CONSULTATION REPORT – RESPONSE TO SUBMISSIONS€¦ · consultation report – response to...

CONSULTATION REPORT – RESPONSE TO SUBMISSIONS MAJOR AMENDMENT 1 TO THE MACKAY REGION PLANNING SCHEME 2017 – SELF‐CONTAINED RECREATIONAL VEHICLE GROUNDS

Abbreviations:

Acronym / Abbreviation Definition ADSR Accepted development subject to requirements Council Mackay Regional Council Planning scheme Mackay Region Planning Scheme 2017 Proposed amendment Major Amendment 1 RV grounds Self‐contained recreational vehicle grounds RV Recreational vehicle

Theme Issue #

Submitter Ref.

Point of Submission Response Results in Change?

SUPP

ORT

PS1.1 M3.1 Support for the proposed amendment.

Recreational vehicles (RVs) parking illegally in coastal areas and in highway rest areas is a major problem throughout Australia. Allowing private landowners to host these travellers is a solution multiplier ‐ giving farmers and other landowners much needed extra income, providing new and unique tourism experiences, easing the pressure on areas where RVs park illegally and bringing income into towns within the Mackay Region.

Travellers are looking for a diverse range of experiences. Many RV owners are not looking for a caravan park experience. Instead they are wanting to meet farmers and landowners and to escape the crowds by being able to stay on a property where they are part of a very low key, boutique tourism experience.

Noted. No change made.

PS1.2 M13.1 Support for the proposed amendment.

It will stimulate tourism and provide business opportunities to the Mackay region.

Noted No change made.

DEFINITIONS

PS2.1 M2.1 The proposed amendment segregates the market between existing Tourist parks (some of which are also located in natural settings) and Nature‐based tourism. Concern that campgrounds in National Parks would need to be renamed as Nature‐based tourism.

The Nature‐based tourism land use definition is not a new definition and has been included in Schedule 1 of the Mackay Region Planning Scheme 2017 (planning scheme) since July 2017 when the planning scheme commenced. The land use definitions included in Schedule 1 are a regulated requirement in accordance with the Planning Regulation 2017, under the Planning Act 2016 and cannot be changed.

The main differences between the two uses are: Nature‐based tourism may provide accommodation, but it must be associated

with the appreciation, conservation or interpretation of environmental or cultural areas, local ecosystems or the natural environment.

Tourist parks may offer additional facilities and services, such as sports courts and kiosks; and

Nature‐based tourism is generally located outside of urban areas whereasexisting Tourist parks may be located within or outside of urban areas.

The proposed amendment does not apply retrospectively and does not affect existing lawful uses/operators (i.e. within National Parks), nor does the amendment prescribe how they are named.

No change made.

PS2.2 M2.7 M6.11 M7.18 M8.1 M8.7 M11.1 M12.1

Do not support the creation of the ‘self‐contained RV ground’ administrative definition.

Do not support the introduction of a new administrative definition, because:

• implies the existing Tourist park definition does not include RVs; and

During the preparation of the proposed amendment, it was highlighted that both the Nature‐based tourism and Tourist park land use definitions may apply to RV grounds as per the land use definitions below:

Nature‐based tourism means the use of premises for a tourismactivity, including accommodation for tourists, for the appreciation, conservation or interpretation of: (a) an area of environmental, cultural or heritage value; or

No change made.

there is no agreed definition or Australian Standard relating to RVs. New Zealand has adopted a standard for self‐contained vehicles, but this has not addressed the behaviour of users or enforcement.

(b) a local ecosystem; or(c) the natural environment. Examples of nature‐based tourism: environmentally responsible accommodation facilities including cabins, huts, lodges and tents.

Tourist park means the use of premises for:(a) holiday, accommodation in caravans, self‐contained cabins, tents or other similar structures; or (b) amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation facilities for the use of occupants and their visitors, or staff accommodation, if the use is ancillary to the use in paragraph (a). Example of tourist park: Camping ground, caravan park and holiday cabins.

The addition of the proposed administrative definition does not mean that Tourist parks cannot accommodate self‐contained vehicles. Tourist parks (existing and future) may continue to service any type of accommodation activity approved as part of a development approval and/or local law, which may include self‐contained vehicles.

PS2.3 M4.1 The administrative definition should require both greywater and blackwater storage.

Agree with submitter. Change made as a result of this and other submissions.

The definition of ‘self‐contained recreational vehicle ground’ has been amended as follows:

Self-contained vehicle means a vehicle that has on board cooking, and sleeping and toilet facilities and can: (a) hold fresh water; and(b) store greywater and/or blackwater.

PS2.4 M5.4 M6.4 M7.4 M9.3

The proposed administrative definition for ‘self‐contained recreational vehicle’ is too broad.

No recreational vehicle is truly self‐contained in that it can hold greywater and blackwater for unlimited periods of time. As such, all RVs must utilise a dump point to remove the waste they carry, which is why dump points are installed in caravan parks.

Concern that the administrative definition may also apply to back‐packer style vans, tent trailers and roof top campers.

The proposed administrative definition does not require an onboard toilet or shower facilities, nor does it provide for the containment of solid waste, toilet waste and grey wastewater.

In October 2017, Council commissioned an independent consultant to complete a regulatory review of the planning scheme and how it applies to camping choices, specifically self‐contained vehicles. The review recommended a number of improvements in relation to the self‐contained vehicle assessment criteria and inclusion of administrative definitions that may be considered as part of the future amendment to the planning scheme.

The proposed administrative definition was drafted in accordance with the approved administrative definition adopted by Fraser Coast Regional Council (effective from 8 August 2016) and approved by the then Department of Infrastructure, Local Planning and Government (DILGP) under delegation of the Minister. The proposed administrative definition also reflects the Campervan and Motorhome Club of Australia (CMCA) Self Contained Vehicle Policy.

