Chapter C2: Manufactured Home Estates and Caravan Parks

1 - Introduction

1.1 Scope of this Chapter

This chapter applies specifically to the following uses:

Caravan Parks; and
Manufactured Home Estates.

These terms are defined in Kempsey LEP 2013 and SEPP No.36 - Manufactured Home Estates.

1.2 Relationship to Other Chapters of this DCP

The provisions of this Chapter override the provisions of any other Chapter of this DCP, to the extent of any inconsistency.

2 - Chapter Objectives

The objectives of this Chapter are:

To provide guidelines for the acceptable siting and design of caravan parks intended for long-term occupation and Manufactured Home Estates, in order to ensure that amenity available to long-term residents is consistent with that of other residents within the Shire.
To augment the requirements with respect to those of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, in order to ensure that all local issues are taken into consideration.
To ensure that parks are developed in consideration of the prevailing ecological and social conditions of the Shire.
To recognize caravan parks and Manufacture Homes Estates as viable housing alternatives.
To promote a high quality living environment through the implementation of physical design standards.
To ensure that developments are adequately serviced with respect to community and recreational facilities.
To maintain adequate public access to existing and future public open space.
To ensure that sufficient and efficient vehicle access and car parking is provided to developments.

3 - Relationship to other Environmental Planning Instruments and Local Government Regulation

This chapter has been prepared to be consistent with the aims, objectives and provisions of:

State Environmental Planning Policy No. 21 - Caravan Parks;
State Environmental Planning Policy No. 36 - Manufactured Home Estates; and
Kempsey Local Environmental Plan 2013.

The provisions of any of the above Environmental Planning instruments shall prevail to the extent of any inconsistency with the provisions contained in this chapter.

In addition to development consent, caravan parks and manufactured home estates require separate approval to operate in accordance with Section 68 of the Local Government Act 1993. An application to operate will be assessed against the design and operational requirements as provided in Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

The Section 68 approval lapses after 5 years (or shorter or longer time as Council may set). Consequently, the Section 68 approval will require periodic renewal of extension to allow the caravan park or camping ground to continue operating.

Provisions for the development and operation of caravan parks and camping grounds are contained in the Local Government Act 1993 and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005. These provisions relate to licensing, period of residence, land and site requirements including setbacks, services, parking and roadways, amenities and other facilities, unregisterable movable dwellings and other matters. Relocatable Homes are regulated by SEPP36 - Manufactured Home Estates.

Both development consent and an approval to operate are still required for temporary caravan parks or camping grounds (ie for a period up to 6 weeks during an event), but they are not subject to the operating requirements of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

4 - Development Requirements

4.1 Location Requirements

Desired Outcomes

DO1 - Caravan Parks and Manufactured Home Estates are located in areas that avoid visually and environmentally sensitive areas and physical constraints.

DO2 - Caravan Parks and Manufactured Home Estates are located in areas that:

Are reasonably accessible to shops; and
Generally comply with the location requirements of related legislation.

Development Requirements

Land used for the development of caravan parks and Manufactured Home Estates should avoid sites exhibiting the following characteristics:
1. Visually or environmentally sensitive land which may include wetlands, littoral rainforests, foreshores, foredunes, headlands, or major ridgelines.
2. Land subject to flooding, tidal inundation, land slip or bushfires.
3. Steep land generally in excess of 10%.
4. Land exposed to high winds (see figure 1).
5. Caravan Parks or Manufactured Home Estates are to be located within easy walking distance of shops and public transport with distances generally not to exceed 800 metres.
6. Any location requirements contained in:
  - State Environmental Planning Policy 21 - Caravan Parks; and/or
  - State Environmental Planning Policy 36 - Manufactured Home Estates.

Note: SEPP21 and SEPP36 include exclusions to do with flooding, environmental protection zones and scenic protection zones.

Figure C2-1: Location Considerations

4.2 Design for Social Considerations

Desired Outcomes

DO1 - Development has adequate regard to adjoining land uses.

Development Requirements

Development Applications are to demonstrate regard for the following social considerations:
1. Caravan Parks or Manufactured Home Estates are to be designed so as to compliment and enhance the existing landscape character of the locality.
2. Caravan Parks or Manufactured Home Estates are to be compatible with adjoining land uses and avoid adjacent uses which may include industries or high density residential developments.
3. Development proposals are to clearly demonstrate reasonable regard for the amenity of adjoining residents.
4. Where developments adjoin existing and potential public open space or foreshore areas, provision is to be made for legal public access in a manner which ensures the privacy and amenity of future site occupants.

