The Victorian Government is decriminalising sex work to achieve better public health and human rights outcomes.
To support the decriminalisation of sex work, the planning rules are changing.
The changes mean a sex services business will now be treated like any other business, subject to the same rules and regulations.
These changes start on 1 December 2023.
Stonnington Planning Scheme changes
The Stonnington Planning Scheme will be amended (VC217) to:
- delete clause 53.03 (brothels)
- delete the land use term 'brothel' and insert 'sex services premises'
- align planning controls for a sex services business with those that apply to a shop in commercial and mixed-use zone
- allow sex work to be carried out as a home-based business in residential zones.
For more information, refer to the State Government's Advisory Note VC148.
Where can a sex services business operate?
A sex services business can operate anywhere a shop can.
The business will be subject to the same conditions and requirements for a shop in all zones. Exceptions apply where it is expressly prohibited by the zone, such as the General Residential and Neighbourhood Residential.
In zones where a sex services business is permitted, no additional restrictions or controls (beyond those that already apply to a shop) will be included. This means there will be no restrictions around:
- proximity to other uses, such as dwellings, schools, childcare and places of worship
- proximity to other sex services premises.
What are the car parking requirements?
The car parking requirements specified in clause 52.06 (car parking) of the Planning Scheme for a shop will also apply to a sex service business. This includes the number of car parking spaces.
The exemptions in clause 52.06 will continue to apply for:
- uses in commercial zones
- the activity centre zone
- the reduced parking rate for land in the Principal Public Transport Network Area.
What are the sign requirements?
The sign requirements specified in clause 52.05 (signs) of the Planning Scheme for a shop will also apply to sex services premises.
There are no specific requirements in the Planning Scheme for signs associated with sex work. Importantly, the content of signs is not regulated by the Planning Scheme. This is regulated through other legislation such as the Classification (Publications, Films and Computer Games) Act 1995 (Cth).
What are the requirements for alcohol?
The liquor requirements under clause 52.27 (licensed premises) of the Planning Scheme will apply, in addition to the Liquor Control Reform Act 1998.
Can sex work be carried out at home?
Sex work can be carried out as a home-based business in any dwelling.
How will residential amenities be maintained?
It is the responsibility of the owner and occupier to ensure that a home-based business meets all the requirements of clause 52.11-1. Clause 52.11-1 requires that a home-based business not adversely affect the area's amenities.
If neighbours believe the business adversely affects the area's amenities, they can report the breach of the Planning Scheme to the relevant municipal council.
How will adverse amenity impacts be assessed?
There are no new requirements or controls for assessing amenity impacts exist.
Planning Investigations will continue to assess adverse amenity impacts like any other home-based business.
How will breaches of the Planning Scheme be enforced?
The City of Stonnington is the responsible authority, and the Planning Investigations Team, within the Statutory Planning Department, will continue to administer and enforce the planning scheme under the provisions of the Planning and Environment Act 1987.
You can report alleged breaches of the Stonnington Planning Scheme online.
Submit a breach of the Planning Scheme