REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MOONEE VALLEY PLANNING SCHEME AMENDMENT C114
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.
Moonee Valley City Council requested that the Minister for Planning exempt himself
from the notice requirements and prepare, adopt and approve an amendment to the
Moonee Valley Planning Scheme in accordance with section 20(4) of the Planning
and Environment Act 1987 (the Act) to apply an interim Heritage Overlay to land at 68
Napier Crescent, Essendon, following a request to demolish the building at 68 Napier
Crescent, Essendon under Section 29A of the Building Act 1993.
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 C114 to the Moonee Valley 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.
Council has undertaken a review of existing heritage precincts in Moonee Valley.
The Review of HO Precincts Report 2011 by David Helms and was adopted by
Council in April 2011. The Report provides a review of existing heritage precincts and
makes recommendations for further inclusions based on the significance of buildings.
6.
In May 2011 Council requested that the Minister authorise Council to prepare
Amendment C109 to the Moonee Valley Planning Scheme. Amendment C109
proposes to give affect to the recommendations of the Review of HO Precincts
Report 2011.
7.
Council has received an application for demolition of the building at 68 Napier
Crescent. This property has been assessed as having heritage significance in the
Review of HO Precincts Report 2011.
8.
As a result of the request to demolish the building at 68 Napier Crescent, Essendon,
under Section 29A of the Building Act Council has requested that an interim Heritage
Overlay be applied to 68 Napier Crescent, Essendon to ensure that any demolition
and/or development works do not adversely affect its heritage significance whilst
Council pursue permanent heritage controls through Amendment C109 to the
Moonee Valley Planning Scheme.
BENEFITS OF EXEMPTION
9.
Council requested that interim heritage controls be applied to 68 Napier Crescent,
Essendon following a request to demolish the building at 68 Napier Crescent,
Essendon under Section 29A of the Building Act. The benefit of the exemption is that
heritage controls can be applied to 68 Napier Crescent, Essendon and this will
ensure that any proposal to demolish or redevelop the building can proceed whilst
ensuring consideration of the possible impacts on the heritage significance of the
heritage precinct HO3.
10. An application for a demolition permit made under s29A and 29B of the Building Act
1993 is suspended until a decision is made regarding the interim control request.
11. Without the approval of interim a Heritage Overlay to the land at 68 Napier Crescent,
Essendon it is likely that the building would be demolished before the process for
Amendment C109 has been completed impacting on the heritage significance of
precinct HO3.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. The effect of the exemption is that third parties will not have an opportunity to make a
submission or be heard by a Panel in relation to the amendment.
13. Council has requested and is in support of the application of an interim Heritage
Overlay.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
14. The benefits of the exemption outweigh the effect on third parties in that heritage
controls can be applied immediately. Not with standing this, there will be opportunity
for third parties to comment on permanent controls during the exhibition process for
Amendment C109 so the effect on third parties as a result, this exemption is
considered insignificant given the opportunities to third parties through Amendment
C109.
15. 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
16. 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 C114 to the Moonee Valley Planning Scheme.
REASONS FOR INTERVENTION
17. The Ministerial Powers of Intervention in Planning and Heritage 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.
18. Acting under delegation from the Minister, am satisfied that in the interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 The Amendment is required to ensure that any proposed works and or
demolition to the building at 68 Napier Crescent, Essendon will not adversely
affect the heritage significance of Heritage Place (HO3) whilst Council pursue
permanent heritage controls through Amendment C109 to the Moonee Valley
Planning Scheme.
Signed by the Delegate
David Hodge
Executive Director
State Planning Services and Urban Development
Date: 13 October 2011