As a result of submissions, the proposed administrative definition will be strengthened further to clarify that an on‐board toilet is required and that the vehicle must be capable of storing greywater and black water.

On‐board showers are not required in all instances and the user can choose where they stay according to their personal needs.

Change made as a result of this and other submissions. Refer to issue PS2.3 for details of change.

PS2.5 M5.6 M8.4

Only a small percentage of RVs are self‐contained. This amendment is intended to only apply to self‐contained vehicles in accordance with the proposed administrative definition. Other types of vehicles/caravans will continue to be accommodated by the existing Tourist parks within the region.

Any other proposal outside of this amendment would be subject to assessment by Council in accordance with the relevant land use, level of assessment, applicable codes and legislative requirements in accordance with the Planning Act 2016.

No change made.

TABL

ES OF AS

SESSMEN

T

PS3.1 M4.3 Consider amending the Accepted development subject to requirements (ADSR) and code assessable sections to allow RV grounds on the Sarina and Finch Hatton showgrounds sites where located in the Community facilities zone.

Agree with submitter.

It was intended that the category of development and assessment column for Tourist park in the Community facilities zone where referring to ‘where located on Council owned or controlled land’ would apply to the Sarina showground site and the Finch Hatton showground site.

The assumption that these sites were located on ‘Council owned or controlled land’ was incorrect.

Change made.

Change proposed to Table 5.5.1 – Community facilities zone

Use Category of development and assessment

Tourist park

Accepted development subject to requirements If for self‐contained recreational vehicle ground where: Involving not more than

10 self‐contained vehicles; and

located: o on Council owned or

controlled land; or o within an existing

tourist park; or o within the Sarina

Showgrounds site; or o within the Finch Hatton

Showgrounds site. Code assessment All other circumstances where located: on Council owned or

controlled land; or within the Sarina

Showgrounds site; or within the Finch Hatton

Showgrounds site.

PS3.2 M5.11 M7.10 M8.13 M8.23 M9.11

Do not support reduced category of assessment or different assessment requirements for self‐contained RV grounds.

Concerns raised are in relation to:

lower levels of assessment for RV grounds co‐located with a Hotel;

perceived higher risk due to reduced assessment criteria; and

RV grounds would previously have been impact assessable development.

The ability for lower levels of assessment have been applied to both Nature‐based tourism and Tourist park land uses. In almost all instances, existing Tourist parks are able to provide up to an additional ten self‐contained vehicles without further planning approval (under ADSR) if it is able to comply with all requirements for accepted development.

The lower level of assessment (i.e. ADSR) for RV grounds associated with Nature‐based tourism is limited to the Rural zone, Tourism zone and Township zone only. Code assessable applications are also limited for new RV grounds associated with Nature‐based tourism when compared with RV grounds associated with existing Tourist parks.

Tourist parks / caravan parks are by definition designed to accommodate a wider segment of the tourist market and may include self‐contained vehicles in additional to buildings and other structures. A tourist park also allows for recreational facilities to support the park including sports courts, pools, kiosks and the like.

A RV ground associated with Nature‐based tourism may only cater for self‐contained recreational vehicles and does not allow other facilities to be established at the lower level of assessment. Any alternative would require a code assessable application to be lodged with Council and significant justification to be provided to support the proposed facility.

The statement that all RV grounds would be impact assessable is incorrect as many would be code assessable in the current version of the planning scheme (version 2.2), however, sufficient justification and supporting evidence would be required to obtain a development approval. In accordance with the current planning scheme in effect, code assessment would apply to RV grounds in the following zones:

Tourist park Nature‐based tourism Community facilities* Conservation zone Emerging community zone Low density residential

zone* Low impact industry zone* Medium density residential

zone* Open space zone* Rural zone* Tourism zone Township zone Mackay city centre local

plan*

Conservation zone Open space Rural zone* Tourism zone

* means additional criteria applies for code assessment. Refer to Part 5 of the planning scheme for details.

No change made.

PS3.3 M10.1 Amend AO1.1(d) to apply to Hotel uses involving: only 1 night rest stop does not include use of hotel parking areas not within 10km of a registered caravan park

Rest stops are not a matter prescribed in a planning scheme. Rest stops are often located along state‐controlled roads to accommodate motorists, caravans and heavy vehicles for a reduced timeframe. Rest stops may be managed by Department of Transport and Main Roads, Local Governments, the Department of

No change made.

1 night rest stops will limit the choice of visitors using hotels.

Natural Resources and Mines or combination of private operators and community groups.

Self‐contained RV grounds in accordance with the Tourist park or Nature‐based tourism land use definitions in the planning scheme are intended to be commercial operations. The provision for RV grounds are applied consistently to all appropriate locations (zones) and include up to three night stays in accordance with the industry standard for effluent disposal.

A 10km radius restriction does not appear to have a significant benefit for existing Tourist park operators. Hotels proposing to include RV grounds are limited to the Township or Rural residential zones only.

PS3.4 M7.12 M8.17 M9.13

Concern that Council may establish RV grounds in the future due to the ADSR category of assessment where on Council owned or controlled land.

Council should try to minimise their competitive advantage over commercial operators such as caravan parks.

Mackay Regional Council currently has no plans to establish any new RV grounds, Tourist parks or free camping areas. The inclusion of Council owned or controlled land as ADSR in the Community facilities zone is intended to allow community organisations (often regionally located) who manage or lease Council land to explore economic development opportunities through offering small‐scale RV grounds in their communities.

No change made.

ASSESSMEN

T BE

NCH

MAR

KS

PS4.1 M1.1 Remove Acceptable outcome AO8.2 from the Nature‐based tourism code requiring access via a sealed road.

To meet the requirements for ADSR, access from a sealed road must be provided. Proposed development, where proposing access via an unsealed road, would be subject to a code assessable application and assessed against the corresponding performance outcome to ensure that access is appropriate, durable and able to safely accommodate any proposed increases to traffic volumes.

No change made.

