9 Clause 24 of the LEP contains locational requirements for brothels and matters that the consent authority must consider when determining an application to carry out development for the purposes of brothel as follows:
24 Brothels
(1) Regardless of any other provision of this plan, premises shall not be erected or used for the purpose of a brothel where they are located:
(a) on any land zoned residential or within 100 metres of any land zoned residential, or
(b) near or within view from any church, hospital, school, community facility or public open space or from any other place regularly frequented by children for recreational or cultural activities, or
(c) within 50 metres of a public transport facility, being a railway station entrance, bus stop, taxi rank, ferry terminal or the like.
(2) In determining an application to carry out development for the purpose of a brothel, the consent authority must consider the following matters:
(a) whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood because of its size, location, hours of operation, clients or the number of employees and other people working in it,
(b) whether the operation of the brothel will be likely to interfere with the amenity of the neighbourhood,
(c) whether the operation of the brothel will be likely to cause a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood involving similar hours of operation,
(d) any other environmental planning instruments that the consent authority considers relevant.
10 However, the LEP was amended on 1 June 2007 (Amendment No 13) and Schedule 1 relevantly includes the following provisions:
[3] Clause 24 Brothels
Omit clause 24 (1) (a). Insert instead:
(a) on any land zoned residential or within 200 metres (measured from the boundary of the allotment upon which the brothel is proposed) of residences for any land zoned residential, or
[4] …
[6] Part 4
Insert at the end of Part 4 (with appropriate clause numbering):
Savings for development applications lodged before commencement of Parramatta Local Environmental Plan 2001 (Amendment No 13)
(1) A development application that was lodged with the consent authority, but that was not finally determined, before the commencement of the amending plan is to be determined as if the amending plan had been exhibited but had not been made.
(2) in this clause:
the amending plan means Parramatta Local Environmental Plan 2001 (Amendment No 13).