Kershaw Gardens.
Kershaw Gardens. Allan Reinikka ROK010818akershaw

Council tells court Kershaw Gardens not used by holidayers

ROCKHAMPTON council's lawyers have claimed holiday makers do not use a city park that allows overnight camping.

Caravan Parks Queensland has taken the council to Brisbane Planning and Environment Court over the council allowing up to two-day stays at the Kershaw Gardens overnight carpark.

The industry body claims the camping area was set up in breach of the council's planning scheme and the planning act and there had been improper use of the area since 2014.

The council's barrister Nicholas Loos said, unlike commercial caravan parks, Kershaw Gardens did not have amenities like washing or barbecue facilities. Mr Loos said due to this people would not go "on holiday" to Kershaw Park but it was instead a "rest area" for travellers.

But CPQ witness Steven Reynolds, a Brisbane-based town planner, said many people went on travelling holidays and did not stay at a facility for amenities.

"There also a notion of a holiday that doesn't involve staying put," he said.

"My presumption is that they are all having some kind of a holiday. I'd be very surprised to see them carrying out some kind of business."

Mr Loos said he and Mr Reynolds disagreed on whether a holiday maker would stay only overnight. He said Kershaw Park was a rest area not a camping area.

"People in the stay over area, they pause to rest, they can talk a walk in the park in the evening or the early morning before they continue their journey," he said.

The council's town planner witness Gregory Overden said many people who stayed in the park had travelled long distances and used the park, and nearby North Rockhampton shopping centre, to stretch their legs before sleeping and leaving early the next day.

The hearing is expected to conclude on Tuesday. -NewsRegional


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