3 February 2023

Residents fume at government response to College car park entry concerns

| Ian Bushnell
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children crossing outside Brindabella Christian College

No solution: the new green strip does not seem to be working. Photo: Kate Bradney.

The government response to residents’ concerns about an inner north private school’s contentious car park has left them frustrated and fearing for their children’s safety.

Brindabella Christian College’s apparent normalisation of the ad hoc car park on public land in Lyneham has long been contested by the Lyneham Community Association.

Last year it launched a Legislative Assembly petition over safety concerns about the driveway off Brigalow Street, which schoolchildren cross each day.

It sought a Traffic Impact Assessment (TIA) of the pedestrian crossing and car park development to find a solution to the problem that gave precedence to pedestrians and cyclists.

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Association committee member Kate Bradney said the petition attracted 613 signatures, but the government ignored it, opting for a green strip marked with pedestrian and cyclist icons to alert drivers.

Just one week into the school term, Ms Bradney said that it was clear this was no solution.

“The modifications haven’t reduced the danger to kids, who still need to weave through traffic, with reduced visibility, and facing the risk of distracted drivers,” she said.

“The community is desperate for the conflict between cars and kids to be removed before a kid is hit here, and the solution of a coat of green paint clearly isn’t enough.”

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Ms Bradney said Transport Canberra and City Services didn’t conduct any review or analysis of the dangers, and the driveway entrance continued to give clear precedence to the convenience of cars over the safety of children walking on the footpath, in contradiction of the TCCS Transport Impact Assessment Guidelines (section 5.11).

She said TCCS planned a Traffic Impact Assessment of the wider area in the future, but not of the car park design and development itself.

To cap it all, the ACT Government paid for the modifications despite TCCS Transport Impact Assessment Guidelines saying that modifications to ensure safe active travel should be at the developer’s expense.

Ms Bradney became involved in the issue after witnessing near misses and being bumped herself at the car park entry and exit, which she said was poorly designed and dangerous.

She said cars cross to drop off and pick up school children at the same time as Lyneham Primary School students were making their way along the footpath.

The community association has always contended that the school built and enhanced the car park for its own use without a development application or adherence to the normal codes and standards for such a structure.

In a bid to elevate the matter to the ACT Civil and Administrative Tribunal to finally get a ruling, the LCA in December submitted a Controlled Activity Order about the car park being constructed without a development application or DA exemption and is waiting for a response.

Brindabella Christian College car park

The Brindabella Christian College car park has never been formalised. Photo: Region.

The community association says the design of the car park puts vulnerable active travel road users at risk, including children attending other schools in the area, and degrades a protected community urban open space.

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

The community association says that in late 2016 the school sealed the car park despite the planning authority rejecting a request earlier in the year for a direct sale of the land to complete the project, advising that a Territory Plan Variation would be required and that the development would be in breach of the Planning and Development Act.

The government said the car park had evolved over time from people using the playing fields, remained a public car park despite signage and allotted spaces to BCC staff, and that TCCS had granted a sublease over the public land to the school to “use a portion of land within Block 23 for car parking ancillary to the outdoor sports facility”.

But Ms Bradney said last year that government responses on the matter had been contradictory and there was ample evidence that the school was behind the car park from the start and sealed it in defiance of the planning authority.

“Whatever happens in the future for our situation, it’s going to set a precedent for other public land,” she said.

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Last year Brindabella Christian College board chairman Greg Zwajgenberg welcomed the Lyneham Community Association’s bid to resolve the situation in ACAT.

“Any move to now seek resolution in ACAT will fully assist us in our desire to purchase the land in question to formalise our car park with more permanent surfacing, which should have occurred years ago,” he told Region.

In 2015, the school proposed to develop the oval for a sports and performing arts complex with shared parking and a Kiss & Drop area, but it did not proceed after community opposition.

Mr Zwajgenberg said the design would have absorbed the car park and straightened out the doglegs in the footpath.

“This is still the best community option,” he said.

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Stephen Sherlock11:45 am 25 Aug 23

Now this private school is blocking public traffic during the mornings, using their own stop/go sign to give priority to the cars entering their private property.

lynehamlover10:07 pm 05 Feb 23

The use of this block for a car park to serve a different block is prohibited by the Development Table in the PRZ1 Urban Open Space Zone.

The ACT Government has repeatedly acknowledged it as the Brindabella Christian College carpark.

If the ACT Government knows the car park is dangerous, and prohibited on the site, why haven’t they shut it down or taken legal action.

lynehamlover9:46 pm 05 Feb 23

Just also wanna say jabronis that the use of this block for a car park to serve a different block is prohibited by the Development Table in the PRZ1 Urban Open Space Zone.

The ACT Government has repeatedly acknowledged it as the Brindabella Christian College carpark.

