REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
KNOX PLANNING SCHEME AMENDMENT C99
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, in accordance with the Ministerial Powers of Intervention in
Planning and Heritage Matters Practice Note, 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. In June 2009, Knox City Council wrote to the Minister for Planning requesting an
amendment under S20(4) of the Planning and Environment Act 1984 (the Act) to
correct zoning anomalies and remove redundant provisions to improve the
operational efficiency of the Knox 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 C99 to the Knox 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 Advisory Note, A protocol for fast tracking amendments, March 2007, identifies
several instances where it is appropriate to rely on the provisions of Section 20(4) of
the Act to exempt an amendment from notice. These circumstances include
removing an overlay that is no longer required, rezoning land that is no longer in
public ownership from a public use zone where the replacement zoning is clear, and
rezoning land in public ownership to a public use zone.
6.
One of the sites to be rezoned to a public use zone is outside the Urban Growth
Boundary and within the Green Wedge. While this property will be managed by a
public authority, an incorporated document has been included as part of Amendment
C99 to ensure that the current planning controls, which prevent green wedge land
being subdivided into more or smaller lots, are not altered or removed from this site
when it is rezoned.
7. The incorporated document will ensure the subdivision controls applying to green
wedge land will be retained.
BENEFITS OF EXEMPTION
8.
The Amendment is consistent with the objectives of the Act in that it will provide for
the proper and orderly planning of the area by removing redundant provisions and
ensuring land in public ownership is included in an appropriate zone.
9.
It is beneficial to remove redundant provisions to ensure the intent of the planning
scheme is accurate and up-to-date.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The amendment will not have any effect on third parties as it is removing redundant
provisions, correctly zoning land that is in public ownership and making a translation
of subdivision controls applying to green wedge land.
11. The views of Council, Parks Victoria and Melbourne Water are known.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
12. The amendment removes redundant provisions and will have no impact on third
parties.
13. The amendment will improve accuracy and operational efficiency of the Knox
Planning Scheme.
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
13. 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 C99 to the Knox Planning Scheme.
REASONS FOR INTERVENTION
14. 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.
15. 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 planning controls are redundant or policy neutral changes and an
inconsequential correction is required.
 Placing the amendment on formal exhibition, with a potential panel hearing, is
not likely to give rise to a different outcome than that contained in Amendment
C99 to the Knox Planning Scheme.
Signed by the Delegate
David Hodge
Executive Director
State Planning Services and Urban Development
Date: 31 August 2011