Temporary outdoor dining on private property


The State Government has announced temporary changes to the Victorian Planning Scheme to support outdoor dining. If you are a pub, restaurant, cafe and other food and drink venue and have an existing planning permit to operate on your own land, then you will not need a further planning permit to add outdoor dining to your operations.

View the State of Emergency and Recovery Exemptions.

These planning exemptions will remain in place for 12 months following the end of the State of Emergency declaration.

To operate under the exemption the outlined conditions must be followed at all times. If we receive any complaints regarding public disruption we may need to review the business model.

The exemption offered under the planning scheme does not negate necessary compliance with under the  Building Act, Public Health Act or Council’s Local Law. All businesses are required to ensure they are operating within the public health guidelines and in accordance with their Covid safe plan at all times.

Building permits may be required for permanent, semi-permanent or marquee structures. Find out more about building permits. Here are some things to consider when thinking about adding a structure:

  • Complete the checklist on our website to confirm if you require a building permit.
  • Check with your insurance company to ensure you are covered for the structure.
  • Erect the structure in accordance with the manufactures recommendation.

If your property has a planning overlay, you may need consent. You can check if your property has an overlay on our Find out if I need a planning permit page.

All sales of liquor must comply with liquor licence provisions as required under the Victorian Commission for Gaming and Liquor Regulation. To obtain a temporary limited licence on private land please refer to VCGLR website

To take advantage of this exemption register the details of your proposal. 

Register for the exemption