4.3 Utilities

Desired Outcomes

DO1 - Development is serviced with the necessary utilities.

Development Requirements

Caravan Parks or Manufactured Home Estates are to be fully serviced with town water, sewer, electricity and telephones at no cost to Council

4.4 Minimum Land Requirement

Desired Outcomes

DO1 - The development is located on a site with adequate area to accommodate all the components of the use, including vehicle parking, ablutions and recreation areas.

Development Requirements

Caravan Parks or Manufactured Home Estates are to have a minimum area of 1 hectare.
Of the total land area of the Caravan Park or Manufactured Home Estate, the following area must be reserved for recreation or other communal activities:
1. At least 10 per cent; or
2. Such lesser proportion (but not less than 6 per cent) as determined appropriate by Council based on justification supplied by the applicant that the lesser amount of recreation area is sufficient to satisfy the needs of the occupants.

4.5 Minimum Site Requirements - Caravan Parks

Desired Outcomes

DO1 - Sufficient area is provided for each individual moveable dwelling site to accommodate the expected range of moveable dwellings.

DO2 - The individual site area of each moveable dwelling site is sufficient to mitigate amenity impacts between moveable dwelling sites.

Development Requirements

The minimum site requirements for a moveable dwelling shall be:
1. 80m² for a long-term site;
2. 65m² for a short-term site;
3. 40m² for a camp site where a separate car parking space is provided within 30m of the camp site; and
4. 50m² for a camp site where a separate parking space is not provided within 30m of the camp site.
A range of site sizes for movable dwellings are to be provided in the caravan park.
A dwelling site must have vehicular access to an access road.
A building envelope is to be identified within each movable dwelling site. The building envelope is to accommodate a range of mobile home sizes from 15m² to 90m².
The following features are to be provided within each moveable dwelling site and outside of the nominated building envelope:
1. A minimum of one (1) concrete car space with minimum dimensions of 3.0 metres x 5.4 metres to allow for the erection of a carport.
2. A concrete or paved entrance way with connecting pathway.
3. An outdoor living area not less than 3 metres x 3 metres with reasonable access to sunshine and privacy.
The separation between building envelopes of adjacent moveable dwelling sites is to be a minimum of:
1. 3m, if it is situated on a long-term site; or
2. 2.5m, if it is situated on a short-term site or camp site.

4.6 Minimum Site Requirements - Manufactured Home Estates

Desired Outcomes

DO1 - Sufficient area is provided for each individual manufactured home site to accommodate the expected range of manufactured homes.

DO2 - The individual site area of each manufactured home site is sufficient to mitigate amenity impacts between manufactured home sites.

Development Requirements

The minimum size of a manufactured home site shall be 130m².
The dwelling site must have access to an access road.
Building envelopes are to be identified for a range of manufactured home sizes.
Where subdivision is proposed, building envelopes are to be incorporated into the title of each site.

4.7 Setbacks

Desired Outcomes

DO1 - Setbacks between moveable dwelling sites are provided to ensure that the residential amenity within the moveable dwellings will be acceptable.

Development Requirements

The following setbacks shall be provided to movable dwelling sites in Caravan Parks and Manufactured Home Estates:

Internal roads (including carspaces)
1. 2.5 metres to minor access roads; and
2. 1.5 metres to major access roads.
Side boundaries - 3.0 metres.
Rear boundaries - 3.0 metres.
A moveable dwelling must not be installed closer to any other moveable dwelling than:
1. 3 metres, if it is situated on a long-term site; or
2. 2.5 metres, if it is situated on a short-term site or camp site.
Amenities Block - 10 metres, which may be reduced to 5 metres where adequate screen planting is provided.

4.8 Buffer Areas

Desired Outcomes

DO1 - Setbacks/buffers between movable dwelling sites and adjoining properties are sufficient to mitigate the visual, privacy and noise impacts of the development to adjoining properties to a satisfactory level.

DO2 - Setbacks/buffers along the property frontage are sufficient to mitigate the visual impacts of the development on the streetscape.

Development Requirements

A buffer strip 4.5 metres wide shall be provided to all peripheral areas excluding principle road frontages for which a minimum of 10 metres shall be provided.
Notwithstanding this provision, the setback of sites to peripheral boundaries (excluding principle road frontages) may be reduced to 3 metres where the average setback to sites on any particular boundary is 4 metres.

