Cumberland Local Environmental Plan 2021

The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.

Development consent must not be granted for the purpose of sex services premises unless, when measured from the boundary of the lot on which the premises will be used, the development will be located—

more than 200 metres from land in a residential zone, and

more than 200 metres from a place of public worship, hospital, school, centre-based child care facility, community facility or recreation area, and

more than 50 metres from a public utility undertaking, such as a railway station entrance, bus stop, taxi rank, ferry terminal or the like.

In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—

whether the operation of the sex services premises will be likely to cause a disturbance in the relevant neighbourhood because of its size, location, hours of operation, clients or employees or other people working in the premises,

whether the operation of the sex services premises will be likely to interfere with the amenity of the neighbourhood,

whether the operation of the sex services premises will be likely to cause a disturbance in the neighbourhood, taking into account the number of sex services premises already operating in the neighbourhood and involving similar hours of operation,

the impact of the development and its hours of operation on a place likely to be regularly frequented by children for educational, recreational or cultural activities that can be viewed from the development.