ACAT orders Brindabella Christian College to close car park, rip it up

Brindabella Christian College has been ordered to lock up its unapproved car park, demolish it and restore the site to its 2009 condition within 12 months unless it can obtain development approval to use the land.

The ACT Civil and Administrative Appeals Tribunal has issued its orders to enforce a Controlled Activity Order applied for by the Lyneham Community Association in its long-running dispute with the college over the now-sealed car park on public land that it operates as a sub-lease through Transport Canberra and City Services.

The LCA was forced to go to ACAT after the ACT Planning and Land Authority refused its application for a Controlled Activity Order, which argued that the college had, in effect, privatised the land next to Lyneham Oval and built the car park without development approval.

In a decision last month, ACAT found in the LCA’s favour and set out a range of orders to close the car park.

These went back to the parties – the college, LCA, TCCS and ACTPLA – for an agreed position, but they could not come to one.

When the parties returned to ACAT this week, the college attempted to have the case reopened but was refused.

Senior Member Michael Orlov ordered that from today (8 December), the college must not allow anyone to use the car park either for parking or to drop off and pick up school children (including children attending the early childhood learning centre) before, during or after school hours.

The college must demolish the car park and restore the site to its condition as at 30 June 2009 and will have 12 months to do so from 15 December.

But this is dependent on the college installing by 15 December a temporary fence or locked gate at the car park entrance to restrict vehicles entering from Brigalow Street.

The parties can apply with 21 days’ notice for an order varying the date on which the order for demolition and reinstatement comes into effect or varying the period within which the order must be complied with after it comes into effect.

The college can apply with 21 days’ notice for an order revoking the Controlled Activity Order in the event it obtains development approval for a car park or other approved use, or the development and use of the premises as a car park ceases to be a controlled activity.

ACAT found that the college built and used the 130-space car park without development approval in breach of the sub-lease.

Its November decision said that the verge crossing would also have to be demolished and the kerb and footpath reinstated before the start of the next school term in 2024, but the college has since argued that ACAT could not rule on this because the these were not included in the original application from the LCA.

The LCA did not challenge this, and there is no mention of the kerb and footpath in Mr Olov’s orders.

In November, ACAT said it was satisfied it was “in the public interest” to enforce a controlled activity order prohibiting the use of the land as a car park and drive-through access point.

It is yet to publish its reasons.

The row over the car park on a section of the Lyneham playing fields began in 2009 when it was established informally about the time the college built on its previous car park on school land.

Seven years later, the college sealed the car park.

Over the years, the LCA has fought a running battle with the college and various government agencies, culminating in the application for the Controlled Activity Order, which could be taken to ACAT for review when the government refused it.

LCA has always argued that the college should not be able to privatise public land that is urban open space, that the car park is unsafe, and that the school’s lack of transport planning contributes to traffic issues around the college and the nearby Lyneham Primary School.

The college and the government have said closing the car park will just turn cars out onto the street and make matters worse.