REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WHITTLESEA PLANNING SCHEME AMENDMENT C115
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 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. In a letter dated 10 September 2013, Whittlesea City Council, on behalf of Melbourne
Water, requested that the Minister for Planning exempt himself from the notice
requirements and prepare, adopt and approve Amendment C115 to the Whittlesea
Planning Scheme in accordance with section 20(4) of the Planning and Environment
Act 1987.
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 C115 to the Whittlesea
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.
In July 2012, Melbourne Water received a development feasibility request for a
property adjoining the Hendersons Creek Drain in Epping. The property is partly
covered by an Urban Floodway Zone (UFZ) and Land Subject to Inundation Overlay
(LSIO) within the Whittlesea Planning Scheme. Residential uses are prohibited under
the UFZ.
6.
In response to this request, Melbourne Water undertook mapping and modeling of
this section of Hendersons Creek. The mapping and modeling demonstrated that
there are several properties abutting the Hendersons Creek Drainage Catchment that
are no longer subject to flooding and overland flow.
7.
Melbourne Water has indicated that the existing UFZ and LSIO in the Whittlesea
Planning Scheme (that relate to the Hendersons Creek Drainage Catchment) were
introduced in the New Format Planning Scheme in July 1999 and were based on
manually-prepared flood shapes. This amendment seeks to adjust the UFZ and LSIO
to better reflect updated contour information showing the accurate extent of overland
flow paths.
8.
Council supports the amendment as the land use implications and restrictions for
residents are being reduced.
9.
At an Ordinary Council Meeting on 6 August 2013, Whittlesea City Council resolved to
request that the Minister for Planning, prepare an amendment to the Whittlesea
Planning Scheme under Section 20(4) of the Planning and Environment Act (1987) to
adjust the UFZ and LSIO to better reflect updated contour information.
10. Melbourne Water has also advised that it supports this approach.
BENEFITS OF EXEMPTION
11. The exemption will enable a prompt decision to be made regarding the rezoning of
the land.
12. The amendment implements the objectives of section 4 of the Planning and
Environment Act 1987 by providing for the fair, orderly, economic and sustainable
use and development of land.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption is that the amendment will not be considered through
any formal public process under the Act, and will not provide the opportunity for third
parties to make submissions to the planning authority or for submissions to be
considered by an independent panel.
14. The corrections to the mapping boundaries are not considered to affect third parties
as the amendment simply rectifies anomalies and reduces the restrictions for land
abutting Henderson Creek.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
15. The amendment is unlikely to change if it was to go through a ‘standard’ process of
formal notification, public exhibition, and independent panel, as the changes will
reduce the restrictions that currently apply to the properties abutting Henderson
Creek
16. 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
13. 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 C115 to the Whittlesea
Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
15. 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 amendment corrects mapping anomalies in the Whittlesea Planning
Scheme.

The amendment is unlikely to change if it was to go through a ‘standard’
process of formal notification, public exhibition, and independent panel.
SIGNED BY THE DELEGATE
JANE MONK
Director
Planning Statutory Services
Date: 5 December 2013