REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WHITEHORSE PLANNING SCHEME AMENDMENT C156
The
(the Act), the
and the
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 19 December 2013, Whitehorse City Council requested that the Minister for
Planning prepare, adopt and approve Amendment C156 to the Whitehorse Planning
Scheme using the power under section 20(4) of the
(the Act) to exempt the amendment from the notice requirements of the Act.
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 C156 to the Whitehorse
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 amendment seeks to extend the interim provisions of Clauses 22.06 – Activity
Centres and 22.08 – Tally Ho Activity Centre by two years until 31 January 2016.
These interim provisions have been in the Whitehorse Planning Scheme since 23 July
2009 and have been extended on three previous occasions.
6.
Council has undertaken considerable strategic work for its activities areas and received authorisation to prepare Amendment C110 in January 2014. Amendment
C110 will undergo a public exhibition process that seeks to make the interim provisions permanent.

BENEFITS OF EXEMPTION
7.
The amendment implements the objectives of Section 4 of the Act by providing for the fair, orderly, economic and sustainable use and development of land.
8.
The exemption will ensure that interim planning policy direction in accordance with
Council’s adopted structure plans and urban design framework is in place to guide development in the centres whilst permanent controls are finalised through
Amendment C110.
EFFECTS OF EXEMPTION ON THIRD PARTIES
9.
The effect of the exemption is that third parties will not have the opportunity to lodge a submission or be heard by a panel with respect to this amendment.
10.
The interim policy provisions do not prevent the use or development of land from occurring within the centres, but guide built form outcomes in accordance with plans that have been through a rigorous community and stakeholder engagement process and have been adopted by Council.
11.
Affected property owners will have the opportunity to comment during the exhibition of permanent controls via Amendment C110 to the Whitehorse Planning Scheme.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
12.
The amendment will allow for the interim policy provision to remain in effect whilst a full amendment process for permanent provisions is undertaken. Third parties will have an opportunity to comment on the permanent provisions proposed via
Amendment C110.
13.
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
14.
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 C156 to the Whitehorse
Planning Scheme.
REASONS FOR INTERVENTION
15.
I provide the following reasons for my decision under delegated authority to exercise the power under section 20(4) of the Act.
16.
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:

The extension of the existing interim policies will provide temporary, ongoing planning guidance for the centres in accordance with adopted structure plans and urban design framework.


The interim policies which are due to expire on 31 January 2014 will be subject to
Amendment C110 which will involve a public exhibition process. An extension of the interim expiry dates of 1 year until 31 January 2015 is sufficient time for
Amendment C110 to be prepared and considered under the amendment timeframes of Ministerial Direction 15.
SIGNED BY DELEGATE
PAUL JARMAN
Acting Director
Planning Statutory Services
Date: 25 February 2014