6.3.3 Sex Service Premises

Objectives

  1. Provide appropriate planning controls relating to the use of a building or place as a sex service premise;
  2. Ensure that sex service premises do not adversely affect the amenity of land used for educational, recreational, residential, service industrial, business, cultural or community purposes; and
  3. Ensure that sex service premises will not have adverse impacts on the community.

Controls

Note:    The land use table and Schedule 1 Additional Permitted Uses in CLEP 2010 provides statutory land use controls for sex services premises in the Camden LGA.

  1. Development for the purpose of a sex service premise must not be carried out if the building or place is adjacent to any property used, or partly used for residential purposes.
  2. Sex services premises must not be located near, or within view from a place of public worship, child care centre, hospital, community facility, school, public open space, residential development or any place regularly frequented by children for educational, recreational or cultural activities.
  3. The operation of the sex services premise must not affect the amenity of the surrounding neighbourhood because of its size, operating hours, number of employees or clients.
  4. The entrance to and exit from a sex services premise is not to be within view of any place regularly frequented by children.
  5. A suitable waiting area is to be provided in the sex services premise to prevent clients loitering outside the building.
  6. The operator of a sex services premise must ensure proper conduct of patrons exiting the building.
  7. Sex workers must not display themselves in windows or doorways of the sex services premise or outside such buildings.
  8. The NSW Department of Health should be contacted in regards to relevant health standards for the operation of a sex service premise.
  9. Advertising signs and structures are to be discreet and inoffensive. No signs may display words or images, which are in the opinion of the Council, sexually explicit, lewd or otherwise offensive.
  10. Any sign should not exceed 0.3m x 0.6m in size (or other dimensions, but of equivalent surface area), and identifies only the name of the person who conducts the business or the registered name of the business.
  11. All buildings used as a sex services premise must be fitted with the necessary services and facilities which are currently required for Class 5 buildings (an office building used for professional or commercial purposes) under the Building Code of Australia.
  12. The development application must specify the name and residential address of the person responsible for operating the sex services premise. If development consent is granted, a condition of any consent will require written notification to Council of a change of name or address of the nominated operator.
  13. In determining a development application for sex services premises, Council consider:
    1. whether or not the operation of the sex service premise is likely to cause disturbance in the area when taking into account other sex service premises operating in the area or other land uses within the area involving similar hours of operation;
    2. the design and external appearance of the building and any associated structure and their impact on the character of the surrounding built environment;
    3. the content, illumination, size and shape or any advertisement and distinctive external lighting;
    4. the operation of the sex service premise is likely to cause a disturbance in the area because of its size, operating hours, number of employees or clients.

Note:  For Sex Service Premises, Council may include as a condition of consent a trial period for 12 months.