Shellharbour Local Environmental Plan 2000 (Amendment No 5) (2002-47) [GG No 34 of 1.2.2002, p 680] (NSW)

2002 No 47

Shellharbour Local Environmental New South Wales

Plan 2000 (Amendment No 5)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (W01/00102/PC)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 34 of 1 February 2002, page 680	Page 1
[4]
2002 No 47

Clause 1 Shellharbour Local Environmental Plan 2000 (Amendment No 5)

Shellharbour Local Environmental Plan 2000

(Amendment No 5)

1 Name of plan

This plan is Shellharbour Local Environmental Plan 2000

(Amendment No 5).

2 Aims of plan

This plan aims to include a clause in Shellharbour Local Environmental Plan 2000 which sets out criteria for determining the location of brothels and restricted premises within the City of Shellharbour.

3 Land to which plan applies

This plan applies to all land within the City of Shellharbour under

Shellharbour Local Environmental Plan 2000.

4 Amendment of Shellharbour Local Environmental Plan 2000

Shellharbour Local Environmental Plan 2000 is amended as set out in Schedule 1.

2002 No 47

Shellharbour Local Environmental Plan 2000 (Amendment No 5)

Amendment Schedule 1

Schedule 1 Amendment

(Clause 4)

Clause 88

Insert after clause 87:

88 Brothels and restricted premises

(1) The Council may only consent to an application for the carrying out of development for the purpose of a brothel or restricted premises if the brothel is not, or the restricted premises are not, located next to or directly opposite the following buildings or places:

(a)	a dwelling house,
(b)	a child care centre or a building or place providing home-based child care,
(c)	a primary or secondary school,
(d)	a place of public worship,
(e)	a park,
(f)	a playground,
(g)	any other buildings or places regularly frequented by persons under 18 years of age.

(2) In considering an application for development referred to in subclause (1), the Council must consider the proximity of the proposed development to a building or place referred to in subclause (1) (a)–(g) and to the following buildings or places:

(a)	a community facility,
(b)	a hospital,
(c)	premises licensed under the Liquor Act 1982.

(3) In this clause:

restricted premises means a building or place at which:

(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the

2002 No 47

Shellharbour Local Environmental Plan 2000 (Amendment No 5)

Schedule 1 Amendment

Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or

(b) a business to which section 578E (Offences relating to advertising or displaying products associated with sexual behaviour) of the Crimes Act 1900 applies is conducted,

but does not include a newsagency or pharmacy.

BY AUTHORITY