Footpath Trading and Structures Policy Guideline

Mackay Regional Council has adopted a the Footpath Trading and Structures Policy and Policy Guideline. The intent of the policy guideline is to provide certainty, clear expectations, consistency and a 'one stop shop' for traders and landowners on the requirements of establishing footpath trading and structures, including closer alignment to disability standards, across the Mackay region.

The vision

Council's vision is to create and maintain vibrant, diverse, dynamic, economically viable and pedestrian friendly centres that enhances and celebrates the unique sense of character, identity and experience of street orientated centres and businesses within the Mackay region.

The supporting principles of the vision include:

> Dynamic and vibrant centres

  • Create and maintain a streetscape that is functional, practical, comfortable and convenient.
  • Create and maintain a streetscape that is vibrant, engaging, interesting and exciting
  • Create and maintain a streetscape that incorporates, and is responsive to, views and vistas of built and natural features.

> Pedestrian friendly centres

  • Create and maintain a streetscape that is accessible, comfortable, enjoyable, healthy and safe for people of all ages and levels of ability
  • Create opportunities for people to enjoy and experience Mackay’s relaxed and pleasant tropical climate and lifestyle.

> Diverse and economically viable centres

  • Create and maintain a streetscape that supports and compliments the variety of commercial land use activities within centres
  • Create a vibrant, diverse and active streetscape setting that facilitates, supports and encourages economic growth and development.

> Centres with a point of difference

  • Create and maintain a streetscape that enhances and accommodates the region’s unique tropical lifestyle where streets provide outdoor living and recreation spaces.
  • Create and maintain a streetscape that is distinctive by capitalising on the region’s unique natural environment, generous street widths, and heritage.
  • Create and maintain a streetscape that offers a unique, enjoyable and memorable pedestrian experience where people want to visit and stay longer.

Where the policy applies

The policy will apply to street orientated centres and approved commercial activities (meaning commercial buildings/tenancies that are built up to the front property boundary) within the Mackay Regional Council area.

Policy implementation schedule

There are specific implementation responses for the following footpath trading scenarios – being new trading activities, existing trading approval holders, and existing unregulated trading activities requiring approval under the Policy. The implementation schedule includes:

  • For new footpath trading applications, the policy will immediately apply;
  • For existing footpath trading approval holders, voluntary compliance with the policy will apply up until June 30, 2016 with the official transitional period commencing July 1, 2016. Compliance with the policy is to be achieved by June 30, 2017 or the existing approval will cease;
  • For existing unregulated footpath trading activities now requiring approval under the policy, a transition period will commence at adoption working towards obtaining an approval for Financial Year 16/17.
  • For all new proposed footpath structures, the policy will immediately apply.

Making an application

It is strongly recommended to organise a pre-lodgement meeting with a council officer prior to submitting either of the following applications. In this meeting the council officer will be able to clarify any questions, advise of further referrals required, advise of fees associated with the application, and advise of possible concerns, issues or considerations council may have when assessing the application, which should be included and addressed in the application. The pre-lodgement meeting may also determine if the proposal should or should not advance to application lodgement.;

A pre-lodgement meeting can be organised by contacting council on 1300 622 529 or council@mackay.qld.gov.au. Pre-lodgement advice should also be sought from the Department of Transport and Main Roads where a footpath structure is proposed on a State controlled road.

> Footpath trading application:

Section 3.4 Footpath Trading Proposals and Approvals of the Policy guideline provides all of the requirements for preparing, lodging and paying for a Footpath Trading Application.

A Footpath Trading Application must be lodged and paid with council either:

  • in person at any of council’s Customer Service Centres
  • by email council@mackay.qld.gov.au; or
  • post to:
    Mackay Regional Council
    PO Box 41
    Mackay QLD 4740

> Footpath structures application:

Section 4.4 Applications and Approvals Process of the Policy guideline provides all of the requirements for preparing, lodging and paying for a Footpath Structure Application.

Before the footpath structure approval is issued by council where a structure is proposed to occupy an area within the road reserve, the landowner will be required to enter into a Deed of Agreement with council to formalise that approval. The Deed of Agreement puts sole responsibility on the landowner for the structure’s management, maintenance, public liability and removal. The Deed of Agreement must be signed prior to the approval of the Footpath Structure application.

A Footpath Structure Application must be lodged and paid with council either:

  • in person at any of council’s Customer Service Centres;
  • by email council@mackay.qld.gov.au; or
  • post to:
    Mackay Regional Council
    PO Box 41
    Mackay QLD 4740

Please click on the following link to access the Footpath Trading and Structures Policy and Policy guideline:

Further information and enquiries

Further information and enquiries in relation to the Footpath Trading and Structures Policy Guideline can be directed towards council's Health and Regulatory Services team by contacting 1300 622 529 or by sending an email to council@mackay.qld.gov.au.