The Footpath Trading Policy was developed to provide the framework for the sustainable use and management of our footpath trading areas.
The City of Ballarat is committed to supporting the continuing growth of local business as well as enhancing the streetscape with vibrant activity.
However, while endeavouring to foster local business at every opportunity, it is imperative for Council to ensure that the access needs and rights of the general public are not compromised in any way.
Taking into account the current Disability Discrimination Act requirements and guidelines to achieve compliance with that legislation, it is evident that there is not enough area on some footpaths to allow footpath trading to the extent that has been permitted in the past. Some footpaths are not wide enough to allow for footpath trading at all.
It is important to recognise that the commercial use of public space is a privilege, not a right.
This policy is a deliberate strategy to ensure that pedestrians have unobstructed and safe access on our footpaths at all times.
The introduction of the policy requires those council officers responsible for the issue and enforcement of permits under provisions of Local Laws and other legislation to take certain matters into account when considering applications. It is an aim to establish an equitable basis by which applications for permits are considered and to establish clear parameters for applicants.
The following guiding principles have been used in developing this policy:
- Council aims to provide unobstructed and safe passage along footpaths at all times for pedestrians of all abilities in accordance with Council's Statutory responsibilities
- Footpath activity must make a positive contribution to the character and amenity of the area (and surrounding residential areas where applicable)
- There is a need for a clear policy for traders
- Recognition that the primary purpose of footpaths is safe pedestrian access, not trading.
This document supersedes the Signs and Goods on Road Reservations Policy 1995and the Outdoor Dining Policy 2003 and combines these superseded policies into a single policy in accord with other documents:
Disability Discrimination Act 1992 (Federal)
Equal Opportunity Act 1995 (State)
Councils Disability Access Plan - Access for All
Footpaths Infrastructure Policy
Local Law No.5