Removable Umbrella Structures (such as semi-permanent umbrellas)

The Gold Coast's climate lends itself to use of outdoor areas. In recent years, this has led to placing such items as large umbrellas on footpaths on a semi-permanent basis. Under the Transport Operations (Road Use Management) Act 1995 and Local Law No. 11 (Roads and Malls) 2008, Council is required to regulate the installation of fixtures such as large umbrellas that are not removed on a daily basis.

These regulations:

  • protect public safety and amenity
  • prevent obstruction, inconvenience, annoyance, nuisance, damage to property and interference with the safe movement of traffic
  • ensure commercial activities on roads do not have an unfair advantage over fixed premises that pay rates and other charges and are subject to planning and other regulatory legislation.

Application requirements (including forms and fees)

Town planning clearance

All applications are subject to a town planning clearance check. The applicant is encouraged to seek town planning clearance prior to submitting the application so as to prevent the application being delayed until town planning approval has been given.

Forms

Find the Application for Removable Umbrella Structure on Footpaths form below.

Find the link to the Integrated Planning Act below - download Part A: Common details and Part B: Building work.

Fees

Not applicable. For more information about how Council is making it easier for business, please view our Nil Fees initiative.

Plans

Submit to Council drawings (one copy), supplied by a registered professional engineer of Queensland, detailing:

  • umbrella's exact dimensions (overall height, height of perimeter edges above footpath, length and width measurements, surface area in square metres)
  • whether plastic 'drop-down' sheets (sheets must be clear plastic) will be attached
  • the method of cutting into the existing surface to provide for neat reinstatement in the event that Council requires the foundation to be removed in the future
  • the method of fixing to the pavement and when the umbrella is removed in what manner will the hole(s) be covered (a plate/lid or plugs/screws flush with the pavement surface must cover the hole(s) in the pavement so as there is no danger of pedestrian's footwear being caught).

Supply to Council plans showing:

  • umbrella's exact location in the tables and chairs permit area
  • an artist's impression in colour showing the umbrella's overall design and size in scale to adjacent buildings
  • any proposed advertising content.

Certification

Provide to Council certified plans by a Building Services Authority licensed building certifier identifying fire exits in relation to:

  • internal and adjacent external paths of travel
  • dimensions of internal/external paths of travel
  • where open space is deemed to commence.

The applicant must comply with the following acts:

  • Integrated Planning Act 1997
  • Building Act 1975
  • Standard Building Regulation 1993 (including the Building Code of Australia and in particular where relevant Part D1 - Provision For Escape, Part D2 - Construction of Exits and Part D3 - Access for People with Disabilities.

Insurance

Not applicable.

Qualification

Not applicable.

Other

You must have a table and chairs area permit prior to installing removable fixtures.

How to submit an application

Applications can be submitted in person at Council offices or by mail.

Related applications

Do you propose to have, or already have, any advertising devices erected which are visible from public land? If yes, please refer to the link to Advertising Devices below.

Do you already have a tables and chairs area permit? If not, please refer to the link to Roadside Dining below.

Note: you must have a footpath dining permit prior to installing removable fixtures.

Application process

  1. All applications are subject to a town planning clearance check. The applicant is encouraged to seek town planning clearance prior to submitting the application so as to prevent the application being delayed until town planning approval has been given.
  2. The applicant is responsible for ensuring the application is complete - please refer to application requirements.
  3. The applicant submits the application - please refer to how to submit an application.
  4. Council will then process the application within legislative or agreed time frames. Council will contact the applicant should additional information be required to process the application.
  5. Council will forward the approved application to the applicant.
  6. The applicant can then carry out the proposed works (for example construction or amendment) in accordance with the approved application.
  7. Once completed, the applicant must contact Council for a final inspection.

Note: only a properly-made application will be accepted by Council.

Service level

Gold Coast City Council and other South East Queensland councils have been developing an ALARMS risk-based framework aimed at prioritising workloads for Councils.

Removable fixtures require a minimum of one audit every year (re-inspections and complaint investigations are additional).

Design and fit out guidelines

Refer to Parts A, B and C of the application form and the attached 'Conditions Imposed for Removable Umbrella Structures on Footpaths'. Find the link to Conditions Imposed for Removable Umbrella Structures on Footpaths below.

Legislation

Jump to key information

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