REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MELTON PLANNING SCHEME
AMENDMENT C157
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.
Melton City Council (council) has requested that I exempt myself from the notice
requirements under section 20(4) of the Act and prepare, adopt and approve
Amendment C157 to the Melton Planning Scheme to implement the Melton Housing
Diversity Strategy Strategy May 2014 (the strategy) and the reformed residential
zones.
2.
There was no request to update the planning scheme maps and ordinance to reflect
the introduction of the reformed commercial zones.
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 C157
to the Melton 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
Reformed residential zones
5.
The Victorian State Government (the government) has a well-documented reform
agenda which it 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, General Residential Zone and Neighbourhood Residential Zone 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 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.
Melton Housing Diversity Strategy 2013
9.
In 2013, council commenced preparation of a housing diversity strategy in response
to rapid population growth throughout the municipality and, in part, to the
introduction of the reformed residential zones. The strategy is underpinned by
analysis of demographic information, land supply/demand, urban design and planning
provisions and provides a framework to manage future growth in the established
residential areas of the municipality. The strategy also provides direction on the
implementation of the reformed residential zones by identifying limited change,
incremental change and substantial change areas.
10. The strategy was subject to an extensive consultation process which gave the
community and stakeholders the opportunity to provide feedback to council prior to
its final adoption.
11. The range of consultation activities included:

Updates on council’s website.

Notices in local media.

A mail-out of a summary brochure to residents.

A series of workshops and community “drop in” sessions, including:
 Key stakeholder workshops with a targeted audience comprising approximately
40
representatives
from
council,
Victorian
State
Government
departments/agencies, social housing organisations, land development
companies and local resident groups. The outcomes of these workshops
assisted in the identification of key housing issues affecting the municipality and
informed the background reports.
 Community visioning and “drop in” sessions were held in Diggers Rest, Caroline
Springs and Melton. These sessions provided the community with an
opportunity to provide feedback on council’s initial work on the strategy and
inform the development of the draft strategy.
 The draft strategy was released for public consultation on 16 December 2013
with submissions closing on 28 February 2014. During this period, the draft
strategy was advertised in local media and via council’s website with copies of
the draft strategy and associated background reports electronically available to
any interested persons. Council also undertook a municipal-wide mail-out of a
summary brochure “Having Your Say on Housing in Melton” and held three
community “drop in” sessions to provide information and receive comments on
the draft strategy. These sessions were again held in Diggers Rest, Caroline
Springs and Melton and were attended by 61 residents.
12. Council received a total of 32 submissions to the draft strategy and the following key
issues were raised:

There is both support and opposition to increased residential densities in Melton
South.

The application of the reformed residential zones will impact on the existing
neighbourhood character and amenity of existing residential areas, particularly in
areas nominated for the RGZ.

An increase in housing densities will have impacts on surrounding roads and car
parking.

The municipality needs site responsive, higher quality and more environmentally
sustainable housing developments.

The application of the reformed residential zones in Melton and Caroline Springs
should be changed.

The strategy should maintain, and provide for more, areas for low density housing.

The strategy should maintain the ability for non-residential uses to establish under
the reformed residential zones.

The strategy should provide for social, retirement, aged care and special needs
housing.
13. Council considered the submissions received during the consultation process and, as
a result, several changes were made to the draft strategy, particularly in relation to
the proposed zoning of the Kurunjang Ranches Estate. Council considered the
submissions and the proposed changes at its meeting on 27 May 2014 and ultimately
resolved to adopt the Melton Housing Diversity Strategy May 2014.
14. The amendment is required to implement the Melton Housing Diversity Strategy May
2014 and, more specifically, implement the reformed residential zones in the
established residential areas of the municipality.
15. In particular, the amendment:

Amends Clause 21.01 (Snapshot of Melton City in 2014), Clause 21.02 (Key Issues
in the City), Clause 21.03 (Planning Visions and Objectives for Melton), Clause
21.04 (Planning Strategies and Implementation for the City), Clause 21.05
(Implementation and Review), Clause 22.06 (Retailing Policy), Schedule 7 to the
Special Use Zone, Schedule 1 to the Comprehensive Development Zone and
Schedule 8 to the Development Plan Overlay to implement the strategy, refer to
the reformed residential zones, provide updated information about the municipality
and remove out-of-date policies.

Deletes Clause 22.01 (Residential Land Use Policy).

Inserts Clause 22.12 (Housing Diversity Policy) to guide housing growth within the
established residential areas across the municipality.

