44Home occupation (sex
services), restricted premises and sex services premises
(1)
The Council must not consent to development for
the purpose of restricted premises on land within Zone No 3 that is within the
Lithgow core business district unless the Council is satisfied that:
(a)
the premises are not located on the same level as
Main Street, Lithgow, and
(b)
the only way to go up or down to the premises
from Main Street, Lithgow, is through a doorway
entrance.
(2)
The Council must not consent to development for
the purpose of restricted premises on land within Zone No 3 but outside the
Lithgow core business district or on land within Zone No 2 (v) unless the
Council is satisfied:
(a)
that the land does not adjoin an arterial road,
or
(b)
that, taking the most direct route along the
nearest public roads, the premises are at least 80 metres from:
(i)
any other restricted premises,
and
(ii)
any child care centre, club, entertainment
facility, place of public worship, recreation facility (indoor), recreation
facility (major), recreation facility (outdoor) or
school.
(3)
The Council must not consent to development for
the purpose of home occupation (sex services), restricted premises or sex
services premises on land within Zone No 4 unless the Council is
satisfied:
(a)
that the land does not adjoin an arterial road,
or
(b)
that, taking the most direct route along the
nearest public roads, the premises are at least 80 metres from:
(i)
any other home occupation (sex services)
premises, restricted premises or sex services premises,
and
(ii)
any child care centre, club, entertainment
facility, place of public worship, recreation facility (indoor), recreation
facility (major), recreation facility (outdoor) or
school.
(4)
In this clause:
club means a building used by
persons associated, or by a body incorporated, for social, literary,
political, sporting, athletic or other lawful purposes whether of the same or
of a different kind, but does not include a nightclub or registered
club.
Lithgow
core business district means the area in Lithgow surrounding
Main Street, between its intersections with Lithgow and Bridge Streets, that
is shown hatched on Sheet 2 of the map marked “Lithgow City Local Environmental Plan 1994 (Amendment No
12)”.
cl 44: Rep 21.7.2000.
Ins 2008 (502), Sch 1 [23].