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

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[23]   At present, car parking facilities are provided for visitors to Kershaw Gardens in two
       locations: (1) the Moores Creek Road carpark; and (2) the High Street carpark. RV
       accommodation is located in the High Street carpark.

[24]   The High Street carpark is located in the Northern Precinct of the park. It is accessed
       via a roundabout and a short section of an internal road. Signage has been placed at
       the entry to the High Street carpark stating, inter alia:

       (a)    the site is designated for use by ‘FULLY SELF CONTAINED’ campers only;

       (b)    ‘NO FACILITIES ARE PROVIDED’;

       (c)    an individual’s camping set up ‘MUST’ allow to wholly contain and store all
              grey and black water;

       (d)    ‘CAMPING PERMITTED’ with a maximum stay of 48 hours; and

       (e)    camping in tents is not allowed.

[25]   The High Street Carpark is about 9,164m2 in size and is unsealed with a graded gravel
       surface. In percentage terms, this carpark equates to less than 4% of the total area of
       the land. There is no floodlighting for the carpark. Nor are essential services (i.e.
       water, sewer or power) provided for occupants in the RV accommodation area. The
       closest amenities block is located in the Central Precinct of the park, some 500 metres
       to the south of the High Street carpark. This existing amenities block does not have
       shower facilities.

[26]   A temporary barrier is located towards the southern end of the High Street carpark.
       The purpose of the barrier is to create a demarcation between the parking provided
       for RV accommodation, and the parking provided for visitors as well as contractors
       who are involved in the redevelopment of Kershaw Gardens.

[27]   The evidence establishes the RV accommodation use started in late July 2014. The
       precursor to the start of the use appears to be a recommendation of the Council’s
       Parks & Recreation committee of 1 July 2014. The committee recommended the
       Council resolve as follows:

               “THAT the carpark off High St in Kershaw Gardens be progressed for
               overnight stopovers for self-contained recreational vehicles and that
               appropriate approvals be sought and the Land Use Management Plan be
               revised and the current overnight stop overs at Washpool be discontinued
               and be signed accordingly.”

[28]   The Council minutes of 8 July 2014 record it resolved to adopt the recommendation
       of the Parks and Recreation Committee in identical terms to that set out in paragraph
       [27] above.

[29]   The reference to ‘appropriate approvals’ in the committee’s recommendation of 1
       July 2014, and the subsequent Council resolution of 8 July 2014, appears to be a
       reference to approvals required from the State Government. Internal correspondence
       between Council officers contained in the evidence, suggest it is accepted that an
       approval is required from the State Government to permit the land to be used for RV
       accommodation. This is not a purpose contemplated by the purpose of the reserve.