Correcting the record: proposed sale and rezoning of Windsor land

Swinburne University of Technology has three Australian campuses: Hawthorn, Croydon and Wantirna.  

Swinburne no longer has a campus or core business activity in the Prahran/Windsor area. As a result, Swinburne is seeking to divest from its investment property holding at 131-133 Union Street, Windsor. The current tenant of this property is Windsor Community Children’s Centre (WCCC).  

Victorian planning policies require divestment where a holding does not contribute to current or future service delivery outcomes. As a result, Swinburne is seeking to proceed with a sale, the proceeds of which will go to educating our tens-of-thousands of higher education and vocational education and training students as well as advancing our world-leading research in areas like sustainability, medical technology and space.

State Government departments and the City of Stonnington were offered the opportunity to purchase the land, but all declined. As such, Swinburne is required to seek rezoning of the land ahead of a sale on the open market.

We recognise community and political interest in this site and support the federal, state, and local governments coming together to provide childcare services, as it is their responsibility. However, persistent misinformation is circulating, including confusion regarding Swinburne’s role and actions in this issue. A list of claims and relevant facts can be found below, as can Swinburne’s current position.

We urge all interested parties to direct their energy towards working together to find a solution for the community.  

Claim: WCCC was issued an eviction notice by Swinburne University last year. 

Fact: Swinburne notified WCCC of our intention to end the lease in January 2023, close to three years ahead of its expiry at the end of 2025. 

This is in addition to informing WCCC in 2021 that the University was undertaking a strategic review of this investment property, and that the investment property was likely to be surplus to needs.

Swinburne was in contact repeatedly with the Board Chair of WCCC and offered to meet, however these requests were turned down.

Claim: Swinburne is not required to sell the land. 

Fact: Under Victorian planning policies, Swinburne is required to divest from land that does not contribute to current or future service delivery outcomes expected of an agency. Swinburne is a tertiary education provider with no campus or core business activity in Prahran, which has led to the pursued divestment. 

These policies require the land first be offered for sale according to the First Right of Refusal (FROR) process. This process was followed and no eligible buyer was identified, including the City of Stonnington. 

Claim: Swinburne was “gifted” the site. 

Fact: Prior to the transfer of ownership in 2013, Swinburne had met the costs of operating the buildings and invested in the campus for many decades. Following this transfer, we have continued to meet these costs. 

Claim: Swinburne University can be compelled by the State Government to sell for a lower amount than the valuation. 

Fact: This property is covered by the Victorian Land Transaction Policy and as such the Minister cannot compel Swinburne to sell for less than market value. 

Claim: Swinburne University wants to rezone the site away from education to build a five-story multi-purpose precinct on the currently low-rise site. 

Fact: Swinburne is not seeking to build a five-story multi-purpose precinct on the site – it is seeking to fulfil its obligations by rezoning the site from Public Use Zone Education (PUZ2) to Activity Centre Zone 1 (ACZ1). This rezoning is required to sell the land on the open market, as no eligible public buyer was found.  

This rezoning is also in line with the City of Stonnington’s Chapel Vision and Chapel reVision Structure Plan, along with our obligations. 

The zoning being sought does not preclude the site from being used for childcare purposes. This is an allowable activity under the re-zoning being sought. 

Claim: Swinburne is choosing not to sell the land to the State Government or Council. 

Fact: The City of Stonnington has not made a formal offer to purchase the site from Swinburne.  

On 19 January 2023, City of Stonnington advised Swinburne that it had reviewed the site against the Council’s current priorities and confirmed that Council did not have an interest as a potential purchaser of the property.  

Swinburne was further advised that there were long standing vacancies at other Council run childcare/kinder facilities servicing the community.  

In late 2024 Swinburne was in communication with the City of Stonnington and we advised them that we continue to be open to working with them to achieve a sale of the site. However, there has been no further engagement from them and no offer to purchase the site. The rezoning of the site does not preclude sale of the site to the City of Stonnington. 

Claim: The sale of this land will reduce childcare services in the area. 

Fact: There is nothing preventing the continuation of childcare at the site under a new owner and/or landlord should they wish. Childcare services can still be provided at the site if it is zoned under ACZ1, including by WCCC. This will be a matter for the new owner and the WCCC board.

The provision of childcare is the responsibility of local, state, and federal governments. We urge these parties to work together to find a solution that meets the needs of local families.

Swinburne’s responsibility is to provide tertiary education. The proceeds from this sale will go directly to educating tens of thousands of students in the community, along with advancing our world-leading research in areas like sustainability, medical technology and space.

Swinburne’s position on WCCC

Quotes attributable to a Swinburne spokesperson 

Swinburne is a tertiary education provider with no campus or core business activity in Prahran.  

 The Windsor Community Children’s Centre was informed of our intention to end its lease in January 2023, close to three years ahead of its expiry at the end of 2025.  

 The local, state and federal governments talked a lot about finding a solution, but talking does not deliver outcomes. They have a collective responsibility in providing childcare and must move from talking to acting, and work together to find a solution for the community.  

 Background 

In line with the Victorian Government’s Landholdings and Land Transactions Policies, land can only be retained where it contributes to the current or future service delivery outcomes expected of an agency. As this is not the case, Swinburne sought and obtained approval to divest the site. 

The Windsor Community Children’s Centre was informed of our intention to end its lease in January 2023, close to three years ahead of its expiry at the end of 2025. This is in addition to informing WCCC in 2021 that the University was undertaking a strategic review of this investment property and that the investment property was likely to be surplus to needs. 

 Despite the WCCC Board knowing since January 2023 that its lease would not be renewed when it expires at the end of 2025, they have continued to enrol children, something they must explain to the Centre’s families. 

 There is nothing preventing the continuation of childcare at the site under a new landlord should they wish. The re-zoning that the University is seeking is required to enable the University to divest the property given it was unable to find a public buyer. The new zoning being sought does not preclude the provision of childcare services being provided. We encourage the local, state and federal governments to focus their energy on working together towards this outcome.