Changes to Moreland’s Footpath Guidelines
Questions and answers
Moreland City Council’s new footpath policy Footpath Declared Area Guidelines
(called Guidelines in this document) provide a safe, clear travel path for all footpath
users.
The Guidelines were developed to meet the Federal Government’s Disability
Discrimination Act 1992. The Guidelines follow footpath policies adopted by other
metropolitan municipalities.
Important changes
Goods, tables, chairs or advertising signs are not permitted along the property line,
instead, subject to a Council permit, these items must be placed toward the kerbside.
The Guidelines divide all footpaths into three zones, (look at Figure 1 below).
The zones are:
 Pedestrian zone
 Kerbside zone
 Trading zone including the permit zone

Figure 1 – footpath zones
The Guidelines will come into force from 3 May 2010.
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How much space do I have to leave for pedestrians?
The answer depends on how wide your footpath is. Look at Table 1 below.
Table 1 – zone limits
Pedestrian zone
Circumstances
Footpath Less than 3.5m wide
Distance from property
line
1.5m
Footpath 3.5m and wider
1.8m
Kerbside Zone (regardless of footpath width)
Circumstances
Adjacent to parking space for people with disabilities
Distance from face of
kerb
1.5m
Adjacent to a loading zone
0.7m
In all other cases
0.4m
Permit zone (regardless of footpath width)
In from the projected property line in front of each
business
From any defined pedestrian crossing
0.5m
From all fire hydrants, exit doors, hose reels, boosters
and other emergency equipment
1.0m
From the approach side of any tram stop
5.0m
From all Council litter bins, public seats, payphones,
bicycle stands, mailboxes and other infrastructure
accessed and used by the public
1.0m
3.0m
What if I can’t leave enough pedestrian space on the footpath?
A permit will not be issued.
What is a permit zone?
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A permit zone is an area within a trading zone. It is 500mm from the property line in
front of each business (look at Figure 2). A permit may be given for display of goods,
furniture and moveable advertising signs.
Figure 2 – permit zone
What other restrictions are there?
To give pedestrians walk through access you must leave a 0.5 metre gap for every
5.0 metre length of your permit zone.
What if I have a corner block?
The area you can trade in starts 5 metres from the kerb line at the intersection, (look
at Figure 3).
If you currently have a permit and your tables and chairs are less than 5 metres from
the kerb line at the intersection you have two options.
Option 1 – Move your street furniture so it agrees with the rules of your permit.
Option 2 – Fill in Council’s Transport Development Unit application (visit
www.moreland.vic.gov.au to download the application) for a safety risk assessment
(an application fee applies).
Council’s traffic engineers risk assessment will determine the set back of your permit
zone from the intersection.
Figure 3 - Clearances at intersections (not to scale)
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Property line
5.0m
5.0m
Face of kerb
What items can be put in the permit zone?
If you have a permit and following the Guidelines you may place these items within a
permit zone:
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tables and chairs
umbrellas
outdoor heaters
screens
moveable advertising signs
planter boxes
goods
What if I already have a permit?
Check the expiry date on your permit.
Permits issued under these new guidelines have an expiry date of 30 June 2011.
If your permit has an expiry date of 30 June 2010, or earlier, then your permit is no
longer valid. You must apply for a new permit as soon as possible.
Council officers will help you make any changes needed within the Guidelines. If the
changes cannot be made then your permit is not renewed.
What if I do not have a current permit?
It is your responsibility to make sure all required permits are current. If you have
street furniture, display or advertising on the footpath and you do not have a Council
issued permit for these then you will be charged penalty costs.
To avoid penalties lodge an application for a Footpath Occupation Permit with
Council
Any business that does not have a permit or permit application will be asked by a
Council officer to remove goods or furniture by the end of the business day. These
cannot be put out until the permit is approved.
If Council officers find any goods or furniture out on the footpath after this warning
has been issued, the proprietor will be fined $200 and goods may be impounded.
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What if I add to or take away some of my street furniture?
You only pay for what you have. If you change your street furniture then your permit
must be changed. Contact Council and they will update your permit and send you an
invoice for the permit adjustment.
Can I leave items out all the time?
No. Unless written on the permit, furniture, goods and any other items are only
allowed to be put out on the footpath permit zone:
7 am to 11 pm Sunday to Thursday; and
7 am to midnight Friday and Saturday.
Can I put out any type of furniture or goods?
No. Any street furniture, display or advertising put on the footpath permit zone must
meet the design requirements written in the Guidelines.
What about protecting my furniture or goods from the weather?
The use of screens, blinds and overhead protection (subject to a Building / Planning
Permit) can protect your customers. See the Guidelines for more information.
Can I attach screens into the footpath?
Yes but first get a permit for tables and chairs from Council’s Local Laws Unit. After a
permit is given, apply to Council’s Asset Management Unit for a permit to fix a screen
to the footpath.
In some cases, such as areas where a Heritage Overlay exists, you will be required
to obtain a Planning Permit. Check with Council’s Urban Development Branch
beforehand.
Can I have street bins, bike racks etc. moved?
No, these items are set and cannot be moved.
Do the Guidelines apply to private property e.g. private shopping malls?
No, the Guidelines apply only to public places.
If I sell my business can I pass my permit over to the new business
owner?
No, issued permits are only for the current business owner. A new business owner
must fill in a new permit application.
How much does a permit cost?
Visit Council’s website www.moreland.vic.gov.au to find out the current fees and
charges (effective from 1 July 2010). These fees and charges are under review and
are subject to change.
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What is a waste management plan?
A waste management plan shows how you control any rubbish that results from you
using the footpath area. This may include food scraps or food wrapping, plastic or
paper products, etc.
Under the Guidelines all permit holders must now give Council a waste management
plan that Council agrees to. Some businesses do not produce any rubbish, so their
waste management plan would say this.
A waste management plan (when required) must include:
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The number of each type of bin (garbage and recycling) used including
how the number of bins is worked out.
The storage area and bin location.
The method, time and how often the garbage and recycling bins are
collected.
How staff and patrons are told of the waste management arrangements.
It is an offence to use Council’s street bins for commercial rubbish.
Can I advertise on signs?
Under the Guidelines you can apply for a permit for a moveable advertising sign.
There are requirements for the number, design, construction, and location of
moveable advertising signs.
For instance an advertising sign must not exceed 1.0 metre in height and 600 mm in
width and must be of an ‘A’ or ‘T’ frame construction.
In the case of fixed advertising signs in a public place, a Local Laws permit is
required.
In some cases, such as areas where a Heritage Overlay exists, you may be required
to obtain a planning permit. You should always check with Council’s Urban
Development Branch prior to proceeding.
What other conditions apply?
It is recommended you visit Council’s website www.moreland.vic.gov.au to find out
what additional requirements may apply.
Please note that the Footpath Declared Area Guidelines must be read in conjunction
with Private and Commercial Use of Public Places Policy.
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