Parklet Permits

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The Hobsons Bay Parklet Guidelines (the Guidelines) are intended to support eligible hospitality businesses to offer outdoor trading in car parking bays. The Guidelines detail the eligibility requirements, proposed application process, potential associated costs, and permit holder commitments associated with a parklet. The Guidelines should be read in conjunction with Council’s Community Local Law and sits alongside Hobsons Bay Footpath Trading Program.

As part of the Guidelines, a valid permit is required for any business wanting to install a parklet. To learn more about the parklet permit process please read the following documents:

What is a parklet?

  • A parklet is a sidewalk extension that provides more space and amenities for people using the street.
  • Parklets are usually installed on parking lanes and use 1-3 parking spaces.
  • Parklets typically extend out from the sidewalk at the level of the sidewalk to the width of the adjacent parking space.
  • To view parklet designs endorsed by Council read the Hobsons Bay Parklet Vendor Guide(PDF, 1MB)
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Can any business in Hobsons Bay apply for a parklet?

  • This program is intended for hospitality businesses.
  • You should be able to easily see the parklet from inside of your hospitality business 
  • Council may consider a non-hospitality businesses under exceptional circumstances.

Council Fees 2023-24

The following table provides a breakdown of Council parklet fees for 2023/24. If you wish to make your parklet permit annual fee payments on a monthly, quarterly or bi-annual basis, you must apply using the Hobsons Bay Parklet Application Form(DOCX, 328KB).

Fee Type

Indicative Fee

Period

Parklet permit application fee*

$500

One-off fee

Parklet permit annual renewal fee**

$125 per square metre

Renewable 12 months

Make good bond***

$1,000

Refundable at termination of The Permit

* Application fees are non-refundable

**Note this charge is the 2023-24 parklet fixed area fee and inclusive of any furniture (e.g., tables and chairs) within the space

***A bond will be retained for ‘make good’ requirements. 

Other Costs

In addition to Council fees and charges, there are several other business costs that should be considered prior to applying for a parklet permit. (Note: the following are estimates only)

Type

Frequency

About

Parklet design

Upfront payment

Business to source parklet design from a qualified vendor. (Note: Hobsons Bay City Council has prepared two parklet designs that may be used by businesses to reduce this cost. See the Hobsons Bay Parklet Vendor Guide(PDF, 1MB)).

Parklet materials and construction

Upfront payment

Cover costs related to materials and construction of parklet depending on design elements. Contractors who install the parklet must also apply and pay for a Road Occupation Permit. (Note: Costs for pre-approved parklet designs prepared by Council can be found in the Hobsons Bay Parklet Vendor Guide(PDF, 1MB))

Annual parklet maintenance

Annual

To cover costs associated with cleaning, maintenance and other ad-hoc works

 

What documents do I need to gather before I submit an application?

The following documents are required when submitting a parklet application. For more information, please read the Hobsons Bay Parklet Application Form(PDF, 442KB)

  • Site plan showing the parklet layout with proposed furniture and equipment
  • Photos and manufacturer’s specifications of the design of the parklet infrastructure
  • Photo or designs of tables and chairs, umbrellas, or removable heaters
  • The applicant’s public liability insurance certificate of currency
  • The installation contractor’s insurance certificate of currency
  • Other documents in support of your application (e.g., letters of support from neighbouring businesses / residents) 

Who would be responsible for designing and installing my parklet (if successful)?

  • Businesses are also entitled to source other parklet designs from qualified vendors, noting these designs must be approved by Council prior to a permit being issued. 

Application Assessment

The Hobson Bay Parklet Guidelines(PDF, 642KB) is based on four principles which guide a parklets suitability. 

  • Pedestrian and Road User Safety
  • Transport Network Efficiency
  • Precinct Activation
  • Urban Design and Amenity

View all assessment criteria in the Hobsons Bay Parklet Guidelines(PDF, 642KB). Council officers will assess a parklet application against these criteria. If there is insufficient or missing information, a request will be made to the business to provide additional information. 

Application Process Overview

1. Pre-application 

2. Application 

  • Applicant submits an online parklet application (Includes: parklet design, site plan, public liability insurance, materials, letters of support etc.).
  • Applicant pays parklet application fee.
  • Parklet officer review application to confirm: letters of support, public liability insurance, valid site plan and included designs
3. Application Review (internal)
  • A Council parklet officer will review the application and ensure it meets the requirements as stated in the Hobsons Bay Parklet Guidelines(PDF, 642KB)
  • Should any information be missing, a request will be made to the applicant. 

