Roadside Stalls

Roadside stalls are temporary structures used for the retail sale of agricultural produce or hand-crafted goods produced by the property (or adjacent property) on which the stall is situated. 

Typically roadside stalls require development consent, however small-scall roadside stalls can be installed without the need for a development application provided the stall meets the following requirements (in accordance with the Ballina Local Environmental Plan 2012):

• The roadside stall is used for the sale of only agricultural produce.
• The roadside stall must be located on land within Zone RU1 Primary Production or Zone RU2 Rural Landscape.
• The stall must be located wholly on private property (not on land adjacent to a classified road).
• The footprint of the stall must not bet greater than 4m².
• No more than 1 roadside stall may be used on any landholding.
• Any relevant approval issued under the Roads Act 1993 must be obtained.

In order to obtain necessary Roads Act approvals, a Section 138 application must be submitted. Council staff will assess the Roads Act application against safety criteria including:

• There must be adequate space within the road verge to allow for parking of two vehicles at least.
• There must be sufficient space for vehicles to enter and exit the roadway in a forward direction.
• The parking space must be of consistent vertical alignment and grade with the roadway.
• There must be an all-weather gravel sealed shoulder with sufficient width to allow vehicle occupants to enter and exit vehicles in a safe manner (minimum area of 3.5m x15m)
• There must be adequate unimpeded minimum sight distances in both directions (in accordance with AS2890.1.2004). (ie. speed zone 60km/hr, minimum sight distance 65m. Speed zone 80km/hr, minimum sight distance 105m. Speed zone 100km/hr, minimum sight distance 160m).

Council are also required to consider guidelines for Street Vending issued jointly by Transport for NSW and the Office of Local Government when issuing Roads Act Approvals.

Costs associated with any works required within the road reserve to ensure safe access to the stall, such as an adequate gravel shoulder, is the responsibility of the landholder.

This basic site plan illustrates the above standards:

If the stall does not meet this criteria for exempt small-scall roadside stalls, landholders will need to lodge a development application for a roadside stall. Please discuss this with Council staff before lodging a development application.