Council Approval for Food & Drink Premises
Food and drink premises - cafes, restaurants and takeaway food shops - sit under two separate obligations that operators often assume are one process. The first is planning approval, which may be complying development or a full DA depending on the Codes SEPP and your site. The second is a mandatory food business notification under the Food Act 2003 (NSW), alongside compliance with the food premises construction requirements in the Food Standards Code. EHUP manages both in the one engagement so the planning sign-off and the food safety notification land together, not weeks apart.
Free consultation
- 2-6 weeks depending on pathway and premises condition
- From $2,400 + GST
- Quoted fixed after a free scope check
Two obligations, one opening date
Every food and drink premises in NSW carries two separate compliance streams. Planning approval governs whether the use and the physical works are permitted on the site. The food business notification under the Food Act 2003 (NSW) governs whether you can legally operate once the doors open. Treating these as a single process is the most common mistake we see.
Designing the fitout around both frameworks
The Food Standards Code sets out construction requirements - surfaces, hand-washing, exhaust, grease management, waste storage - that are far cheaper to design in at the fitout stage than to retrofit. We fold these requirements into the same set of drawings used for the planning submission, so the fitout only needs to be built once.
How it works
Premises and use check
24-48 hours
Zone, existing approved use, and Codes SEPP eligibility for the fitout and use.
Pathway confirmation
2-5 days
Complying development, DA, or change of use, matched to your target opening date.
Documentation
1-2 weeks
Fitout plans plus the food safety documentation required for notification.
Approval and notification
1-3 weeks
Planning sign-off and food business notification finalised in parallel.
What we take off your hands
What EHUP handles
- Planning pathway assessment - complying development or DA
- Food business notification under the Food Act 2003 (NSW)
- Checking the fitout against Food Standards Code Chapter 3 requirements
- Mechanical exhaust, grease arrestor and waste management coordination
- Change of use assessment where the premises was not previously a food use
- Sequencing the planning and food safety steps so neither delays opening
What you don't have to deal with
- Assuming a planning approval alone lets you legally operate a food business
- Building a fitout that fails a food safety inspection after the money is spent
Frequently asked questions
Is a food business notification the same as a development approval?
No. They are separate obligations under different legislation. Planning approval deals with the use and the physical works; the food business notification under the Food Act 2003 (NSW) deals with your obligation to notify council or the relevant authority before operating, regardless of which planning pathway applied.
Can my fitout be complying development?
Where the premises and the proposed works satisfy the Codes SEPP in full, yes - see our dedicated page on CDC for restaurants and cafes for the fast-track detail. Where it does not qualify, a standard development application applies instead.
What food safety requirements affect the fitout design?
Hand-washing basins, mechanical exhaust, grease arrestors, cleanable surfaces and pest proofing are common requirements under the Food Standards Code. These are best designed in from the start rather than retrofitted after a fitout is built.
Do I need a separate inspection before opening?
Many operators arrange a pre-opening food safety fit-out check to catch issues before the official inspection. We offer this as a standalone service where you only need the food safety side confirmed.
Related services
CDC - Restaurants & Cafes
A cafe or restaurant fitout, and in many cases the change of use to a food premises, can be certified as complying development in as little as two to three weeks where the premises satisfies the Codes SEPP in full.
Food Premises Inspection
Opening, buying, or upgrading a food business? Our food safety consultants help you identify risks and compliance requirements before you commit - saving you time, money, and unnecessary delays.
Change of Use
A change of use application is needed when the building stays the same but what happens inside it changes - retail to cafe, warehouse to gym, office to medical suite.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.