Sydney’s Mlk Deli banned from placing seating on footpath after attracting resident complaints, safety concerns

The owner of a wildly popular Sydney deli has been left stunned after the City of Sydney council banned her from placing outdoor seating for diners in a stoush over pedestrian safety and ‘public dangers’.

Plans by a Sydney deli to place outdoor seats and stools outside the popular venue have been benched by the City of Sydney council following backlash from neighbours and concerns it could impact the safety of passing pedestrians.

Mlk Deli owner Myra Karakelle says she has been left “stunned” after council planners refused her request to allow additional seating outside the Surry Hills eatery.

The decision follows a flurry of complaints from some residents who raised concerns over potential noise and “health and safety” risks if the seating plan was allowed.

The decision also comes three weeks after Sydney Lord Mayor Clover Moore announced plans for the council to permanently waive outdoor dining fees to provide “crucial” support for the city’s hospitality sector.

The deli has previously been allowed by the council to have seating placed in a small section of the footpath however had applied for additional seating.

The deli’s outdoor seating plans have been knocked back by the City of Sydney Council.

The proposal was partly aimed at addressing safety concerns with the current seating area due to the proximity to a tree which has resulted in branches falling near diners.

Ms Karakelle said the additional seating was also needed to address indoor seating capacity constraints of the small deli which has soared in popularity since opening last year and boasts more than 10,000 followers on social media.

The venue’s plans included allowing stools and benches to be placed outside for diners.

The proposal was aimed at addressing capacity constraints inside the deli.

Around 12sq m was proposed to be used on the footpath for two small benches, three tables and nine stools.

“All we wanted to do has a few seats outside because particularly during lunch time periods there isn’t always enough seating indoors and if people can’t sit down a lot of people just choose to eat elsewhere,” Ms Karakelle said.

”The council is telling businesses that they want to have outdoor seating but then when you put in the application we get told it’s a ‘no’.

“As a small-business owner it’s a bit of a kick in the face.”

The footpath outside the Surry Hills deli.

In a statement, a council spokeswoman said the additional seating was not approved as it would have reduced the “width of path of travel for pedestrians from the previously approved two metres to 1.5 metres”.

“The City of Sydney’s Outdoor Dining Guidelines require a clear path of travel for pedestrians of at least two metres in width to maintain safe and equitable access,” she said.

“For these reasons, the application to increase the existing outdoor dining area was not approved.”

The rejection is not the first time council inspectors have visited the venue, with the deli previously ordered to remove an A-frame advertising board after it had attracted public complaints.

Residents showing crowds outside the venue.

Ms Karakelle believes the council’s refusal was partly a result of a “campaign” spearheaded by some residents who had raised concerns over potential noise, rubbish and crowds.

In one written submission to the council, resident Pip Naka claimed the deli had previously “flouted the rules” by placing stools outside the venue.

“I’m very concern(ed) for the health and safety of the public as well as mine,” she wrote.

“If you approved their application it will create hazards and danger.”

The deli opened last year.

The council’s waiving of outdoor dining fee waivers were introduced during the Covid-19 pandemic and has since been taken up by 993 businesses.

Ms Moore said the waiving of fees had helped small hospitality venues increase their turnover by “enticing crowds of people” to the city’s hospitality venues.

Ms Karakelle said she was disappointed by the decision but had “no choice” but to accept the outcome.

“I understand the council has to listen to concerns from residents but small businesses are part of the community as well and it would be great if they could listen to us too,” she said.