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Planning Principle Update: Brothels

Recently, in Yao v Liverpool City Council (Yao) [2017] NSWLEC 1167 the Land and Environment Court’s planning principle in relation to brothels was updated from the principles enunciated in Martyn v Hornsby Shire Council (Martyn) [2004] NSWLEC 614.

The planning principles in Martyn had been in operation for 13 years, and, in some instances, had been overtaken by development controls provisions in individual council development control plans. 

The updated planning principle requires (Yao at [25]):

When considering whether to grant consent for a development application for a “sex services premises” a consent authority should to take into consideration such of the following matters as are relevant to the development application:

1. the proximity to any sensitive land uses, such as, but not exclusively educational establishments, places of public worship, child care centres etc

2. the proximity to any premises used for residential accommodation,

3. paths of travel for different members of the community near the premises,

4. the hours of operation,

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