
NSW councils have today called for stronger planning powers to control where tobacconists can open and prevent clusters of outlets near schools and community facilities.
With tobacconists and vape stores continuing to spread across NSW communities, councils are restating their call for the NSW government to require council approval before new outlets can open.
Local Government NSW President Mayor Darcy Byrne said requiring development consent would give councils a practical way to act before new stores opened.
‘Councils need the power to stop these shops popping up wherever they like. This is about preventing the problem in the first place, instead of playing whack-a-mole and trying to shut stores down one by one after they are found to be selling illegal tobacco products,’ Mayor Byrne said.
‘Just last month, the NSW Health Minister Ryan Park noted that illegal tobacconists are still “flourishing in suburbs and communities across the state”.
‘The simplest and most effective way to stop this is to give councils the power to stop them from opening their doors in the first place.
‘The requirement for a DA would let councils consider where a tobacconist wants to open, how many are already nearby and how close it is to schools, childcare centres and community facilities.’
Too little, too late?
The recent NSW Parliamentary inquiry into the illegal tobacco trade recommended reducing the number of tobacconist stores, capping retail licences and requiring development approval near schools and community spaces.

Mayor Byrne acknowledged the NSW government had strengthened licensing and enforcement, but said without stronger planning controls, the spread of these businesses would continue to spiral out of control.
‘Licensing and enforcement are important, but they deal with a different part of the problem. Councils need stronger planning powers to make it harder for illegal operators to exploit loopholes and to make it easier for councils to safeguard their communities.
‘I’ve just written to the NSW Planning Minister and Health Minister once again asking the NSW government to work with councils to make development consent mandatory and give councils greater control over where these shops can open. We’ve continually proposed this common-sense solution to the NSW government.
‘The proliferation of tobacconists and vape stores isn’t isolated to one area in NSW. It’s a problem right across the state, in both metropolitan and regional communities.
‘Councils know their communities. Give us the tools to act before another tobacco shop opens in the wrong place.’


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