REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
QUEENSCLIFFE PLANNING SCHEME AMENDMENT C26
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.
The Borough of Queenscliffe resolved on 26 March 2014 to request that I prepare,
adopt and approve Amendment C26 to the Queenscliffe Planning Scheme, with an
exemption from notice requirements, under section 20(4) of the Planning and
Environment Act 1987 (the Act), to implement the reformed residential zones into its
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 Act and the Regulations in respect to Amendment C26
to the Queenscliffe 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.
The Victorian State Government (the government) has a well-documented reform
agenda which it has made clear will be implemented by 1 July 2014.
6.
Following significant public consultation from 17 July 2012 to 28 September 2012, the
Reformed Zones Ministerial Advisory Committee considered the views of relevant
agencies in formulating its recommendations on the form and content of the
reformed residential zones. The government’s response to these recommendations
was published in March 2013. Publication of this agenda and timeframe for
implementation has been made available through multiple sources including media
releases, publications on the Department of Transport, Planning and Local
Infrastructure website, and particularly through the implementation of Amendment
V8.
7.
Amendment V8 was gazetted on 1 July 2013 and introduced the Residential Growth
Zone (RGZ), General Residential Zone (GRZ) and Neighbourhood Residential Zone
(NRZ) 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.
8.
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 whish 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.
9.
Councils have until 1 July 2014 to initiate amendments to convert residential land in
their municipalities to the new reformed residential zones. Where councils have not
finalised an amendment to implement the new residential zones by 1 July 2014, the
General Residential Zone will be implemented to replace all land in the Residential 1,
2 and 3 Zones.
10. The Queenscliffe Planning Scheme identifies five areas of significant urban character
in Clause 22.04 and other local provisions. Design and Development Overlay
Schedules (DDO) with built form controls, including height restrictions, apply to
protect these identified neighbourhood character areas. The areas are the Queenscliff
Heritage Area (DDO1 and DDO6), the Queenscliff Contributory Areas (DDO1), Point
Lonsdale Natural Coastal Areas (DDO4), Point Lonsdale Contributory Areas (DDO5)
and Foreshore Areas (DDO3).
11. Council has requested that the GRZ be applied to residential land in Point Lonsdale
included in DDO4 and DDO5, and that the NRZ be applied to residential land in
DDO1, DDO3 and DDO6.
12. As part of this amendment, the notations for commercial zones on the planning
scheme maps will be updated to align with the reformed commercial zones that were
introduced into the Victoria Planning Provisions by Amendment VC100.
BENEFITS OF EXEMPTION
13. The main benefit of the exemption is that it will enable a prompt decision on the
adoption and approval of the amendment.
14. Exempting Amendment C26 from the usual public notification and consultation
processes will enable the rezoning of the land to an appropriate reformed residential
zone without delay.
15. The exemption will allow the application of the GRZ and NRZ Schedules to identified
neighbourhood character areas and ensure the protection of these neighbourhoods
consistent with the current strategic intent and planning provisions of the
Queenscliffe Planning Scheme.
16. The exemption will avoid duplication of the consultation carried out by the Victorian
State Government during its review of Victoria’s planning zones. The focus of the
review was to ensure zones were functioning correctly and their schedules were still
relevant. The review included a 10 week consultation period on the draft residential
zones, which attracted over 900 submissions. Various government departments and
agencies were also consulted about the reformed zones. An appointed independent
advisory committee reviewed the submissions and provided recommendations on the
content and implementation of the new zones.
EFFECTS OF EXEMPTION ON THIRD PARTIES
17. The effects of exemption of the amendment from notice requirements is that third
parties will not have an opportunity to be formally notified of the amendment to
make submissions or to have their submissions considered by an independent
Planning Panel.
18. The changes introduced by the amendment are unlikely to have any adverse impacts
on landowners. 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 introduce the reformed residential zone by 1
July 2014.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
19. Substantial consultation occurred during the review of Victoria’s planning zones,
which included draft residential zones. The government has a clear agenda to reform
residential zones as evidenced by the introduction of Amendments V8 and VC100
gazetted on 1 and 15 July 2013 respectively.
20. The reformed zones for Victoria have been approved to better respond to presentday requirements and will give greater clarity about the type of development that can
be expected in any residential area.
21. Amendment C26 is consistent with the existing provisions that were introduced into
the Queenscliffe Planning Scheme as part of Amendment C7 in 2001, following public
exhibition and consideration by a panel.
22. The update to the planning scheme maps to reflect the reformed commercial zones
does not change the zone of the land and provides greater clarity by accurately
showing the zoning changes introduced via Amendment VC100.
23. The Queenscliffe Borough Council has requested that I undertake this amendment to
apply the reformed zones and the correct annotations on the maps for the
commercial zones.
24. 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
25. 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 C26
to the Queenscliffe Planning Schemes.
REASONS FOR INTERVENTION
26. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
27. 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 Victorian State Government has a clear agenda to reform residential zones
across all planning schemes as evidenced by the introduction of Amendment V8,
gazetted on 1 July 2013, and this amendment implements the reforms in the
Queenscliffe Planning Scheme.
 The amendment reflects the strategic intent of the existing scheme provisions that
were introduced into the Queenscliffe Planning Scheme as part of Amendment C7
in 2001, following public exhibition and consideration by an independent panel.
 The changes resulting from the rezoning of land from Residential 1 Zone to
General Residential Zone and Neighbourhood Residential Zone are relatively
modest, so people's rights to use and develop their land will not be significantly
different.
 The update to the planning scheme maps to reflect the reformed commercial
zones does not change the zone category of the affected land but provides clarity
by accurately showing the zoning notation changes introduced via Amendment
VC100.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 4 June 2014