Mount Gambier Showground caravan plan ‘inaccurately described’ but upheld in court

A legal dispute over a “misleading” plan to open additional caravan sites at the Mount Gambier Showgrounds has had its day in court.

The Mount Gambier Showgrounds is one step closer to expanding its caravan facilities after a legal battle with a South East holiday park owner.

Pine Country Caravan Park owner Nathan Seal launched an appeal against Mount Gambier Council’s decision to allow the Mount Gambier Agricultural and Horticultural Society to create 22 camping sites in addition to the eight already approved, in a 12-month trial.

The council’s assessment panel granted planning consent for the temporary plan in April 2020, despite rejecting a similar application in February 2019 saying it would be “detrimental” to the site.

Emma Vorwerk and Nathan Seal from Pine Country Caravan Park. Picture: Jessica Ball

Last month, the Environment, Resources and Development Court Commissioner Alan Rumsby held the appeal for the limited purposes of varying the proposal plan and conditions of approval.

A Mount Gambier Council spokesperson said its decision had been upheld.

“The court has issued temporary planning approval (subject to the 14 conditions), however The A & H Society still need to lodge an application to council for Building Rules Consent and full development approval before they can commence use of the 22 additional caravan park sites under this approval,” the spokesperson said.

The Mount Gambier showgrounds.

“At this stage council is unable to make comment on what it means for the city in a broader sense as we are unable to speak in favour and/or against a matter still subject to development approval.”

In documents previously lodged with the court, Mr Seal said the trial would essentially turn the showgrounds into a commercial caravan park, with room for motorhomes, campervans, caravans and tents.

According to the court judgment he argued the proposal was misleading and labelled as a trial in a ruse to encourage approval of the same scheme refused 14 months earlier.

“(Mr Seal) submitted that it was misleading to represent the proposal (to the CAP) as being, essentially, an RV Park for campers with self-contained vehicles – and hence appealing to a different market from traditional caravan parks,” the judgment read.

The entrance to the showgrounds.

“He said … the camping ground was not to be restricted to self-contained vehicles and that the proposal was not an RV Park but, in reality, a caravan park of poor standard.”

His legal challenge also questioned why the council’s now former chief executive, Andrew Meddle, recommended the new application be approved, rather than a qualified planner.

“He observed, in this respect, that, unlike the normal practice, the staff report to the CAP was authored by the council Chief Executive Officer and not a planner from the planning department,” the judgment read.”

His concerns were heightened by the explanation given in the CEO’s report as to why the CAP should adopt and support this proposal when it had, some 14 months earlier, refused an almost identical proposal.”

Commissioner Rumsby decided the project had been “inaccurately described” and the term ‘self-contained’ was misleading.

Opponents say the showgrounds appeal to more than just self-contained RV drivers.

While the council described the application as “camping sites for self-contained RVs, self-contained caravans and self-contained campers”, the sites would be available to all RVs and caravans with access to the camping ground’s established amenities but camper trailers and tents would be excluded.

“Being an extension to an existing use and longstanding activity at the Showgrounds it merits consideration,” Commissioner Rumsby said.

“It is not disorderly or prejudicial to the delivery of tourist accommodation.

“The 22 camp sites approved are not to be used by patrons using tents or camper trailers.”

During the proceedings Commissioner Rumsby also sought an accurate, to-scale, site plan which satisfactorily dealt with fire separation, landscape and fencing issues.

Mr Seal and the Mount Gambier Showgrounds declined to comment on the appeal.