4.9 Landscaping

Desired Outcomes

DO1 - Landscaping of the development:

Utilises endemic species which are appropriate for the intended purpose;
Water efficient;
Provides adequate screening to ensure the privacy of residents within the development and on adjoining sites is preserved to a reasonable level;
Provides shade in strategic locations;
Blends the development into the streetscape and neighbourhood; and
Provides a green garden setting within the development.

DO2 - The relevant Desired Outcomes and Development Requirements contained in Chapter B9 - Landscaping are satisfied.

DO3 - The removal of trees and vegetation is undertaken in accordance with Chapter B10 - Tree Preservation and Vegetation Management.

Development Requirements

Development Applications shall be accompanied by a landscaping plan complying with the requirements of Section 4.1 of Chapter B9 - Landscaping, which incorporates the following features:
1. All existing trees are to be located by survey and identified on the submitted plans.
2. Wherever possible, existing trees are to be retained.
3. Species should compliment those naturally occurring in the area.
4. Landscaping shall enhance the natural features of the site and adjoining areas.
5. Provision is to be made for adequate screen planting between allotments and may incorporate the use of trellises.
6. Peripheral buffer areas are to be landscaped to provide adequate privacy for residents within and adjoining the park.
7. Landscaping shall be applied to ameliorate prevailing local adverse weather conditions.
8. Provision of shade trees for residents at a reasonable rate.
9. Carparking areas are to be landscaped so as to reduce the effect of car headlights on any dwelling.
10. Landscaping of setbacks fronting internal carriageways is to include species with a potential height of not greater than 1 metre.
11. Delineation of sites should be achieved by means other than fencing.
12. All landscaping is to be completed and maintained in accordance with the approved landscaping plans prior to the granting of a Section 68 approval to operate the caravan park or manufactured home estate.

4.10 Road Design - Park Layout

Desired Outcomes

DO1 - The road layout within Caravan Parks and Manufactured Home Estates:

Provides for a flow of traffic through the development with least disruption and least impacts on safety;
Provides a network of safe pedestrian paths and cycle paths; and
Provide sufficient turning areas for caravans and large vehicles to access designated moveable dwelling sites.

DO2 - Roads are designed and constructed generally in accordance with Council’s Engineering Guidelines for Subdivision and Development, subject to the following development requirements.

Development Requirements

Both Caravan Parks and Manufactured Home Estates shall achieve the following standards and objectives with respect to road design:

Provision shall be made for a traffic circulation pattern which is primarily one way. The direction of travel for a one-way access road must be indicated by means of conspicuous signs.
All roads for 2-way traffic movement must be designed to meet the requirements of a major access road.
The width of the road reserve must be:
- At least 8.5 metres for a major access road; and
- At least 6 metres for a minor access road.
  
  Where no formal road reserve will be provided in caravan parks, the minimum width of the road reserve is to be applied as the minimum distance between the boundaries of movable dwelling sites located on opposite sides of the access road.
The width of the sealed portion of an access road must be:
- At least 6 metres for a major access road; and
- At least 4 metres for a minor access road.
If a minor access road exceeds 80 metres in length, a passing bay or bays must be provided within the road reserve.
Passing bays must be provided at intervals of not more than 100 metres for both major and minor access roads.
The width of the sealed portion of an access road at any point at which there is a passing or parking bay must be:
- At least 8.5 metres for a major access road; and
- At least 6 metres for a minor access road.
Entrance and exit roads:
- Must be at least 8.5 metres wide; or
- In the case of a divided road, the width of the sealed portion of the road on either side of the median strip must be at least 5 metres wide; and
- Include satisfactory tapers to the width of internal roads.
Road design shall have regard for the physical constraints of the site and avoid the need for excessive earth moving and vegetation loss.
Development Applications are to be accompanied by a topographic survey plan prepared by a registered surveyor indicating existing contours, vegetation and other important natural features.
Road layouts are to avoid potential conflict between vehicles and pedestrians.
All internal roads and visitor parking shall be of an all-weather sealed finish.
Where caravan parks adjoin existing or likely future public reserves, provision shall be made for legal access in a manner which protects the privacy of park residents.

Caravan parks shall achieve the following standards and objectives with respect to road design, in addition to the above requirements:

A road that provides access to not more than 30 sites may be designed to achieve the requirements of a minor access road.
A road that provides access to more than 30 sites must be designed to achieve the requirements of a major access road.
Caravan parks are to provide a forecourt holding area for the temporary parking of incoming vehicles and movable dwellings with an area of not less than 4 metres x 20 metres.

4.11 Car Parking - Caravan Parks

Desired Outcomes

DO1 - Car parking is provided in accordance with the relevant requirements of Chapter B2 - Parking, Access and Traffic Management.

