Caravan Parks Association of Queensland Limited v Rockhampton Regional Council & Anor

The Caravan Parks Association of Queensland Limited, on behalf of its members, sought a declaration and enforcement orders against the Rockhampton Regional Council and another party, in relation to the overnight parking of recreational vehicles (RVs) in a public park. The association argued that the use of the premises for overnight parking constituted a new use and required an effective development permit. They further contended that this use was not a lawful use. In contrast, the Council argued that the use was an ancillary use for which no development permit was required.

The court was required to determine whether the use of the premises for overnight parking of RVs constituted assessable development under the Planning Act 2016. Additionally, it needed to decide if the use was a lawful one and whether a development offence had been committed under sections 163 and 165(a) of the Act. Finally, the court had to consider whether enforcement orders should be granted to restrain the commission of a development offence.

The court found that the use of the premises for overnight parking of RVs was a new use and constituted assessable development. It held that the use was not a lawful use as it required a development permit which had not been obtained. The court also found that a development offence had been committed. Consequently, enforcement orders were granted to restrain the commission of the development offence. The court made enforcement orders in accordance with paragraph [128] of the reasons for judgment and will hear from the parties regarding costs.