REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C134
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.
Yarra Ranges Shire Council has requested that I prepare, adopt and approve
Amendment C134 to the Yarra Ranges Planning Scheme, with exemption from the
notice requirements under section 20(4) of the Planning and Environment Act 1987
(the Act).
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 C134
to the Yarra Ranges 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 new 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 means 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.
Planning authorities are now responsible for applying the new zones into their
planning schemes through a local amendment.
8.
The Reformed Zones Ministerial Advisory Committee Progress Report December 2012
outlined that the allocation of the new residential zones should be based on a
consideration of local housing strategies or other relevant regional and metropolitan
policies. This approach, combined with a consideration of the current zoning of
residential land across the planning scheme, has informed the application of the new
residential zones through Amendment C134.
9.
The Yarra Ranges Shire Council implemented its Housing Strategy 2009 and
Neighbourhood Character Study 2002 in May 2013 with the introduction of
Amendment C97. The amendment provides guidance within the planning scheme as
to how residential development in the Shire of Yarra Ranges would be planned and
managed over the next 20 years.
10. Amendment C97 gave effect to the above documents through a combination of
revised policy statements in the Municipal Strategic Statement (MSS), the application
of residential zones and the use of overlays (Design and Development Overlay &
Significant Landscape Overlay Schedules). The combined effect of these tools:
encourages consolidated housing in sustainable locations with access to
infrastructure, services, transport; recognises and protects established neighbourhood
character; and encourages diversified and affordable housing opportunities; and
rationalises existing planning controls (Clause 53 - Upper Yarra Valley and Dandenong
Ranges) which protect the unique character of the rural townships and foothills
residential areas to target planning controls to key issues.
11. The amendment applied height, site coverage and lot size controls to most
residentially zoned land in the Shire, directing more intense development into
identified Consolidation Areas, while allowing some development in the incremental
change areas.
12. Preparation of Council’s Housing Strategy commenced in 2006, included extensive
public consultation and revision following community feedback, and involved seven
public meetings, survey work, preparation of an issues paper and additional
demographic research. The Strategy was adopted by council in 2009.
13. Amendment C97 was exhibited during September and October 2010. A total of 154
submissions were received in response to the exhibition of the amendment. An
independent panel held in August 2011, delivered its report in November 2011. The
amendment was gazetted on 16 May 2013.
14. The policies and strategies provide clear spatial direction as to the preferred location
and density of new residential development. As a result:



Higher density developments and significant change is anticipated in
Consolidation Areas, which are located in the Lilydale activity centre and six
neighbourhood centres;
A significant portion of new development consistent with established
neighbourhood character is encouraged in Incremental Change Areas (metro &
rural/foothill areas); and
Limited additional development is preferred in the Least Change Areas due to
location, topography, environmental risk and limited services.
15. Amendment C134 proposes to implement the new residential zones into the Yarra
Ranges Planning Scheme. The amendment will apply the Neighbourhood Residential
Zone to the Least Change and Incremental Change Areas (in conjunction with
existing Design and Development Overlay Schedules & Significant Landscape Overlay
Schedules), the Residential Growth Zone to the Urban Consolidation Areas, and the
General Residential Zone to the Neighbourhood Consolidation Areas.
16. The new Commercial 1 and Commercial 2 zones were introduced by Amendment
VC100 on 15 July 2013 and all the business zones were deleted. An effect of that
amendment was that all land zoned Business 1, Business 2 and Business 5 was
automatically converted to the Commercial 1 Zone. Land zoned Business 3 and
Business 4 was automatically converted to the Commercial 2 Zone. Amendment
C134 updates the planning scheme maps to correctly identify the land now zoned
Commercial 1 or Commercial 2 Zone.
BENEFITS OF EXEMPTION
17. Exemption of the amendment under section 20(4) will enable a prompt decision on
the adoption and approval of the amendment and will allow for the orderly and timely
application of residential zoning controls for this planning scheme, based on previous
strategic work. It will avoid the need for a further notification, exhibition and
consultation process, which is considered unnecessary given the strategic basis for
applying the new zones can be found within the existing planning scheme. The views
of potentially affected parties are therefore known and understood, and have been
considered in the preparation of Amendment C134.
EFFECTS OF EXEMPTION ON THIRD PARTIES
18. 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.
19. As the Yarra Ranges Shire Council has requested the amendment, the support of the
Council for the amendment is evident.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
20. 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.
21. The Yarra Ranges Shire Council undertook extensive community consultation in
developing its Housing Strategy and Neighbourhood Character Study and in
introducing Amendment C97. This policy and the current residential zoning of the
land guided the application of the new residential zones. The associated Amendment
C97 statutory exhibition process allowed for submissions through the notification and
Panel hearing process. The views of the community in relation to the application of
the new zones are therefore well known, and have been considered in the
preparation of Amendment C134.
22. The mapping of land previously in one of the business zones to one of the
commercial zones provides clarity and does not affect the controls applying to the
land as the ordinance has already been introduced into the Planning Scheme through
VC100.
23. 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
24. 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 C134
to the Yarra Ranges Planning Scheme.
REASONS FOR INTERVENTION
25. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
26. 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:

I consider that further notification through the formal statutory process is
unnecessary. Consultation has been conducted during the development of the
Housing Strategy, Neighbourhood Character Study and in relation to
Amendment C97, which introduced the policies and planning provisions upon
which the application of the new residential zones is based.

The updating of the planning scheme maps does not change the zoning of the
land and provides clarity by accurately indicating the zoning introduced through
Amendment VC100.

The government has a clear agenda to reform residential zones across all
planning schemes as evidenced by the introduction of VC100 gazetted on 15
July 2013 and this Amendment C134 implements the reforms in the Yarra
Ranges municipality.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 29 May 2014