres and the total height, including the plants,
should not be more than 1.2 metres. The planter boxes are to be maintained in
good condition by the outdoor operator and no advertising is to be placed on
the planter boxes. All plants located within the planter boxes are to be
healthy and well watered by the approved operator. The approved operator will
ensure that unhealthy or dead plants are removed and replaced as necessary.
The
style, design and colour of all planter boxes proposed to be installed by an
approved operator shall be subject to the approval of Council.
Council
will give consideration to the installation of contemporary removable boundary
structures or safety railing. Such elements shall be constructed of powder
coated or polished aluminium, brushed or polished stainless steel framing and
contain suitable clear panel inserts.
Umbrellas
Umbrellas
are appropriate for providing shade and shelter in exposed locations. The main
factor to be considered in respect of the installation of umbrellas within a
footway restaurant area is that they must have mechanisms to ensure that they
are at all times securely fixed to withstand wind. While the installation of
permanent umbrellas is desirous, Council will give consideration to the
installation of temporary umbrellas in areas where permanent umbrellas are not
practical. All umbrellas shall not extend beyond the approved outdoor footway
restaurant area.
Umbrellas- Permanent
The
dimensions of permanent umbrellas shall be no greater than 4 metres x 4 metres
square and be of a similar style to the existing permanent umbrellas installed
within the Hornsby Mall. The underside of the umbrella must be a minimum 2
metres above ground level on all sides. Permanent umbrellas may be joined
together where the outdoor footway dining area is sufficient. Umbrellas shall
consist of a white coloured membrane fabric with powder coated aluminium
frames. Drop down sides will be considered however they must be made of a clear
plastic material and maintained in sound and aesthetically acceptable condition
to Council’s satisfaction. Approved drop down sides must only be used during
periods of inclement weather.
Umbrellas-Temporary
Temporary
umbrellas must be a combination of powder coated or polished aluminium, brushed
or stainless steel, stained or painted timber, canvas or plastic. Temporary
umbrellas must be removed or closed in extremely windy conditions. The
underside of the umbrellas must be a minimum of 2 metres above the ground.
2 - All other precincts
Area to be occupied
Items of furniture must be located on the kerbside of the footway,
unless otherwise approved on the building line. Occupation shall not cause
inconvenience to pedestrians. Areas adjoining bus-stops or areas closer than 10
metres from an intersection or corner shall not be occupied except specially
designed and fenced areas.
Location to be occupied
A distance of 600 millimetres from the kerbside must be kept clear at
all times.
Pedestrian Access
Minimum public access along the footway is 2 metres and must be left in
a clear and consistent line of sight.
Shade Structures
Businesses may erect temporary shade structures that must be removed at
the close of business daily.
Shade covers attached to existing store structures can be considered if
they do not block the sight lines adjoining business or services, do not impede
access and egress from the shopping strip and do not require attaching to the
footway.
The unobstructed vertical clearance should be a minimum height of 2
metres and a maximum height of 2.3 metres.