PART ONE - Campbelltown City Council - NSW Government

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Planning and Environment Committee Meeting 5 April 2011 Page 502.6 Draft Campbelltown (Sustainable City) Dcp 2011 (Volumes 1, 2 & 3) - Stage 4For any development applications submitted to Council for telecommunication facilities, Council'sDCP 107 Siting of Communication Facilities (Telecommunication Towers) provides Council'spolicy requirements that must be considered. This policy came into effect on 19 September 2002.(ii)Issues with Current DCP Controls for Telecommunication FacilitiesThe issues identified with the current DCP in the review of the Plan are outlined as follows:The DCP was formulated at a time which pre-dated the adoption of a clear AustralianStandard to regulate the safe exposure of Electromagnetic Energy emissions to thecommunity. As such, the numerical figure for radiation exposure provided in the DCP isoutdated, and has no legal or scientific basis for Council to impose as a requirement fortelecommunication infrastructure.The definition of a 'telecommunication facility' needs to be updated in the Plan to beconsistent with the definition provided under the State Government's 'StandardInstrument - Local Environmental Plan'. At present, the DCP does not technically applyto satellite dishes or ancillary infrastructure such as cabling.(iii) Proposed Controls for Telecommunication Facilities - Draft Part 12Adoption of 'telecommunication facility' and 'telecommunication network' definitionsprovided under the State Government's 'Standard Instrument - Local EnvironmentalPlan'. This will ensure the DCP captures all types of telecommunication infrastructure,such as satellite dishes and cabling.Requirement for all telecommunication facilities to comply with relevant AustralianStandard;Retain emphasis on site selection and separation distances to 'sensitive uses'.Provision of merit based controls relating to reduction of visual and amenity impactsassociated with new infrastructure; andUpdated reference to State and Federal legislation that permits certain types oftelecommunication infrastructure and facilities.(f)(i)Draft Part 13 Sex IndustriesSummary of Existing DCP Controls for Sex IndustriesCampbelltown Sex Industry Development Control Plan 2003 was adopted by Council on 25February 2003 and became effective on 18 March 2003. The Plan provides guidelines for thedetermination of development applications for sex industries within the Campbelltown LocalGovernment Area.The DCP complements Campbelltown (Urban Area) Local Environmental Plan 2002 whichdefines Sex industry premises to mean any brothel, restricted premises or sex-on-premisesestablishment, and restricts such developments to industrial zoned land under that Plan.The DCP provides location and design requirements for all types of sex industry premises. ThePlan requires a 150 metres (minimum) separation between sex industry premises, and alsobetween a sex industry premises and certain 'sensitive' land uses.
Planning and Environment Committee Meeting 5 April 2011 Page 512.6 Draft Campbelltown (Sustainable City) Dcp 2011 (Volumes 1, 2 & 3) - Stage 4(ii)Issues with Current DCP Controls for Sex Industry PremisesThe potential shortcomings of the current DCP provisions are summarised as follows:Council's legal role in the regulation of Sex Industry Premises is limited to the relevantprovisions of the Environmental Planning and Assessment Act 1979, and LocalGovernment Act 1993. The role and regulatory functions of other Government agenciesthat also contribute to the safe and legal operation of such premises needs to be betterexplained in the Plan;The DCP provides no clear rationale to justify the imposition of a 150 metre separationdistance for brothels and sex-on-premises establishments. Given that arbitraryseparation distances for brothels have been varied by the Land and Environment Court,the Plan needs to better articulate the underlying planning purpose and rationale ofthese separation distances in order to provide greater certainty of these controls beingupheld if challenged;The Plan differentiates between brothels and sex-on-premises establishments for thepurpose of outlining development controls, however, in planning terms there is littledifference between the two uses and the result is essentially a duplication of the samecontrols within the Plan;The relaxation of sanitary facility requirements for brothels and sex-on-premises of lessthan 5 client rooms is questionable, given that there is a clear argument for the samehealth provisions and design standards to apply regardless of the development size.There is also the potential issue of developments identifying less than 5 client roomssimply to avoid the higher development standard for proposals over this threshold; andThe definitions used in the DCP do not align with the definitions provided for thedevelopment of sex industry premises under Campbelltown (Urban Area) LocalEnvironmental Plan 2002.(iii) Proposed Controls for Sex Industry Premises - Draft Part 13The proposed controls have been re-written to address those issues as outlined above.Whilst the majority of the controls have been generally replicated, the main amendmentsare noted as follows:Council's role in applying the planning controls for sex industry premises is providedin the background section of the draft Part, as well as the role of other governmentagencies. The intent of providing this information within the DCP is to clarify for allstakeholders the legal responsibilities of all government agencies involved in theregulation of sex industry premises. Importantly, this includes the NSW Departmentof Health and the NSW WorkCover Authority who are responsible for safe healthpractices in the sex industry.Performance standards to justify the 150 metre separation requirement for sexindustry premises have been provided within the draft DCP. These criteria arebased upon the planning principles set out by the Land and Environment Courtrelating to the location of brothels and separation distances (Martyn v HornsbyShire Council [2004] NSWLEC 614).
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PART ONE - Campbelltown City Council - NSW Government

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