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FACT SHEET 26: Sex Services Premises - SLEP

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<strong>FACT</strong> <strong>SHEET</strong> <strong>26</strong>:<br />

<strong>Sex</strong> <strong>Services</strong> <strong>Premises</strong><br />

Introduction<br />

The State Government has directed that sex services premises should be permissible<br />

across at least one zone in each local government area in NSW. This has meant that<br />

Council has had to change its approach to where sex services premises are permissible.<br />

Details<br />

Under the current Shoalhaven LEP 1985, sex services premises are only permissible in<br />

two small defined areas within the industrial zoned land at South Nowra and South<br />

Ulladulla. These areas are proposed to be zoned IN1 General Industrial zone. Council<br />

considered making sex services premises permissible in the overall IN1 zone. However,<br />

as it is proposed to use the IN1 zone at Bomaderry, Berry, South Nowra, South Ulladulla,<br />

Sussex Inlet and Woollamia, this change would significantly increase the possible<br />

locations sex services premises would potentially be permissible.<br />

As an alternative, it is proposed that sex services premises be permitted in the B3<br />

Commercial Core zone as this is only proposed to apply to the Nowra and Ulladulla CBDs.<br />

This limits the locations where sex services premises would be permissible to two defined<br />

areas rather than in locations throughout the City.<br />

Clause 7.18 Location of sex services premises has also been inserted which requires<br />

Council to consider whether the proposed sex services premises is on land that adjoins or<br />

is separated by a road from, land:<br />

(a) in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3,<br />

Medium Density Residential, RE1 Public Recreation, or<br />

(b) used for the purpose of a child care centre, for community or school uses, or place<br />

of public worship, and<br />

(c) whether the proposed sex service premises have any impact on any place likely<br />

frequented by children. .<br />

This clause will considerably reduce the areas of the two B3 zones that could be<br />

considered for this use.<br />

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DRAFT <strong>SLEP</strong> 2013 – <strong>FACT</strong> <strong>SHEET</strong> <strong>26</strong>: SEX SERVICES PREMISES<br />

Definitions<br />

Brothel - means premises:<br />

(a) habitually used for the purposes of prostitution, or<br />

(b) that have been used for the purposes of prostitution and are likely to be used again for<br />

that purpose, or<br />

(c) that have been expressly or implicitly:<br />

(i) advertised (whether by advertisements in or on the premises, newspapers,<br />

directories or the internet or by other means), or<br />

(ii) represented as being used for the purposes of prostitution, and that are likely to be<br />

used for the purposes of prostitution.<br />

<strong>Premises</strong> may constitute a brothel even though used by only one prostitute for the<br />

purposes of prostitution.<br />

<strong>Sex</strong> services premises - means a brothel, but does not include home occupation (sex<br />

services).<br />

Further information<br />

For further details relating to the information in this fact sheet and the draft Shoalhaven<br />

LEP 2013, please visit the draft Shoalhaven LEP website at<br />

www.slep2013.shoalhaven.nsw.gov.au or contact Council on (02) 4429 5377 or via email<br />

<strong>SLEP</strong>2013@shoalhaven.nsw.gov.au.<br />

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