Part I - Other Considerations - Richmond Valley Council

11.07.2015 Views
Richmond Valley Development Control Plan 2012‣ The use of the premises shall not give rise to:• transmission of vibration to any place of different occupancy• a sound level at any point on the boundary of a site greater thanthe background levels specified in Australian Standard AS 1055 –Acoustics Description and measurement of environmental noise, or• an "offensive noise" as defined in the Noise Control Act 1975.I14.3 Design standards / controls –Restricted PremisesRestricted premises can potentially take many forms. Restricted premisesmay involve hire and/or selling of any item deemed to be unsuitable forpersons aged less than 18 years of age due to being;‣ overtly violent,‣ pornographic, or‣ overtly sexual, sexually suggestive, abusive and/or lewd in nature.In addition, items for display, sale and hire may be deemed overtly sexual,suggestive and/or lewd in nature if legitimate complaints are received from thepublic. Council reserves the right to determine whether premises should bedeemed ‘restricted’ if legitimate complaints are received if steps are not takenby the business to allay public concern. Commonwealth legislation anddeterminations (given below in section (f) below) should generally bereferenced when making a determination as to whether a premise should bedeemed ‘restricted’.Often restricted premises are incorporated into existing or affiliatedbusinesses. Examples include bookstores which might include an ‘over 18’s’section displaying pornographic publications, or video hire premises whichmight have an additional shielded section for adult movie hire. Someprecautions should be taken to prevent these businesses from impacting uponsensitive members of the public.(1) Location – Restricted PremisesRestricted premises shall be located away from sensitive receivers andpedestrian movements of children. Guidelines are given below to minimise thepotential for exposure of items to minors and more sensitive members of thepublic. At the discretion of Council, where the restricted goods area comprisesonly a section of a larger business (15% or less), some relaxation of thefollowing requirements shall be permitted dependent upon the absence ofadvertising and signage on any exterior of the business premise. Theserequirements should also be considered a guide for businesses wishing toincorporate a component into existing trade.(a) Richmond Valley Local Environmental Plan 2012‣ Restricted Premises may only be located within the following zones (inaccordance with the LEP land use permissibility tables)• B3 – Commercial Core• RU5 – VillagePart I – Other Considerations – Sex Services Premises I.142

Richmond Valley Development Control Plan 2012(b) Additional locational guidelines for Restricted PremisesIn addition to the above zone restrictions, the following location limitationsapply:‣ Consent shall not be granted to development for the purpose of aRestricted Premise unless Council is satisfied that the development willnot be adjacent to, adjoin or be within 50 metres of;• an educational establishment frequented by minors,• a child care centre or residential care facility,• a recreational area,• any other place regularly frequented by children for recreational orcultural activities,• a place of public worship, funeral chapel or funeral home,• a hospital,• any land zoned for residential use (exception non-residential RU5 –Village),• any other Sex Services Premises or where consent has beengranted for such.Exceptional design standards may provide for relaxation of the aboverequirements, subject to demonstrated highly effective screening of therestricted premises component and/or separation of the premises from nearbyreceivers of not less than 25 metres. Multiple Restricted Premises will only beconsidered in an area if can be demonstrated that conflict will not arise andthat there will not be an excessive congregation of premises leading to thecreation of an undesirable precinct precluding other legitimate land-uses.(2) External Appearance – Restricted Premises‣ Premises must be compatible with the surrounding built form in order todiscretely blend into the streetscape and area. Colour selection forfinishes must not be garish and detail for decorative finishes shall besubdued in nature.‣ Entranceways for pedestrian access shall be well lit, however must notform a prominent feature within the streetscape. All access shall provideequitable treatment of users including disability access.‣ No restricted products or products of an otherwise overtly violent, sexualor lewd nature shall be displayed from any window or doorway of thepremises or in any other way that may be viewed from the street.Signage or graphics displayed on any exterior surface of the premisesmay announce the nature of products for sale or hire (i.e. “adult movies”)however may not be descriptive in nature (See signage section e below).(3) Operation Safety & Security (see CPTED) – Restricted Premises‣ Employees and the owner of the premises shall be vigilant in allowingonly access to areas where restricted items are on display for saleand/or hire. All advertising and display of restricted items shall be onlypermitted within restricted areas.‣ Any car parking associated with the restricted premises shall be well litand signage visible within the premise grounds shall be subtly lit anddirectional in nature only.Part I – Other Considerations – Sex Services Premises I.143

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Part I - Other Considerations - Richmond Valley Council

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Part I - Other Considerations - Richmond Valley Council Part I - Other Considerations - Richmond Valley Council