Car Park used by BCC

Summary

Car park temporarily re-opens. See below.

The car park at the northern end of Lyneham Neighbourhood Oval has been an issue for the local community for over a decade, as part of wider activities of the Brindabella Christian College (BCC). BCC currently has a sublease over the part of Lyneham Neighbourhood Oval which they’ve used as a car park. The 20 year sublease is until 2029.

The car park was sealed by BCC in 2016-17 against government advice, in contravention of the planning rules, and without planning permission. Because the government refused to take action on complaints by members of the public and by the LCA, we sought intervention by the ACT Civil and Administrative Tribunal (ACAT).

ACAT ordered (on 14 November, and again on 7 December) the closure of the car park at the end is the school year (8 December 2023), and the installation of a lockable fence across the entrance by 15 December 2023. If BCC does not gain approval within 12 months to construct a safe car park on the site, the car park is to be demolished and returned to oval condition.

BCC has appealed the ACAT decision, to be heard in the ACT Supreme Court. BCC is also seeking an injunction in the Supreme Court to set aside the ACAT orders until the appeal is heard. The Supreme Court has granted BCC an injunction for 14 days from 30 January, allowing for the re-opening of the car park. On 6 February, the Supreme Court granted BCC an extension of the injunction until resolution of the Appeal.

The reasons for ACAT’s decision are now available. See below.

Contents
 

This page is updated as new information becomes available.

Last updated 6 February 2024

Thanks.

The LCA is incredibly grateful to one particular local resident and LCA member who spent endless hours assembling  material for their Controlled Activity complaint (see pages 215-314 of our ACAT submission), which formed the basis of the application for a Controlled Activity Order, the rejection of which led to our appeal to ACAT to review that decision.

 Candid Comments

Here are a few brief observations:

 

  •  It was accepted by all parties to the ACAT hearing (BCC, ACTPLA, TCCS, LCA) that the car park had been constructed without the necessary approval, in breach of the sublease conditions, and in contravention of the applicable Territory Plan zone.
  • As such, the use of the car park is an offence under the law.
  • It is wrong that we have the ACT Government arguing for the continued use of the car park.
  • Essentially, the Government is arguing that the Territory laws can be ignored.
  • Why did the Government (through ACTPLA and TCCS) allow the illegal construction of the car park, even after complaints from the public?
  • It is not right that the LCA has to fight to have the Territory laws upheld. That’s the Government’s job.
  • BCC is appealing against the decision of ACAT. Why is it that the LCA has to defend ACAT’s decision, and in doing so, expose itself to significant expense?
  • Because the car park is illegal, no insurance company will insure it, or accept a claim concerning it.
  • BCC is required, as a term of its sublease, to have public liability insurance cover on the site.
  • By allowing the re-opening the car park, the Supreme Court is inviting the public to use the car park, even though anyone who is seriously injured while doing so cannot expect any insurance payment to cover any ongoing medical expenses.
  • By allowing the re-opening of the car park, the Supreme Court is condoning the resumption of an offence, through the use of an illegal development.

ACAT Orders

In brief, ACAT ordered on 14 November that

  • the car park cease to be used for parking and drop-off and pick-up 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;

  • 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.

Click on the image below to read the full ACAT order.

The ACAT hearing commenced on Monday 13 November 2023 with a site visit. Audio recordings of the in-court sessions are available as follows:
Monday
Tuesday

Also available is a transcript of proceedings.

Further submissions to the Tribunal raised some doubt about its authority to make an order on the verge crossing, and concerns about emergency vehicle access. This led to fresh orders being made on 7 December. Click on the image below to read the full ACAT order.

ACAT reasons.

The reasons for the ACAT decision were handed down on 30 January 2024, and are available here.

On 6 February 2024, ACAT handed down final reasons, available here.

Media Statement

 Read the LCA media statement following the 14 November ACAT decision.

