Submissions on the proposed variation closed on 17 April 2026.
The new owners of Brindabella Christian College (BCC) have lodged an application to vary the Territory Plan to allow a car park on Lyneham Neighbourhood Oval. The application is designated DPA-12.
Credit: ACTmapi
You can view the application and supporting material at the Major Plan Amendments web page.
In summary, the application asks that an overlay on part of the Lyneham Neighbourhood Oval (which is zoned Urban Open Space) be defined to include a car park as an allowed use.
Note that submissions on the amendment close on 17 April 2026.
▶ Site Map
Here is a map of the area in question, from the amendment documents.
The Lyneham Community Association (LCA) believes all Urban Open Space, including Lyneham Neighbourhood Oval, is for community not school car parks.
The LCA will be making a submission to the Territory Planning Authority asking them to dismiss Draft Plan Amendment DPA-12.
We encourage everyone to join us. It is only by banding together that we will convince the Government to abandon the proposed amendment.
▶ How did we get here?
BCC took over the original O'Connor Christian School in 1998. They embarked on an aggressive drive to increase enrolments. Many of you will remember the saturation advertising on Canberra buses. For many years, BCC kept to its own block, including having a car park on site.
In 2009 BCC built a new building on their car park, with funds received under the Australian Government Building Education Revolution. Now lacking a car park on their site, BCC approached the then ACT Sport and Recreation, who were the custodians of Lyneham Neighbourhood Oval, and were granted a 20-year sub-lease over that part of the oval adjoining the BCC campus. No public consultation was done.
The car park currently on the site was constructed in 2016.
In late 2023 the Lyneham Community Association took the ACT Government to ACAT because it had failed to uphold its own laws with respect to the car park site. ACAT ordered the closure of the car park, and that it be demolished if BCC could not get legal approval for a car park on that site within 12 months.
In early 2024 BCC lodged an appeal against ACAT's ruling in the ACT Supreme Court, and gained an injunction allowing it to continue using the car park until the appeal was completed.
After much delay, that appeal was heard on 4 February 2026. No decision from that appeal has been handed down.
▶ Why do we say the car park is illegal?
The car park is illegal on three counts.
It was built without development approval (a criminal offence).
It breaches the conditions of the sub-lease BCC has over the land.
It contravenes the zoning of the area under the Territory Plan.
Because it wasn't subject to a developent application, there was no scrutiny about whether it met Australian standards for car parks. Many safety deficiencies were noted by ACAT in 2023. The interaction between vehicles and pedestrians is of particular concern.
▶ Why not just let the amendment go through?
If the amendment is incorporated into the Territory Plan it would reward criminal behaviour. No other crime is left unpunished and then the perpetrators rewarded.
BCC already is in breach of the enrolment cap placed on it in 2016 as a condition of development approval for another of their buildings. The government shows no interest in enforcing that condition either.
If the amendment goes through, it will set a precedent across Canberra for land acquisition through illegal practices.
This is our last chance to save that part of the oval. Once the amendment goes through, it's gone.
The car park was illegally built without development approval, breaches the sub-lease over the site, and contravenes the zoning under the Territory Plan. The amendment only addresses the last issue. Even if the amendment succeeds, no one knows what will happen afterwards to address the other issues. Will they build a proper car park, and have a proper lease? Will BCC pay a proper rent for the land, rather than the current peppercorn amount? Who will pay for changes to the car park?
▶ What will happen if the amendment is rejected?
If the amendment is rejected, the current car park will remain in contravention of the Territory Plan.
If the amendment is rejected, BCC will remain in breach of their sub-lease on the site.
It will then be up to the ACT Government to uphold the law. We've seen in the past with BCC and many other issues that the government avoids any action.
For years the government has known the car park breaches the sub-lease, and yet has done nothing. The government knows that since the car park is illegal, it cannot be insured, so anyone using or entering the car park does so at their own risk.
It's disappointing that the government preferences the interests of businesses over those of the community. That's why it's so important for as many people as possible to make a submission now, urging the rejection of the proposed amendment. Let the government know what you think.
▶ What about the Supreme Court appeal?
The appeal lodged by BCC against the 2023 ACAT decision was heard by the Supreme Court on 4 Feburary 2026. No decision has been made yet.
It's particularly odd that this amendment proposal process is going ahead while the appeal outcome is unknown.
We have asked the Territory Planning Authority, and the Minister, Chris Steel, to suspend the process until after the outcome is known, but our request was rejected.
▼ How do I make a submission?
We encourage you to Save Lyneham Oval by making a submission. You can use our template below. Fill in your details and tap 'Make submission'. Alternatively, if you want to write your own submission, you can do so at the Major Plan Amendments web page or by sending an email to terrplan@act.gov.au. Use our template as a starting point if you wish.
Scroll down to view our template. When you press 'Make submission' below, your name and the date will be added to the template and attached to an email to the Territy Planning Authority. You will receive a copy of that email.
These details are needed to create your submission.
