REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
CASEY PLANNING SCHEME AMENDMENT C117
FRANKSTON PLANNING SCHEME AMENDMENT C55
GREATER DANDENONG PLANNING SCHEME C142
KINGSTON PLANNING SCHEME AMENDMENT C114
The Planning and Environment Act 1987, 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. VicRoads has requested this intervention pursuant to 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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C117 to the Casey Planning Scheme, Amendment C55 to the Frankston
Planning Scheme, Amendment C142 to the Greater Dandenong Planning Scheme
and Amendment C114 to the Kingston Planning Scheme.
3.
Section 20(4) of the Planning and Environment Act 1987 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.
VicRoads have requested amendments to four planning schemes which will:

Rezone parcels of declared freeway and arterial road to Road Zone – Category 1;

Rezone appropriate parcels of declared municipal road to Road Zone – Category 2;

Rezone small parcels of land for the Pound Road realignment to the adjoining
Urban Growth Zone; and,

Removes parcels from a Public Acquisition Overlay where the parcel is to be
rezoned Road Zone – Category 1 or for which the Public Acquisition Overlay is no
longer required.
6.
Ministerial Direction 7(5) Form and Content of Planning Schemes identifies that a
road which is declared as a freeway or an arterial road under the Road Management
Act 2004 must be shown as a Road Zone Category 1 on the planning scheme maps.
The parts of the land recently identified as arterials roads need to be rezoned to a
Road Zone Category 1 to reflect the current use and ownership by the Roads
Authority.
7.
In accordance with Practice Note Public Land Zones – June 2011, only land to be
used for a public purpose should be included within a public use zone. Land no longer
required for road use needs to be included with a more appropriate zone, usually the
adjoining zone.
8.
Where the Roads Authority has acquired the land, the redundant Public Acquisition
Overlay is to be removed to ensure the efficient operation of the planning scheme.
9.
VicRoads has consulted with Casey, Frankston, Greater Dandenong and Kingston
City Councils regarding the proposed changes. All Council have indicated support for
their respective amendments.
BENEFITS OF EXEMPTION
10. The amendment delivers on the planning objectives set out in Section 4 of the Act, by
providing for the fair, orderly, economic and sustainable use, and development of
land.
11. Including the various parcels of land within an appropriate zone, and removing
redundant overlays, will improve the operation of the planning scheme, resulting in
more efficient and clearer planning controls.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. VicRoads has sought the views of affected local Councils regarding the proposed
amendments. All Council’s have indicated they have no objections to the changes.
13. The amendment will have a limited effect on third parties as the changes are to reflect
the status of the road or to remove redundant overlays.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
14. The intervention will facilitate the removal of a redundant planning provision and will
include the land in a zoning that properly reflects its status – where it has been either
declared an arterial road under the Road Management Act 2004 and gazetted or
identified as no longer being required for a road.
15. The views of the relevant local Council are known.
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 Planning and Environment Act 1987 and the regulations in respect of
Amendment C117 to the Casey Planning Scheme, Amendment C55 to the Frankston
Planning Scheme, Amendment C142 to the Greater Dandenong Planning Scheme
and Amendment C114 to the Kingston 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 Planning and Environment Act 1987.
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:
 Anomalous provisions apply and simple inconsequential corrections are
required.
 The views of affected parties are known.
Signed by the Delegate
David Hodge
Executive Director
State Planning Services and Urban Development
Date: 31 January 2012