Parklet and Street-Side Dining Program Guidelines

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CITY OF HOBART

Parklet and Street-Side Dining Program Guidelines

Repurposing kerbside space for seating and dining

Key terminology

Term Meaning

Amplified Music

Applicant

Live or recorded music that has been made louder or more powerful using electronic equipment.

An individual or group who has applied to the Program.

City City of Hobart

The area of the footpath is maintained for safe and equitable pedestrian circulation that is free from obstructions and assists in wayfinding and navigation. Also referred to as the continuous accessible path of travel, which is defined by the Australian Human Rights Commission in the Advisory Note on streetscape, public outdoor areas, fixtures, fittings and furniture (8 February 2013) as:

Clear path of travel

EOI Period

Host

‘Kit of parts’

Outdoor dining

Parklet

Permit

Permit area

Permit holder

Public space

Street-Side Dining

An uninterrupted route to and within an area providing access to all features, services and facilities. It should not incorporate any step, stairway, turnstile, revolving door, escalator, hazard or other obstacle or impediment that would prevent it from being safely negotiated by people with disability.

The Expression of Interest Period during which applicants can apply to the Program.

An individual or group who has successfully obtained a Parklet/ Street-Side Dining area and is considered responsible for it.

A set of standard, pre-designed elements that can be assembled in a number of ways to create a structure, allowing ease of transport and reduced costs.

Dining spaces in public spaces.

A small urban space, usually located in what was previously a car parking space, that is open to use by the general public at all times. Refer to page 6 for more information.

A permit obtained under the City’s Public Space By-Law, By-Law 4 of 2018.

The area authorised by the City to be occupied by the licensee under the City’s Public Space By-Law, By-Law 4 of 2018.

The person authorised to occupy the permit area more specifically described in the licence.

Defined under the City’s Public Spaces By-Law 2018.

A small urban space, usually located in what was previously a car parking space, that functions as an exclusive commercial area during business hours and is open to the public at all other times. Refer to page 6 for more information.

Purpose

While Parklets have been a tool for cities and communities to enhance the vibrancy of their streets for over a decade, during the COVID-19 pandemic, many cities discovered the value of transforming on-street and kerbside space to extend outdoor dining space and waiting areas, to complement new restrictions on restaurant capacity, and to provide support to local activity centres by helping cafes, bars and restaurants to continue trading.

In Hobart, with the support of the Tasmanian Government, expanded footpath areas for outdoor dining were installed in Elizabeth Street, between Melville and Brisbane Street.

The Parklet and Street-Side Dining Program (The Program) seeks to build on the benefits of that initiative.

Specifically, it aims to support businesses by providing higher-quality amenities for visitors and residents. The Program seeks to empower our business community to improve our public spaces in a collaborative, responsive and equitable way while improving the accessibility of Hobart’s footpaths by removing obstructions from the building edge.

The Program provides the following benefits:

• Promotes vibrancy in the city centre and neighbourhoods

• Empowers our business community to improve our public spaces in a collaborative, responsive and equitable way

• Improves the accessibility of Hobart’s footpaths by removing obstructions from the building edge

• Enhances walkability

• Provides additional outdoor dining space supporting businesses

• Supports local city placemaking

• Fosters community interaction and connectivity

• Increases street activity and passive surveillance

• Provides lower cost options and trials.

The following guidelines seek to assist potential applicants who may wish to apply for a permit to install their own on-street space.

Frequently asked questions

What is a Parklet?

A Parklet is a small, publicly accessible space, created by adapting on-street parking spaces in an existing streetscape (Figure 1). Parklets repurpose part of the street for use by the community. Parklets are for anyone to use and provide places to rest, eat, work or connect. Parklets provide basic amenities like bike parking, greening and seating and help businesses by encouraging people to stay longer in a precinct or city block. Parklets are a point of interest in an otherwise conventional streetscape, providing positive experiences for residents and visitors.

Parklets are public spaces and should be welcoming to all, even those who may not intend to patronise a specific business.

Figure 1. A one-day temporary Parklet example in Elizabeth Midtown.

Frequently asked questions (cont.)

What is Street-Side Dining?

Street-Side Dining is a commercial outdoor dining space created by repurposing on-street parking spaces in an existing streetscape. Unlike Parklets, Street-Side Dining provides spaces for the exclusive use of patrons of the host businesses, during the trading hours of those businesses.

