The paradox of outdoor dining and car parking
Posted December 8, 2020
When does outdoor dining trigger, or when should it trigger, requirements for additional car parking?
Using outdoor space to contribute vibrancy and a sense of place to communities, retail, shopping precincts and neighbourhood centres is not a new concept.
Outdoor dining is one of those activities, but hospitality owners often run into a quandary when trying to work through applications and requirements, especially requirements for additional car parking.
This car parking debate is an ongoing, circular, self-defeating argument that never seems to goes away.
Café and restaurant operators naturally want to maximise the space for which they pay rent and receive the best financial return. Development assessment planners, on the other hand, will suggest that this is increasing “use area” and as such, additional car parking will be required.
Let us present a hypothetical case of how the situation could play out for a hospitality owner within a current coastal planning scheme.
If they wish to add outdoor dining within their property, it may require a Material Change of Use (MCU) application (open the chequebook). It has the potential, as it is increasing use area, to require additional car parking spaces to be provided (good luck with that). They may also find that they are now over Site Cover and Plot Ratio provisions (meaning approval is unlikely – the planners in the world will understand this).
If, at the end of the day, they are successful in gaining approval, they will have the same conditions as before, AND they will be hit with an Infrastructure Charge for the additional use area (they’ll need that chequebook again).
They consider all options and realise they can also request from Council to have what is known as Footpath Trading or, for a better description Footpath Dining. Footpath Dining usually occurs on Council land, i.e. road reserve, park, etc. They can apply to Council to use the area and if approved they pay an annual fee for its use, beef up your Public Liability Policy, and away you go – no need to pay Infrastructure Charges, no need to find additional car parking spaces. They can even apply to the OLGR to have the area licensed. This Footpath Dining application is usually processed within 20 business days, compared to the MCU application, which may take up to 55 business days.
In effect, the number of people able to use the space doesn’t necessarily change between the MCU route vs the Footpath Dining route. But it is only under the MCU route that additional requirements for car parking are required.
Councils in tourism orientated local government areas need to understand how confusing and illogical this is to a hospitality operator.
Interestingly, surveys have been taken pre-covid in key tourism localities within cafes and restaurants with outdoor dining looking at visitation into the tourism precinct pre 10 am. Of those visitors, 92% utilising outdoor dining were in the precinct to walk, swim, other forms of exercise and that attending the café was a secondary outcome for being in the precinct.
Other interesting data collated was:
- Over the three key dining periods (breakfast, lunch and dinner) 87% of all diners were staying within the tourism precinct and walked to the venue
- post 6 pm, even during peak tourism periods, key precincts have vacant on-street car parking spaces available
The ongoing challenge that is outdoor dining, car parking, use area, site cover will never reach a clear and concise conclusion. Still, in a post covid hospitality industry, a greater understanding of operating pressures and real, not perceived, impacts of additional space usage on operators must be considered. And they must be considered in a meaningful and respectful way by those assessing applications.
We recently undertook a boutique development at Peregian Beach, and Russell, Maree and the team were critical to the success of the endeavour. Super knowledgeable, proactive, professional, and reliable throughout the project journey. We quite simply couldn't have done it without them.
Short Term Accommodation - Peregian Beach
We would highly recommend RG Strategic. Russell and his highly professional team of town planners have done a huge amount of pro bono work for us here at Sunshine Butterflies Disability Support Charity, as we built our learning and recreational facility, 'Our Backyard' in the Noosa Countryside. The facility provides services for young adults living with a disability and their families, so everything has to be fully accessible and wheelchair-friendly and comply with disability building codes. RG Strategic helped us to navigate our way through the complex processes of Town Planning and our Development Application and made liaising with Noosa Council a breeze. We cannot thank them enough. Leanne Walsh FOUNDER
Sunshine Butterflies Disability Support Charity - Cooroibah
Can't thank Russell and the team enough for their help navigating the changes to the Noosa Plan and how they might impact our property. The service was always really prompt and a much better approach compared to trying to navigate the application process on our own. Thanks!
Working with Russell on our new project, Larder & Baked no doubt allowed our venture to have its approvals in on time and with minimal hassle. Russell is a wealth of knowledge, super easy to work with and most importantly supportive of all businesses. Big and small. we're already working with RG Strategic on a new licence for our business and look forward to having his skilled expertise on all of our future ventures.