REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MONASH PLANNING SCHEME AMENDMENT C97
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.
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.
The Roads Corporation (VicRoads) 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 C97 to the Monash Planning Scheme.
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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C97 to the Monash Planning Scheme.
3.
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.
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.
The amendment applies to part of the EastLink Freeway, part of Police Road and
private property within the Monash City Council boundary.
6.
More specifically, Amendment C97 to the Monash Planning Scheme:



Rezones part of the declared EastLink Freeway (part of parcel 389 on
SP21912) adjacent to Police Road, from Residential 1 Zone to Road Zone
Category 1 (RDZ1);
Rezones private property being part of Unit 1, 523 Police Road, Mulgrave
from Road Zone Category 1 (RDZ1) to Residential 1;
Deletes the redundant Public Acquisition Overlay Schedules 1 and 2 (PAO1
and PAO2) for land (part of parcels 389, 391 and 395 on SP21912) on map
24PAO; and

Removes the PAO2 from the Schedule to the Public Acquisition Overlay.
BENEFITS OF EXEMPTION
7.
The main benefit of the exemption is that it will enable a prompt decision to be made
on the adoption and approval of the amendment.
8.
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.
9.
The grant of the exemption creates consistency with State policy in terms of
removing redundant provisions through a fast track procedure and improving the
operation of the planning system.
10. The grant of the exemption also creates consistency with the Metropolitan Strategy in
terms of better planning decisions.
11. The amendment will remove redundant provisions and correct anomalies, ensuring
the efficiency and currency of the Monash Planning Scheme and thus assisting in
effective and efficient decision making.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. 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 the
amendment.
13. The amendment is unlikely to have any detrimental impact on third parties as the
amendment simply removes redundant planning controls and applies the appropriate
planning controls to reflect the status of the land.
14. The amendment gives effect to outcomes that have been reasonably considered by
VicRoads and Council has no objection to the amendment.
15. As the amendment removes redundant controls and applies the most appropriate
planning 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
16. It is unlikely that any further process, beyond VicRoad’s consultation with Council, will
bring to light any issues of substance which have not already been considered.
17. Given the benefits that would be delivered by the approval of Amendment C97
(removing redundant planning controls and applying the appropriate 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 C97 to the Monash Planning Scheme.
REASONS FOR INTERVENTION
20. 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:
.
State policy in terms of removing redundant provisions through a fast track
procedure and improving the operation of the planning system; and
.
The Metropolitan Strategy in terms of better planning decisions.

Monash City Council has no objection to the amendment.

The matter raises issues of fairness or public interest as anomalous provisions
apply and simple inconsequential corrections are required.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 8 November 2011