Part I - Other Considerations - Richmond Valley Council

11.07.2015 Views
Richmond Valley Development Control Plan 2012‣ Containers are not located within the front or side setback distances (asprovided for within the relevant zone—see Chapter I3);‣ Containers are not located over water, sewer or stormwater lines, orover an easement;‣ A means must be provided whereby persons within the container canexist the container, should is be closed from outside, OR an internalalarm is to be installed and maintained and regularly tested.(2) Temporary use of containers‣ No more than one container is used for temporary purposes;‣ The temporary purposes is not to exceed six months;‣ Containers are not located within front or side setback distances (asprovided for within the relevant zone—see Chapter I3);‣ Containers are in good condition, free of major rust and painted in acolour scheme consistent with other development on the site orsurrounding lands;‣ Containers are located so as to minimise visual intrusion to the publicrealm and adjoining properties;‣ Containers are only to be used in conjunction with an approved use ordevelopment on the land;‣ Containers are placed on hard-stand such as compacted gravel or thelike.I13.4 Alternative approaches and designsuggestionsAlternatives would be considered on merit but must be consistent with theperformance outcomes of this Chapter.Part I – Other Considerations – Shipping Containers I.136

Richmond Valley Development Control Plan 2012I14. Sex Services Premises, RestrictedPremises and Home Occupation(Sex Services)This section provides planning controls for the determination of developmentapplications and regulation of sex services premises, restricted premises andhome occupation (sex services) within the Richmond Valley Council area(RVC).Since the decriminalisation of sex services premises in 1995, local councilshave become the regulatory authority for legitimate businesses involving sexservices and shops. Sex services premises and shops cannot be excludedfrom any council area as it would be contrary to the intent of the 1995 reformsand does not uphold guiding EP&A Act principles discriminating againstlegitimate land uses.Council’s responsibility in relation to ‘sex services premises’ centres primarilyon land use planning under the Environmental Planning and Assessment Act1979. Responsibility for safe health practices in the workplace rests with theNSW Department of Health, while the WorkCover Authority is the primaryauthority regarding occupational health and safety issues in any workplace.Sex workers and brothel owners/proprietors must comply with Section 13 ofthe Public Health Act 1991. (Information given here was current at the time ofDCP creation – refer to these agencies and legislation for succeedingprovisions).It is likely that despite the controls provided here, sex services could beprovided within Richmond Valley by escort or outcall services operatedillegally and through means over which Council has no authority. Guidelinesare provided here to manage genuine applications for legal premises, providesome guidance for the application process, and outline steps Council maytake to control premises and activities operating illegally within premises.(1) DefinitionsExtract from the Richmond Valley Local Environmental Plan 2012Dictionarysex Service Premises means a building where sex services are provided (a brothel), but doesnot include a ‘home occupation’ (sex services).Restricted Premises means business premises or retail premises that, due to their nature,restrict access to patrons over 18 years of age, and includes sex shops and similar premisesbut does not include hotel or motel accommodation, a pub, nightclub, home occupation (sexservices) or sex service premise.home Occupation (sex services) means the provision of sex services in a dwelling or anybuilding ancillary to a dwelling, by no more than 2 permanent residents of the dwelling and thatdoes not involve:(a) the employment of persons other than those residents, or(b) interference with the amenity of the neighbourhood by reason of the emission ofnoise, traffic generation or otherwise, or(c) the exhibition of any signage, or(d) the sale of items (whether goods or materials), or the exposure or offer for sale ofitems, by retail,but does not include a home business or sex services premises.sex services means sexual acts or sexual services in exchange for payment.Part I – Other Considerations – Sex Services Premises I.137

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