REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
FRANKSTON PLANNING SCHEME AMENDMENT C94
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. On 21 February 2014 Frankston City Council wrote to the Minister for Planning
requesting he use the power under section 20(4) of the Act to rezone two parcels of
land at 15 Alpina Street, Frankston North from a Public Park and Recreation Zone to
General Residential Zone – Schedule 2 (Frankston North).
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 C94 to the Frankston
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.
A land exchange between the Minister for Conservation and Environment, Frankston
City Council (council) and the Coptic Orthodox Church, Diocese of Melbourne (the
Church) occurred in 2005 to reflect the existing occupancies. However rezoning of
the land did not occur at this time and the land privately owned by the Church was
retained in a Public Park and Recreation Zone (PPRZ). The rest of the Church’s land
is in a Residential 1 Zone (R1Z).
6.
The Church operated the St Anthony’s Coptic Orthodox College from the site until
2012 and now intends to sell the land.
7.
The land is no longer in public ownership so it should be rezoned to a more
appropriate zone.
8.
Amendment C95 to the Frankston Planning Scheme seeks to introduce the reformed
residential zones into the Frankston Planning Scheme and was exhibited from 31
October 2013 to 13 December 2013. The amendment is scheduled to be considered
by a Panel in March 2014. Amendment C95 seeks to include the land surrounding
the subject site in a General Residential Zone – Schedule 2 – Frankston North
(GRZ2).
9.
Amendment C94 rezones the two parcels of 15 Alpina Street, Frankston North, owned
by the Church from PPRZ to GRZ2 to reflect the proposed zoning under Amendment
C95.
BENEFITS OF EXEMPTION
10. The amendment achieves the objectives of Section 4 of the Act by providing for the
fair and orderly use and development of land by removing land in private ownership
from a public use zone and including it in a more appropriate zone.
11. The exemption enables a prompt decision on an amendment which will improve the
operation of the Frankston Planning Scheme.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. The impact on third parties is that they will be unable to make a submission on the
amendment and have their submissions heard by an independent Panel. However
the effects on third parties is likely to be minimal as the land will be rezoned to a
similar zoning as that which applies to the rest of the school and the surrounding
area.
13. The views of the owners of the land and council are known and they both support the
amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. The potential effects of the exemption on third parties is likely to be negligible as the
amendment includes privately owned land in a residential zone – similar to the rest of
the land owned by the Church.
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
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 C94 to the Frankston
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:
 Inappropriate provisions apply and a simple inconsequential correction is
required.
SIGNED BY THE DELEGATE
PAUL JARMAN
Acting Director
Planning Statutory Services
Date: 30 April 2014