PS4.2 M2.3 Minimum 75m2 per site does not include information on distance – i.e. for fire hazards or cooking equipment.

The proposed 75m2 is considered an appropriate site area for the positioning of a self‐contained vehicle for the safety and amenity of other users. Further, the 75m2 is a minimum area and may be increased.

The local law permit may prescribe additional criteria in relation to fire safety.

No change made.

PS4.3 M2.5 Acceptable outcome AO2 of the Nature‐based tourism code contradicts the intention of Nature‐based tourism which is often located in proximity to national parks, wetlands, wildlife habitat, or near to waterways.

The acceptable outcome (AO2 of Table 9.3.12.3.A; AO3 of Table 9.3.12.3.B; and AO2 of Table 9.3.21.3.B) is intended to ensure that any development that proposes to locate within one of these overlays requires code assessment by Council.

If development proposes to locate within any of these overlays, compliance with the relevant performance outcome must be demonstrated. The performance outcome requires the applicant to demonstrate the development can mitigate risk to people and property and potential damage to the environment and may require a development application to be supported by a report prepared by a suitably qualified person (i.e. a bushfire management plan). These provisions are to ensure that self‐contained RV grounds are appropriately located within a lot.

No change made.

PS4.4 M4.2 Consider amending the code for nature‐based tourism for self‐contained RV grounds to require a refuse bin for all proposed sites.

This achieves alignment with the intent of the local law to ensure that the operation of a caravan park must not produce environmental harm. It further ensures that this requirement is applied equally across self‐contained RV grounds regardless of urban or rural setting

The amendment as‐advertised for public consultation required a refuse bin only for self‐contained RV grounds involving 11 or more sites where located in an existing refuse collection area. This was intended to allow smaller scale (10 or less) grounds to establish with minimal facilities.

Agree that a single refuse bin at each self‐contained RV ground is a reasonable requirement that is in line with Local Law requirements and will improve public health related outcomes. This will not be an unreasonable impost on operators of RV grounds.

Change made in response to this and other submissions.

The following Acceptable outcome and Performance outcome has been added to the Nature‐based tourism code (Table 9.3.12.3.B), and the Tourist Park and Relocatable home park code (Table 9.3.21.3.B) and applies for all proposed self‐contained RV grounds:

This requirement is also relevant for Self‐contained RV grounds establishing under the Tourist park land use. PO

Self-contained recreational vehicle grounds provide adequate rubbish storage and disposal.

AO Self-contained recreational vehicle grounds provide a central refuse collection bin.

This requirement has also been removed from the Assessable development section to avoid duplication.

PS4.5 M5.3 M7.3 M8.21 M9.2

The General development requirements code ensures that code assessable and impact assessable developments meet the region’s requirements for infrastructure, amenity, safety and environmental standards.

Recommend the general development requirements code apply to all levels of assessment and non‐compliant camp grounds.

Code assessment is required for RV grounds where proposing 11 or more self‐contained vehicles. In this instance, assessment is required against the applicable use code (Tourist park and relocatable home park code or Nature‐base tourism code), the General development requirements code, the Healthy waters code and the applicable zone code.

Self‐contained RV grounds are ADSR only where involving 10 or less sites and the provisions in Table B of the Tourist park and relocatable home park code and Table B of the Nature‐based tourism code are appropriate to regulate self‐contained RV grounds of this scale.

No change made.

PS4.6 M5.1 M5.2 M6.10 M7.2 M7.17 M8.20 M9.1 M11.3 M11.5 M12.5 M12.3 M14.1

Support a review of the existing Tourist park and relocatable home park code rather than the proposed Table B inclusion.

If the assessment criteria for a Tourist park is currently too burdensome, then the Tourist park and relocatable home park criteria should be reviewed rather than creating a subset for a development type that is clearly a tourist park.

Seeking more flexibility for existing Tourist park operators.

Numerous studies, briefings and meetings with caravanning bodies and affiliated organisations have contributed to this proposed amendment and were conducted between 2015 and 2019. In October 2017, Council commissioned an independent consultant to complete a regulatory review of the planning scheme and how it applies to camping choices, specifically self‐contained vehicles. The review recommended a number of improvements to the self‐contained vehicle assessment criteria and administrative definitions that may be considered as part of the future amendment to the planning scheme.

As a result, a supplementary code was included in the Tourist park and relocatable home park code to support new RV grounds. New administrative definitions were also included to support the amendment. Prior to public notification, the proposed amendment received approval from the Minister for State Development, Manufacturing, Infrastructure and Planning, confirming compliance with the legislative requirements set out by the:

Minister’s Guidelines and Rules; Planning Act 2016; and State Planning Policy – July 2017.

Existing tourist parks often accommodate a mix of self‐contained vehicles, camping, cabins and associated facilities.

The intent of this amendment is to allow small‐scale RV grounds with no constructed amenities that can only accommodate self‐contained vehicles to establish in appropriate locations. To enable this, a different set of assessment criteria is proposed (Table B).

Table B is added to the Nature‐based tourism code and Tourist park and relocatable home park code to provide increased assessment criteria for RV grounds, including limiting constructed amenities.

Existing lawful Tourist parks may use Table B to expand their offering in the future and add RV grounds, providing no other forms of accommodation are included as part of the assessment.

As a result of submissions, the acceptable outcomes of each Table B were reviewed, and it was identified that a new Tourist park (where for RV grounds only) did not prevent new facilities from being constructed. This was inconsistent with the Nature‐based tourism code and disadvantaged existing Tourist park providers who already had Tourist parks with facilities.

Change made.

A new Self‐contained recreational vehicle ground established under the Tourist park or Nature‐based tourism use should have limited amenities/constructed facilities, as it is one of the main differentiating features that separates a self‐contained RV ground from a Tourist park.

The Nature‐based tourism code Table 9.3.12.3.B already has a provision stating that the ground does not include constructed facilities such as sport courts, swimming pools or a kiosk.

