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AAT Court Orders
Unchecked Campus Expansion
DID YOU KNOW?
Since 2016 BCC's Lyneham campus has undergone major refurbishment and expansion. Whist award-winning buildings and new performing arts and sports facilities have improved student learning environments, the addition of demountable classrooms since 2016 has been largely unregulated, pushing student numbers beyond the limits stipulated by Territory Planning in Development Conditions. This raises concerns about whole of campus safety and adequacy of services, utilities, and facilities.
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Although most Building Code breaches have now been addressed and unapproved demountable classrooms removed, BCEL has only recently produced accurate site plans and drawings to the Territory Planning Authority leaving these concerns unresolved.
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In response to complaints about over occupancy and crowding of the campus, resulting in inadequate learning spaces and concerns around the safety, health and welfare of staff and students, ReformBCC pursued an ACAT Administrative Review (AT46/2024) which resulted in Orders issued in September 2024 requiring:
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Removal of unapproved classroom demountables retained in breach of previous DA Conditions; and
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Production of complete and accurate site surveys and drawings identifying all existing buildings and facilities at the Lyneham campus. These now allow relevant authorities—such as Territory Planning, ICON Water, TCCS, Fire Engineering, Certifiers and other experts — to properly assess campus safety, approvals and infrastructure adequacy relevant to occupancy.
Senior Member Brian Meagher concluded the Tribunal's Review with a decision on 2 December 2024 stating,
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"It is evident to us that there is sufficient reason to be concerned with safety issues
in respect of the unchecked intensification of the campus
and that is is in the public interest that all relevant authorities
are properly informed about that".
The 22 February 2024 aerial image below shows five sets of demountable style classrooms installed over and above the 2016 DA Junior School Approval campus occupancy limits, reflecting the 'unchecked intensification of the campus' reported by ACAT. The current known status of buildings is provided below. ​​​​​​​​​​​​
MORE DETAILS
Click on the following links for more information:
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Why ReformBCC Sought an Administrative Review by ACAT
There were two primary drivers for ReformBCC engaging in building compliance matters in 2023:
(1) "Wilful" and "deliberate" planning breaches identified by ACAT
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In 2023 we observed the Lyneham Community Association pursue an ACAT Administration Review (AT55/2023) of the College's over use and alleged illegal development of the neighbouring carpark which was significantly impacting the local community.
We were shocked to learn during the ACAT proceedings and decision that the College had knowingly failed to obtain a development approval to seal the carpark and had never actually purchased the carpark land, contrary to an announcement from the former BCEL Board Chair to the College community at Presentation Night 2018 that the College had purchased the carpark land.
Following a determination from the Tribunal that BCEL had been "reckless", "deliberate and wilful" in its breaches of Planning Regulations and Codes, ReformBCC undertook a review of public records and reports in regards its Lyneham campus approvals and compliance.
(2) Dramatic increase in enrolments and intensification of buildings resulting in overcrowding
Concurrently to the LCA ACAT matter, we were aware of increasing complaints from parents and staff about over crowding of the campus and playgrounds, car park congestion, and a lack of suitable learning spaces including timetabled classes held in foyers and double booking of classrooms.
With the assistance of building certifiers and town planning experts, we undertook a review of public documents which revealed multiple building and development compliance and approval issues with serious health, safety and welfare implications for the school community, leading to us file formal complaints with respective authorities. This resulted in part with immediate Stop Work Orders on multiple classroom buildings until building approvals were obtained and opened an opportunity to pursue campus compliance and accountability of BCEL via an Administrative Review in the ACT Civil and Administrative Tribunal (ACAT).
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Public criticism of ReformBCC reveals BCEL directors protecting their own interests
ReformBCC has faced strong criticism from the BCEL Board — in staff meetings, school communications to parents and staff, media coverage, and the Board Chair’s social media. Labelling us as vexatious or merely disgruntled former parents, despite the serious safety risks of occupying unapproved classrooms, shows a dismissive attitude toward community concerns and a disregard for planning and building regulations. This reinforces our long-held view that the current Board is unfit to govern the school and should be replaced.
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The 2024 Administrative Review by ACAT revealed that since 2016, the BCEL Board has knowingly:
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placed staff and children in classroom demountables without building approvals or occupancy certificates;
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placed staff and children in classroom demountables without addressing notified fire risks;
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relocated and recommissioned demountables in lieu of permanent removal as required by Territory Planning;
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installed additional demountable classrooms without prior building approval;
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increased student enrolments beyond campus limits imposed on the College by the Territory Planning Authority (formerly ACT Dept of Planning and Land) in 2016;
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ignored multiple 2016 government entity objections to campus expansions (eg TCCS, ICON Water, ACTEWAGL, EDU Directorate, etc) due to capacity limitations of campus utilities, services, car parking, pedestrian safety and traffic management;
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failed to provide Territory Planning with complete and accurate site plans and drawings identifying all buildings on the campus as required by Condition A2 of the 2016 Development Approval for the Junior School resulting in consultants and experts, such as Fire Engineer and Traffic Engineer, subsequently relying upon inaccurate and incomplete information, compromising their reports and safety of the school community.
