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

                                              26

                 “UPON THE COURT BEING SATISFIED THAT a development offence
                has been committed, namely a contravention of section 165(a) of the
                Planning Act 2016

                It is ordered pursuant to section 180(3) of the Planning Act 2016 that:

                1.      By 4pm on 15 February 2019, the First Respondent, and its agents
                        servants and contractors, cease the use of land formally described as
                        Lot 230 on SP143262 and Lot 1 on RP619483 (the Land) for the
                        purposes of a Tourist Park as defined in the Rockhampton Regional
                        Planning Scheme 2015;

                2.      Upon compliance with paragraph 1, the First Respondent, and its
                        agents, servants and contractors, not resume the use of the Land for
                        the purposes of a Tourist park as defined in the Rockhampton
                        Regional Planning Scheme 2015 in the absence of an effective
                        development permit authorising the making of a material change of
                        use;

                3.      By 4pm on 15 February 2019, the First Respondent is to:

                        (a)     remove signage from the Land identifying that it may be used
                                for the purposes of a Tourist park as defined in the
                                Rockhampton Regional Planning Scheme 2015;

                        (b)     notify, in writing, the Campervan & Motorhome Club of
                                Australia Limited that the existing use of the Land for the
                                purposes of overnight camping by occupants and visitors in
                                recreational vehicles, campervans, caravans and tents is not
                                a lawful use of the Land and has ceased;

                        (c)     publish public notices which advise that the use of the Land
                                for the purposes of a Tourist Park as defined in the
                                Rockhampton Regional Planning Scheme 2015 is not
                                permitted on the Land in the following ways:

                                (i)     in at least one newspaper that circulates generally in
                                        the First Respondent’s local government area;

                                (ii)    in a prominent location on the First Respondent’s
                                        website; and

                                (iii)   on the noticeboard of the First Respondent’s public
                                        office in Bolsover Street, Rockhampton.”

[129]   The enforcement orders do not include a requirement for the land to be restored to the
        condition it was in prior to the commission of the development offence. Nor do the
        orders require signage to be erected advising the RV accommodation use is unlawful.
        I was not satisfied that either of these orders should be made. The development
        offence will, in my view, be addressed by a combination of compliance with the
        injunctive orders (paragraphs 1 and 2), coupled with compliance with the order
        requiring the removal of signage that indicates the use is a lawful use of the land.