This provision will be carried over to the Tourist park code Table B and a note will be added to clarify that existing facilities in existing Tourist parks are not included. This is to allow RV grounds to establish within existing Tourist parks as intended.

AO3.4 added to Table 9.3.21.3.B and additional requirement added to PO3.

PO3 Self-contained recreational vehicle grounds: (a) are of a size

and scalecompatiblewith thecharacteristicsof the zone;and

(b) have limitedamenities;and

(c) are used forshort-termstays only.

AO3.4 The ground does not include constructed facilities such as sport courts, swimming pools or a kiosk.

Note – does not apply to existing facilities in existing Tourist parks.

PS4.7 M5.13 M7.13 M7.15 M8.16 M8.22 M9.14 M9.16 M9.19

Include the following requirements in the RV ground criteria as the requirements for self‐contained RV grounds do not address: site location visual impact infrastructure requirements dump point included on all RV grounds fire safety

In October 2017, Council commissioned an independent consultant to complete a regulatory review of the planning scheme and how it applies to camping choices, specifically self‐contained vehicles. The review recommended a number of improvements to the self‐contained vehicle assessment criteria and administrative definitions that may be considered as part of the future amendment to the planning scheme.

Change made in response to this and other submissions. Refer to issue PS4.8 for details of the change.

refuse management noise safety risk management the tourism economy lighting and casual surveillance requirements; and safe and convenient pedestrian access.

Additional safety concerns are: trip hazards from uneven ground informal roads leading to conflict between

pedestrians and vehicles undesirable behaviour by visitors loose items creating trip hazards lack of separation between caravan parking sites to

provide a buffer in the event of a fire or similar emergency

a lack of planning for an emergency situation.

The proposed amendment includes assessment criteria to regulate RV grounds and ensure public safety and standards are maintained. An RV ground where accommodating 10 or less vehicles is required to achieve compliance with all acceptable outcomes of Table B of the corresponding development code (i.e. Nature‐based tourism code or Tourist park and relocatable home park code). Where unable to achieve compliance with an acceptable outcome, assessment against the performance outcome is assessed by Council.

General requirements for ADSR The following assessment criteria are included in Table B of the Nature‐based tourism code and Table B of the Tourist park and relocatable vehicle code which apply to RV grounds only: site characteristics (including setbacks and separation requirements); restriction of removal of native vegetation to improve amenity (nature‐based

tourism code Table B only); requirement to not locate in areas constrained by environmental / natural

hazard areas; limits on the scale of RV grounds and limits of onsite facilities (i.e. no sports

courts, kiosks etc); minimum standards for a road and access to the RV grounds; minimum ground levels, signage and evacuation route requirements in

relation to flood hazards; refuse bins which are now required for all RV grounds (a change

recommended as a result of submissions).

Dump points Discussion regarding dump points is detailed in PS4.8 and PS8.3.

Pedestrian access The request to include pedestrian access to RV ground applies that pedestrians are able to access these grounds without a vehicle. It is intended that RV grounds associated with Nature‐based tourism are located in non‐urban zones. As such, there is no existing pedestrian network to connect to facilitate this activity. Where located in a pedestrian network area and the proposed development is code assessable, the relevant provisions will be required in accordance with the General development requirements code.

Hazards and environmental areas An RV ground must be located outside the specified hazard or environmental areas prescribed in AO3 of the Nature based tourism code (or AO2 of the Tourist park and relocatable home park code) to comply with the ADSR requirements. If proposing within hazard or environmental areas, a code assessable application to Council is required for assessment. A supplementary report may be required for assessment (i.e. bushfire management plan, flood hazard report, environmental management plan etc) in accordance with the performance outcome and ensure any risk is appropriately managed. If the risk cannot be appropriately managed the development may be recommended for refusal or conditioned to comply in accordance with the Planning Act 2016. Refer to the provision proposed below.

PO3 Development is located, designed and operated to: (a) mitigate risk to people and property to

an acceptable or tolerable level; and

AO3 Development is not located in areas: (a) subject to inundation from an

overland flow path; or

(b) minimise environmental impacts by: locating in areas of least ecological

significance; ensuring no negative impacts on

waterways, wetlands or coastal environments, including stormwater quality impacts; and

maximising the retention of existing native vegetation and wildlife habitats.

Note - A report prepared by a suitably qualified person can assist in demonstrating compliance with this performance outcome.

(b) identified as “very high bushfire hazard area”, “high bushfire hazard area” or “medium bushfire hazard area”; or

(c) identified as environmentally significant vegetation or wildlife habitat; or

(d) within 100 metres of waterwaysand wetlands; or

(e) within erosion prone land.

Code assessable RV ground (11 or more self‐contained vehicles) For RV grounds proposing 11 or more self‐contained vehicles, the requirements of Table B plus the additional assessment criteria included in the General development requirements code, Healthy waters code, applicable zone code and any other relevant code will apply which include additional assessment criteria, for example: infrastructure (sewer, water, roads, etc); noise; fire safety; access; landscaping; other relevant criteria.

The proposed assessment benchmarks in addition to the existing assessment benchmarks in the planning scheme are sufficient to regulate new RV grounds or Nature‐based tourism within the region.

PS4.8 M8.5 Include requirements for sites to have dump points and toilets to ensure that that greywater and blackwater are disposed of correctly.

Request that AO14 and AO10 from the Tourist park and relocatable home park code Table A apply to self‐contained RV grounds.

This will: minimise improper disposal of grey / black water; decrease the level of compliance required

Acceptable outcome AO10 of Table A of the Tourist park and relocatable home park code prescribes constructed amenities and facilities that would not be appropriate for a self‐contained RV ground. This level of infrastructure also does not align with the Nature‐based tourism definition or the small scale, low facility intent of self‐contained RV grounds. A new acceptable outcome which applies to all self‐contained RV grounds states that the ground does not include constructed facilities such as sport courts, swimming pools or a kiosk. Visitors/tourists seeking these services can only utilise these in Tourist parks rather than a RV ground.