If the ACT Government knows the car park is dangerous, and prohibited on the site, why haven’t they shut it down or taken legal action.

lynehamlover9:39 pm 05 Feb 23

Total shenanigans if the ACT Government are trying to say it evolved over time from visitors to the playing fields. Nope. Like the article says it was established in 2009, when the school moved its carpark from an onsite carpark to the adjacent oval. Prior to 2009, it was a functioning oval, with, you guessed it, zero cars.

Kate Bradney12:17 am 05 Feb 23

Jack D, you did kinda get to the crux of the issue:

“The school has built and enhanced the (not and never public) car park for its own use without a development application or adherence to the normal processes for such a structure”.

Because it didn’t ever go through the correct development assessment channels, the car park design is incredibly dangerous, putting kids at significant risk who walking on Brigalow st footpath to the public school a few hundred metres up the road.

In addition, the car park isn’t permitted on the protected public land, it degrades urban open green space, that’s actually highly protected, with a PE: Overly and reserved under s315 of the Planning and Development ACT similar to ACT national parks and wilderness reserves! (Related to the territory plan variation stuff you mentioned!)

Members of the Lyneham community have been pleading with ACT Government to investigate and take action on the car park for years, for the sake of keeping kids safe, and protecting green open space public land.

There is a reason the ACT government has procedures and legislation for developments, and it’s to keep the community safe and protect the environment.

Fingers crossed the ACT Government step up and take action against this car park, to keep kids safe and to protect the environment and public land, and don’t brush this under the rug or scratch developers backs!

Or failing that, hopefully David Pocock will run an ACT party in the 2024 ACT general election.

Kate Bradney11:53 pm 04 Feb 23

To clear up any ambiguity. The car park was created in 2009, by the private school, and never existed, even informally before then.

The BCC secured a sub-lease of the public land for the purpose of an “Outdoor sports facility and ancillary thereto car parking”.

When they commenced the sub-lease they started to park cars on the oval and created an informal dirt carpark, moving their school car park to the oval.

This freed up room for the BCC to expand and build school buildings on top of their old on-site car park, and their old carpark driveway.

They had the intention of one day developing the Sports facilities and thereto parking, but they didn’t ever develop the sporting facility, after community outcry, some controversy, and the ACT Gov withdrawing support for the DA.

They made several attempts to secure the land to develop their school car park (eg a direct sale attempt, and seeking a DA exemption). They didn’t receive permission, but went ahead and sealed it any way.

It’s important to add to the record that no one who visits the Lyneham Neighbourhood Oval parks in the BCC carpark. And they never have. Visitors park in the public “Lyneham Sports ground” carpark (block 21). It was created in 1970s, and has adequately serviced visitors to this day.

There is NO history, prior to Brindabella creating the dirt car park in 2009, of cars parking on top of the Lyneham Neighbourhood Oval.

This is evidenced by extensive aerial imagery, and ACT FOI released documents, and public commentary surrounding the BCCs creation of using the oval for car parking.

The car park was created by the BCC in 2009, for the specific purpose of servicing the school.

Attempts to argue that it evolved over time, by visitors to the oval are an attempt to sanction it, as somehow ancillary to the oval.

This is misleading and dishonest.

It’s a standalone car park that services a school on the adjacent site.

Let me get this right. The government says the car park has evolved over time from people using the playing fields. Transport Canberra and City Services has granted a sublease over a portion of the public land to the school to use “for car parking ancillary to the outdoor sports facility”. The government has been clear with the school, the site remains a public car park despite the school erecting signage and allotted spaces dedicated to BCC staff. Contrary to this advice, the school has built and enhanced the public car park for its own use without a development application or adherence to the normal processes for such a structure. This included sealing of the car park despite the planning authority rejecting a request earlier in the year for a direct sale of the land to complete the project. The school was advised that a Territory Plan Variation would be required and that the development would be in breach of the Planning and Development Act but they ignored it.
I think I am on the side of the government and Lyneham Community Association on this one!

Kate Bradney10:25 pm 04 Feb 23

That’s pretty close, but not quite right. From piecing together all the evidence and ACT Government correspondence from public FOIs, and looking at all the historical aerial imagery.

The car park didn’t exist, even informally, prior to 2009. Visitors to the oval have always used the little public “Lyneham Sporting Field” car

But, somehow, the ACT Gov seem to be willfully ignoring that it the sealed car park suddenly exists post 2016… The BCC went ahead and sealed it in late 2016, after failing to secure a direct sale, and against ACT Govs advice in mid 2016.

And the ACT Government has done nothing to pull them up on it.

When we lodged a ‘controlled activity complaint’ mid last year, the Rapid Regulatory Response Team told me: it’s completely legal on the site, and didn’t need a DA, because it’s actually a public car park, that primarily services visitors to the oval, and was developed by or for the ACT Government as part of public maintenance infrastructure works…. Huh?!

