RFI - Appendix 2 - Caravan Parks v Rockhampton Regional Council Anor 2018 QPEC 52 · MCU19/0117

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[36]   First, the Council only permits self-contained vehicles to utilise the RV
       accommodation area. There is, as a consequence, no need for occupants of the self-
       contained vehicles to leave the RV accommodation area and use existing amenities
       in Kershaw Gardens. Occupants of the vehicles can come and go from the park
       without using it, or any of its facilities, for passive recreation purposes.

[37]   Second, the park is not improved in a way that encourages occupants of the RV
       accommodation area to engage in passive recreation. This is particularly the case
       during night time hours. Many users of the RV accommodation area are observed
       arriving late in the day or at night, when the opportunity to use the park is likely to be
       limited due to the lack of natural light, or there may be no daylight at all. The network
       of pedestrian paths within the park are not lit at night. As a matter of ordinary
       experience, it would be unlikely (for safety and security reasons) that occupants of
       the RV accommodation area will recreate, at night, in the park when it is not lit for
       this purpose.

[38]   The intensity of the RV accommodation use can be examined having regard to the
       number of vehicles parked on any given day in the designated parking area. The
       evidence establishes the intensity of the use varies by season, and time of day. Mr
       Brown, a Local Laws officer employed by the Council, has regularly inspected the
       RV accommodation area. The use is subject to regular weekday inspections by Local
       Laws officers, sometimes twice a day. He has observed that the busiest periods for
       the use are the months of May, June, late August and September. He has also observed
       that the busiest times of the day for the use coincide with the hours after sunrise, and
       leading up to sunset.

[39]   In August 2018, the number of vehicles parked in the designated RV accommodation
       area ranged from 14 to 32 in the morning, and 15 to 32 in the afternoon. In September
       2018, the number of vehicles parked in the RV accommodation area ranged from 7
       to 21 in the morning, and 0 to 21 in the afternoon. Mr Brown did not suggest the
       number of vehicles observed in August and September 2018 were, based on his past
       observations, out of the ordinary. Further, I accept there is a reasonable expectation
       that the number of vehicles parked in the designated area for RV accommodation is
       unlikely to abate in the future. This is consistent with Mr Brown’s evidence. Given
       his experience and observations of the use, he was of the view the use was likely to
       continue to increase in popularity.

Is RV accommodation an ancillary use of the land?

[40]   Kershaw Gardens is a large public park that provides an opportunity for passive
       recreation. The combination of its size, location, and design confirms it is intended to
       function as a major regional park. It serves the passive recreation needs of residents,
       tourists and visitors to Rockhampton. This is a matter of context that was
       uncontroversial between the town planning witnesses called to give evidence at the
       hearing. This context, in part, frames the central issue to be determined, namely
       whether RV accommodation is an ancillary use of a major regional park.

[41]   I am satisfied CPAQ has established the RV accommodation is not an ancillary use
       of the land as a major regional park. This is so for the following reasons.