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

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                 Park                                   The use of premises for free
                                                        outdoor public recreation and
                                                        enjoyment, and possibly also for
                                                        any or all of the following:

                                                        (i) provision of a visually pleasant
                                                            landscape;

                                                        (ii) maintenance       of      natural
                                                             processes and protection of
                                                             environmentally         sensitive
                                                             areas, including significant
                                                             vegetation     or      culturally
                                                             significant places; or

                                                        (iii) educational      opportunities
                                                              associated with the recreation
                                                              or conservation values of the
                                                              park or area (e.g. an
                                                              information hut in a National
                                                              Park).

                                                        The term includes such ancillary
                                                        facilities for non-organised park
                                                        users as sporting and playground
                                                        equipment, shelters, carparking
                                                        areas,     educational   facilities,
                                                        barbecue and picnic facilities,
                                                        seating, toilets, safety lighting,
                                                        kiosks or the like.

[94]   The Council does not contend the RV accommodation use was properly characterised
       as a Park for the purposes of the 2005 Planning Scheme. This is consistent with the
       evidence of the town planning witnesses, Mr Ovenden and Mr Reynolds. It also
       accords with my view of the evidence in its application to the above definition. In my
       view, RV accommodation is not a Park as defined in the 2005 Planning Scheme. It is
       a use of premises for the purposes of parking caravans and similar vehicles. For
       reasons already given, this use is not ancillary to the use of the land for a Park as
       defined.

[95]   Further, the reference to ‘carparking areas’ in the body of the definition above has no
       application to the RV accommodation use. The same reasoning for this point applies
       equally, mutatis mutandis, to the second paragraph of the definition of Park in the
       2015 Planning Scheme. The relevant discussion with respect to this appears at
       paragraph [67] above. In short, the definition speaks of ‘facilities’ and not separate
       ‘uses’ that serve the purpose of the park. RV accommodation is not a facility that
       serves the park, rather it is a separate and independent use involving the parking of
       caravans and similar vehicles.

[96]   In July 2014, the definition of ‘use’ in SPA was in the following terms: