13 March 2023

Future of Bungendore High School's permanent home could come down to legal action

| Claire Fenwicke
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Bungendore High School students

Bungendore High School students have started the school year in demountables. Photo: Nichole Overall MP Facebook.

An independent review into the site selection of Bungendore High School could be on the cards if Labor wins the seat of Monaro and the party takes government.

However, the school could stay remain on its controversial site, depending on what happens with pending legal action.

If elected, Labor Monaro candidate Steve Whan said he’d make the site selection process public.

“There are so many unanswered questions about this, and the way it has been handled has caused such division and angst,” he said.

“The process has been appalling and the secrecy around the decision made [for the site] is unjustifiable.”

He pointed at the lack of transparency around how the final site for the permanent high school was chosen as the reason why it was causing such a rift in the Bungendore community.

“The government’s failure to be transparent and the decade-long delay in starting the project has created a division in Bungendore and has turned what should be a good news story into a source of community angst,” Mr Whan said.

“The problem is none of us knows the reason why the site was chosen, and none of the community knows those reasons either.

“People are saying quite nasty things to each other over this; if they could be given the reasons behind these decisions, people could say, ‘ok, I don’t like it’, but still understand why.”

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The Majara/Gibraltar Street precinct, which was ultimately chosen to host the school, has faced opposition from the outset, with the Queanbeyan-Palerang Regional Council (QPRC) originally supporting it in late 2020 when it was first proposed but backflipping on that decision in early 2022.

That’s after three-quarters of public submissions opposed the proposal in 2021, and action groups for and against the site were formed.

A new design was unveiled in mid-2022, while it was promised all the documents relating to site acquisition would be released in October 2022.

Issues over the site continued, with arguments over parking arrangements leading to further design changes.

Steve Whan

Labor Monaro candidate Steve Whan wants to make the site selection process for Bungendore High School public. Photo: Steve Whan Facebook.

Now that the high school students have started their year in demountables and site establishment works have been approved, the school could remain in its chosen spot regardless of who wins the seat of Monaro and the state election.

Mr Whan said all he wanted was to get students out of the demountables and into a permanent structure as quickly as possible.

“If the current government has done its homework properly, then the school’s likely to stay where they’re building it,” he said.

“I won’t be happy with the site particularly, but I probably won’t have much choice about it.

“Legal action has been taken … I can’t stop it, but if that action was likely to cause significant delays [to construction], the only way could be looking at somewhere else, so I can’t be definitive.”

Solicitors for the action group Save Bungendore Park have served letters on the Department of Education and the Planning Minister arguing the development consent for the school is “invalid”.

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Meanwhile, QPRC has received a Draft Deed of Agreement from the Department of Education seeking council’s permission to access Mick Sherd Oval to reposition field lighting, which is now located within the school grounds, install a public address system at the town’s war memorial, relocating the footpath from the eastern end to the western end, put up temporary fencing and making changes to the oval’s irrigation to move it from the school grounds to the playing field.

Council outlined all of these would be paid for by the state government, and it was expected this request would be granted with some minor tweaks.

Mick Sherd Oval has been booked by Bungendore High School to be used from 1 pm to 3 pm every Wednesday, while Bungendore Public School has reserved it from 11 am to 2 pm every school day during Term One.

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Greg Cameron7:30 am 24 Mar 23

The “Bungendore Park” site for Bungendore High School was classified as “unsuitable” in a government report dated March 2020.

The “Site Search Summary Report” was prepared by the “Development and Transactions” section of the Department of Planning, Industry and Environment. Extracts were published by Save Bungendore Park Inc. on February 10 2022.

The report shows that the Majara Street site selected by the Department is not the “Bungendore Park” site. The “Bungendore Park” site is delineated in a map showing all Crown land investigated

There were several iterations of the Majara Street site design in response to feedback from the community and Queanbeyan-Palerang Regional Council.

The Majara Street site was investigated after draft legal documents to purchase a privately-owned site were withdrawn due to the absence of essential infrastructure.

Debating the merit of one site over another serves little purpose because the respective state government agencies are the experts and discharge their responsibilities ethically, competently and efficiently.

The claim by Save Bungendore Park Inc. that the site chosen by the government is unsuitable is a matter between them and the respective agencies, which the group is now progressing in the Land and Environment Court, on a legal technicality.

In my opinion, the commitment that has been made by the state government to our region’s children is one that should be welcomed with open arms and not spurned.

Greg Cameron10:23 am 23 Mar 23

There is no reason to doubt Save Bungendore Park Inc. (SBP) when it says the Department of Education (DOE) provided a vendor with draft legal documents in 2020 to purchase a greenfield site for Bungendore High School.

DOE’s requirement is that land for a school must be “fully serviced with water, sewer, power, telecommunications, local traffic infrastructure (e.g. kerb and gutter, footpath, intersections, crossings, pedestrian pathways) and such other utilities and services infrastructure as is necessary for a school”.

The vendor proved unable to satisfy DOE’s requirement. The land is undeveloped. It will not be developed unless and until Queanbeyan-Palerang Regional Council provides a mains water supply.

SBP is taking legal action in the Land and Environment Court to stop Bungendore High School from being built on the Majara Street site, adjacent to Bungendore Park. The group wants the DOE to search for an alternative site knowing there can be no new site unless QPRC is able to provide mains water. There are no prospects of that occurring in the foreseeable future.

DOE is acting in the community interest by using Crown land for the new school.

SBP is harming the community by delaying the High School.

Greg Cameron8:00 am 22 Mar 23

A question for Ms Overall, Mr Whan and Ms Goldie:

Save Bungendore Park Inc. (SBP) claims that in 2020, the Department of Education withdrew from a contract negotiation to purchase a privately-owned site for Bungendore High School.

“The Government identified a suitable, privately-owned site,” SBP said.

“This report* shows that it put together a workable timetable towards opening in Term 1, 2023.

“That timetable was on track, with draft legal documents having been sent to the vendors.

“We know this from other records released by the Department of Planning.

“They identified a further five potentially suitable sites which might have been available if they couldn’t reach agreement to buy the site they originally chose,” SBP said.

The Department of Education’s criterion for “services/utilities” is that a site must be “fully serviced with water, sewer, power, telecommunications, local traffic infrastructure (e.g. kerb and gutter, footpath, intersections, crossings, pedestrian pathways) and such other utilities and services infrastructure as is necessary for a school”.

Will you please ask SBP whether any of the privately-owned sites has a mains water supply, or will obtain a mains water supply in the foreseeable future?

*”Development and Transactions, Department of Planning, Industry and Environment, Bungendore High School, Site Search Summary Report, March 2020”
https://www.facebook.com/savebungendorepark/posts/428412275734081

Greg Cameron10:46 am 21 Mar 23

A list of confidential Department of Education site selection criteria for Bungendore High School was published by Save Bungendore Park Inc. (SBP) on February 10 2022.

In the “services/utilities” category, the criterion is: “Fully serviced with water, sewer, power, telecommunications, local traffic infrastructure (e.g. kerb and gutter, footpath, intersections, crossings, pedestrian pathways) and such other utilities and services infrastructure as is necessary for a school.”

The High School site on Tarago Road supported by SBP fails to meet the services/utilities criterion.

The NSW government withdrew from a purchase agreement for a High School site, believed to be the Tarago Road site.

The Tarago Road residential land development has no mains water supply and will have none for the foreseeable future.

Any site that fails to provide required services/utilities infrastructure is unsuitable.

The Bungendore Park site, which is the focus of SBP’s opposition, was deemed unsuitable.

The Majara Street site was deemed suitable because it satisfied the selection criteria.

SBP is taking legal action to prevent the High School being built on the Majara Street site.

Will you acknowledge that a High School cannot be built on any site that fails to provide the required services/utilities infrastructure?

Does Labor support SBP’s legal action to stop Bungendore High School?

Greg Cameron2:09 pm 20 Mar 23

Save Bungendore Park Inc. commenced legal action on March 17 to stop construction of Bungendore High School on crown land deemed suitable for the school – the Majara Street site.

This legal action serves no purpose unless a privately-owned site is more suitable than the Majara Street site.

The Majara Street site is not the Bungendore Park site, which is deemed unsuitable.

Site assessment criteria and the ratings accorded seven crown-land sites were published by Save Bungendore Park Inc see

https://www.facebook.com/savebungendorepark/posts/428412275734081

Ratings of privately-owned sites against the selection criteria have not been published.

It is contrary to the public interest that the assessments given these privately-owned sites are commercial-in-confidence.

However, no site is suitable without mains water supply.

The site on Tarago Road nominated by Save Bungendore Park Inc. does not have a mains water supply and none will be installed in the foreseeable future.

It would be extremely disappointing if opposition to the Majara Street site is due to there being no mains water supply to privately-owned land.

Greg Cameron11:19 am 19 Mar 23

Mr Chris Minns MP
Leader of the Opposition

May I respectfully point out that Save Bungendore Park Inc. is explicitly threatening the local community with delayed construction of Bungendore High School “for years” by taking legal action against the state government?

Is this form of behaviour acceptable to Labor?

As advised yesterday, the group is seeking orders from the Land and Environment Court for the government to immediately cease construction activity on the Majara Street site selected by the Department of Education for the High School.

The Majara Street site is not the Bungendore Park site.

Save Bungendore Park Inc. makes reference to a greenfield residential land development site on Tarago Road as a suitable location for the High School. My understanding is this development project is being held-back due to lack of mains water supply.

At present, Queanbeyan-Palerang Regional Council (QPRC) is considering how to provide water supply to greenfield land developments in Bungendore, including at Tarago Road.

Save Bungendore Park Inc. wants to delay construction of a High School while provision of mains water supply for future real estate development is considered.

Will a Minns Labor government fund provision of mains water supply to greenfield residential land developments in Bungendore?

The Majara Street site is supported by QPRC.

On July 1 2022, https://www.qprc.nsw.gov.au/News-Media/Council-welcomes-progress-on-Bungendore-High-School QPRC said it was “pleased to see the NSW Department of Education making progress on the Bungendore High School project following the release of an updated design with updated artist impressions for the new school.”

“The revised design has taken consideration of feedback on the State Significant Development Application (SSDA) lodged by the Department of Education for the new school.

“We look forward to local students starting their new high school year in Bungendore in 2023,” said Mayor Winchester.

Greg Cameron1:38 pm 18 Mar 23

Save Bungendore Park Inc. wants the NSW government to build Bungendore High School on land that does not have a water supply.

The question is whether Labor supports this proposal.

A statement by Save Bungendore Park Inc. on March 17 2023 can be found at
https://www.facebook.com/savebungendorepark/

Greg Cameron9:38 am 18 Mar 23

Save Bungendore Park Inc. announced that it has commenced proceedings in the Land and Environment Court against the Minister for Planning and the Department of Education to prevent construction of Bungendore High School on the Majara Street site selected by the Department of Education.

The grounds for the proceedings are that the consent of the Minister for Crown Lands, on behalf of the Crown, was not obtained as required by law for the compulsory acquisition of the Majara Street site, which is Crown Land.

Will a Minns Labor government provide QPRC with the funding necessary to provide mains water supply to the greenfield land development site on Tarago Road to enable a high school to be built there?

Greg Cameron4:47 pm 17 Mar 23

There is no mains water supply to Bungendore’s greenfield development sites and there will be none in the foreseeable future. A detailed explanation of this position was published by the “Regional Independent” (“Lack of secure water supply places greenfield urban development in Bungendore in Limbo”, September 14 2022). A high school cannot be built on the greenfield development site at Tarago Road without a mains water supply.

A site for Bungendore High School was examined with the description “Site no.1 property id 23309980”. This site was deemed unsuitable at page 8 of “NSW Government, Planning Industry and Environment – Development and Transactions, Bungendore High School, Site Search, Summary Report, March 2020”. Site no.1 was the Bungendore Park site.

The Majara Street site is not the Bungendore Park site.

Greg Cameron2:10 pm 15 Mar 23

A spokesperson for Save Bungendore Park Inc, Ms Carolyn Cole, said the NSW Department of Education (DOE) had identified a site for Bungendore High School that was superior to the Majara Stret site.

Ms Cole said DOE deemed the Majara Street site unsuitable.

Ms Cole was speaking on ABC Radio on March 15.

DOE is able to set the record straight by confirming that the Majara Street site met 14 out of 15 standard criteria used by DOE for selecting a new high school.

DOE can confirm that a total of 11 sites were considered but only one, Majara Street, was satisfactory.

Greg Cameron6:05 pm 13 Mar 23

The Department of Education is acquiring Crown land for Bungendore High School through compulsory acquisition. The following exchanged occurred at the “Budget Estimates – Education” hearing on March 2 2022:

Mr DAVID SHOEBRIDGE: Why did you break off negotiations with the council and decide to go to compulsory acquisition? Is it because of the opposition of the council?

ANTHONY MANNING [Chief Executive, School Infrastructure NSW, Department of Education]: No. We did it because we were having a conversation with the council about the complexity of the land transfer, issues in terms of council administration and the problems around getting it valued. The agreement with council was that as we moved to compulsory acquisition that was a much cleaner, clearer way to deal with it and also gave us security around the site being delivered so we could progress with the development. It gave everybody clarity around what the value would be.

Greg Cameron6:34 pm 11 Mar 23

Who owns Crown Land?

The Crown? Manged through an agreement with the Australian Government?

Any chance we could also review the zoning for the high school? Not including parts of Carwoola, Primrose Valley, and Captains Flat is just crazy

Greg Cameron3:09 pm 10 Mar 23

Having participated in the public consultation program conducted by the Department of Education, I disagree with Mr Whan’s opinion. It’s easy to make unsubstantiated allegations that the Department acted improperly. The delay was caused by Queanbeyan-Palerang Regional Council opposing the Department to the extent that the Department was forced to compulsorily acquire Council land.

savebungendorepark2:30 pm 11 Mar 23

Greg, that’s not correct.

The compulsory acquisition process started in December 2021, after the DoE realised it could not legally acquire the Park or the Common any other way because they were Crown land. At the time, Council was still proceeding with negotiations.

Compulsory acquisition notices were served on 24 December 2021, over a month before QPRC voted to withdraw support on 27 January 2022.

Greg Cameron11:17 am 14 Mar 23

It is true that the compulsory acquisition notices were issued before QPRC formally resolved to oppose DOE’s choice of the Majara Street site.

savebungendorepark4:15 pm 14 Mar 23

Have a look at the QPRC Minutes of Public Forum from 27 April 2022. Question 7 sets out Council’s response.

“Council was happy to proceed with negotiations however the Department of Education decided to compulsorily acquire the land required for the school”.

Greg Cameron7:31 am 15 Mar 23

Have a look at the sworn testimony of Mr Manning on March 2 2022.

savebungendorepark10:00 am 15 Mar 23

Not sure what your point is? You said Council was to blame for delays and it was their fault that DoE used compulsory acquisition. That wasn’t true and Mr Manning’s testimony directly contradicts that in any case.

Greg Cameron12:13 pm 15 Mar 23

Mr DAVID SHOEBRIDGE: Why did you break off negotiations with the council and decide to go to compulsory acquisition? Is it because of the opposition of the council?

ANTHONY MANNING [Chief Executive, School Infrastructure NSW, Department of Education]: No. We did it because we were having a conversation with the council about the complexity of the land transfer, issues in terms of council administration and the problems around getting it valued. The agreement with council was that as we moved to compulsory acquisition that was a much cleaner, clearer way to deal with it and also gave us security around the site being delivered so we could progress with the development. It gave everybody clarity around what the value would be.

Greg Cameron12:30 pm 15 Mar 23

Having agreed to compulsory acquisition in December 2021, Council resolved to oppose any acquisition in January 2022.

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