The long-running standoff between Alphington Grammar School and Yarra City Council has escalated, with contractors moving in last weekend to demolish the school’s front gates and wall on Old Heidelberg Road – a barrier the school says has protected its students for more than 70 years.

The council acted during the school holidays to remove the structure, which it claims was illegally constructed across a disused section of Old Heidelberg Road that leads towards Darebin Creek.

Council says the move restores public access to an area adjoining the Darebin Creek Trail, ending a battle that began when the school fenced off the road in 2019.

According to The Age, Yarra Mayor Stephen Jolly described the demolition as a “win for the community”, saying more than 270 submissions to a council consultation backed reopening the road.

Pedestrian access to that part of the road through the school has always been possible outside of the COVID lockdown period. Photo: Supplied

He said works would soon begin on a pedestrian crossing and plans for a safe pathway to the Darebin Creek Trail.

“This has been a long-term problem between the council and community on the one hand and the school on the other, but it’s over now,” Cr Jolly said. “It’d be great to work together to deal with the new reality.”

But Alphington Grammar principal Dr Vivianne Nikou has rejected claims the matter is settled, insisting the school is still pursuing legal avenues.

In a letter to parents, she said she was “greatly disappointed” by the demolition and accused council of acting outside proper governance processes.

“The wall and gate were first installed in 1954 after the then City of Heidelberg granted the Christian Brothers a licence for the closure of the road for school use,” Nikou wrote.

“Council has now acknowledged that the land is in fact Crown land, not Council land. Despite this, they assert they still have the power to act under the Local Government Act.”

The school argues that council had no authority under the Road Management Act to rescind the long-standing lease and that its lawyers’ pleas for due process were ignored.

There are arguments that if the road in Alphington is a Crown Road, then the state government is to intervene.
Brighton Grammar had a similar issue with a road in the 1960’s. The state government passed an act of Parliament abolishing the road and leaving a footpath – the Brighton (Cramer St) Land Act 1962.

Nikou also raised safety concerns for students who must now cross Old Heidelberg Road.

“The School’s lawyers, only on Friday, pleaded with the Council not to proceed but to let due process proceed to establish the legal status of the Crown Land. The request was ignored and the child safety gate was demolished,” Nikou said. Photo: Supplied

“Please rest assured the school is continuing to enact measures to protect your children … but parental support and reinforcement will be vital,” she told families.

The school, which is owned by the Greek Community of Melbourne, has accused council of refusing to meet with its leadership or the community to discuss alternatives.

It also points to more than 4000 signatures collected in opposition to the demolition, far outstripping the council’s own consultation figures.

“Council is prepared to spend some $500,000 of public money to begin works on opening up a road that leads to nowhere,” Nikou said, noting that when the Darebin Creek Trail was built in 2018, the state government itself declined to provide a direct access point from Alphington, citing safety reasons.

While council has promised a pedestrian crossing for students moving between school facilities on either side of the road, the principal said uncertainty remained about whether a safety supervisor would be in place next term.

While the gates may be gone Alphington Grammar says its fight is far from over.