New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 125

125 Sex establishment

(1) Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied with respect to its location that--

(a) the development will not be adjacent to, adjoin or be within 100 metres of--

(i) an educational establishment, or

(ii) a childcare centre, or

(iii) a recreational area, or

(iv) a place of worship, or

(v) a hospital, or

(vi) any other place regularly frequented by children for recreational or cultural activities, and

(b) the development is not within 50 metres of the boundary of any zone in which a dwelling house is a permissible land use, and

(c) the development does not have a frontage to, or direct vehicular access from, the Regional Transport Corridor.

(2) Consent shall not be granted to development for the purpose of a sex establishment unless the consent authority is satisfied, with respect to the operation, amenity, design and form of the development that--

(a) the development would not have an adverse impact on the amenity of the area by reason of excessive noise, inappropriate operating hours, indiscreet signage or otherwise, and

(b) operating hours are compatible with adjoining land uses, and

(c) any advertising is to be for identification purposes only and is to be attached to or painted onto the subject premises and is to have an area of not more than 0.5m 2, and

(d) any advertising is to be discreet in nature and is not to display words or images that in the opinion of the consent authority are sexually explicit, lewd or otherwise offensive, and

(e) adequate waiting rooms will be provided within the premises to discourage loitering outside the premises by clients, and

(f) no sex establishment shop fronts or likewise would be created, and

(g) an alarm, intercom or similar safety and security device is installed in each room that is used for sexual activity and is connected to a central base or reception area that is monitored at all times, and

(h) adequate lighting of entrances and exits is to be provided at all times during which the premises are occupied by any staff or sex workers outside daylight hours, and

(i) entrances are located so as to be visible from a public place, and

(j) the design of the premises provides for passive surveillance of any adjoining street or other public place, from within the building, in the interest of staff, sex worker and client safety.

(3) Before granting consent to development for the purpose of a sex establishment, the consent authority shall consider a plan of operation that provides details of operation including, but not limited to, details concerning each of the matters referred to in subclause (2).

(4) The use for soliciting or a similar activity by sex workers or other staff of any land outside or in the vicinity of any premises that are subject to a consent allowing their use for the purpose of a sex establishment is prohibited.