Outside of these hours the areas MUST function as public spaces and should therefore also be accessible and welcoming to passers-by.

The hours of commercial operation need to be clearly communicated on-site.

In Midtown Elizabeth Street for example (Figure 2), local traders are permitted to occupy the expanded outdoor dining area for commercial purposes during trading hours. At other times, these spaces are available for public use.

The host trader participating in the StreetSide Dining Program must have a Permit to Occupy the Public Space, in the same way that a permit is required for outdoor dining on the footpath.

Figure 2. A Street-Side Dining example in Elizabeth Midtown.

Who can host a Parklet or Street-Side Dining?

Anyone with a presence on the street can host a Parklet or Street-Side Dining. This includes:

• Business owners

• Property owners

• Not-for-profit and community organisations.

Shared / joint applications are strongly encouraged. In these situations, officers will work with the group (whether these be a business or community group) to establish the most appropriate form of agreement with the City.

What Programs are available?

There are two Programs available, each with the option of having a Parklet or Street-Side Dining:

• Program One: short term (12 months)

• Program Two: long term (Up to 5 years).

When can you apply for the Programs?

There will be a set period for expressions of interest (EOI Period), during which applications will be open for Program One or Two. Check the website for the next available period.

How can you apply for the Programs?

When the EOI Period is open, you will be able to apply. The application must include, at a minimum:

• Completed application form

• Sketch (or photos) showing the location of the parking space, clearly identifying roads, surrounding businesses and existing street infrastructure

• Sketch showing proposed furniture layout, including dimensions, and any plants/greening proposed.

Applicants can also include any letters of support from neighbouring businesses/ residents.

What other approvals may be required?

A Permit to Occupy will be required under the Hobart City Council Public Space ByLaw, By-Law 4 of 2018. Please note this permit requires that all applicants obtain and hold a current policy of Public Liability Insurance for an amount of not less than $20,000,000 (twenty million dollars).

For applicants that plan to serve liquor, new or updated licences need to be obtained through the Tasmanian Government’s Liquor and Gaming Branch.

A planning permit is not generally required for other street locations, unless a permanent shade structure is included.

A building permit is required where the installation is more than 2.4 metres high.

Program One: short term

This Program provides interested parties with an installed ‘kit of parts’ to allow the installation of a Parklet/Street-Side Dining area for 12 months only.

Access to these installations is limited to three per year and is granted through a formal annual application process. Potential applicants can apply during the EOI period. Check the website for the next available period.

The City undertakes the installation and removal of the kit (including all signage, planning, and authority approvals) at no cost to the successful applicant.

Please note that Permit to Occupy fees will still apply.

The kit includes a modular decking system, precast concrete kerbing, planter boxes, and all on-ground and traffic signage. Furniture and other fittings are not included. An illustration of a typical installation is shown in figure 3.

Installation requirements

If the applicant is successful, the ‘kit of parts’ will be constructed and installed by the City.

The applicant may choose to add other elements to the installation, including furniture and additional planting, subject to the General Guidelines. These are to be supplied by the applicant at their own cost.

Fees and charges

• Application and assessment fees: $0

• Equipment hire and maintenance fees: $0

• Permit to Occupy fee: As detailed in the City’s Fees and Charges booklet.

precast concrete kerbs installed around the outdoor dining area and leaving a gap near the gutter for overland ow

decking to create level outdoor dining surface o existing footpath

chevron linemarking

planter boxes around outdoor dining area

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precast concrete kerbs installed around the outdoor dining area and leaving a gap near the gutter for overland ow

decking to create level outdoor dining surface o existing footpath footpath

linemarking

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planter boxes around outdoor dining area

Program Two: long term

This provides a clear pathway for interested parties to apply for the longerterm installation of a Parklet/Street-Side Dining area, using a standardised footpath extension methodology.

Street-Side Dining is at the applicant’s own cost.

A budget allocation to support the provision of Program Two-style Parklets at no cost, provided they do not involve any commercial activities, will be considered in a future financial year, subject to the level of interest demonstrated during the Program’s initial year of operation. These installations are expected to be primarily initiated by community or residential groups, with occasional involvement from interested traders.

These can be installed initially for 5 years, with this term being renewed after this date.

A typical footpath extension is shown in figures 4 and 5. This installation does not include planter boxes or furniture. Planters can be hired annually from the City.

