Penrith Local Environmental Plan 2010

The objective of this clause is to ensure that sex services premises and restricted premises are not visually prominent from public places or other locations regularly frequented by children.

Development consent must not be granted for development for the purposes of sex services premises or restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land—

in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential or Zone RE1 Public Recreation, or

that is used for community, school (including pre-school and centre-based child care facilities), church or children’s sporting or recreational activities, or

that is used for sex services premises or restricted premises.

Development consent must not be granted to development for the purposes of sex services premises or restricted premises located in a mixed use development that contains a dwelling unless the consent authority is satisfied that the primary entrance of the premises is not on the same floor as the dwelling or any other place regularly frequented by children for recreational or cultural activities.

In deciding whether to grant development consent for the purposes of sex services premises or restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.