As a result of this and other submissions: 1. the administrative definition of Self‐contained recreational vehicle will be

strengthened further to clarify that an on‐board toilet is required and that the vehicle must be capable of storing greywater and black water.

2. The existing requirement for RV grounds where accommodating 11 or more self‐contained vehicles to provide a dump point where within a sewered area will be strengthened to also require a dump point for greywater where outside of a sewered area. This will reduce improper disposal of greywater in larger scale RV grounds and decrease the level of compliance required.

Council also provides existing and publicly accessible dump points at Sarina, Mackay and Mirani. Council will continue to assess demand for these facilities into the future.

Changes made as a result of this and other submissions. 1. Refer to issue PS2.3 for details of

change in relation to definition of self‐contained RV.

2. Refer below for changes related to requiring a dump point for greywater.

Change to requirement for assessable development where for self‐contained RV grounds involving 11 or more RVs. Change is to Nature‐based tourism code Table B and Tourist park and relocatable home park code Table B.

An additional requirement is added to the Acceptable outcome requiring a dump point for greywater is provided in where reticulated sewer is not available.

Other acts of improper behaviour (in conflict with local law permits or the planning scheme) will continue to be managed by Council’s Compliance team.

On‐board showers are not required in all instances and the user can choose where they stay according to their personal needs.

This change will reduce potential impacts surrounding improper disposal of greywater.

Acceptable outcomes AO Self-contained recreational vehicle grounds, where accommodating 11 or more self-contained vehicles provide: (a) a minimum of 1 unisex toilet;

and(b) reticulated water supply where

available; and(c) a dump point where reticulated

sewer is available. (c) a dump point:

(i) for blackwater andgreywater wherereticulated sewer isavailable; or

(ii) for greywater wherereticulated sewer is notavailable.

PS4.9 M7.19 M8.24 M9.18

Recommendation to amend the following provisions from Table A of the Tourist park and relocatable home park code as follows: P04 ‐ to allow Tourist parks to locate in in some areas

prone to flooding provided that all accommodation can be relocated.

PO7 – to allow for smaller site sizes for tents, vansetc.

PO8 – amend requirements to 1m setback from internal road and 3m setback from adjoining buildings

PO10 – provide flexibility to allow the tourist park operator to determine the number of facilities they require

PO11 – reduce requirement as guests normally have own vehicle

PO15 – add additional requirement that roads are all weather and of a quality and durability to withstand the intended traffic volumes.

PO16 – the finish of the internal roads should be the decision of the business owner

PO18 – the finish of the pedestrian facilities should be the decision of the business owner

The majority of Table A within the Tourist park and relocatable home park code remains unchanged as a result of this amendment. This section of the code has been publicly notified during the establishment of the planning scheme and has received approval from the Minister. The following comments are provided:

PO4 – The performance outcome does not explicitly state that Tourist parks cannot locate within flood hazard areas. As with Table B, Council would need to complete an assessment against the entire performance outcome and supporting evidence (i.e. a flood management plan prepared by a suitably qualified person) to determine if the proposal is suitable. In most instances where Table A applies, the Flood hazard overlay code also applies and would need to be included as part of any development application to ensure that flood hazard is appropriately considered and does not result in risk to people or property.

PO7 – the acceptable outcome prescribes 130m2 per site. The 130m2 is appropriate for the provision of buildings and structures (i.e. cabins). The performance outcome provides flexibility where an adequate usable area is provided, and the applicant can demonstrate that the development maintains amenity and character for the surrounding area.

PO8 – the acceptable outcome prescribes setbacks. The performance outcome allows for flexibility and may be approved if the applicant can demonstrate that the proposed setbacks do not result in an over development of the site; a reasonable level of privacy is maintained and buildings and structures have access to natural breezes and sunlight.

PO10 – the acceptable outcome prescribes the types of facilities required to support a Tourist park. The corresponding performance outcome allows for

No change made.

flexibility but still requires a high level of accommodation experiences, including onsite facilities in line with reasonable expectations of a tourist park visitor.

PO11 – part of what separates Tourist parks from self‐contained RV grounds is greater level of service.

PO15 – vehicle access points in both Table A and B are required to be an access by a sealed (bitumen or concrete) road. The performance outcome may consider alternatives providing the applicant can demonstrate the road is durable and can safely accommodate the number of vehicles generated by the proposal.

PO16 – this performance outcome allows for flexibility to provide differentroad finishes subject to Council assessment. Any alternative would also need to consider the requirements in the General development requirements code.

PO18 – part of what separates Tourist parks from self‐contained RV grounds is greater level of service and amenity. The performance outcome may allow for flexibility to provide different finishes subject to Council assessment. Any alternative would also need to consider the requirements in the General development requirements code.

PS4.10 M8.19 Concern that low‐cost campsites may result in guests residing on a permanent basis using rights under the Residential Tenancies and Rooming Accommodation Act 2008.

The Residential Tenancies and Rooming Accommodation Act 2008 does not supersede the requirements of the Planning Act 2016 and all land uses must obtain the relevant planning approvals in accordance with the planning scheme.

Long‐term accommodation does not meet the definition for Tourist park or Nature‐based tourism and would not be approved under such definition. The Planning Regulation 2017 and planning scheme provide a number of alternative definitions that include long‐term accommodation, including:

Multiple dwelling; Relocatable home park; Rooming accommodation; Non‐residential workforce accommodation; Rural workers accommodation.

Each of these uses require a minimum of code assessment (and often impact assessment) and are unable to establish ‘as of right’ (ADSR).

No change made.

PS4.11 M10.2 M10.3

RV grounds involving 11 or more sites should be fully assessable against the Tourist Park and Relocatable Home Park Code Table A as they are now supplying sewerage and water.

11 to 25 sites is equal to approximately 60 persons and will cause a significant impact to natural surroundings.

