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Food Premises

The construction and fitout of food premises is not exempt or complying development.  If you wish to open a food premises, construct a food premises or fitout a food premises there are special rules and approval requirements.

What are the rules for the construction and fitout of food premises?

 After obtaining development consent, the person who has the benefit of the consent must submit to Council details for the construction and fitout of food premises.  

Such details must demonstrate compliance with:  

  • the Food Act 2003, 
  • Food Regulation 2004,
  • the Food Standards Code as published by Food Standards Australia, and 
  • Australian and New Zealand Standard AS 4674-2004: Construction and fit out of food premises.

What approvals are required?

You must obtain Development Consent from Council for the Construction and Fitout of Food Premises.  You must then obtain a Construction Certificate.  When lodging your Construction Certificate application, it must contain detailed plans and specification for the fitout of the food premises.  The Construction Certificate plans and specifications must also be lodged with Council's Environmental Health Officers and the plans must comply with the above rules.

No Construction Certificate relating to the construction or fitout of food premises must be issued until Council’s Environmental Health Officers have advised in writing that the plans and specification are considered satisfactory.

The details for the construction and fitout of food premises, as considered satisfactory by Council’s Environmental Health Officers, must form part of any Construction Certificate.

Note: The assessment of food premises fitout plans and specifications is subject to an adopted fee.  The construction and fitout of food premises is not listed under clause 161 of the Environmental Planning & Assessment Regulation 2000 as a matter that a Certifying Authority may be satisfied as to.  Hence, the detailed plans and specifications must be referred to Council and be to Council’s satisfaction prior to the issue of any Construction Certificate for such works.

Warning to Accredited Certifier

You must not issue any Construction Certificate authorising the construction or fitout of food premises until Council's Environmental Health Officers have advised in writing that the plans and specifications are considered satisfactory.  Failure to comply with Development Consent conditions is a breach of clause 145 and clause 146 of the Environmental Planning and Assessment Regulation 2000 and Council will take appropriate action under its Enforcement Policy in relation to such breaches.

What other requirements are there for food premises?

Please review our Environmental Health Officer's advice about Food Businesses.

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