The Minister for Planning and Public Spaces made the Environmental Planning and Assessment (COVID-19 Development – Takeaway Food and Beverages) Order 2020 (the Order) on 31 March 2020.
The Order commenced on 2 April.
This means businesses can use existing premises with kitchen facilities to provide takeaway food and drinks.
The Order also allows ‘dark kitchens’ to be established in any existing commercial kitchen, such as those in community facilities, business premises, cooking schools and function centres, to allow for the preparation of food and meals to be delivered to those at home, in self isolation, or working on the frontline.
All other conditions including not obstructing vehicle or pedestrian access and taking steps to reduce noise still apply, and operators must ensure employees and customers practice social distancing.
The existing premises must have development approval for the use and will need to comply with existing conditions, other than those relating to:
The Order allows mobile food and drink outlets (food trucks) to operate on any land at any time, if certain requirements are met.
The full list of requirements is set out in the Order and includes:
Food trucks on private land
Peter owns the food truck “Pete’s Grill”. Peter has sought the permission of the landowner of the local bicycle warehouse to park and operate “Pete’s Grill” out the front of the warehouse on weekends. The site does not have any conditions of consent which would preclude the operation of a food truck on the site. As long as “Pete’s Grill” is the only food truck on the site at the time, then Peter can operate “Pete’s Grill” on the site without council approval.
Food trucks on public land
Sarah owns the food truck “Vege Delights”. Sarah wishes to park her food truck at the local public reserve and has obtained written consent from council who has control and management of the land. Sarah usually sets out a few tables and chairs outside her food truck, however she is unable to under the Order. There are no conditions of consent which would preclude a food truck at the reserve. As long as Sarah complies with the other requirements set out in the Order, Sarah can operate the food truck without any further approvals.
These measures will be kept in place during the prescribed pandemic period, and reviewed as new issues arise.
Page last updated: 28/07/2022