Delete PO8/AO8 of the Tourist park and relocatable home park code and PO9/AO9 of the Nature‐based tourism park code and as it is no longer a self‐contained RV ground.

RV grounds proposing 11 or more self‐contained vehicles require code assessment in all instances against:

The development code (Table B of the Tourist park and relocatable home park code or Nature‐based tourism code);

General development requirements code; Healthy waters code; Relevant zone code; Any additional overlay codes.

As the General development requirements code applies there is no need to duplicate provisions across multiple codes as they will be consistently applied.

Table B of the Tourist park and relocatable home code and Nature‐based tourism code was created to ensure that any proposed self‐contained RV grounds included limited facilities and therefore did not compete with existing or future tourist parks in the region. It is not appropriate to assess RV grounds against Table A of the Tourist park and relocatable home park code as this requires a higher level of facilities that are not intended for RV grounds.

No change made.

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PS5.1 M2.2 M2.4 M5.8 M6.1 M6.7 M8.12 M9.7 M9.10 M11.4 M12.4

There is an adequate number of caravan parks in the region to accommodate the recreational vehicle consumer. Allowing self‐contained RV grounds to establish will impact existing caravan parks and: • diminish occupancy rates• diminish revenue• reduce infrastructure investment• result in an increase in roofed accommodation and a

reduction in the number of powered and unpowered sites

• reducing the value of existing commercial caravan parks in the region due to the reduction of site nights and concern from potential buyers

• resulting in a negative economic impact and a degeneration of Mackay as a Tourist destination

Since 2015 Council had completed numerous studies, Council briefings and meetings with caravanning bodies and affiliated organisations which have contributed to this proposed amendment. The studies identified that a low‐cost option may supplement the existing tourism market for the Mackay region.

Data supplied by the State Government’s Camping Options Toolkit (2017) states that 50% of consumers stay in a combination of commercial and non‐commercial accommodation, 34% stay only in commercial and 16% stay only in non‐commercial sites.

This amendment will provide an alternative for the 16% of self‐contained vehicle users who wish to stay in non‐commercial sites (or with low‐cost providers) and discourage self‐contained vehicle from staying in unapproved areas. Mackay Regional Council currently has no plans to establish any new RV grounds, Tourist parks or free camping areas. The intention is to allow the private sector to establish low cost RV grounds, in order to capture a sector of the RV market that is currently not well catered to within the Mackay Region.

Council’s Economic Development and Tourism program is actively delivering initiatives to attract visitors and increase overnight visitor expenditure disbursed in the Mackay Region. Targeting the self‐drive market, Council delivered a $3.45 million upgrade to the Sarina Visitor Information Centre and maintains a strong partnership with Mackay Tourism to support the strategic development of self‐drive marketing material and campaigns. Looking at future trends and how to increase tourism market share, Council developed and implements initiatives identified in the Recreational Fishing Strategy, the Mountain Bike Strategy and Event Strategy. Council will continue to work on initiatives encouraging growth of the tourism and events sector in Mackay.

No change made.

PS5.2 M2.10 Allowing additional non‐commercial sites to establish poses threats to the consumer and their safety, Mackay Tourism and their brand and Commercial Caravan Parks.

Planning scheme provisions and local law permits regulate the proposed RV grounds and ensure public safety and standards are maintained. The proposed amendment has been drafted with a risk‐based approach and has regard to environmental hazards and may be subject to detailed assessment by Council where required to ensure that future RV grounds are appropriately located.

No change made.

PS5.3 M2.6 M5.10 M7.9 M8.3 M14.3

Concern that the proposed amendment will result in a high visitor / low yield strategy, which does not benefit the local economy.

Recommends better promotion of existing facilities and events rather than allowing RV grounds. Concern that RV grounds result in high visitation, low regulative control, low expenditure, and uncontrolled non‐commercial accommodation capacity growth (Airbnb and “free camping”).

Tourist parks are superior to Self‐contained RV grounds because Tourist parks encourage longer stay lengths due to: superior amenities and facilities; providing a “home” to return to from which to base

their exploration of the region; relationships built with operators and with fellow

tourists.

Tourist parks therefore provide greater value to the region in terms of spend and tourism activity patronage. A reduction in the numbers staying at Tourist parks would therefore result in a multiplied detriment to regional tourism.

Since 2015 Council had completed numerous studies, Council briefings and meetings with caravanning bodies and affiliated organisations which have contributed to this proposed amendment. The studies identified that a low‐cost option has the potential to positively supplement the existing tourism market for the Mackay region.

Mackay Regional Council currently has no plans to establish any new RV grounds, Tourist parks or free camping areas. The intention is to allow the private sector to establish low cost RV grounds, in order to capture a sector of the RV market that is currently not well catered to within the Mackay Region.

RV grounds are intended to cater to a different type of visitor seeking a low cost, no facility arrangement. The proposed amendment is intended to encourage a part of the drive tourism market currently bypassing Mackay to stop in Mackay for short‐term stays and potentially longer stays as they stop to explore the region.

Visitors seeking a higher level of service and amenity will continue to stay with the existing Tourist park providers in the region.


No change made.

PS5.4 M5.12 M8.14

Concern that RV grounds detract from existing caravan park numbers.

Reductions in stays at tourist parks will result in a decrease in economic activity for the region.

RV grounds may establish with no or limited facilities and therefore may be provided at a lower cost. These low‐cost grounds are intended to capture a segment of the market that is not currently staying at commercial caravan parks and not seeking the level of amenities and services tourist park sites provide.

Tourist parks may provide more facilities than RV grounds and this is seen to be the differentiating factor that will continue to attract consumers that stay at a range of commercial options.


No change made.

PS5.5 M6.3 M7.7 M9.9

There are two caravan parks in the region that offer lower cost camping options for their guests whilst still meeting the regulations and requirements set out by the council with a significant investment on their behalf.

