REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
ALPINE PLANNING SCHEME
BENALLA PLANNING SCHEME
INDIGO PLANNING SCHEME
MANSFIELD PLANNING SCHEME
MOIRA PLANNING SCHEME
MURRINDINDI PLANNING SCHEME
STRATHBOGIE PLANNING SCHEME
TOWONG PLANNING SCHEME
WODONGA PLANNING SCHEME
AMENDMENT GC12
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.
Strathbogie Shire Council requested intervention. There was no other request for
intervention.
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 GC12
to the Alpine, Benalla, Indigo, Mansfield, Moira, Murrindindi, Strathbogie, Towong and
Wodonga Planning Schemes.
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 General Residential
Zone, Neighbourhood Residential Zone and Residential Growth Zone into the Victoria
Planning Provisions. The residential zones have been reformed to give greater clarity
about the type of development that can be expected in a residential area, to simplify
requirements, to 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 zones by 1 July 2014, the General Residential Zone will be
implemented to replace all land in the Residential 1, 2 and 3 Zones.
8.
Alpine Shire Council, Benalla Rural City Council, Indigo Shire Council, Mansfield Shire
Council, Moira Shire Council, Murrindindi Shire Council, Towong Shire Council and City
of Wodonga Council are not in a position to request the preparation, adoption and
approval of tailored amendments to convert to the reformed residential zones by 1
July 2014. Strathbogie Shire Council has made a request to convert the residential
zones without exhibition. To facilitate the conversion of these planning schemes to
the reformed zones, I have prepared an amendment to replace the Residential 1 and
2 Zones with the General Residential Zone in each of the planning schemes.
Reformed Commercial Zones
9.
The Commercial 1 Zone and Commercial 2 Zone were introduced into the Victoria
Planning Provisions via Amendment VC100 which was gazetted on 15 July 2013.
10. In all cases, land zoned Business 1, Business 2 and Business 5 was converted to
Commercial 1 Zone, while land zoned Business 3 and Business 4 was converted to
the Commercial 2 Zone.
11. 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’, ‘B2Z’ and ‘B5Z’ and the ‘C2Z’ annotation to all land currently shown
as ‘B3Z’ and ‘B4Z’.
Amendment GC12
12. This amendment replaces all land in the Residential 1 Zone and Residential 2 Zone
with the General Residential Zone and updates the planning scheme map annotations
to reflect the reformed commercial zones.
13. In particular, the amendment makes the following changes:
Alpine Planning Scheme

Amends Planning Scheme Map Nos. 1, 2, 6, 7, 9, 10, 11, 12, 14 and 19

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08
Benalla Planning Scheme

Amends Planning Scheme Map Nos. 9, 10 and 16

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone.

Inserts new Schedule 1 to Clause 32.08.
Indigo Planning Scheme

Amends Planning Scheme Map Nos. 2, 3, 5, 6, 8, 9, 11 and 13

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone.

Inserts new Schedule 1 to Clause 32.08.
Mansfield Planning Scheme

Amends Planning Scheme Map Nos. 7, 9, 10, 11, 12, 14, 15, 16, 21, 22, 25
and 26

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
Moira Planning Scheme

Amends Planning Scheme Map Nos. 6, 7, 13, 18, 22, 23, 24 and 25

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
Murrindindi Planning Scheme

Amends Planning Scheme Map Nos. 7, 9, 11, 15, 16, 17, 29 and 35

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
Strathbogie Planning Scheme

Amends Planning Scheme Map Nos. 15, 16, 17, 18, 21 and 22

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
Towong Planning Scheme

Amends Planning Scheme Map Nos. 12, 18 and 19

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
Wodonga Planning Scheme

Amends Planning Scheme Map Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and
16

Deletes Clause 32.01 Residential 1 Zone

Deletes Schedule to Clause 32.01

Deletes Clause 32.02 Residential 2 Zone

Deletes Schedule to Clause 32.02

Inserts new Clause 32.08 General Residential Zone

Inserts new Schedule 1 to Clause 32.08.
BENEFITS OF EXEMPTION
14. The main benefit of exemption of the amendment under section 20(4) of the Act is
that it will enable a prompt decision to be made on the adoption and approval of the
amendments to the Alpine, Benalla, Indigo, Mansfield, Moira, Murrindindi,
Strathbogie, Towong and Wodonga Planning Schemes, which will allow without
delay:

The introduction of the reformed residential zones into local planning
schemes, and

An update of planning scheme maps to reflect the introduction of the
reformed commercial zones.
15. The exemption avoids duplication of consultation that has already taken place during
the review of Victoria’s planning zones, which included draft residential and
commercial zones.
16. The exemption will provide for the fair, orderly, economic and sustainable use and
development land and balancing the present and future interests of all Victorians.
EFFECTS OF EXEMPTION ON THIRD PARTIES
17. 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.
18. Since the introduction of the General Residential Zone, Neighbourhood Residential
Zone and Residential Growth Zone into the Victoria Planning Provisions on 1 July
2013, it has been publicly advised that:

Councils have until 1 July 2014 to introduce the reformed residential zones
into their local planning schemes, and

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 residential zones.
19. The amendment gives effect to the government’s commitment to introduce the
reformed residential zones into local planning schemes by 1 July 2014 and updates
the planning scheme maps to reflect the reformed commercial zones.
20. 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 councils’ obligation to introduce the reformed residential
zones by 1 July 2014.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
21. The amendment gives effect to the government’s commitment to introduce the
reformed residential zones into local planning schemes by 1 July 2014 and updates 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.
22. Alpine Shire Council, Benalla Rural City Council, Indigo Shire Council, Mansfield Shire
Council, Moira Shire Council, Murrindindi Shire Council, Towong Shire Council and City
of Wodonga Council are not in a position to request the preparation, adoption and
approval of tailored amendments to convert to the reformed residential zones by 1
July 2014. Strathbogie Shire Council has made a request to convert the residential
zones without exhibition. This amendment facilitates the conversion of these planning
schemes to the reformed residential zones.
23. Councils can initiate a second stage of implementation of the reformed residential
zones following more detailed strategic work that provides the basis for applying the
full suite of reformed residential zones. These separate amendments would seek to
introduce further zone and schedule changes and would likely include comprehensive
community consultation.
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
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 GC12
to the Alpine, Benalla, Indigo, Mansfield, Moira, Murrindindi, Strathbogie, Towong and
Wodonga Planning Schemes.
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 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
Alpine, Benalla, Indigo, Mansfield, Moira, Murrindindi, Strathbogie, Towong
and Wodonga Planning Schemes.

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.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 21 May 2014