4. Implementation (if approved)

  • If your parklet application is successful, you will be required to pay the parklet annual permit fee and make good bond. At this point a parklet permit and parklet licence agreement will be drafted for your review and signature. 
  • The contractor installing the parklet must apply for a Road Occupation Permit online here. 
  • After installation, a parklet officer will periodically inspect the Parklet to ensure all permit conditions are met

5. Parklet Renewal, Transfer or Removal

  • Renewal: automatic 12-month extension (only if fees are paid, proof of public liability insurance & no infringements received)
  • Transfer (options): (1) permit holder to request a transfer of the permit to a new host. (2) new host pays bond and a annual fee (3) old host refunded bond
  • Cancel the Permit and remove the Parklet: (1) host notifies Council and organises the removal and reinstates parking bays. A parklet officer assess reinstatement and refunds the bond (2) host does not notify Council – Council assumes ownership, offers to new business owner, removes parklet using bond

6. Ongoing Enforcement

  • Parklet is periodically inspected for compliance to permit conditions
  • If in breach of permit, enforcement under Council Local Law or removal of parklet and forfeit of bond.

General Terms and Conditions

Overview

Permits are reviewed towards the end of each permit period to ensure equity and accessibility for parklet owners. All permit renewals will be processed with consideration to current demand for parklets and the impact on local businesses and the Hobsons Bay community.

To apply for parklet permit, businesses must meet the following terms and conditions:

  • Public liability insurance – Applications must include a certificate of currency for public liability insurance to the sum of $20,000,000 and noting “Hobsons Bay City Council’ as an interested party, and commitment to maintaining currency.
  • ABN – If applying as a business or company, Applicants must provide proof of business or company registration (ABN).
  • Amenity – At no stage must a parklet directly or indirectly cause or allow to be caused a civil nuisance or, in the opinion of a Council officer, an unreasonable disruption to another party. Regard must also be given to the nuisance provisions of the Public Health and Wellbeing Act 2008 and the unreasonable noise requirements of the Environment Protection Act. If an authorised officer observes a breach in amenity associated with the parklet Council reserves the right to require a noise and amenity complaint mitigation procedure be developed.
  • House of Operation – Trading within a parklet area is to cease by 11pm for hotels and bars, and 1am for restaurants and cafes – unless over-ridden by a planning permit or at the request of an authorised officer. These times are in place to ensure nearby residents are not negatively affected; Council reserves the right to determine Parklet trading hours.
  • Hygiene and cleanliness – To ensure the hygiene and cleanliness of a parklet is maintained, the following standards apply:
    • litter must be cleared from the trading area by the permit holder at all times.
    • food scraps and any other rubbish within the immediate area must be removed and deposited within the permit holder’s own bins kept within the premises.
    • litter generated by parklet trading must not be swept into the street gutter, or adjacent footpath areas. It must be picked up and deposited within the permit holder’s own bins kept within the premises.
    • trade waste must not be placed in public street bins.
    • Council’s street cleaning services operate in the early morning to ensure minimum disruption to local businesses. However, the permit holder has a responsibility to keep the parklet area and nearby street or footpath clean and must work with the Council to ensure this is achieved.
    • Any damage or graffiti must be dealt with as soon as practical by the Permit Holder.
  • Tobacco Act requirements – The parklet must comply with the requirements of the Tobacco Act 1987. No smoking is permitted within a 4m buffer of food being served of adjoining premises. No smoking, shishas or vaping may take place in the parklet. 
  • Subletting – The parklet must not be sublet to another entity during the term of the agreement
  • Termination of Permit or Non-Compliance:
    • Council may terminate a parklet permit and require the business to remove the Parklet if the business breaches the terms and conditions set under The Guidelines(PDF, 642KB) and, if the breach is capable of being remedied, does not remedy the breach within 7 calendar days of receipt of written notice from the Council.
    • Further, non-compliance may leave the parklet owner in breach of Hobsons Bay Community Local Law. 
    • Council reserves the right, irrespective of anything contained in the Guidelines(PDF, 642KB), to revoke, suspend or cancel a permit that has been issued, or the approval of a parklet. Council may refund on a pro-rata basis any permit application fees that have been paid, but will not be liable for any lost business, income or other business cost associated with the exercise of this clause.
  • Events and capital works – Businesses must accept any Council approved major events, minor events, capital projects and/or maintenance works will take precedence over parklet permits.
  • Display of permit – A current copy of the parklet permit must be provided to an authorised parklet officer when requested while conducting activities on Council owned and managed land.
  • Additional Approvals – Council may require approvals from other relevant regulatory bodies such as Victoria Policy, Worksafe, Department of Transport or the VGCCC as relevant.