Footpaths provide a wide variety of uses for different groups including shoppers, tourists, public transport users, delivery persons, elderly persons, those with mobility needs, pet owners, young families and children. Local businesses also use footpaths as footpath trading areas.
Footpath trading is covered under the Whitehorse Community Local Law 2024 ( PDF 973.95KB) S2.12 as "temporary use of Council land" for commercial activities. This includes:
- Sale of goods and products
- Outdoor dining
- Displaying signs and other items
A permit is required from Council to use any Council-managed footpath, nature-strips or land for any trading activity. Permits are subject to guidelines ( PDF 547.5KB) and conditions, primarily to ensure pedestrian access, community safety, and amenity is not compromised.
Box Hill Mall has a separate Footpath Trading Permit application form to the rest of the municipality and Carrington Road has separate footpath trading guidelines ( PDF 1.6MB) to the rest of the municipality.
NOTE: Real estate agent portable display signs used anywhere in the municipality to advertise open homes and auctions requires a separate permit application.
To provide unobstructed access for pedestrians, the following zones have been created.
- Pedestrian zone
- Trading activity zone
- Kerbside zone
- Exclusion zone.
These zones are outlined in the diagrams below.
Permit period
Permits are valid from September to August each year and must be renewed annually.
Fees for new applications (GST Exempt)
All Areas Except Box Hill Mall (from 30 July 2025)
Selections available
- A/Board (one sign 1m high x 600mm wide)
- Goods on Display
- Tables, Chairs & Umbrella
- Plants
- Barriers
- Other
Selection Costs
The fee payment is calculated on the number of selections above.
- One selection $175.00
- Two selections $310.00
- Three selections $430.00
- Four selections $550.00
- Five selections $650.00
Box Hill Mall (from 30 July 2025)
Selections available
- Goods on Display
- Tables, Chairs and Umbrellas
- Barriers
- Other
Costs
The fee payable is calculated on the number of total linear metres multiplied by cost per linear metre.
Lodge an application
You will need the following details to submit a new application:
- A copy of your Public Liability Insurance Certificate of Currency (mandatory) for $20 million (available from your insurance company)
- Site plan (mandatory). For online applications please submit a scanned copy of the site plan
- Any images or supporting documentation for your application
- Application fee (mandatory)
Use the application links below or on the right hand side of this web page to lodge and application online.
Once you have submitted an application, Council will arrange to inspect your premises to assess the permit application. After the assessment, if your application is successful, a permit will be sent to you. If your application is unsuccessful, you will be notified in writing.
Footpath Trading Permit conditions and breaches
Permit Conditions
- The permit holder must ensure that all the permit conditions are complied with at all times.
- The permit holder must provide evidence of $20 million of public liability insurance for the permit period.
- The permit is not transferrable:
- Permits are not to be photocopied and the copies used by someone not named on the permit
- Permits are not to be leased, sold or given away
- No form of advertising of a permit for rent, lease, sale profit or other beneficial or fraudulent consideration of causing such an advertisement to be published is permitted.
- Permitted footpath trading furniture may only be situated in front of the business or the adjacent footpath space with permission from the adjoining business owner.
- Permits do not allow for exclusive use of an outdoor space and in some instances access may be required for a public event or permitted activity at Council’s discretion.
- Permitted footpath trading furniture, may only remain on the footpath whilst the related business is operating.
- The permit is only valid for the stated period.
- The permit holder must set up in accordance with the Disability Discrimination Act 1992 principles and relevant codes and standards to provide unobstructed access to others using the area.
- A minimum unobstructed distance of 1.8 metres must be maintained from the property line and 0.5m from the kerb at all times.
- Signs/display boards or banners must be securely fixed and so displayed that the possibility of injury to any person or damage to any facility is avoided.
- Permit applications must meet the requirements of the general footpath trading guidelines or specific footpath trading guidelines for Carrington Road, Box Hill.
- Only the footpath furniture items specified on the permit may be placed on Council land. All signs/display boards, banners or furniture must be secured for safety and cannot be left unattended.
- Footpath trading furniture and fixtures must be of a high standard in terms of design, appearance and style as well as being sturdy, reliable and suitable for their intended use and deemed appropriate and sympathetic to the streetscape. All footpath trading furniture and fixtures must be approved by Council.
- Council will NOT allow, without a separate valid Council permit, the installation of semi-permanent structures e.g. in-ground footpath furniture sockets, electrical lighting and sound systems on Council land. Note: Semi-permanent structures must be removed and the area "made good" when the sockets are no longer required.
- Approved semi-permanent structures such as café screens, retractable awnings and gas heaters attached to existing buildings or verandas must be capable of removal or relocation within 24 hours’ notice.
- Signs/display boards must comply with Clause 52.05 of the Victorian Planning Requirements and may not:
- Be reflective or flashing
- Be secured to trees or safety rails or bollards, or in such a manner that Council assets are damaged or public safety is compromised
- Advertise alcohol, cigarettes, or tobacco products
- Be worded or contain illustrations that are likely to cause offence to any person or organisation.
- The permit holder must abide by Section 3F (outdoor dining areas) of the Tobacco Act 1987.
- The permit sticker must be prominently displayed in the window of the permitted business location so it may be clearly seen from outside the business premises.
- At the conclusion of the permit period a new application form must be submitted with the required documentation and application fee.
- The permit holder will comply with all directions by a member of Victoria Police or Authorised Council Officer, including a direction that footpath trading cease or that the furniture items be moved to another location.
Permit Condition Breaches
If the permit holder breaches the permit conditions:
- The permit may be cancelled.
- Fines may be issued.
- Costs incurred by Council may be charged directly to the permit holder.
- Goods or equipment may be impounded.
- Future permit applications may be declined.
Renewing a permit
If you have an existing footpath trading permit, Council will send you a renewal notice before September each year.
It is a mandatory requirement that you submit a current certificate of currency from your insurance company with $20 million liability as part of your renewal and pay the required fee.
Payment for the renewals can be made online. Please use the payment reference ID supplied.
