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

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[63]   The submission in subparagraph (a) requires detailed consideration. The submission
       calls in aid the definition of ‘Park’ in the 2015 Planning Scheme, which is in the
       following terms:


                 Column 1           Column 2                         Column 3     Column 4

                 Use                Definition                       Examples     Does not
                                                                     include      include
                                                                                  the
                                                                                  following
                                                                                  examples
                 Park               Premises accessible to the Urban              Tourist
                                    public generally for free common              attraction,
                                    sport, recreation and leisure,                outdoor
                                    and may be used for                           sport and
                                    community events or other                     recreation.
                                    community activities

                                    Facilities  may      include
                                    children’s       playground
                                    equipment, informal sports
                                    fields and ancillary vehicle
                                    parking and other public
                                    conveniences

[64]   The Council contends RV accommodation falls within the words ‘ancillary vehicle
       parking and other public conveniences’ in the definition above. More particularly, it
       was submitted the definition as a whole contemplates other activities occurring in a
       very large regional park located on the Bruce Highway. This was submitted to include
       a stopover area for passive recreation and overnight rest. Mr Loos contended this
       activity was captured by the words ‘other public conveniences’ in the definition
       above.

[65]   I do not accept RV accommodation falls within the definition of Park in the 2015
       Planning Scheme.

[66]   As a starting point, it is less than clear as to what was intended to be conveyed by the
       submission ‘other activities’ are contemplated in a park. The activities that are
       contemplated by the definition are those captured by the first paragraph of the
       definition. This paragraph speaks of premises being accessible to the public for free
       sport, recreation and leisure.

[67]   The second paragraph of the definition contains those parts that are specifically relied
       upon by the Council. This aspect of the definition identifies a non-exhaustive list of
       facilities that may be provided in a park. The facilities are not separate uses. The
       facilities identified exist to support the park use. So much is clear from the types of
       facilities expressly envisaged in the definition. The definition refers to playground
       equipment. This is an example of a ‘facility’ expected in a park. It is not of itself a
       use. The same observation can be made with respect to ancillary vehicle parking and
       public conveniences. They, like playground equipment, are facilities that support the
       park.