The Lyneham Community Association (LCA) has been successful in its appeal to the ACT Civil and Administrative Tribunal (ACAT) against the ACT Planning Authority’s refusal to take action against the unlawful use of land next to Brindabella Christian College (BCC) in Brigalow Street Lyneham as its car park.
During the two days of hearings, both the BCC and the Planning Authority conceded to what was described in the Tribunal as a ‘trifecta of noncompliance’:
- the car park was built without development approval;
- Lyneham oval is zoned open space in the Territory Plan which doesn’t allow a car park;
- BCC’s sub-lease on the block where the car park is located has conditions that do not allow a stand-alone car park.
It also came to light that Transport Canberra and City Services (TCCS) had not approved the entry across the verge into the car park and that it was not to the required safety standards.
In response, ACAT ordered that –
- the car park cease to be used for parking and drop-off from the end of the current school term (8 December 2023);
- the entrance to the car park to be blocked by a locked chain, steel bollards or the like at the end of term;
- the verge crossing to be demolished and the curb and footpath be reinstated by the beginning of the next school year (this component was subsequently dropped on 7 December);
- the car park be demolished within 12 months, unless the college obtains development approval for the use of the land as a car park or another use.
This case started due to regular complaints by local residents about the dangers to pedestrians when trying to cross the entry into the car park off Brigalow Street during school drop-off and pick-up times, as well as the traffic congestion along the street as rows of cars tried to get into and out of the car park.
In the process of investigating this issue, LCA members found evidence of a much bigger problem with this car park in that it had never been approved and had never been assessed as to whether it met the required safety and design standards.
These complaints were fobbed off by various Ministers and arms of the ACT Government, but our community association felt we had to get something done to protect vulnerable school children trying to cross the car park entry. We were left with the only option of taking the legal route through ACAT.
We regret any inconvenience and disruption the ACAT decision may cause, but this situation should have been addressed by the ACT Government and the BCC over the last decade that BCC has used this land as its car park.
The pressure is now rightly on BCC to design a car park and entry to all the relevant standards and codes and to submit all the proper requests for development approval, including a variation to the Territory Plan.
The pressure is also on the ACT Planning Authority to fully and correctly assess the potential use of the land as a car park and ensure it is consistent with all ACT planning rules.
While these planning issues are being resolved, ACAT agreed with our view that there are other transport and parking options available to BCC that would minimise disruption to student and teacher car travel to the school. In fact those measures could considerably ease traffic congestion and could have reduced the need for a car park here in the first place.
The LCA calls on the ACT Government to ensure that ACAT’s orders are implemented and that the Territory’s planners and regulators do their job in ensuring that ACT’s planning laws are applied correctly for the good of our community.