REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
SOUTHERN GRAMPIANS PLANNING SCHEME AMENDMENT
C32
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.
Southern Grampians Shire Council (council) submitted the draft Amendment C32 to
the Residential Zones Standing Advisory Committee (RZSAC) for consideration. The
RZSAC recommended that I prepare, adopt and approve Amendment C32 to the
Southern Grampians Planning Scheme, with exemption from the notice requirements
under section 20(4) of the Planning and Environment Act 1987 (the Act), and I am
giving effect to that recommendation.
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 C32
to the Southern Grampians 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.
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 new residential zones have been reformed to simplify
requirements, allow a broader range of activities to be considered and better manage
housing growth.
6.
The Residential Zones Standing Advisory Committee (RZSAC) was established in
January 2014 to provide council with an opportunity to streamline the introduction of
the new residential zones Victorian planning schemes. The RZSAC was established
with clear Terms of Reference to undertake a public notification period and public
hearing (as required).
7.
Amendment C32 implements the recommendations of the RZSAC by rezoning land to
Neighbourhood Residential Zone and Residential Growth Zone. [The Explanatory
Report provides further detail regarding the Amendment].
8.
The draft Amendment C32 which was considered by the RZSAC consisted of a public
notification period between 20 March 2014 and 17 April 2014. Notices appeared in:
- Herald Sun on 20 March 2014
- The Age on 20 March 2014
- Hamilton Spectator on 22 March and 5 April 2014.
9.
Notices were sent directly to relevant Ministers, Government agencies and servicing
authorities and to local community groups.
10. The amendment also updates mapping by removing references to the Business 1
Zone and inserting notation for the Commercial 1 Zone.
11. The RZSAC concluded that the draft Amendment is supported by, and implements,
the relevant sections of the State and Local Planning Policy Framework.
BENEFITS OF EXEMPTION
12. Exemption of the amendment under section 20(4) will enable the recommendations
of the RZSAC to be promptly implemented and update the planning scheme, thereby
providing certainty to owners of land in the Southern Grampians Shire.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of exempting this amendment from the usual notice requirements will
remove the opportunity for potentially affected parties to be formally notified of the
amendment and to have their submissions considered by a Panel. A further
notification, exhibition and consultation process is considered unnecessary given the
public notice and review undertaken by the RZSAC and the strategic basis provided
by the RZSAC for applying the new zones.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. I consider that any effect of my decision to exempt myself from giving notice of the
amendment is outweighed by the benefits of the exemption.
15. The Southern Grampians Shire Council has undertaken public notification and a
committee hearing process which involved a thorough review by the RZSAC.
16. 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 C32
to the Southern Grampians Planning Scheme.
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 Southern Grampians Planning Scheme.

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 has been prepared by council and reviewed by the
Residential Zones Standing Advisory Committee.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 1 September 2014