REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MONASH PLANNING SCHEME AMENDMENT C119
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 my powers of intervention, 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.
Monash City Council (council) has requested that I exempt myself from the notice
requirements under section 20(4) of the Act and prepare, adopt and approve
Amendment C119 to the Monash Planning Scheme to implement the reformed
residential zones.
2.
There was no request to update the planning scheme maps to reflect the introduction
of the reformed commercial zones.
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 Act and the regulations in respect to Amendment C119
to the Monash 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
Reformed residential zones
5.
Amendment V8 was gazetted on 1 July 2013 and introduced the Residential Growth
Zone, General Residential Zone and Neighbourhood Residential Zone into the Victoria
Planning Provisions. The residential zones have been reformed to simplify
requirements, allow a broader range of activities to be considered and better manage
housing growth.
6.
The reformed residential zones enable planning authorities to better specify strategic
locations where increased densities should be provided and to limit residential change
in areas where they wish to protect neighbourhood character, environmental and
other characteristics. Being able to specify areas that should be protected from
increased residential development mean that attributes that are highly valued by the
community for specific areas and supported by strategic work undertaken by planning
authorities can be given statutory effect in Victorian planning schemes.
7.
Councils have until 1 July 2014 to introduce the reformed residential zones into their
local planning schemes. Where councils have not finalised an amendment to
implement the reformed residential zones by 1 July 2014, the General Residential
Zone will be implemented to replace all land zoned Residential 1, 2 and 3.
8.
In response to these timeframes, council has adopted a two staged approach to the
implementation of the reformed residential zones with the first stage of
implementation (this amendment) involving a close translation of its existing
residential zones and policies. The second stage of implementation will be more
detailed and will be informed by council’s review/update of its Housing and
Residential Strategy.
9.
Amendment C119 to the Monash Planning Scheme (this amendment) is the first stage
of implementation and involves:

Applying the Neighbourhood Residential Zone (NRZ) to selected residential land in
Oakleigh which is affected by a Heritage Overlay on the basis that the built form
character of these areas is significant and is best translated to the NRZ.

Applying the Residential Growth Zone (RGZ) to the properties in Browns Road,
Clayton which are currently in the Residential 2 Zone.

Applying the General Residential Zone (GRZ) to the remaining residential land
across the municipality.

Translating the specific requirements of the existing Schedule to the Residential 1
Zone into Schedule 1 to the NRZ and Schedule 2 to the GRZ.

Translating the specific requirements of the existing Schedule to the Residential 2
Zone into Schedule 2 to the RGZ.
Reformed commercial zones
10. The Commercial 1 and Commercial 2 Zones (C1Z and C2Z) were introduced into the
Victoria Planning Provisions via Amendment VC100 which was gazetted on 15 July
2013.
11. In all cases, land zoned Business 1, Business 2 and Business 5 (B1Z, B2Z and B5Z)
was converted to the C1Z while land zoned Business 3 and Business 4 (B3Z and B4Z)
was converted to the C2Z.
12. This amendment updates the planning scheme maps to reflect the introduction of the
reformed commercial zones by applying the “C1Z” annotation to all land currently
shown as “B1Z” and B2Z” and the “C2Z” annotation to all land currently shown as
“B3Z” and “B4Z”.
BENEFITS OF EXEMPTION
13. 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 which will allow, without delay:

A close translation of council’s existing residential zones and policies into the
reformed residential zones, and

An update of the planning scheme maps to reflect the introduction of the
reformed commercial zones.
14. The exemption will enable the amendment to be gazetted promptly, allowing council
to apply the reformed residential zones and update the commercial zone mapping,
and providing for the fair, orderly, economic and sustainable use and development of
land and balancing the present and future interests of all Victorians.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of the exemption is that third parties will not receive notice of the
amendment and will not have the opportunity to make a submission or be heard by
an independent panel in relation to the amendment.
16. The amendment is a close translation of council’s existing residential zones and
policies, and an update to the planning scheme maps to reflect the reformed
commercial zones. The changes introduced by the amendment are unlikely to have
any adverse impacts on landowners or third parties. Placing the amendment on public
exhibition, with a potential panel hearing, is not likely to give rise to a different
outcome than proposed by this amendment given council’s obligation to implement
the reformed zones by 1 July 2014.
17. Council has requested the amendment to implement the reformed residential zones
and is supportive of both the amendment and the exemption.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
18. The amendment is a close translation of council’s existing residential zones and
policies, and an update to the planning scheme maps to reflect the reformed
commercial zones. The changes introduced by the amendment are unlikely to have
any adverse impacts on land owners or third parties.
19. Council’s second stage of implementation of the reformed residential zones will be
more detailed and will be informed by council’s review/update of its Housing and
Residential Strategy. Council has determined to prepare a separate amendment to
the Monash Planning Scheme to implement any updated Housing and Residential
Strategy following comprehensive community consultation. This amendment would
seek to introduce further zone and schedule changes intended to achieve any
identified outcomes of an updated Housing and Residential Strategy.
20. 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 Act and the regulations in respect of Amendment C119
to the Monash Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
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:

The application of the reformed residential zones is based on council’s existing
residential zones and policies. The changes introduced by the amendment are
unlikely to have any adverse impacts on land owners or third parties.

The update to the planning scheme maps to reflect the reformed commercial
zones does not change the zone of the land but provides clarity by accurately
showing the zoning changes introduced via Amendment VC100.

Placing the amendment on public exhibition, with a potential panel hearing, is not
likely to give rise to a different outcome than proposed by this amendment

The amendment to implement the reformed residential zones has been requested
by council.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 22 May 2014