What is the Development Notification Order (DNO) 2001and what are its provisions in relation to the placing of tables and chairs in public spaces?

The DNO 2001 is a legal notice issued by MEPA in 2001 and is intended to remove the requirement for a Development Application in a number of development initiatives including the placing of tables and chairs in public spaces. The DNO 2001 permits the placing of tables and chairs, with umbrellas, in public open spaces provided that (a) MEPA is notified; (b) MEPA does not, within 30 days of such notification, inform applicant that a Development Permission is required; and (c) provided further that:

(i) where situated in a pedestrian area (i.e. a pedestrianised, piazza or other area to which vehicles do not access), a passage for pedestrians of at least 1.5m in width is left clear and unobstructed between any group of tables and chairs belonging to one establishment and (a) any other such group belonging to any other establishment; (b) any physical obstruction or building;
(ii) where situated on a pavement, a passage for pedestrians of at least 1.5m in width is left clear and unobstructed between any group of tables and chairs belonging to different establishments; and between the tables and chairs and the facade of any building or physical obstruction, or between the tables and chairs and the edge of the pavement;
(iii) the tables and chairs would not impair visibility at a road junction or otherwise pose a threat to the safety of pedestrians or vehicular traffic;
(iv) the tables and chairs are not placed on a highway used by vehicular traffic;
(v) the tables and chairs are not separated from the premises which they serve by a highway used by vehicular traffic;
(vi) the tables and chairs do not obstruct access to any adjoining property;
(vii) any physical means of enclosing a group of tables and chairs shall be appropriately designed and maintained, and shall comply with the above subparagraphs; and
(viii) any umbrellas shall be sited within the group of tables and chairs and comply with the above subparagraphs.

You are advised to consult the actual text of the DNO 2001 for precise interpretation.