REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
CARDINIA PLANNING SCHEME AMENDMENT C178
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 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. Cardinia Shire Council has requested the Minister exempt himself from the notice
requirements and prepare, adopt and approve Amendment C178 to the Cardinia
Planning Scheme under section 20(4) of the Planning and Environment Act 1987.
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 Act and the regulations in respect to Amendment C178 to the Cardinia
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
5.
Cardinia Amendment C178 is required to fix up a number of zoning and overlay
mapping errors identified over time by council officers and landowners.
6.
The amendment rezones seven properties from the Public Use Zone to a zone
appropriate reflecting their private ownership, rezones one from Public Use Zone 6 to
Public Use Zone 4, removes the Heritage Overlay from three properties to which the
overlay no longer applies and removes the Heritage Overlay from a property to which
is was incorrectly applied and applies it to the correct property.
7.
Consultation has occurred with relevant landowners and government authorities
regarding the changes. They have all provided support for the amendment.
BENEFITS OF EXEMPTION
8.
The amendment corrects various minor errors and anomalies in the Cardinia Planning
Scheme, including rezoning land to its correct zone and removing redundant zones.
9.
It is beneficial to correct errors and anomalies within the planning scheme to ensure
that controls in the Cardinia Planning Scheme are accurate.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The amendment will not have any effect on third parties as it is updating planning
scheme maps and ordinance where the valid intent of the Scheme is clearly evident
and changes are simple and inconsequential.
11. Cardinia Shire Council requested the amendment to improve the operation and
accuracy of its planning scheme.
12. The effect of this amendment is unlikely to be changed if it were to go through public
exhibition and a potential panel hearing.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
13. The amendment updates the planning scheme maps and ordinance by correcting
mapping errors and anomalies and removing redundant provisions without effect on
third parties.
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 Act and the regulations in respect of Amendment C178 to the Cardinia
Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
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:
 Anomalous provisions apply, the valid intent is clearly evident and simple
inconsequential changes are required.
SIGNED BY THE DELEGATE
CATHY PHILO
Acting Director
Planning Statutory Services
Date: 3 September 2014