Existing caravan parks, including the two examples sited, accommodate a mix of self‐contained vehicles, camping, cabins and associated facilities.

No change made.

The intent of this amendment is to provide small‐scale RV grounds with no constructed amenities that can only accommodate self‐contained vehicles. To enable this a different set of assessment criteria is proposed (Table B).

Table B is added to the Nature‐based tourism code and Tourist park and relocatable home park code to provide increased assessment criteria for RV grounds to limit other amenities from being constructed onsite and to not complete with existing or future Tourist parks.

Existing Tourist parks may use Table B to expand their offering in the future and add RV grounds, provided no other forms of accommodation are included as part of the assessment.

PS5.6 M5.9 M7.8 M11.2 M12.2

Commercial operators invest significant amounts of money in their operations. This contributes to the local economy through employment, rates, insurance and providing work for local contractors.

Small‐scale RV grounds will diminish occupancy rates and revenue from existing caravan parks and result in less investment.

Since 2015 Council had completed numerous studies, Council briefings and meetings with caravanning bodies and affiliated organisations which have contributed to this proposed amendment. The studies identified that a low‐cost option has the potential to positively supplement the existing tourism market for the Mackay region.

The proposed amendment aims to achieve a balance between various competing interests and capturing an increase in the drive tourism market by providing opportunities for low cost alternatives for travellers.

The proposed amendment is intended to encourage a part of the drive tourism market currently bypassing Mackay to stop in the region for short‐term and/or overnight stays. RV grounds are intended to cater to a different type of visitor seeking a low cost, no facility arrangement. Subsequently, RV grounds who have obtained the relevant approvals and permits provide a safer alternative for low‐cost travellers who may otherwise camp in unlawful locations.


No change made.

PS5.7 M8.11 Non‐commercial sites: reduce potential revenue from commercial sites, reduce additional expenditure, cost ratepayers in maintenance fees where Council

run.

Mackay Regional Council currently has no plans to establish any new RV grounds, Tourist parks or free camping areas. The intention is to allow the private sector to establish low cost RV grounds, in order to capture a sector of the RV market that is currently not well catered to within the Mackay Region.

No change made.

PS5.8 M9.4 Self‐contained RVs are not desirable guests, particularly when staying only for a single night as the cost to provide water to refill their tanks, process waste and garbage brought to the site outweighs any commercial benefit.

Noted.

The proposed amendment is intended to encourage a part of the drive tourism market currently bypassing Mackay to stop in the region for short‐term and/or overnight stays. RV grounds are intended to cater to a different type of visitor seeking a low cost, no facility arrangement. Subsequently, RV grounds who have obtained the relevant approvals and permits provide a safer alternative for low‐cost travellers who may otherwise camp in unlawful locations.

Mackay Regional Council provides existing dump points and water supply facilities for travellers and will continue to assess demand for these facilities into the future.

No change made.

PS5.9 M8.9 Caravan parks: Employ locals, purchase local goods, spend profits in

the region Encourage longer stays with more comfortable

facilities Act as visitor information centres and refer customers

to local businesses or other caravan parks if they are full.

Self‐contained RV grounds may establish with no or limited facilities and therefore may be provided at a low cost. These low‐cost grounds are intended to capture a segment of the market not currently staying at commercial tourist parks and not require the level of amenities and services these sites provide.

Visitors seeking a higher level of service and amenity will continue to stay with the existing tourist park providers in the region.

No change made.

OTH

ER ISSU

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L LA

WS

PS6.1 M2.11 M6.6 M7.20 M8.25 M9.20

Self‐contained RV grounds should be inspected for compliance in line with the requirements for Caravan parks.

Mackay Regional Council’s Subordinate Local Law for the Operation of a Caravan Park should apply, including the information required with an application for a caravan park under the local law.

A local laws permit will be required for every RV ground, the Subordinate Local Law will apply to both Tourist parks and RV grounds.

Further information will be released by Local Laws for RV ground requirements at a later stage.

No change made.

PS6.2 M2.11 Non‐commercial operators may not have appropriate licences and insurance to cover potential incidents.

Insurance is not a matter dealt with under the planning scheme. No change made.

PS6.3 M2.13 Concerns around self‐contained RV grounds operating as un‐registered businesses.

The registration of businesses for taxation purposes is not a matter dealt with by a Local Government or the planning scheme.

No change made.

PS6.4 M8.18 Concern that additional self‐contained RV grounds will require additional compliance resources.

Existing compliance activities are insufficient to prevent unapproved RV grounds from operating.

Asserts that stricter enforcement of no‐camping rules will benefit commercial operators.

Resourcing of departments is not a matter dealt with under the planning scheme.

Resourcing will continue to be reviewed by Council in line with any proposed service arrangements.

No change made.

PS6.5 M6.2 M6.8 M6.9 M7.1 M7.6 M7.16 M8.2 M8.15 M9.8 M14.2

Existing compliance of unapproved RV grounds inadequate.

If amendment proceeds, local laws will need to be more vigilant in patrolling and enforcing compliance to ensure the region remains compliant, safe and attractive to visiting guests.

Specific compliance issues raised if reduced regulations apply: • additional costs for the rate payer in terms of rubbish

removal, water usage, environmental issues, excessive number of vehicles per site;

• un‐staffed sites may result in an excessive number of people camping there, or if full, leaving the region;

• unmonitored guest behaviour could lead to damage to the environment.

All RV grounds should have to comply with the Subordinate Local Law for the operation of a caravan park and be assessed each year to ensure compliance.

One submitter expressed concern that non‐compliance may result in anti‐tourist sentiment.

Local Law Permits are not a matter dealt with under the planning scheme.

A local law permit will be required for every RV ground, the Subordinate Local Law will apply to both Tourist parks and RV grounds. Further information will be released by Local Laws for RV ground requirements at a later stage.

Local laws will need to assess each permit on a yearly basis and compliance will be conducted in line with standard practice in accordance with the planning scheme and local law requirements.