A fixed furniture design solution, designed by the City, is available for applicants to construct at their own expense. Alternatively, furniture will need to be supplied by the applicant.

Installation requirements

The City’s concrete base solution must be used as a base to extend the footpath. This configuration will be designed by the City of Hobart in consultation with

the applicant. The assessment process will include stormwater flow and traffic engineering considerations. This may mean that some locations are not suitable.

The design must include removable barriers (such as café barriers, planter boxes or similar) between the dining area and traffic.

Where the structure is located over a City of Hobart asset (such as stormwater) a further engineering assessment may be required.

If the applicant is successful, the base will be constructed and installed by the City of Hobart.

The cost of all the above services will be attributed to the applicant.

Design and construction contribution

Successful applicants will be required to pay a contribution for the design and construction of the footpath extension.

The base fee is detailed in the City’s Fees and Charges booklet. However, it may be higher in some cases due to the complexity of the design, construction and/or stormwater provisions.

There are two options for payment:

1. In full prior to the commencement of works.

2. Paid in instalments over 5 years.

Other fees and charges

• Application and assessment fees: $0

• Equipment hire (planter boxes including plants) and maintenance fees: As detailed in the City’s Fees and Charges booklet

• Permit to Occupy fee: As detailed in the City’s Fees and Charges booklet.

Figure 4. Typical footpath extension drawing.
Figure 5. Typical footpath extension with concrete base and grating in Collins Street, planter boxes are

Application and approval process

STEP 1

Have a chat

Potential applicants are encouraged to reach out via coh@hobartcity.com.au or 6238 2711 to arrange a chat.

STEP 2

Apply during EOI Period

When the EOI Period is open, applicants can apply for Programs One and/or Two using the online form. Each Program has the option for a Parklet or Street-Side Dining. Check the website for the next available EOI Period.

STEP 3

Assessment by City officers

Once the EOI Period is closed, the City will assess the proposals using the following criteria:

• Alignment with Program’s purpose and guidelines

• The proposed location and suitability of the site

• The potential for the installation to contribute to the street

• Any evidence of support from neighbouring residents and businesses

• Commitment from the applicant to cleaning the area.

Following the assessment, officers will create a shortlist of proposals. Applicants will be advised on whether their proposal made the shortlist.

STEP 4

Community consultation

The City will send notices to businesses and residents affected by each shortlisted proposal (occupiers in shops and properties within 50m of the proposed location).

There will be a 10-business day period during which community members can provide feedback.

STEP 5 Officer recommendation

Following the community consultation period, the officers will provide a recommendation for each proposal. The final decision will reside with the Chief Executive Officer under delegated authority.

If an application is approved, officers will be in touch to support the applicant through the next steps.

If an application is declined, officers will be in touch to explain the reasons why.

STEP 6

Program Two only - detailed design

City officers will assess furniture and associated structure design for safety and structural integrity.

STEP 7

Agreements signed

Two agreements outlining the responsibilities and rights of both parties will be drawn up and signed by the applicant and the City.

The Licence Agreement will cover things like:

• Maintenance, installation and removal

• Cleaning

• Dispute resolution.

The Contract Agreement for Infrastructure will cover things like:

• Payment

• Compliance

• Data collection.

Refer to page 21 for more information.

STEP 8

Permit issued

A separate Permit to Occupy will be issued, outlining occupancy boundaries and conditions for using the public space.

STEP 9

Construction and installation

The City will install the ‘kit of parts’ or the footpath extension for the Parklet/StreetSide Dining area.

STEP 10

Ongoing maintenance

The permit holder will need to keep the area clean. The City will water planter boxes (if applicable) and undertake the general maintenance of the installation or footpath extension.

STEP 11 End of Program

For Program One, the ‘kit of parts’ will be removed after 12 months.

For Program Two, after 5 years it will be considered that the project is complete. Any future use of the footpath will be continue managed under the Permit to Occupy Public Space.

Site considerations

Approval can only be given for Parklets/ Street-Side Dining area in parking spaces on City of Hobart owned roads.

Part of an application’s assessment will be to determine that the location is safe and suitable for Parklet or Street-Side Dining installations.

