Ivanhoe Grammar in dispute with local council over public access

A wealthy private school in Ivanhoe is facing off against the local council and angry residents over access to popular walking paths

Ivanhoe Grammar School is in an “ongoing negotiation” with Banyule Council over public access to the school grounds. Picture: Eugene Hyland

An elite Melbourne private school’s fight with the local council and residents over the use pedestrian paths has gone up a notch after the school put up fencing and gates to keep out residents who historically used the paths.

Banyule Council fought Ivanhoe Grammar School at VCAT in December 2021 over the school’s construction plans, which would block residents from the paths.

The school won that round, with the tribunal ruling it was permitted to construct the fencing.

However, the council has continued fighting for public access to the paths, as it claimed the restrictions go against government policies.

Banyule Mayor Peter Castaldo said he urged the school to consider how to be the “best neighbour”.

“This is an unfortunate set of circumstances we find ourselves in,” Mr Castaldo said.

“We have the long established paths enjoyed by our community that have consequently been closed down.

“While the school may have the right to close the community out, I hope they consider their ability to be the best neighbour they can be.”

The two pedestrian paths connect four Ivanhoe roads, with a central footpath between Merton St and Russell St providing ease of access to main strip Heidelberg Rd for many residents living near the school’s huge grounds.

In a previous agreement with the council, paths were labelled as “existing right of way pedestrian access”, but the school fought the council in court to have the paths made private.

According to council documents, the school had rejected alternative plans proposed by the council and stated it would have to purchase land from the school to create a public path.

Councillor Alida Mckern said she wanted the community to know that the council had been actively pursuing the issue, including seeking legal advice on how to regain path access.

“I will continue to advocate for a win-win solution for what is a complex yet important matter for our community,’’ she said.

“(The paths) provide a significant pedestrian shortcut to Darebin station, strategically backed by council’s active transport plan… and is backed by state and local policies for access to public open space within 400m metres or five minutes’ walk from home.”

Ivanhoe Grammar School principal Gerard Foley said the decision to restrict public access was made on the basis of student safety.

“Student safety continues to be a priority for Ivanhoe Grammar School, and the legislative requirements in this area have been strengthened even further in recent times, this includes ensuring that all visitors onsite meet child safety standards,’’ Mr Foley said.

“The school will continue to work with council and the community in good faith on all issues pertaining to local issues.”

Ivanhoe resident Kevin Bagini said he believed the rights of residents in the area were important.

“I think more of the rights of the residents who live in the area… we should negotiate in future with the grammar school and do nothing until we come up with a better plan,” he said.

“The rights of the local residents to access in that area, that must stay.”

Fellow resident George Paras said the community had made many allowances for the prestigious school in the past and deserved some in return.

“Banyule council has bent over backwards over the years for Ivanhoe Grammar... surely (the school) could provide the citizens of Banyule with access to traditional walkways.”