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further failed to comply with ACAT Orders (AT46/2024) on 25 Sept 2024 to produce correct and complete site plans and drawings as required by Condition A2 resulting in a Controlled Activity Order being issued by ACAT on 4 Oct 2024, requiring correct and accurate site plans and drawings be supplied.
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2016 Development Approval and Subsequent Campus Expansion
You can find below the Original 2016 Notice of Decision from Territory Planning Authority (formerly ACT Planning and Land) setting out conditional approval to build the Junior School Building. BCEL's initial development application, supporting plans, drawings and surveys, traffic engineers report, respondent and entity consultation and responses, and the Major Projects Review Report, etc are all available (from Part 8 onwards) under the Freedom of Information Act on the EPSDD (Environment, Planning and Sustainability Department) Disclosure Log found here.
Conditions A1 and D1 require the permanent removal and demolition of old demountables to ensure there is only a transfer of students from old to new buildings and to prevent an increase in enrolments due to entity and respondent objectives to the development as clearly specified in the DA Reasons for Decision.
There has been no further development applications lodged by BCEL noting under Territory Planning laws, demountable classrooms are exempt from development applications in the ACT. ACAT noted this does not mean demountable classrooms are exempt from building approval and certificates of occupancy which are still required.
The failure of BCEL to apply for building approval prior to installing many of these new buildings, and the failure of building and planning departments to cross-check development of the campus, meant the intensification, and increased occupancy beyond the 2016 DA limits, was largely unchecked.
Following conclusion of the ACAT Administrative Review AT46/2024, ReformBCC sought release of all tribunal documents, witness statements and evidence from the parties, including BCEL, to:
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allow thorough regulatory and expert review of the school's building, safety, facilities and services compliance and adequacy relevant to its occupancy;
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allow review of the original Junior School DA Application by BCEL which included discrepancies in student numbers provided to the Traffic Engineer and Dept of Planning from census data;
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ensure accountability of BCEL decision makers, and any other persons, who knowingly placed staff and children at risk; and
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assist with a review and reassessment of the campus development with new and complete site surveys and drawings provided by BCEL.
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The Tribunal Member Brian Meagher supported release of all tribunal documents, evidence and key witness statements from the AT46/2024 Review for the specific purpose of informing all the relevant authorities and assisting them in their review of the schools compliance, safety and adequacy of facilities, etc, including sharing with the ACT Construction Registrar and ACT Education Directorate.
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Specifically, on 2 December 2024, the Tribunal reported in their decision that since 2016, the "numbers of students increased continuously" despite the fact the "College had represented (to the TPA, government entities and the community in 2016) that the student population was not going to increase". (para 26 of AT46/2024 2 Dec2024)
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ACAT also determined two "ATCO" demountables (known as the Middle School Classrooms and then Block C) were, in fact, decommissioned but then relocated and recommissioned into service, and NOT removed from the campus by the College as had been specially required by Conditions A1 and D1 in the 2016 Junior School Development Approval. (para 27)
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Further, Senior Member Brian Meagher stated (para 34-35), "It is evident to us that there is sufficient reason to be concerned with safety issues in respect of the uncheck intensification of the campus and that is is in the public interest that all relevant authorities are properly informed about that", allowing Tribunal documents and evidence brought before the Administrative Review to be passed to relevant education, building, fire and planning authorities for review.
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You can read the Tribunals decision and reasons for release of documents and evidence from any implied undertakings here:
Original 2016 DA Conditional Approval Junior School Building
ACAT AT46/2024 CCR@BCC v TPA & BCEL
Timeline of Campus Expansion & Approvals - Then & Now
The pdf document below provides a timeline of the intensification of the campus since the 2016. None of the five demountable classroom buildings marked were included in documents or surveys lodged by BCEL with the 2016 Development Application for the Junior School Building.
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During the government entity and respondent consultation about the development application, some existing classrooms were identified as having been omitted from the survey plans and drawings, consequently Condition A2 was included in the Development Approval. Condition A2 required all plans, drawings and surveys be updated and corrected to accurately reflect all existing buildings on the campus, however this was never done by BCEL, impacting subsequent expert advice and reports.
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As a result of the ACAT Administrative Review (AT46/2024), Tribunal Orders on 25 September 2025 (AT46/2024) and a Controlled Activity Order on 4 October to BCEL (see image below) required BCEL to produce updated and corrected plans and drawings, including a site survey as originally required in the 2016 DA.