DO2 - Sufficient and convenient temporary resident, long-term resident, staff, disabled and visitor parking spaces are provided to service the projected needs of the Caravan Park.

DO3 - The surface of car parking areas minimises long term maintenance requirements.

Development Requirements

Carparking shall be provided at the rate of 1 space per site plus 1 visitor space per 10 sites.
Carspaces on each site shall be a minimum of 5.4 metres x 3.0 metres.
Carspaces and driveways on each site are to be concrete paved.
Visitor carparking is to be provided at the rate of 1 space per 10 long-term sites, or part thereof.
Visitor carparking is to be provided at a rate of 1 space per 20 short-term sites, or part thereof.
Visitor carparking is to be provided at a rate of 1 space per 40 camp sites, or part thereof.
Visitor carparking is to be located so as to afford reasonable access to each site.
Visitor carparking is to be located so as to minimize disturbance to individual sites.
Provision is to be made for adequate sign posting indicating the location of visitor carparking.
Visitor parking for people with disabilities is to be provided in accordance with the following:
1. The caravan park or camping ground is to contain a minimum of one visitor parking space for people with disabilities;
2. A caravan park or camping ground that contains more than 100 sites must contain at least one visitor parking space for people with disabilities for each 100 sites or fraction of 100 sites;
3. Such parking is to be provided in accordance with AS/NZS 2890.6 - 2004: Parking facilities - Off Street Parking for People with Disabilities;
4. Visitor parking spaces for people with disabilities must be clearly identified as such; and
5. Visitor parking spaces for people with disabilities are to be included when calculating the overall number of visitor parking spaces for the caravan site.

4.12 Car Parking - Manufactured Home Estates

Desired Outcomes

DO1 - Car parking is provided in accordance with the relevant requirements of Chapter B2 - Parking, Access and Traffic Management.

DO2 - Sufficient and convenient temporary resident, long-term resident, staff, disabled and visitor parking spaces are provided to service the projected needs of the Manufactured Home Estate.

DO3 - The surface of car parking areas minimises long term maintenance requirements.

Development Requirements

Carparking shall be provided at the rate of 1 space per site.
Parking spaces provided on residential sites shall be a minimum of 5.4 metres x 3.0 metres.
Visitor spaces shall be a minimum of 5.4 metres x 2.5 metres in the case of angle parking and 6.1 metres x 2.5 metres in any other case.
Car spaces and driveways on each site are to be concrete paved.
Visitor parking is to be provided at the minimum rate indicated in the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 as follows:

Table C2-1: Visitor Car Parking Rate
Number of Sites	Parking Requirement
Estates containing not more than 35 sites	8 spaces
Estates containing 36 to 70 sites	12 spaces
Estates containing 71 to 105 sites	16 spaces
Estates containing 106 + sites	20 spaces plus 1 space per 7 sites in excess of 140 sites

4.13 Open Space

Desired Outcomes

DO1 - Sufficient usable open space is provided within the development to service the outdoor recreation needs of users of the development.

Development Requirements

Open space shall be provided within each Caravan Park or Manufactured Home Estate at the minimum rate of 10% of the total area.
Land identified for open space purposes should be developable for such purposes and should not include permanently inundated land or any land containing sensitive landforms.
Land identified for communal facilities (excluding storage areas) may be considered as open space.
Open space shall be provided in a manner which is equally accessible to all sites.
In the case where sufficient open space has not been provided on site to meet the above requirements, the difference between 10% of the total site area and the amount of open space provided on site will attract the payment of contributions in accordance with any of Council’s Section 94 Contribution Plans requiring contributions for open space.

4.14 Minimum Facilities - Caravan Parks

Desired Outcomes

DO1 - Suitable indoor or outdoor recreation facilities, commensurate with the location attributes and size of the development, are provided.

Development Requirements

Each Caravan Park shall make provision for the following facilities:

Children’s playground with equipment catering for a range of children’s ages. Notwithstanding this provision, consideration will be given to deleting this requirement where such a facility exists within 200 metres of the park or estate and is so sited as to allow safe access by children.
Where the Caravan Park is located on the foreshore of the coast or a waterway, a storage compound suitably secured containing sufficient lockable storage facilities for each site and space for the parking and maneuvering of boats at the rate of 1 space per 10 sites.
A community building designed to function as a multipurpose centre appropriate to the size of the park including a kitchen and indoor recreation area.
The provisions of recreational facilities such as swimming pools and tennis courts is encouraged and may offset against the open space requirements.