REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT
ACT 1987
WHITEHORSE PLANNING SCHEME AMENDMENT C163
The Planning and Environment Act 1987 (the Act), 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.
In exercising the Minister’s powers of intervention, including action taken under delegation from
the Minister for Planning, the Minister has agreed to:

Make publicly available written reasons for each decision; and

Provide a report to Parliament at least every twelve months detailing the nature of each
intervention.
REQUEST FOR INTERVENTION
1. On 29 April 2014, the City of Whitehorse requested that the Minister for Planning prepare,
adopt and approve Amendment C163 to the Whitehorse Planning Scheme using the powers
under section 20(4) of the Act to exempt the amendment from notice requirements.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
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 Act
and the regulations in respect to Amendment C163 to the Whitehorse Planning Scheme.
3.
Section 20(4) of the Act 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.
4.
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
5.
Whitehorse Amendment C163 applies interim heritage controls to 11 Shalimar Court,
Vermont South to prevent demolition of the property prior to permanent heritage controls
being considered.
6.
Identical controls are proposed to be introduced via a normal amendment process for
Amendment C164. The amendment has been exhibited and was considered by a Panel on 15
October 2014. A Panel report is expected to be released shortly.
7.
The interim controls are considered necessary while the permanent controls are considered
through the normal amendment process in order to prevent the demolition of the building
prior to consideration of permanent controls.
BENEFITS OF EXEMPTION
8.
The amendment will achieve objectives of section 4 of the Planning and Environment Act
1987 as it aims to conserve and enhance those buildings, areas or other places which are of
scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.
9.
The amendment will meet the objectives by ensuring that heritage controls apply in the
interim under Whitehorse Planning Scheme whilst Amendment C164 is processed to establish
whether permanent controls are appropriate.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. Whitehorse City Council has requested the amendment.
11. The opportunity for public consultation has occurred during the exhibition of Amendment
C164 which proposes to apply the heritage controls on a permanent basis.
12. The submissions and views of relevant parties with regards to permanent heritage controls
have been considered at an independent Panel.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON
THIRD PARTIES
13. It is considered appropriate to exempt the amendment from the normal notification
requirements of the Act, as the permanent controls will be considered through the normal
amendment process.
14. 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
15. 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 Act
and the regulations in respect of Amendment C163 to the Whitehorse Planning Scheme.
REASONS FOR INTERVENTION
16. I provide the following reasons for my decision under delegated authority to exercise the
power under section 20(4) of the Act.
17. 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 matter will introduce an interim provision and substantially the same provision is
also subject to a separate process of review, such as the introduction of permanent
planning controls in a planning scheme.
SIGNED BY THE DELEGATE
JIM GARD’NER
Executive Director
Statutory Planning and Heritage
Date: 14 February 2015