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

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[30]   The minutes of the committee’s meeting of 1 July 2014 also reveal that internal advice
       had been obtained from Council’s planning unit. The advice was about whether
       planning approval was required for the RV accommodation use.

[31]   The minutes of the committee meeting state:

                “Zoning\Town Plan

                Advice from Council’s Planning Unit indicates that the use for parking
                campervans etc. overnight would be exempt development under Chapter 3 of
                the Rockhampton City Plan 2005, meaning that no planning approval would
                be required for this use. It provides that it will be exempt development where
                “The use of land identified in an Area Map as being Public Open Space for
                the Purposes of a Park.”

                Essentially, the overnight parking of campervans etc. would be an ancillary
                use to the park use, especially given that no facilities are proposed (i.e.
                ablution block). The freehold lot is also shown as being for Public Open
                Space in the first map for the North Rockhampton Consolidation Residential
                Area. The Q100 flood corridor goes through a very small part of the
                southernmost corner of the freehold lot.

                Planning approval would be required if the overnight parking of campervans
                was to increase in scale and intensity with facilities built to support this use.”

[32]   At no time during this proceeding did the Council seek to defend the advice attributed
       to its planning unit in the committee meeting minutes of 1 July 2014.

[33]   The RV accommodation provides no direct commercial benefit to the Council. The
       accommodation is offered for no fee on public parkland. The question that arises is:
       what is the underlying purpose of the use? I am satisfied the use is intended to
       contribute to the local economy in an indirect way. Its purpose is to encourage visitors
       to stay in Rockhampton, for no fee, at a central location. The location enjoys
       convenient access to local food, and retail facilities. It is expected visitors will
       patronise local food and retail facilities, contributing to the local economy and
       vibrancy of the city. An expectation the occupants of the RV accommodation will
       patronise local retail facilities is a reasonable one. The use is located only a short
       walking distance to a large shopping centre, which is adjacent to the High Street
       carpark access.

[34]   As to the functional relationship between the park use and RV accommodation, I am
       satisfied the evidence established: (1) there is no requirement or special need for the
       RV accommodation to be located in Kershaw Gardens; and (2) whilst some of the
       occupants of the RV accommodation use may choose to recreate in Kershaw Gardens,
       this is likely to be limited in extent.

[35]   The lack of a functional relationship between the park use and RV accommodation is
       confirmed by two matters.