Agenda - Byron Shire Council - NSW Government

BYRON SHIRE COUNCIL
ORDINARY MEETING 9 MAY 2013 (22)
operation of caravan park and camping ground activities, and application fees are paid in
accordance with Councils’ adopted fees and charges.
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The process of assessing and determining applications is regulated under Chapter 7 Part 1 of the
Local Government Act 1993. Part of the consideration of such applications involves the auditing of
compliance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping
Grounds and Moveable Dwellings) Regulation 2005 (the Regulation).
Once it had been determined that the application represented the actual site activities, and
satisfies the requirements of the Regulation, then an approval is granted.
Development consent necessary for the conducting of caravan park activities on any land is
considered as part of the application under the Local Government Act 1993. As Council did not
obtain development consent for the expansion of caravan park activities outside the various
allotment boundaries under its control, prior to the Crown taking control in 2007, then it is now a
requirement that the Crown restore compliance. The Crown has more options available to restore
compliance in relation to the Brunswick Heads Crown Reserve caravan parks.
Under the State Environmental Planning Policy (Infrastructure) 2007 - Division 12 - Parks and
other public reserves 2(d) the following development is permitted without development consent.
(2) Development for any purpose may be carried out without consent:
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(d) in the case of land that is a reserve within the meaning of Part 5 of the Crown
Lands Act 1989, by or on behalf of the Director-General of the Department of
Lands, a trustee of the reserve or (if appointed under that Act to manage the
reserve) the Ministerial Corporation constituted under that Act or an
administrator,
if the development is for the purposes of implementing a plan of management adopted for
the land under the Act referred to above in relation to the land.
Existing use rights under Division "Existing Uses" should not apply where merely because the
development is there which is also confirmed in section 109A of the Environmental Planning and
Assessment Act 1979.
109A Uses unlawfully commenced
(1) The use of a building, work or land which was unlawfully commenced is not
rendered lawful by the occurrence of any subsequent event except:
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(a) the commencement of an environmental planning instrument which
permits the use without the necessity for consent under this Act being
obtained therefore, or
(b) the granting of development consent to that use.
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An application under Section 68 of the Local Government Act and the Local Government (General)
Regulation 2005 (specifically clause 5) nominates that Local Government (Manufactured Home
Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 is to be
regulation used for the assessment of any approval to operate a Manufactured Home Estate,
Caravan Park and/or Camping Ground.
Under the Crown Lands Act 1989 Section 81 ‘Addition to dedicated land’ can occur by:
(1) The Minister may, by notification in the Gazette, add Crown land to any land
dedicated under this Act.
Ordinary Meeting Agenda 09/05/13