REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
CARDINIA PLANNING SCHEME AMENDMENT C203
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.
Brad Battin MLA, Member for Gembrook, on behalf of the owner (Mr Scott Hathaway)
of land at 20 Split Rock Road, Beaconsfield Upper (‘subject site’) has requested that I
intervene on this matter.
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 C203
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.
In 2003, Cardinia Planning Scheme Amendments VC18 and VC22, introduced the
Green Wedge Zone, the Rural Conservation Zone and Core Planning Provisions for
Metropolitan Green Wedge Land into the Cardinia Planning Scheme. These
amendments apply broadly to land within the Cardinia Planning Scheme and were
introduced to, amongst other things, conserve and enhance open rural and scenic
non-urban landscapes.
6.
The subject site is in the Rural Conservation Zone (RCZ) – Schedule 2. An
Environmental Significant Overlay – Schedule 1 and Bushfire Management Overlay
apply to the subject site.
7.
Clause 57 (Metropolitan Green Wedge Land) of the Cardinia Planning Scheme also
applies to the subject site, as it is located outside the Urban Growth Boundary.
8.
A planning permit was issued by the Cardinia Shire Council in 2004 for “the use and
development of the land for a dwelling and change of use to dependent persons unit
of existing dwelling” on the subject site (Planning Permit No. T030872).
9.
A second dwelling was built on the subject site, creating one dwelling and one
dependent persons unit (the existing dwelling), as provided for by the Planning
Permit. Both dwellings are used for accommodation purposes, as defined by clause
75.01 of the Cardinia Planning Scheme.
10. The current planning controls under the Cardinia Planning Scheme for Green Wedge
Land within the RCZ, prohibit the use of two or more dwellings on a single lot.
11. Amendment C203 will amend the schedule to clause 52.03 of the Cardinia Planning
Scheme to provide a site specific provision to allow the subject site to be used for two
dwellings. Specifically, Amendment C203 will allow the current dependent persons
unit on the subject site to be used as a dwelling. Given the use will still be for
accommodation purposes, the amendment is unlikely to cause detriment to
potentially affected landowners and occupiers.
BENEFITS OF EXEMPTION
12. The exemption allows for a site specific control to be introduced into the planning
scheme without delay, to permit the use of two dwellings on the subject site, subject
to the condition in the site specific control.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effects of exempting the amendment from the requirements of sections 17, 18
and 19 of the Act and the regulations is that third parties will not be notified of the
proposed amendment, nor will they be provided with an opportunity to make formal
submissions in relation to the amendments or to have those submissions considered
by a Panel.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. The subject site currently contains two buildings that are used for accommodation
purposes, as defined by clause 75.01 of the Cardinia Planning Scheme. One building
is used as a dwelling and the other is used as a dependant persons unit.
15. Amendment C203 will retain the subject site’s overall use, that is, for accommodation
purposes. Neither the nature, nor the intensity, of the subject site’s use will be
altered in a significant manner by Amendment C203.
16. As such, Amendment C203 is limited in its effect and it will not unreasonably impact
on nearby owners and occupiers, and therefore compliance with the requirements
under sections 17, 18 and 19 of the Act and regulations is not considered to be
warranted. The amendment does not grant approval for any additional works or
development on the subject site.
17. 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
18. 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 C203
to the Cardinia Planning Scheme.
REASONS FOR INTERVENTION
19. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
20. 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 amendment is of a
minor nature and gives effect to an outcome which is not expected to detrimentally
affect nearby owners and occupiers.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 9 October 2014