Still on the topic of the car park, we learned recently that Shane Rattenbury had asked a Question on Notice (QON 937) in early March of Minister Chris Steel regarding the application (DPA-12) by BCC to alter the Territory Plan. Here is the text of the question and response.
Response to question on notice
Questions on Notice Paper No 16
3 March 2026
Question No. 937
SHANE RATTENBURY MLA: To ask the Minister for Planning and Sustainable Development
1. In relation to the Major Plan Amendment that has been released to add car parking as a
permissible use for part Block 12 Section 43 Lyneham, where the car park was constructed by Brindabella Christian College without an approved Development Application, will the Territory be retaining ownership of the land under this proposal.
2. Will the Territory be taking ownership of the car park constructed on the land referred to in part (1); if so, has the Territory made any payment to the owners of Brindabella Christian College for this transfer of ownership.
3. Will the Territory be responsible for the maintenance of the carpark referred to in part (1) in the future.
4. Has the car park referred to in part (1) been constructed to the applicable standards that would be expected of like structures built by the Territory.
5. Does the entrance of the carpark referred to in part (1) meet standards with regard to active travel, noting that the entrance crosses a busy footpath that is an access point for two schools.
6. Why has the Government decided to undertake this Major Plan Amendment at this time, noting this carpark is currently the subject of litigation, and does it pre-empt the outcome of that litigation.
Chris Steel MLA – The answer to the Member’s question is as follows:
1. Yes. The Territory land custodian is Roads ACT.
2. The use of the car park will be primarily for the school, but will still be accessible to the public, under a license granted by the custodian.
3. The school will be responsible for maintenance of the car park under the license.
4. As noted, the car park was constructed without approval. The car park will need to be assessed when a Development Application (DA) is lodged, should the major plan amendment be approved by the Minister for Planning and Sustainable Development. During the DA process, advice will be sought on whether the configuration of the car park meets relevant standards.
5. Refer to the answer to question four. The entrance standards will be determined at DA stage.
6. The Territory Planning Authority is progressing the major plan amendment (MPA) as part of the statutory process, which seeks to legitimise the use of the land for a car park. The Territory Planning Authority accepted the proponent’s application for an MPA on the basis that the operation of a car park has strategic planning merit in that it plays a significant role in managing traffic flow by ensuring the efficient circulation of car movements for the school and reduces pressure on the street network in this location. It will also benefit members of the community as the car park will be publicly accessible for people using the adjacent oval.
The litigation currently in the Supreme Court is a separate matter to this planning approvals
process. The Supreme Court will make their decision based on the procedural and legal grounds on which the case is being heard. Progression of the MPA is independent of the outcome of the Supreme Court decision. It is solely based on the strategic planning merits of the proposed change. For clarity, the MPA does not pre-empt nor impact the Supreme Court’s decision.
Approved for circulation to the Member and incorporation into Hansard.
Chris Steel MLA
Minister for Planning and Sustainable Development. Date: 30/4/26
