A NSW Government website

Christmas comes early after outdoor dining made permanent

15 Dec 2023

The NSW Government has made exempt development for outdoor dining permanent on private land for cafes, clubs, and restaurants.

Venues can continue to operate outdoor dining in locations including private laneways, bowling greens and car parks without planning approval, providing they meet safety rules.

This permanent change gives the hospitality industry much-needed certainty and flexibility, reducing red tape to help create more vibrant communities.

It follows three years of similar temporary rules being in place due to the pandemic, without major issues.

The permanent rules will allow outdoor dining in car parks and will also apply to artisan food and drink businesses including microbreweries.

Hospitality businesses can feel confident heading into the busy festive season knowing they can make the most of the space outside and around their venues.

The changes are part of the NSW Government’s Vibrancy Reforms, which aim to boost the night-time economy by removing red tape and providing incentives for venues.

More information on outdoor dining being made permanent on private land and in registered clubs can be found at Outdoor dining.

Deputy Secretary at the Department of Planning and Environment Monica Gibson said:

"Outside is the best place for NSW in the summer so this clear, simple process for operating outdoor dining will be a blessing for venues and patrons alike.

"Outdoor dining exemptions introduced during the pandemic helped the hospitality industry survive and this commitment to make the rules permanent will help the industry thrive.

"This change means the NSW Government is helping businesses drive greater economic activity and increase employment opportunities.

"It’s part of the NSW Government’s broader reform package to improve community life and create a better environment for hospitality trading."