Ideal locations

Parklets and Street-Side Dining will only be considered in areas where, as assessed by the City, sufficient commercial or public activity is likely to exist. This is to ensure the area is used, cared for and enjoyed, contributing life to active streets. Ideal locations of Parklets include neighbourhood activity centres, retail precincts and the city centre.

Parking space

The structure is to be contained wholly within the parking space/s directly in front of the benefiting business, without occupying space in front of adjoining businesses (unless otherwise agreed).

Accessible car parking spaces are not to be used for Parklets or Street-Side Dining.

Speed limits

Parklets and Street-Side Dining installations are suitable on streets where:

• The speed limit does not exceed 40km/h

• Traffic calming is in place and the speed limit does not exceed 50km/h.

Space on site

Potential locations for Parklets and StreetSide Dining should meet the following requirements:

• Have sufficient space for the installation structure to be contained wholly within the area directly in front of the benefiting business

• Not be located partially or directly in front of adjacent properties (unless otherwise agreed by the affected business/residents)

• Be located within kerbside parking bays, metered or unmetered

• Be a location where it is considered acceptable that a street sweeper will not be able to brush / sweep the road surface and kerb

• Have a minimum of 3 metres clear width between the inside (kerbside) edge of the chevron line marking and the nearest lane line / centre line or opposite parking lane

• Have sufficient space for a driver to manoeuvre into and out of adjacent kerbside parking or driveways.

Site suitability will be assessed for each application on a case-by-case basis.

Maintaining access

The installation must not negatively impact or obstruct:

• Pedestrian, bicycle or vehicular movement

• Sight lines at road junctions or vehicle access crossovers (driveways)

• Access to fire plugs, manholes, or similar underground service hatches

• The use of parking bays adjacent to the applicant’s premises (unless otherwise agreed by the affected business/ residents).

Visibility

Potential locations should have sufficient street lighting to minimise the risk of collision with the structure.

Steep sites

Steep sites may be considered; however, this may not be possible given stormwater performance and cross-fall considerations.

General guidelines

The hosts of Parklets/Street-Side Dining areas must comply with the guidelines below.

Setbacks

The permit area should have minimum setbacks of:

• 300mm from the face of kerb

• 500mm from any street tree guard, pit or grate

• 1 metre from any bus stop or driveway

• 1 metre from service objects, including public seating, bike racks, parking meters, or rubbish bins.

These minimum setbacks are subject to review and may be altered after consideration of site-specific risks and constraints.

Design considerations

The design should consider:

• Sustainability – locally sourced, sustainably harvested and recycled materials should be used where possible

• Quality – elements should use high quality materials and planting, and seating comfortable.

Where possible, the City will consider the provision of bicycle parking at its cost. This may be incorporated into the design or on the street adjacent to the installation.

Plastic grass is not permitted in any setting.

Furniture

Beyond what is offered Program One, the City will not provide any furniture, which must be provided by the permit holder. Furniture includes tables and chairs, barriers, umbrellas and outdoor heaters. All furniture must:

• Be placed within the permit area

• Be strong, durable and weather resistant

• Allow access for all users, including wheelchair or mobility aids users

• Maintain absolute visual clearance vertically from 1.1 metres off the ground surface

• Not be fixed to the ground surface without government approval.

Temporary versus fixed in place

Furniture should be temporary. It should be able to be removed and stored safely indoors outside of trading hours.

However, the City is open to the consideration of fixed in place furniture on a case-by-case basis, particularly in relation to Parklets. In these cases:

• Any such furniture will need to be in line with Council design as above

• All furniture should be fully prefabricated before being installed on site

• All furniture must be able to be installed and removed within 24 hours

• The permit holder should notify the City at least 5 business days prior to

Surface level

The surface of the installation will have the same cross-fall as the road surface on which it has been built. It is the responsibility of the permit holder to ensure that supplied furniture is safe and comfortable for use. Where gradients exceed 2.5 per cent, or 1 in 40, it is recommended that furniture be adjustable so that seats and tables can be made level.

Tables and chairs

Tables and chairs that form part of the outdoor dining set-up (also including stools and benches) are required to:

• Allow access for all users, including wheelchair or mobility aids users

• Maintain colour and luminance contrast to at least 30 per cent to the street so as not to obstruct pedestrians with low vision.

Barriers

Barriers are installed to provide a safe dining experience for customers. Barriers can include cafe barriers, planter boxes and windscreens. These are required to:

• Be weighed down to prevent movement

• Have a gap of 110mm to 150mm from the ground to the underside of the barrier

• Be no more than 1.5 metre high.

