Consultant for Dubbo porn and sex toy store Passions David Rabbett said a move to the CBD next year was likely.

After being told it must allow sex shops in commercial zones and other areas containing housing Dubbo City Council wants the planning department to limit them to operating out of third or fourth storey premises.

In other words, Dubbo mayor Allan Smith said, no sex on the bottom floor.

But Mr Rabbett labelled council’s proposed changes to its local environment plan (LEP) as a “restriction on trade” and said the NSW Government had already set down the regulations.

“We will move to the main street as soon as the LEP is sorted out,” he said.

“It’s a ridiculous argument, it is a restricted premises so it is restricted to 18-year-olds.”

Mr Rabbett described it as a double standard and asked why pubs and “brothels in Sydney” were able to operate from the ground floor.

“I think it is just another way of council making this more difficult. The NSW Government has made a point of saying it is a legitimate business.”

It’s not the first time Mr Rabbett has run into controversy.

In 2005 the application to open Passions on Douglas Mawson Drive was fiercely resisted by a nearby Presbyterian Church.

Council initially backed the anti-porn movement but a Land and Environment Court decision paved the way for Passions to open.

On Tuesday Cr Smith said sex shops had a tendency to denigrate community spirit and he hoped the DoP would back council’s proposed planning changes.

“We have a strong community. When I say that I talk about the City of Sydney - I go down there regularly (and) I see them on the footpath ... I don’t think they have the same sort of community interest,” he said.

“That is what the community is saying to us.

“People are entitled to their views. The compromise is ... we put it at a level where you don’t walk past it at a street level.”

NSW Planning Minister Tony Kelly did not respond to the Daily Liberal’s questions at the time of going to print.