Ecovillage Currumbin residents and Ashton’s Place childcare centre in footpath feud

Residents fear ‘someone will die’ after a childcare centre fenced across pedestrian footpaths following a neighbourhood dispute.

Currumbin Valley residents fear “someone will die” after a childcare centre fenced across pedestrian footpaths following a neighbourhood dispute.

Ecovillage Currumbin residents said they were forced to walk on the busy Village Way road after Ashton’s Place childcare centre withdrew public access to footpaths on its land, describing any use as an “actionable trespass”.

Ashton’s Place Limited is a registered not-for-profit charity supporting children and families with autism and was founded by director Viryan Collins-Rubie, wife of businessman Eddy Groves, after their son was diagnosed with autism.

Mr Groves was once deemed one of Australia’s richest people but his ABC Learning Centres childcare empire crashed in a $2 billion heap, with Mr Groves declaring bankruptcy in 2013 owing nearly $23 million. He emerged from personal bankruptcy three years later.

His wife Ms Collins-Rubie formed Ashton’s Place Limited in 2018, with fellow director and treasurer Nathan Gordon stating in a letter sent to Ecovillage residents that the company had blocked access to footpaths after the centre’s proposal to dedicate common property was rejected.

Ecovillage Currumbin residents trying to walk around the construction. Photo: Supplied

Mr Gordon said public use of the private land was considered a “significant liability risk” by the centre’s insurer and it was “disappointing” that the dedication of land was rejected in order to “extract some financial concessions” from Ashton’s Place Limited.

Dedicating the land could mean that residents, through the Body Corporate, become financially responsible for the creation and maintenance of footpaths rather than Ashton’s Place.

According to the Australian Charities and Not-for-profits Commission (ACNC), Ashton’s Place Limited holds net assets of more than $20 million.

“The private land will now be fenced and converted to private use,” said Mr Gordon.

“The implied permission to use the footpaths and Village Green … is withdrawn and access to those areas will be an actionable trespass.

“Appropriate fencing will be installed and use of lot 14 (including area surrounding the fig tree in the Village Centre, pedestrian pathways, foot bridge access from Currumbin Creek Road and all lot areas extending to Village Way) will be restricted to Ashton’s Place clients and their families.”

A number of residents, who did not wish to be named, submitted images of pedestrians, including people on crutches and mothers with prams, walking on the road and said that cars often “flew around the corner” from Currumbin Creek Road.

“Someone is going to die,” said one resident.

Ecovillage Currumbin residents and Ashton’s Place childcare centre in footpath feud. Photo: Supplied

“It’s been four months of this and they are putting up more fences. Surely it’s worse if they force pedestrians into oncoming traffic and they get hit by a car than if they twist an ankle on a footpath owned by the kindy?”

Ashton’s Place also removed the Ecovillage entry statement, including a water tank and 100-year-old windmill, a move which Ecovillage founder Kerry Shepherd described as “heartbreaking”.

Ms Shepherd and husband Chris Walton, who was tragically killed after an awning collapsed suddenly on top of him at Burleigh Heads in 2012, created the hinterland residential estate which was renowned for winning international environmental awards.

The first home was completed in 2006 but the village’s commercial centre was taken over by the mortgagee after the GFC forced Ms Shepherd and Mr Walton to wind up their business.

Ms Shepherd said the destruction of the Ecovillage entry statement was unnecessary and spiteful.

“Not only did that entry statement include culturally significant items, but they were a tribute to what we achieved and what we meant to achieve at the Ecovillage,” she said.

“Sadly, since the sell-off of the commercial site, our masterplan has been bastardised.

“The sites have been over-developed to achieve more yield, they have changed the use and damaged both the aesthetic and the accessibility.

“Ashton’s Place should be responsible for creating and maintaining footpaths, they can’t just give it back to residents to make them pay for it.”

There is no suggestion that any of the actions taken by Ashton’s Place or its directors are unlawful in any way.

The Bulletin has contacted Ashton’s Plate Ltd and the area’s body corporate for comment.

Ecovillage Currumbin residents and Ashton’s Place childcare centre in footpath feud. Photo: Supplied

Originally published as Ecovillage Currumbin residents and Ashton’s Place childcare centre in footpath feud