<strong>Richmond</strong> <strong>Valley</strong> Development Control Plan 2012(b)(c)(d)(i) temporary buildings or facilities for the management of construction, ifthey are in or adjacent to a road corridor, and(ii) creation of embankments, and(iii) extraction of extractive materials and stockpiling of those materials, if:(A) the extraction and stockpiling are ancillary to road construction, or(B) the materials are used solely for road construction and theextraction and stockpiling take place in or adjacent to a roadcorridor, and(iv) temporary crushing or concrete batching plants, if they are used solelyfor road construction and are on or adjacent to a road corridor, and(v) temporary roads that are used solely during road construction,emergency works, or routine maintenance works, carried out on an existingpublic road or on land that is adjacent to such a road (including on land towhich State Environmental Planning Policy No 14—Coastal Wetlands orState Environmental Planning Policy No 26—Littoral Rainforests applies but,if they are on such land, only if any adverse effect on the land is restricted tothe minimum possible to allow the works to be carried out),alterations or additions to an existing road (such as widening, duplication orreconstruction of lanes, changing the alignment or strengthening of the road),environmental management works, if the works are in or adjacent to a roadcorridor.(4) Footway activitiesFootway activities consist of street trading, street stalls and other fundraisingactivities from within a public road.While acknowledging the importance of footway activities, <strong>Council</strong> must bemindful that footpaths are available for everyone to use and it is critical that itis understood that commercial use of public space is a privilege not a right.The essential key to an effective accessible pedestrian system throughoutshopping precincts is the development and maintenance of a continuousaccessible path of travel. This should extend out from the road alignment toprovide a consistent footpath environment inclusive of the needs of thecommunity, including older persons or people with a disability. In order toachieve this, any street furniture, signs, traders, activities or displays shouldbe located towards the kerb side not along the road alignment (propertyboundary to the public road). This is consistent with best practice guidelinesissued by the Human Rights and Equal Opportunity Commission.(a) Suitable LocationsFootway activities may be approved in all <strong>Richmond</strong> <strong>Valley</strong> <strong>Council</strong> publicroads under the control and/or management of <strong>Council</strong>, where local conditionsare favourable for their operation.(b) Unsuitable LocationsFootway activities are not permitted in areas where there exists high to veryhigh pedestrian use or other public uses, such as adjacent to taxi ranks, busstops, loading zones, fire hydrants, within potentially hazardous locations suchas on street corners or an unprotected elevated location, or outsideemergency exits.The location of landscaping, trees, artwork, street furniture and other publicinfrastructure, as well as the width of the street and footpath, may precludethe establishment of footway activities. Furthermore, such things as AlcoholFree Zones will restrict the capacity of an activity to sell or enable theconsumption of alcohol with a public road.<strong>Part</strong> I – <strong>Other</strong> <strong>Considerations</strong> – Dev. In, On, Over or Under a Public Road I.28
<strong>Richmond</strong> <strong>Valley</strong> Development Control Plan 2012Another consideration will be Crime Prevention Through EnvironmentalDesign (CPTED) which provides guidelines on the sitting of development butalso how it should be designed to reduce the potential for crime, refer toChapter I10 for details.(c) Policies<strong>Council</strong> has a Footway Activities policy (Policy No. 2.2.4) and a KerbsideDining policy (Policy No. 2.7.10) that should be further consulted.(5) Leases, licences and/or covenants<strong>Council</strong> may authorise footway activities, kerbside dining, or structuralencroachments (such as shop front awnings) within a public road subject toentering a lease, licence and/or covenant agreement with the RoadsAuthority.Such agreements will be done in accordance with such statutory requirementsas:‣ sections 125, 138 and/or 149 of the Roads Act 1993‣ section 68 of the Local Government Act 1993<strong>Council</strong> may adopt a Policy in regard to the workings of such agreements.(6) Public Liability and Professional Indemnity<strong>Council</strong> requires that all activities in, on, over or under public roads, or withinpublic places generally, require authorisation by obtaining all relevantconsents and approvals prior to commencement.The person or organisation conducting the activity may be required to holdcurrent public liability insurance, workers compensation insurance, and/orprofessional indemnity insurance, with copies of certificates of currency to beperiodically submitted to <strong>Council</strong>.(7) Periodic Inspection of StructuresAny private structures constructed in, on, over or under a public road must bemaintained to a safe standard at all times by the owner of the premises towhich it is connected.<strong>Council</strong> may require such structures to be covered by a lease or licence and itmay be a requirement for such to be periodically inspected and certified by asuitably qualified professional.<strong>Council</strong> may adopt a policy in regards to the leasing or licensing of suchpremises and for periodic inspections.I2.3 Design standards/controls(1) Structures constructed in, on, over or under a public road(a) Projections for protection from the sun or for decorationProjections designed or intended as protection from the sun, and projectionsof a decorative nature such as cornices, eaves, sills, mullions and architraves,<strong>Part</strong> I – <strong>Other</strong> <strong>Considerations</strong> – Dev. In, On, Over or Under a Public Road I.29