Background: In 2023, the LCA took the ACT Government to ACAT (the ACT Civil and Administrative Tribunal) due to its failure to uphold its own laws in regard to the car park used by Brindabella Christian College (BCC). The car park was built without development approval, breached the sublease BCC had over that part of Lyneham Neighbourhood Oval, and contravened the zoning rules under the Territory Plan. ACAT ordered the closure of the car park in December 2023. In early 2024, BCC lodged an appeal against ACAT’s decision in the Supreme Court, and at the same time gained an injunction which allowed for the continued operation of the car park until resolution of the appeal.
The LCA was unable to commit to taking part in the appeal because of the potential prohibitive costs. Instead, the Government of the day was successfully lobbied to appoint an experienced Barrister as ‘friend of the court’ who would provide the court with arguments to contradict the appellant.
Appeal
After many delays, the appeal in the Supreme Court was heard on Tuesday 4 February 2026, with the new owners of BCC, Christian Community Ministries (CCM) taking over the appeal from BCC.
The hearing took one morning, and the judge reserved his decision. To our lay observer, the CCM arguments were pretty flimsy, and expertly dealt with by the friend of the court. Of course, we won’t know how convinced the judge was until he hands down his decision at some as yet unknown date.
We will let you know the outcome in due course.
Possible outcomes
It’s not terribly clear what possibilities the judge has. Those options were disputed by the parties in the appeal. Could the matter be sent back to ACAT (if errors in law are found)? Could the judge grant CCM what they ask for (more time to get approvals, etc)? Could the judge make other orders?
Whatever the appeal outcome, CCM says they have already lodged a Territory Plan Variation (TPV) request. Though not yet public, the zone change if accepted will presumably allow for the land to be used for a car park, but may also allow the construction of more school buildings. If the TPV is approved CCM will then go through the development application process to make a legal car park.
A question for you
All parties agree that the car park was built illegally, but what should happen to it now? Do you think the car park should be closed and returned to oval status (with the school required to make other transport options available to staff and students), are you content that the car park stay as is as long as the school gets planning approval for it, or do you think that the car park can stay but must be modified to meet current design standards and improve pedestrian safety as a condition of getting planning approval?
Once the TPV goes out for public consultation, there will be limited time in which to comment.
If you have a view, please complete this brief survey at tiny.cc/carpark26, so LCA can be guided by its members: