Part I - Other Considerations - Richmond Valley Council

More documents

Recommendations

Info

Richmond Valley Development Control Plan 2012(6) Additional Controls – Sex Service Premises‣ All applications shall comply with the necessary services and facilitiesrequired for Class 5/6 Buildings in accordance with the Building Code ofAustralia (BCA – as current, or superseded from the time of the DCPcreation). It should be noted that all requirements for equitable provisionof services and amenities, particularly those relating to disability accessshall be provided throughout the development.‣ All public health requirements shall be complied with, in particular, butnot limited to, the Public Health Act 1991. All proposed bars and foodpreparation areas shall comply with the NSW Food Standards Code andAS4674-2004 (current at the time of DCP – refer to any succeedinglegislative requirements).‣ 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.I14.5 Application (DA) RequirementsThe Requirements for Development Applications for the sensitive land-usesdescribed within this section (Sex Service Premise, Restricted Premises andHome Occupation (Sex Services)) have some general similarities. The level ofdetail and effort required will vary dependent on the nature and scale of thebusiness proposed. It shall be at Council’s discretion as to the nature of detailrequired, however all potential sensitive receivers discussed elsewhere withinthis DCP section shall be clearly identified (including likely transitorypedestrian movements) and the likely impact thoroughly documented.Applicants should ensure open dialogue between the proponent and Councilis maintained throughout the process.(1) Social Impact Statement (SIS) – see also Section I8 regarding SISAll land-uses described within this section of the DCP will require SocialImpact Statement of sufficient detail to address all potential future impactsfrom the proposed development. Any proposed Sex Service Premises willrequire particularly detailed study. All potential sensitive receivers discussedelsewhere within this DCP section shall be clearly identified (including likelytransitory pedestrian movements). The SIS shall be of an acceptable standard(verified by the NSW Police) prior to advertising and notification describedbelow.(2) Statement of Environmental Effects (SEE)The provision of a SIS shall in no way reduce the need for a Statement ofEnvironmental Effect (SEE). The requirements of a SEE are prescribed indetail within section I12 of the DCP and outlined within a factsheetaccompanying the Development Application documentation.Part I – Other Considerations – Sex Services Premises I.148
Richmond Valley Development Control Plan 2012(3) Additional Advertising and Notification ProceduresAll land-uses described within this section of the DCP will require additionaladvertising and notification procedures to inform all potential impacted citizensof the development proposed. A stringent notification procedure will call uponrelevant agencies, authorities and community/interest groups to providecomment regarding all potential future impacts from the proposeddevelopment. These agencies/authorities/community groups shall include, butnot be limited to the following;‣ NSW Police (assessment considering CPTED principles)‣ Identified Impacted Citizens (as per the SIS)‣ Department of Human Services (f/n/a Community Services)The applicant shall provide enough current copies of the SIS to enabledistribution to all agencies and authorities to be notified.(4) Additional Considerations regarding the assessment of Sex ServicePremises, Home Occupation (sex Services) and Restricted Premises‣ Disclosure of interests of all persons involved in the ownership of theproposed occupation or business described within this DCP section.Subsequent to any development consent being issued, a condition maybe imposed that any initial and future ownership of the premises by anindividual who has been tried and convicted of an indictable offence shallbe disclosed to NSW Police and the Consent Authority.• Whilst any record against an owner in itself cannot be consideredgrounds to move to shut down premises it should be consideredcarefully in conjunction with other matters discussed within ChapterI17.6.‣ All legislative references contained throughout refer to those current atthe time of the formulation of this section of the DCP. It is theresponsibility of the applicant to ensure current legislative requirementsare met within the application in relation to Sex Service Premises,Restricted Premises and Home Occupations (sex service), whether it isrelative to alternatively named premises or legislation which could bereasonably construed to be the contemporary equivalent.I14.6 Closure of PremisesAn application may be made by Council to the NSW Land and EnvironmentCourt under Section 17 of the Disorderly Houses Amendment Act 1995(DHAA) for premises not to be used as a brothel. The Act operates in additionto Council powers under the Environmental Planning and Assessment Act1979 (EP&A) and provides for the serving of notice on a brothel operatingwithout development consent or outside the terms of consent. Relevantsections of the abovementioned legislation have been included for referencewithin this section. The legislation provided was current at the time offormulation of the DCP and any possible superseding legal procedures andrequirements should be investigated.Part I – Other Considerations – Sex Services Premises I.149
Page 3 and 4:
Richmond Valley Development Control
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23:
Page 26 and 27:
Page 28 and 29:
Page 30 and 31:
Page 32:
Page 35:
Page 38 and 39:
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99: Richmond Valley Development Control
Page 121: Richmond Valley Development Control
show all

Part I - Other Considerations - Richmond Valley Council

Create successful ePaper yourself

Delete template?

Save as template?