Part I - Other Considerations - Richmond Valley Council
Part I - Other Considerations - Richmond Valley Council Part I - Other Considerations - Richmond Valley Council
Richmond Valley Development Control Plan 2012Other definitions used in this Chapter:Shop and Retail have the same purpose as that prescribed within the LEPdefinitions.Spruikers are persons located on the public way associated or employed bySex Service Premises, Restricted Premises or Home Occupation (sexservices) who seek to entice customers to enter the premises.Restricted Items include any publication and include any film, computergame or advertisement for such which are restricted for sale to personsover the age of 18 by Commonwealth or State legislation. In addition,restricted items here include any item offered for sale or hire which aredeemed to be unsuitable for persons aged less than 18 years of age dueto being:‣ overtly violent,‣ pornographic or‣ overtly sexual, sexually suggestive, abusive and/or lewd in nature.In addition items include those which may be deemed overtly sexual,suggestive and/or lewd in nature based upon legitimate complaintsreceived from the general public.Publication includes any written or pictorial matter as the meaning in theCommonwealth Act.Premises is a general term to mean any premises described within thissection requiring consent (Sex Service Premises, Restricted Premisesand Home Occupation (sex services)).I14.1 ObjectivesThe objectives of this section are to:‣ Regulate the location, operation and external appearance of sexservices premises, restricted premises (sex shops) and homeoccupation (sex services) to minimise any potential amenity and otherimpacts on the community.‣ Provide information to proponents and the general public as to therequirements and the responsibilities of regulatory authorities involvedwith the establishment and operation of sex service premises, restrictedpremises (sex shops) and home occupation (sex service premise) withinRichmond Valley.‣ To advise the type and quality of information required to be lodged with adevelopment application for a sex service premise, home occupation(sex service) or restricted premises (sex shop).‣ Outline circumstances and procedures to be followed, under whichCouncil may direct adherence to the guidelines set for sex relatedpremises and provide for procedures to enable the closure of sexservices premises, restricted premises and home occupation (sexservices) if required.‣ To ensure Sex Service Premises and Sex Shops are discretely locatedas to not be prominent within the streetscape and community in general.Part I – Other Considerations – Sex Services Premises I.138
Richmond Valley Development Control Plan 2012‣ Any signage associated with development provided for within thissection must be discrete and not cause offence to the general public ordraw unnecessary attention to services offered by the premises orbusiness.‣ To promote the occupational health, welfare and safety of workers in thesex industry by providing opportunity for legal business to be conductedsubject to regulated practise.‣ Provide for additional advertising and notification procedures.I14.2 Design standards/controls – SexService Premises(1) Location – Sex Service Premises(a) Richmond Valley Local Environmental Plan 2012Clause 6.15 of the Richmond Valley Local Environmental Plan 2012 (the LEP)provides for consideration of where sex service premises should be located.Extract from the Richmond Valley Local Environmental Plan 2012Clause 6.15 Location of sex services premises(1) The objective of this clause is to minimise land use conflicts and adverse amenity impacts byproviding a reasonable level of separation between sex services premises, specified land usesand places regularly frequented by children.(2) In deciding whether to grant development consent for development for the purposes of sexservices premises, the consent authority must consider the following:(a) whether the premises will be located on land that adjoins, is directly opposite or isseparated only by a local road from land:(i) in Zone RU5 Village, Zone R1 General Residential or Zone RE1 PublicRecreation, or(ii) used for the purposes of a child care centre, a community facility, a school ora place of public worship,(b) the impact of the proposed development and its hours of operation on any place likelyto be regularly frequented by children:(i) that adjoins the proposed development,(ii) that can be viewed from the proposed development, or(iii) from which a person can view the proposed development.This clause is a prescribed ‘model’ local provision for sex service premises.(b) Additional locational guidelines for Sex Service PremisesIn addition to the definitive LEP restrictions, this DCP provides guidance as tothe location, appearance and operation of Sex Service Premises withinRichmond Valley.‣ Sex Service Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables):• Zone B3 Commercial Core• Zone IN1 General IndustryPart I – Other Considerations – Sex Services Premises I.139
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<strong>Richmond</strong> <strong>Valley</strong> Development Control Plan 2012‣ Any signage associated with development provided for within thissection must be discrete and not cause offence to the general public ordraw unnecessary attention to services offered by the premises orbusiness.‣ To promote the occupational health, welfare and safety of workers in thesex industry by providing opportunity for legal business to be conductedsubject to regulated practise.‣ Provide for additional advertising and notification procedures.I14.2 Design standards/controls – SexService Premises(1) Location – Sex Service Premises(a) <strong>Richmond</strong> <strong>Valley</strong> Local Environmental Plan 2012Clause 6.15 of the <strong>Richmond</strong> <strong>Valley</strong> Local Environmental Plan 2012 (the LEP)provides for consideration of where sex service premises should be located.Extract from the <strong>Richmond</strong> <strong>Valley</strong> Local Environmental Plan 2012Clause 6.15 Location of sex services premises(1) The objective of this clause is to minimise land use conflicts and adverse amenity impacts byproviding a reasonable level of separation between sex services premises, specified land usesand places regularly frequented by children.(2) In deciding whether to grant development consent for development for the purposes of sexservices premises, the consent authority must consider the following:(a) whether the premises will be located on land that adjoins, is directly opposite or isseparated only by a local road from land:(i) in Zone RU5 Village, Zone R1 General Residential or Zone RE1 PublicRecreation, or(ii) used for the purposes of a child care centre, a community facility, a school ora place of public worship,(b) the impact of the proposed development and its hours of operation on any place likelyto be regularly frequented by children:(i) that adjoins the proposed development,(ii) that can be viewed from the proposed development, or(iii) from which a person can view the proposed development.This clause is a prescribed ‘model’ local provision for sex service premises.(b) Additional locational guidelines for Sex Service PremisesIn addition to the definitive LEP restrictions, this DCP provides guidance as tothe location, appearance and operation of Sex Service Premises within<strong>Richmond</strong> <strong>Valley</strong>.‣ Sex Service Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables):• Zone B3 Commercial Core• Zone IN1 General Industry<strong>Part</strong> I – <strong>Other</strong> <strong>Considerations</strong> – Sex Services Premises I.139