REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
BASS COAST PLANNING SCHEME AMENDMENT C116
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 my powers of intervention, in accordance with the Ministerial Powers of
Intervention in Planning and Heritage Matters Practice Note, I have 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 Bass Coast Shire Council has requested this intervention to implement the
requirements of the Wonthaggi Strategic Framework Plan for commercial land in
Wonthaggi.
2.
The rezoning of land within the north east growth area from Farming Zone to
Business 4 Zone and Industrial 1 Zone will address the shortage of commercial and
industrial land in Wonthaggi.
3.
The variation to and application of the Development plan Overlay - Schedule 21 will
ensure development is in accordance with the Wonthaggi north-east growth area
Development Plan which is a reference document within the Bass Coast Planning
Scheme.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
I have decided to exercise my powers to exempt myself from all the requirements of
sections 17, 18 and 19 of the Planning and Environment Act 1987 and the
regulations in respect to Amendment C116 to the Bass Coast 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. Prior to making my decision, I have required consultation on the
Amendment with land holders under section 20(5) of the Act.
BACKGROUND
5.
Bass Coast Shire Council, in a letter received on 4 February 2011, requested
Ministerial intervention in preparing, adopting and approving Amendment C116 to the
Bass Coast Planning Scheme, utilising the powers under section 20(4) of the Act.
6.
Wonthaggi currently has no vacant Industrial 1 Zone land and limited vacant
Business 4 Zoned land. Council has requested this intervention to provide sufficient
supply of appropriately zoned land to meet Wonthaggi’s future industrial and
commercial land requirements.
7.
Amendment C116 to the Bass Coast Planning Scheme affects land within the northeast growth area of Wonthaggi.
8.
The amendment rezones approximately 29 hectares of land to Business 4 Zone and
18 hectares to Industrial 1 Zone. The land is located within the Wonthaggi north-east
growth area. The amendment also applies the Development Plan Overlay – Schedule
21 over all land being rezoned.
BENEFITS OF EXEMPTION
9.
The amendment achieves the objectives of section 4 of the Act by providing for the
fair, orderly and sustainable use of the land.
10. The Amendment facilitates development which achieves the objectives of planning in
Victoria and planning objectives set up in planning schemes
EFFECTS OF EXEMPTION ON THIRD PARTIES
11. Third parties have been consulted regarding the proposed amendment through public
exhibition when the Wonthaggi Strategic Framework Plan was introduced into the
Bass Coast Planning Scheme as part of Planning Scheme Amendment C113.
Subsequent consultations were undertaken regarding changes made by this
Amendment under section 20(5) of the Act.
12. All matters raised through submissions to this Amendment have been adequately
addressed by Council with submitters subsequently withdrawing their concerns or
objections. A Panel was therefore not needed.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
13. Bass Coast Shire Council has undertaken extensive consultation regarding this
Amendment. The form of this Amendment has been modified in order to address the
concerns of third parties.
14. Accordingly, I consider that the benefits of exempting myself from sections 17, 18
and 19 of the Act outweigh any effects of the exemption on third parties.
DECISION
13. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Planning and Environment Act 1987 and the
regulations in respect of Amendment C116 to the Bass Coast 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 to exercise my
power under section 20(4) of the Planning and Environment Act 1987.
15. I 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:


Criterion 2 - The matter will give effect to an outcome where the issues
have been reasonably considered and the views of affected parties are
known;
Criterion 4 - The matter will raise issues of fairness or public interest,
where: there is a need for urgency and the public interest would be served
by immediate action.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 9 March 2011