REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
KINGSTON PLANNING SCHEME AMENDMENT C120
The Planning and Environment Act 1987, the Heritage Act 1995 and the Victorian Civil
and Administrative Tribunal Act 1998 provide for the intervention of the Minister for
Planning in planning and heritage processes.
REQUEST FOR INTERVENTION
1.
The Department of Transport has requested the Minister for Planning to utilise his
powers under section 20(4) of the Planning and Environment Act 1987 (the Act) to
exempt himself from the notice requirements and prepare, adopt and approve
Amendment C120 to the Kingston Planning Scheme to make corrections to the
boundaries of land identified for the Westall Station upgrade project.
2.
The Department of Planning and Community Development seeks to make minor
administrative corrections to the Kingston Planning Scheme.
WHAT POWER OF INTERVENTION IS BEING USED?
1.
Under delegated authority from the Minister for Planning I have decided to exercise
the power to exempt the Minister from all the requirements of sections 17, 18 and 19
of the Planning and Environment Act 1987 and the regulations in respect to
Amendment C120 to the Kingston Planning Scheme.
2.
Section 20(4) of the Planning and Environment Act 1987 enables the Minister for
Planning to exempt an amendment which the Minister prepares from any of the
requirements of sections 17, 18 and 19 of the Act or the regulations.
3.
In seeking to exercise this power, section 20(4) of the Act requires that the Minister
must consider that compliance with any of those requirements is not warranted or that
the interests of Victoria or any part of Victoria make such an exemption appropriate.
BACKGROUND
4.
In June 2009, Amendment C104 to the Kingston Planning Scheme applied Road
Closure Overlays over two parcels of land and rezoned three parcels of land to a
Public Use Schedule 4 Zone (Transport purposes).
5.
Amendment C104 facilitated the Department of Transport’s Westall Station Upgrade
Project which has involved work within the Dandenong rail corridors to improve rail
reliability and reduce crowding on this busy line. The project comprised the
construction of a third track between Centre Road and Springvale Road, a significant
upgrade to Westall station including a third platform, 80 extra car spaces and
improvements to passenger facilities, safety and accessibility.
6.
The land has since been acquired from Kingston City Council and the project is
complete and operational with two new commuter car park areas and a new station
entrance with lift and stairs.
7.
A detailed survey undertaken by the Department of Transport has revealed slightly
different areas than initially identified for the purpose of the Westall station upgrade
project in Amendment C104.
8.
Amendment C120 will allow the land transfer to the Director of Public Transport at the
Land Registry, and making minor corrections to the completed Westall Rail Upgrade
Project by:




9.
Rezoning an area of land from part Industrial 1 Zone and part Road Zone
Category 1 to a Public Use Zone 4;
Rezoning a strip of land between Rayhur Street and the railway line from Road
Zone Category 2 to a Public Use Zone 4;
Rezoning a parcel of land to be developed for a stair and lift access to the new
Westall Station overpass from the Residential 1 Zone to the Public Use Zone 4
and removes the Development Plan Overlay 4 from the same parcel of land;
Appling the Road Closure Overlay over two road parcels to enable future use for
railway purposes.
Amendment C120 also makes two minor administrative corrections at Clause 61.03
of the Kingston Planning Scheme.
10. An audit has revealed a number of map schedule errors in a large number of planning
schemes. Therefore, this amendment also seeks to rectify two typographical errors at
Clause 61.03 of the Kingston Planning Scheme.
BENEFITS OF EXEMPTION
11. The main benefit of exemption is that it will enable a prompt decision to be made on
the adoption and approval of the amendment.
12. The amendment will contribute to the fair and orderly development of land in
accordance with section 4 of the Act by ensuring that appropriate planning controls
apply to the land to reflect its use and ownership.
13. The amendment is consistent with:





The objectives of planning in Victoria as outlined in section 4(1) of the Planning
and Environment Act 1987.
The Metropolitan Strategy which recommends improving the operation of the
planning system.
The Advisory Note: A protocol for fast tracking amendments.
The Ministerial Direction on the Form and Content of Planning Schemes under
section 7(5) of the Act.
The Victoria Planning Provisions by including land used for public transport
purposes in the Public Use Zone 4 – Transport and placing a Road Closure
Overlay on land required to facilitate the use of land for public transport services.
EFFECTS OF EXEMPTION ON THIRD PARTIES
14. The effect of the exemption will be that third parties will not have the opportunity to
make a submission or be heard by an independent panel in relation to this
amendment.
15. The amendment is unlikely to have any detrimental impact on third parties as
Department of Transport, which owns the land, has requested the amendment with
the support of the Council.
16. As the amendment modifies existing controls based on land use and ownership, it is
unlikely the outcome of the amendment would change if it were to go through a public
exhibition process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
17. Given the benefits the amendment will have by accurately applying the current
planning controls, it is considered that the impact on third parties will be negligible.
18. Accordingly I, acting under delegation from the Minister, consider that the benefits of
exemption from sections 17, 18 and 19 of the Act outweigh any effects of the
exemption on third parties.
DECISION
19. Under delegated authority from the Minister for Planning I have decided to exercise
the power to exempt the Minister from all the requirements of sections 17, 18 and 19
of the Planning and Environment Act 1987 and the regulations in respect of
Amendment C120 to the Kingston Planning Scheme.
REASONS FOR INTERVENTION
20. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note I provide the following reasons for my decision under delegated
authority to exercise the power under section 20(4) of the Planning and Environment
Act 1987.
21. I, acting under delegation from the Minister, am satisfied that Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the
regulations is not warranted
because:
 The amendment is consistent with:

The objectives of planning in Victoria as outlined in section 4(1) of the Planning
and Environment Act 1987.

The Metropolitan Strategy which recommends improving the operation of the
planning system.

The Advisory Note: A protocol for fast tracking amendments.

The Ministerial Direction on the Form and Content of Planning Schemes under
section 7(5) of the Act.

The Victoria Planning Provisions by including land used for public transport
purposes in the Public Use Zone 4 (Transport purposes) and placing a Road
Closure Overlay on land required to facilitate the use of land for public
transport services.
 Kingston City Council supports the amendment.
 The matter raises issues of fairness or public interest
inconsequential corrections are required.
Signed by the Delegate
David Hodge
Executive Director
State Planning Services and Urban Development
Date: 17 January 2012
where simple