Deletes Clause 32.01 (Residential 1 Zone) and the associated schedule from the
Melton Planning Scheme.

Inserts Clause 32.07 (Residential Growth Zone) and Schedule 1 to the RGZ into
the Melton Planning Scheme.

Amends Schedule 1 to the General Residential Zone (GRZ1).

Inserts Clause 32.09 (Neighbourhood Residential Zone) and Schedules 1 and 2 to
the NRZ into the Melton Planning Scheme.

Amends the planning scheme maps to rezone residentially zoned land to the
Residential Growth Zone (RGZ), General Residential Zone (GRZ) and
Neighbourhood Residential Zone (NRZ).

Amends the planning scheme maps to correct an anomaly in the zone boundary
alignment between the RGZ and Comprehensive Development Zone in Caroline
Springs.

Amends the planning scheme maps to apply the Commercial 1 Zone (C1Z) to all
land in the Business 1 and 2 Zones (B1Z and B2Z) and the Commercial 2 Zone
(C2Z) to all land in the Business 3 and 4 Zones (B3Z and B4Z).
Reformed commercial zones
16. The Commercial 1 and Commercial 2 Zones (C1Z and C2Z) were introduced into the
Victoria Planning Provisions via Amendment VC100 which was gazetted on 15 July
2013.
17. In all cases, land zoned Business 1, Business 2 and Business 5 (B1Z, B2Z and B5Z)
was converted to the C1Z while land zoned Business 3 and Business 4 (B3Z and B4Z)
was converted to the C2Z.
18. This amendment updates the planning scheme maps and ordinance to reflect the
introduction of the reformed commercial zones.
BENEFITS OF EXEMPTION
19. The main benefit of the exemption is that it will enable a prompt decision to be made
on the adoption and approval of the amendment which will allow, without delay:

The implementation of the Melton Housing Diversity Strategy May 2014 and the
reformed residential zones, and

An update of the planning scheme maps and ordinance to reflect the introduction
of the reformed commercial zones.
20. The exemption will enable the amendment to be gazetted promptly, allowing council
to apply the reformed residential zones and update the commercial zone mapping;
providing for the fair, orderly, economic and sustainable use and development of
land; and balancing the present and future interests of all Victorians.
EFFECTS OF EXEMPTION ON THIRD PARTIES
21. 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.
22. Any parties who may be affected by the exemption were provided with the
opportunity to comment on the draft strategy, including the limited change (i.e.
NRZ), incremental change (i.e. GRZ) and substantial changes areas (i.e. RGZ), during
the consultation process in 2013 and early 2014. These comments were considered
by council prior to adoption of the strategy in May 2014.
23. A public exhibition process for the amendment is not likely to identify any new issues
which were not considered by council as part of the abovementioned consultation
process.
24. Council intends to undertake further strategic work to refine the reformed residential
zones, including the preparation of a detailed neighbourhood character study to
inform urban design guidelines and, if necessary, variations to the schedules to the
reformed residential zones. Any variations to the schedules to the reformed
residential zones will be subject to separate planning scheme amendments.
25. Council has requested the amendment to implement the reformed residential zones
and is supportive of both the amendment and the exemption.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTION OUTWEIGH EFFECTS
ON THIRD PARTIES
26. The main benefit of the exemption is that it will enable the implementation of the
Melton Housing Diversity Strategy May 2014 and the reformed residential zones
without delay. This benefit outweighs the effects of the changes on third parties
having regard to council’s obligation to give effect to the government’s welldocumented reform agenda as well as the extensive consultation process which was
undertaken by council as part of its strategy.
27. Council intends to undertake further strategic work to refine the reformed residential
zones, including the preparation of a detailed neighbourhood character study to
inform urban design guidelines and, if necessary, variations to the schedules to the
reformed residential zones. This further strategic work would be subject to a separate
process of implementation.
28. The update to the planning scheme maps and ordinance to reflect the reformed
commercial zones will not impact on third parties as it does not change the zone of
the land but provides clarity by accurately showing the zoning changes introduced via
Amendment VC100.
29. 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
30. 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 C157
to the Melton Planning Scheme.
REASONS FOR INTERVENTION
13. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
14. 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 City of
Melton.

The application of the reformed residential zones is based on council’s adopted
Melton Housing Diversity Strategy May 2014 which was subject to extensive
consultation and the views of the community and key stakeholders have been
reasonably considered by council.

The update to the planning scheme maps and ordinance 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.

The amendment to implement the reformed residential zones has been requested
by council.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 11 July 2014