No change made.

OTH

ER ISSU

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TION

PS7.1 M7.11 M8.10 M9.12

The proposed amendment is inconsistent with the purpose of the Planning Act 2016. The introduction of a multi‐tiered regulatory process is not transparent and accountable and does not balance the economic or ecological wellbeing of businesses within the community.


The proposed amendment was subject to a statutory required State interest review and was approved by the Minister for State Development, Manufacturing, Infrastructure and Planning prior to commencement of public notification. As part of this process, the State confirmed that the proposed amendment integrated the State interests in the State Planning Policy – July 2017 and was consistent with the regulated requirements of the Planning Regulation 2017 and is in accordance with the purpose of the Planning Act 2016.

No change made.

PS7.2 M7.14 M8.23 M9.15

The proposed amendment is inconsistent with the State Planning Policy ‐ July 2017, because: the level of assessment for self‐contained RV grounds

is not proportionate to the risk having different levels of assessment for the same

type of development does not provide for reasonable,logical and fair development decisions supported by clear and transparent planning schemes.

varying levels of assessment under a single use definition being in conflict with the State Planning Policy – July 2017 requirement of being transparent and accountable

No change made.

PS7.3 M5.14 M7.21 M9.21

According to section 1.3.1(2) of the Mackay Region Planning Scheme 2017 (2) In the event a term has been assigned a meaning in more than one of the instruments listed in subsection 1.3.1(1), the meaning contained in the instrument highest on the list will prevail.

Development including RV grounds must be associated with either the Tourist park or Nature‐based tourism land use definition. Both definitions are currently included in the planning scheme as required by the Planning Regulation 2017. There is no conflict with the instruments.

No change made.

As the definition above is found in the Planning Regulation (which is the second instrument in subsection 1.3.1(1)), this definition must prevail.

OTH

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ERAL

PS8.1 M2.8 If self‐contained RV grounds do not provide facilities such

as fresh water, dump points and toilets, then RVs will need to empty their grey/blackwater tanks and refill with freshwater and this may occur in neighbouring Local Government Areas (LGAs). Will the cost to support these vehicles be passed onto nearby LGAs and their ratepayers?

Mackay Regional Council already provides existing dump points and water supply facilities for travellers and will continue to assess demand for these facilities into the future.

The proposed amendment does not prevent self‐contained vehicle users from travelling to other LGAs but does encourage them to stop in the Mackay Region and take advantage of existing facilities in Council’s serviced areas during their stay.

No changed made.

PS8.2 M2.9 To conserve water many self‐contained RV users utilise sanitary wipes. These are often improperly disposed of at dump points which cause significant repair / maintenance costs to Council and commercial parks.

Mackay Regional Council already provides existing dump points and water supply facilities for travellers and will continue to assess demand for these facilities into the future.

In response to this and other submissions, the proposed amendment has been changed to require onsite refuse facilities for all Nature‐based tourism (where for self‐contained RV grounds).

Change made in response to this and other submissions. Refer to issue PS4.4 for details of change.

PS8.3 M5.5 M8.6 M9.5

Concern that ratepayers will be responsible for costs associated with additional public facilities to support RV grounds (i.e. dump points).


Any future dump point facilities will be considered against a variety of criteria including anticipated usage, suitable locations within the sewer network, benefit to surrounding community, cost, environmental considerations etc.

No change made.

PS8.4 M8.8 M9.17

Concern that non self‐contained vehicles will use self‐contained RV grounds and this will result in negative environmental impacts due to the lack of toilets and dump points.

Matters of this nature are the responsibility of the operator and Council’s compliance department.

Toilet facilities are proposed to be required where an RV ground proposes to accommodate 11 or more self‐contained vehicles. However, this does not permit non self‐contained vehicles to use the RV grounds.

No change made.

PS8.5 M2.12 Will tourism data be collected from self‐contained RV grounds?

The collection of tourism data is not a matter dealt with under the planning scheme.

A local law permit will be required for every self‐contained RV ground. It is anticipated that these figures will contribute to local tourism data. Further, National Visitor Survey methodology completed by Tourism Research Australia includes randomly sampled people to be representative of the Australian population. Those who have stayed in self‐contained RV grounds would contribute to this research.

No change made.

PS8.6 M2.14 With recent NSW Transport providing an Industry Adjustment Package up to $250 million for the NSW taxi service, the erosion of government regulations requires careful consideration.

Noted. No change made.

PS8.7 M5.7 M7.5 M8.14 M9.6

The desire of the council to attract the 16% of travellers who will not stay in caravan parks is likely to jeopardise a part of the market that stay with existing Tourist parks.

Based on the fact the 34% of travellers will only stay in caravan parks and 50% switch between caravan parks and non‐commercial sites this changes has the potential to divert up to 58% of tourist site nights away from the individual businesses with the 50% of consumers that switch between caravan parks and non‐commercial sites choosing to go to a non‐commercial site over a commercial caravan park as the option is there for them.


Self‐contained RV grounds may establish with no or limited facilities and therefore may be provided at a low cost. These low‐cost grounds are intended to capture a segment of the market not currently staying at commercial caravan parks and not requiring the level of amenities and services these sites provide.


No change made.

PS8.8 M6.5 Support Council adding information centres and dump points in regional locations.

This will help: communities become more accessible and desired

stopover destinations; reduce illegal dumping of waste in small parks that

cannot afford to add dump points; and reduce dumping of waste in inappropriate locations

such as public toilets.


No change made.

PS8.9 M14.4 If Self‐contained RV grounds are allowed to establish, this would need to be accompanied by investment in experience‐based tourism. Such hand‐in‐hand investment would create experiences for free or low‐cost accommodation travellers to spend money on whilst in the region. This would ensure the increase in visitation from low cost accommodation travellers would equate to significant increases in overall visitor expenditure.

Noted.


No change made.

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