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

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                                (b)     immediately before an existing planning instrument
                                        starts applying to land, the use of premises was a
                                        lawful use of the premises.

                        (2)     Neither the instrument nor the amendment can –

                                (a)     stop the use from continuing; or

                                (b)     further regulate the use; or

                                (c)     require the use to be changed.”

[109]   The purpose of s.682 of SPA was to protect lawful uses from the effects associated
        with the introduction of a new planning scheme. The protection of the provision is
        extended where subsection (1) is satisfied. The RV accommodation use did not
        engage this provision. It was not a lawful use of premises prior to the 2015 Planning
        Scheme taking effect.

[110]   For the purposes of the 2015 Planning Scheme, the land is included in the Open space
        zone. In that zone, the making of a material change of use for Park was self-assessable
        development in August 2015. Section 236 (1) and (2) of SPA provided at the time
        that a development permit was not necessary for self–assessable development, but the
        development must comply with applicable codes in the relevant planning scheme.

[111]   Park is a defined use in the 2015 Planning Scheme. I have already dealt with the
        application of this definition to the RV accommodation use. It does not apply for the
        reasons given in paragraphs [66] to [68] above. Tourist park is, however, a definition
        in the 2015 Planning Scheme that properly characterises the use. It provides:


                  Column 1       Column 2                         Column 3      Column 4

                  Use            Definition                       Examples      Does       not
                                                                  include       include the
                                                                                following
                                                                                examples
                  Tourist park Premises used to provide for       Camping       Relocatable
                               accommodation in caravans,         ground,       home park,
                               self-contained cabins, tents       caravan       tourist
                               and similar structures for the     park,         attraction,
                               public for short term holiday      holiday       short-term
                               purposes.                          cabins.       accommodat
                               The use may include, where                       ion,     non-
                               ancillary,    a     manager’s                    resident
                               residence and office, kiosk,                     workforce
                               amenity buildings, food and                      accommodat
                               drink outlet, or the provision                   ion.
                               of recreation facilities for the
                               use of occupants of the
                               tourist park and their
                               visitors, and accommodation
                               for staff.