COVID-19 OUTDOOR DINING | Planning Law Changes to help you re-open with outdoor dining option

After three long months of lockdown there is finally some good news for Victoria’s hospitality sector. Yesterday, Victoria’s Minister for Planning, Richard Wynne, announced that pubs, restaurants, cafes, and other food and drink venues will be allowed to use existing outdoor spaces as well as surrounding outdoor space to facilitate the transition to alfresco dining.[1]

The necessary interim exemptions are regulated under amendment VC193 of the Victorian Planning Provisions (“Amendments”) and permits those that would not normally be allowed to trade outside, to do so.[2]

Clause 52.18-6 of the Victorian Planning Provisions provides “any requirement of a permit, including any condition, relating to the layout or location of the preparation, sale or consumption of food or drink on the land does not apply during the exemption period”, same with car parking or vehicle access requirements, if you follow clause 52.18-7.

Following the Amendments, venues will be able to construct temporary structures of up to 3.6m in height without the need to first obtain a permit[3], and temporary liquor licence applications are set to be fast-tracked[4].

The exemption period is defined as the period when a state of emergency declaration under the Public Health and Wellbeing Act 2008 in relation to coronavirus (COVID-19) is in force and for 12 months after.[5]

Certain local laws administered by the relevant council may still need to be met, and we recommend consulting with your council before administering any significant changes.

Don’t hesitate to contact our dedicated planning law team if you have any queries regarding your preparations to begin trading as soon as the current restrictions are lifted.

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[1] Daniel Andrews, ‘Planning Exemptions Smooth The Way For Outdoor Dining’, The Premier of Victoria (Media Release 21 October 2020) <https://www.premier.vic.gov.au/planning-exemptions-smooth-way-outdoor-dining>

[2] Department of Environment, Land, Water and Planning (Vic), Victoria Planning Provisions (VC193, 21 October 2020), cl 52.18 < https://planning-schemes.delwp.vic.gov.au/schemes/vpps/52_18.pdf>

[3] Ibid cl 52.18-7

[4] Daniel Andrews, ‘Planning Exemptions Smooth The Way For Outdoor Dining’, The Premier of Victoria (Media Release 21 October 2020) <https://www.premier.vic.gov.au/planning-exemptions-smooth-way-outdoor-dining>

[5] Ibid cl 52.18-1

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