Changes to Local Government Brothel Legislation
Reverend the Hon. Dr GORDON MOYES: My question is directed to the Minister for Justice, representing the Minister for Local Government. Will the Minister explain why brothels and other restricted premises are not specifically covered in the draft Standard Instrument (Local Environmental Plans) Order 2005? Will the Minister indicate how development applications for restricted premises will be governed by the draft order? Will the Minister detail how this instrument will impinge upon the ability of local councils to independently determine the validity of a development application for a brothel, sex shop or restricted premises? What appeal mechanisms under the proposed instruments will be afforded to citizens concerned with a potential development application for restricted premises in their area?
The Hon. TONY KELLY: It may have been more appropriate for this question to be directed to the Hon. Frank Sartor because it involves planning. I will forward the question to the appropriate Minister and obtain a speedy reply.
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The Hon. KERRY HICKEY: I am advised that:
Brothels and restricted premises are addressed in the draft Standard Instrument. They are defined as ‘sex services premises’. Sex services as a home occupation, sex services and restricted premises are also defined.
When preparing their own principal local environmental plans, councils will be able to control such uses in their local government area, depending on local circumstances.
The instrument will not impinge upon the ability of local councils to independently determine the validity of a development application for such uses. The draft Standard LEP allows councils to prepare local planning provisions that reflect the detailed planning needs of their local area. Councils can continue to draft appropriate local planning provisions that control the location of sex services premises and restricted premises in relation to sensitive community and residential land uses.
Existing appeal mechanisms regarding the determination of development applications under the Environmental Planning and Assessment Act continue to apply.