Local Residents’ Views

Community comment following the 14 November decision:

Well done LCA committee!!!! Thank you. – Bethan D
Congratulations on your win at ACAT. Well done.  – David D
Thank you for the great work you’ve done, getting the carpark issue dealt with. Amazingly positive outcomes! – Marian K
Oh wow!   What a result!!  – David F
Thank you so much for all your efforts regarding the carpark and holding various bodies to account.  Congratulations and keep up the good work. – Dianne R
I love you all with a fiery passion. THANK YOU for standing up for the people of Lyneham. Brindabella needs to comply with the law and the rest of us should not be disadvantaged by someone else’s greed and entitlement. – Dianne W
So fabulous! Congrats again!! – Laura C
Yay! Congratulations to Kate and others for your amazing efforts. This is great news – a great step towards making it safe to walk and ride to school. – Bernie M
Congratulations and well done to all involved in supporting this work. Thank you for pursuing this matter. This is a good outcome for Lyneham. – Peter W
Wow! Great work LCA and fabulous outcome. – Alice R
I can’t tell you how ecstatic I am about this news. Congratulations and thank you for your advocacy. – Deb C
Thank you, congratulations well done – Colin H
Shame they built on top of their old car park 🙂 – Andrew H

Residents Meeting

LCA sought feedback from local residents to help guide our actions next year. The meeting, held on 12 December, was very successful.

Click on the image below to read the feedback from the meeting.

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In the media: car park safety risk & more

History of Lyneham Neighbourhood Oval issues

  • 2009. The government sub-leases to BCC the part of Lyneham Neighbourhood Oval on which the car park now sits, without any community consultation or notification.
  • 2014. Local residents learn the government is about to sub-lease to BCC a further portion (almost 25%) of the oval for it to build a ‘community sporting facility’.
  • 2015. The Lyneham Community Association (LCA) is formed in February
  • 2015. A petition with over 1500 signatures is presented to the Legislative Assembly calling on the government to reject the BCC proposal.
  • 2015. Minister Shane Rattenbury surveys stakeholders (residents and BCC parents), finding over two-thirds against the proposal, and withdraws government support for the proposal.
  • 2016. Without approval, and against regulations, BCC causes the removal of over a dozen large trees along the bike path on its eastern border.
  • 2016. BCC attempt a direct purchase of the car park area.
  • 2016. LCA and others express concerns around car park safety as BCC building expansion increases.
  • 2018. After years of requests, LCA is shown a copy of the car park sub-lease, and discovers the purpose clause doesn’t allow for a stand-alone car park.
  • 2018-19. LCA points out to the relevant minister, and later in a formal complaint that BCC are in breach of their lease. A later FOI shows that the ACT Government understood and agreed, but still did nothing about it.
  • 2019. After formal complaints, many meetings with tree protection officers, letters to ministers, and questions in the assembly, Minister Steel advises the Legislative Assembly that no penalty would be applied to BCC for the removal of trees in 2016.
  • 2022. With the increasing growth of BCC enrolment, use of the car park is clearly presenting a danger to pedestrians attempting to cross the entrance. A local resident begins investigating how it came to be that no safety measures were in place. This leads to the discovery that no traffic assessment was done prior to sealing of the car park, that the car park breaches regulations, and was built against government advice.
  • 2022. A petition is initiated by the local resident with support from LCA to draw the ACT Government’s attention to the increasing dangers kids face as a result of the car park and seeking a Transport Impact Assessment of the car park development.
  • 2022. A ‘controlled activity’ complaint was made by the local resident. The Rapid Regulatory Response Team (RRRT) responded that they would not take action, and would not issue a Controlled Activity Order.
  • 2022. The local resident researches and writes an application for a Controlled Activity Order against the BCC for its illegal development of the car park, which is lodged in LCA’s name.
  • 2023. The local resident, with the support of the LCA, initiates the Active Petition to the Legislative Assembly to Stop Private Car Parks on Protected Green Open Spaces.
  • 2023. The Controlled Activity Order application is deemed to be refused by the ACT Planning Authority, because they ran out of the time allowed under the Planning and Development Act to decide on it.
  • 2023. LCA appeal to ACAT to review the Planning Authority’s decision to refuse to make a Controlled Activity Order against BCC.
  • 2023. ACAT finds that the car park was developed without approval and contrary to its sublease. ACAT orders the closure of the car park from 8 December and its demolition in 12 months unless BCC can gain development approval.
  • 2024. BCC is granted an injunction by the Supreme Court, allowing for the temporary re-opening of the car park.