Umbrellas and canopies

Where umbrellas are used, these are required to:

• Be supported by a centre pole system

• Be weighed down to prevent movement

• Have a single solid colour for the fabric

• Have a minimum height clearance of 2.2 metres from the ground surface to the underside of the umbrella

• Not be closer than 750 mm to adjacent traffic lanes when fully opened and must also consider local permanent conditions

• Be removed in high winds and at the close of business each day

• Not obstruct overhead awnings or canopies

• Not interfere with existing surrounding infrastructure.

Drop-down blinds, enclosures and canopies are not permitted. Umbrellas connected together by zippers or similar are considered a canopy.

Signage and branding

Signage and branding are important to businesses. However, excessive logos and advertising add visual clutter to the streetscape and make general wayfinding more difficult.

Signage and branding graphics can cover no more than 30 per cent of the surface area of the panel of a barrier or umbrella. No advertising is allowed on any other furniture.

Signage on fixed barriers or umbrellas will require a planning permit. Any additional signage may also require a planning permit.

Electrical supply

Proposals for the provision of electrical supply in Parklets/Street-Side Dining installations is very difficult to deliver given land ownership, engineering and constructability considerations.

Accordingly, these will be considered on a case-by-case basis.

Outdoor heaters

Electric outdoor heaters are not permitted without the City’s approval. Where outdoor heaters are used, they are required to:

• Be turned off when outdoor dining area is not in use

• Satisfy Australian Standard AS/NZS 1596:2008.

Music

Amplified music is permitted within the permit area and is required to:

• Play only between the hours of 12pm and 10pm

• Be measured on sound level measuring equipment at a distance of not less than 3 metres from the speaker and background noise does not exceed an average of 70 DBA over a period of 1 minute

• Lower the volume or cease the music when directed by the City or Tasmanian Police.

Portable music equipment or live music is not permitted without the City’s approval.

Lighting

Private lighting is permitted within Parklet/ Street-Side Dining installations as long as it:

• Operates outside of daylight hours

• Is placed within the permit area

• Does not diminish the safety and amenity of outdoor dining customers, the public and road users, and not feature flashing or strobe effects

• Does not reduce the amenity of other uses in the area by creating glare or light spillage/light pollution

• Is constant, subtle and white, with a colour temperature of 3,000k or less.

Accessibility

The Parklet/Street-Side Dining Area must:

• Only be accessible from the adjoining footpath

• Not require steps or ramps to access

• Not be used as a storage area.

Where additional structures are proposed (such as tiered decking to mitigate the slope of the street) this must be fully accessible, durable and non-slip. Loose material such as sand or stone are not permitted.

No smoking is permitted in the Parklet/ Street-Side Dining Area.

Clear path of travel

The City must ensure that the footpath and other public spaces enable safe and equitable access for all footpath users. To achieve this, the City will ensure a minimum clear path of travel (Figure 6) is maintained to the following suitable minimum widths:

• 1.8 metres clear from building line or property boundary unless mentioned otherwise; or

• 2.4 metres clear from building line or property boundary of the following streets (Figure 6):

• – Elizabeth Street between Macquarie and Collins streets

– Elizabeth Street between Liverpool and Bathurst streets

– Collins Street between Murray and Argyle streets

– Liverpool Street between Murray and Argyle streets.

These minimum widths are subject to review and may change depending on future development of footpath upgrades

Change of business operator

An approval for outdoor dining is given to the operator of the business, and not to the business or the property owner. This means, that when the operator of a business with approval for outdoor dining changes, the approval is no longer valid and the new operator will need to get a new approval.

Agreements

There are two agreements as part of the permit process that will define operation and legal responsibilities, insurance requirements and the City’s expectations of the permit holder.

The Licence Agreement will define the permit area, and will include conditions relating to:

• Maintenance, installation and removal

• Use of area

• Furniture

• Cleaning

• Compliance with the law and directions

• Dispute resolution and termination

• The enforcement of non-smoking compliance.

The Contract Agreement for Infrastructure will cover:

• Compliance with the outdoor dining occupation permit

• Payment method

• Change of ownership

• Business ceased

• Data collection to assess the Program and inform future changes.

DOMAIN ROAD
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