Kate Bradney10:51 pm 04 Feb 23

That’s pretty close, but not quite right. From piecing together all the evidence and ACT Government correspondence from public FOIs, and looking at all the historical aerial imagery.

The car park didn’t exist, even informally, prior to 2009. Visitors to the oval have always used the little public “Lyneham Sporting Field” car park. It’s always been sufficient.

In 2009 the BCC secured a sub lease, to construct a sporting facility and ancillary carpark. They created a ‘temporary school car park’ on the oval, and expanded classrooms on-top of their old modest on-site carpark.

They even picked up thier BCC sign and moved it from the old car park entrance to the new carpark on the oval.

in 2014, the BCC pursued the DA for the sporting facility complex and ancillary carpark. The community objected strongly to the plans, as it emerged that it included classrooms. The ACT Government withdrew support.

The BCC made a few attempt to gain permission to seal the temporary car park… Without the sporting facility complex (eg asking for a DA exemption to seal the carpark in 2012, which was denied, seeking direct sale in 2016, which also failed).

Despite not getting approval, it appears the BCC just went ahead and sealed it in late 2016 anyway.

And it appears that the ACT Government just kinda put head in sand and are tried to pretend it didn’t happen?

Untill, mid last year, the Rapid Regulatory Response Team responsed to a Controlled Activity Complaint and said (in an attempt to sanction the carpark in the legislation, and contradicting the mountains of ACT correspondence and docs):

“it’s a legal carpark on the site, and didn’t need a DA, because it’s actually a public car park, that primarily services visitors to the oval, and was developed organically over time by visitors to the oval, and was sealed by or for the ACT Government as part of public maintenance infrastructure works….”

Huh? It didn’t exist before 2009, the BCC say that they own it, it clearly services the BCC school, and the BCC designed and paid for it?

When I asked for a single piece of evidence via an FOI that it was constructed via “public infrastructure maintenance works” the CMTEDD couldn’t provide a single memo.

They said the descision is final, unless we pay $400 and lodge the complaint as an ‘Application for a Controlled Activity Order’ rather than a complaint about a Controlled Activity.

Now we’re waiting on the response to the Controlled Activity Order application, which was can appeal at ACAT.

Keith kendall1:12 pm 05 Feb 23

If the government considers it a public car park, why are they subsidising the Brindabella College to park here for free? And if the ACT Government recognise it as not a legal use of the site, why are the condoning it now, and why have they ignored it for the past 8 years, while the media and local residents cast a spotlight on it. The years of inaction makes it apparent that they are fully aware and complicit to the misuse of public land.

Kate Bradney9:31 pm 05 Feb 23

One more important thing to consider: If the government has been clear with the school, that the site remains a public car park, then what the heck happened with DA201629628? (The DA for Brindabellas significant expansion in Lyneham). In order to approve this DA, the ACT government accepted the carpark as BCCs carpark. And why does the Minister for TCCS refer to the carpark as the private schools carpark. And, in the ACT Governments design plans for this coat of green paint, why was it marked as ‘Brindabella Christian Colleges carpark’.

The ACT government may be trying to play both sides.

I hope they accept that a mistake was made and a development slipped through the cracks. Mistakes happen. Its how you deal with a mistake that shows character and integrity. I hope they make amends to protect public land and keep the community safety, rather than try sweep it under the rug and retroactively sanction it.

Stick a speed camera in. That’s the governments standard response to improve road safety

Kate Bradney12:19 am 05 Feb 23

Love it, or anything to calm traffic here, and help distracted drivers notice the young kids, like speed bumps.

Several facts about the ACT have become clear since I moved here from Sydney:
1) Cars rule;
2) Promotion of active travel does not include pedestrian infrastructure, still prioritising cars first and sometimes bikes and scooters too;
3)Private schools can do what they like with impunity, including preventing essential pedestrian infrastructure
4)Private schools disregard community needs, putting their own interests first. Interesting priorities for Christian schools.
5)Pedestrian needs are generally not considered, with few safe crossings for major roads because ‘we must not slow or disrupt the flow of traffic’. Overpasses are considered too expensive, traffic lights undesirable and crossings without traffic lights unsafe so there is no provision for pedestrians at all in many locations.
6) The professed focus on active travel is BS as infrastructure and ACT govt actions do not support it.

Kate Bradney8:18 pm 03 Feb 23

It certainly appears this way. The TCCS have comprehensive “Transport Impact Assesment (TIA) Guidelines” document to make sure that developments, like this car park, don’t put pedestrians and cyclists at risk…. but we found out that the guidelines were never used to inform the development of this carpark, or at any stage of the schools expansion. 613 petitioners sought that the car park be assessed, retrospectively, and redesigned to comply with the standards to keep cyclists and pedestrians safe (as per the TIA guidelines S5.11)…. But sadly, nope. I’m getting the feeling it may just be a policy document, that was written for good “Active Travel ” press, then filed away and ignored.

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