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BCC 7 January 2016
BCC 22 February 2024
Then & Now -
Timeline of Lyneham Campus Expansion since 2016
ACT Census Data - Brindabella Christian College
K-12 student numbers by year by campus.
(Note: Pre-School (4 yr old) is shown, however considered as part of the Early Learning Centre numbers)
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Current Building Status
As at March 2025, all buildings now have Building Approval and Certificates of Occupancy with exception of Building 5.
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Building 2 Removal
Following the Administrative Review by ACAT, the unapproved Block C demountable classrooms (Building 2) have now been permanently removed from the campus on 7 September 2024 as originally required by the 2016 DA Conditions A1 and D1 and reaffirmed in ACAT Orders to BCEL on 2 September 2024 (see images below).
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Building 5 Status
The four demountable classrooms installed in July 2023 (see image below) and identified as Building 5, remain incomplete and unoccupied with BCEL failing to produce a Certificate of Occupancy or disclose the status of its compliance.
Despite written requests by ReformBCC to BCEL requesting an explanation as to the compliance of these classrooms, BCEL has failed to advise. CMTEDD approved release of documents regarding this building to ReformBCC however this is now under review by the ACT Ombudsman due to a third party, likely BCEL, objecting to transparency and release. The compliance and certification of classrooms is a matter of significant public interest and we are hopeful the Ombudsman will shortly affirm release, or the current Administrator, Deloitte, will withdraw any objections to the CMTEDD FOI.
Correspondence to staff and parents from BCC Executive Principal, Ms Powers at the start of the 2025 school year, indicated occupancy of Building 5 was held up due to incomplete landscaping.
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​Note: Earlier aerial images of campus development since around 2006, including the development of the carpark, can be viewed on our Carpark Key Issue page.​​
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Block C demountable classrooms x 2 removed by Vamos Pty Ltd on 7 September 2025 as required by ACAT Orders AT46/2024 dated 2 September 2025.
Who Bears the Legal Cost of Pursuing Compliance?
​The BCC community should be shocked and outraged at the misuse of BCC student tuition fees to fund litigation for the defence of directors who have been found to have wilfully and knowingly ignored ACT Building and Planning Laws and Regulations such as the case of the carpark development and campus intensification.
Correspondence to the school community on 21 February 2025 from the Board Chair (also Head of the Building Committee since 2016) states BCEL incurred legal costs of $500,000 in the ReformBCC ACAT matter alone and $2.6 Million in total legal costs. Commonwealth Funding Regulations stipulate public money cannot be used by schools for litigation, leaving the burden to fund such costs to parent tuition fees.
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Such exorbitant legal costs fly contrary to the Tribunal's Purpose which seeks to provide an inexpensive accessible system to achieve justice and resolve disputes:
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"ACAT’s purpose is to promote the rule of law for civil and
administrative justice in the ACT by:
providing accessible systems that are as simple, quick, inexpensive and
informal as is consistent with achieving justice and that encourage people
to resolve disputes themselves in a proportionate way."
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Cumulatively, what has been the financial loss and true cost for the school community under the mis-governance and failures of BCEL to abide by its statutory, regulatory and fiduciary duties?
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ReformBCC has compiled the following cumulative adverse findings by regulators, auditors, statutory authorities and Commissioners over recent years. In line wth our Objectives, ReformBCC has sought to see the College returned to compliance under a fit and proper Board and reform of the constitution to ensure future transparency and accountability so students can thrive in their education and teachers love their job again.
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What Next?
Building 5 - Four Demountable Classrooms
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These classrooms cannot be occupied until they are completed, ie connected to services and a Certificate of Occupancy is issued by ACT Government. The image below shows they were installed without building approval resulting in Stop Work Orders. We are awaiting a decision from the ACT Ombudsman regarding release of FOI documents showing the status of compliance and any regulatory action.
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Alternatively, the Administrator appointed, Deloitte, standing in the shoes of BCEL, can advise the status and its intentions in regards these classrooms, or withdraw any objection by BCEL to release of the FOI documents triggering the Ombudsman Review.
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ACT Education Directorate
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Under a revised Education Act 2004, the new Registration Standards require the Proprietor of a non-government school to be compliant with all building and planning laws and regulations and buildings and facilities to be safe and adequate for school operations.
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Concerns raised during the 2024 Administrative Review by ACAT, including witness statements and evidence regarding the occupancy and use of unapproved classrooms, have been passed to the ACT Education Directorate for their consideration and further investigation. We understand they have taken regulatory action against BCEL in regards registration contraventions.
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Updated and Corrected Site Plans
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As a result of the ACAT Administrative Review, Orders AT46/2024 issued on 25 September 2024 required BCEL produce an updated and corrected Site Survey reflecting all existing buildings as originally required in the 2016 DA. The new Site Survey dated 9 September 2024 is shown below.
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