Residents’ groups say Supreme Court decision paves the ways for similar actions by other schools

Our Lady of Sion College’s Supreme Court win to extend its campus into a heritage-protected street has raised concerns it will set a “dangerous” precedent.

A house at 12 Graham Place, Box Hill, will be used by Our Lady of Sion College for administration or sporting purposes.

In a decision dubbed “terrifying” by residents’ groups, the Supreme Court has allowed a Box Hill school to extend its campus into a heritage-protected suburban street.

Our Lady of Sion College was granted the right to modify a single-resident covenant dating back to 1910 enabling a house at 12 Graham Place, Box Hill, to be used by the school for administration or sporting purposes.

Justice Matthews ruled that “an additional lot being used for educational purposes is not likely to significantly change the impact of the College on the neighbourhood”.

The decision was not opposed by Box Hill locals, but other residents’ groups say it paves the ways for similar actions by other schools.

Our Lady of Sion College will extend its campus into a heritage-protected suburban street. Picture: Google Maps

The college is one of dozens of schools planning new campuses or pursuing expansion plans into nearby residential areas. While schools such as Haileybury College and Korowa Anglican Girls’ School are still battling to get planning permission for major new developments in light of fierce local objections, many others have had projects quietly given the green light by the Planning Minister.

Since December, schools such as Brighton Grammar, Yarra Valley Grammar, Geelong Grammar and Caulfield Grammar have had major projects given planning approval.

Under recent decisions, Grovedale will be the site of new school campuses for St Joseph’s Flexi Learning run by Edmund Rice and there will be a new Hester Hornbrook Academy site in Werribee.

Firbank Grammar is also in the process of getting permission for two projects at both their junior and senior campuses, including a new sports hall in Sandringham.

Mentone Grammar is seeking permission to partially demolish buildings in a heritage overlay area along Venice St and construct the multimillion Centenary Building.

A design of what Mentone Grammar’s Centenary Building will look like.

Michael Coates, a member of a group fighting the expansion of Caulfield Grammar, said the Supreme Court’s decision about Graham Place “will terrify every beneficiary of a restrictive covenant pertaining to any property now owned, or yet to be acquired, by a private school”.

“This decision sets a very dangerous potential precedent for residents in the Dorrington Estate, Glen Iris, with three private schools within its boundaries,” he said.

Gary Crocker, a member of the Castlefield Estate protection group in Hampton, said residents and councils were now often bypassed by schools are other developers.

“These decisions are disgusting from a ratepayer and residents’ perspective,” he said.

Lawyer Nick Duggal, partner at Moray & Agnew, said Melbourne private schools were “locked in a facilities ‘arms race’, which has driven a voracious demand to acquire land and extravagantly upgrade existing campuses.

“Schools need to be wary of any cultural or safety issues between their students and nearby neighbours, or the galvanising of a collective of neighbours to resist school expansion and planning applications,” he said.

A spokesman for Our Lady of Sion College said the school “complies with all legal and town planning requirements and acts responsibly in relation to all aspects of its operations”.