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The Canberra Times
The Canberra Times
Sarah Lansdown

Private school car park dispute goes to tribunal

A long-running dispute over a private school car park that was installed without development approval is being heard in the ACT Civil and Administrative Tribunal.

The tribunal on Monday hear Brindabella Christian College received advice in 2012 they would need to submit a development application to upgrade the gravel car park between the Lyneham campus and public oval.

Plans to redevelop the land into a sports facility in 2015 were met with strong community opposition.

A car park adjacent to Brindabella Christian College's Lyneham campus is at the centre of a dispute between the Lyneham Community Association and ACT government. Picture by Sarah Lansdown

In February 2016, the school attempted to purchase the land, which it was and still is using under a sublease from the ACT government.

The school went ahead with sealing the car park later in 2016 without purchasing the land or submitting a development application.

The Lyneham Community Association appealed a decision by the ACT Planning and Land Authority to refuse to make a controlled activity order relating to the car park. Brindabella Christian College has since joined as a party to the tribunal proceedings.

The association has argued the car park poses safety risks to pedestrians, including children walking to Lyneham Primary School.

The ACT government said removing the 100-space car park would create safety problems and congestion in nearby streets.

The car park was sealed in 2016 without a development application. Picture by Sarah Lansdown

However, keeping the car park in the current place would require a change to zoning in the territory plan.

Senior member Michael Orlov said there could be alternatives to the car park, such as the school applying to buy the land or negotiating with Saint Ninian's Uniting Church to use their car park.

"It seems to me there are lots of alternatives potentially. And the issue that the tribunal will require assistance with is where the public interest lies," Mr Orlov said.

School maintenance manager Craig O'Mara told the tribunal the school board chair Greg Zwajgenberg said the school owned the land and instructed him to organise for the car park to be sealed in 2016.

Public hearings are expected to continue on November 14 and 15.

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