REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C141
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. Yarra Ranges Shire Council has requested the Minister to exempt himself from the
notice requirements and prepare, adopt and approve Amendment C141 to the Yarra
Ranges Planning Scheme under 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 C141 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.
Yarra Ranges Shire Council has become aware of a number of mapping and
ordinance anomalies in the Yarra Ranges Planning Scheme.
6.
A planning anomaly has been created on the site of the former Chirnside Park golf
course as a result of the introduction of the new suite of residential zones. The
amendment also makes corrections to the mapping of the Significant Landscape
Overlay Schedule 22 to recognise and protect low density residential areas
throughout Yarra Ranges (originally applied by Amendment C97).
7.
Council has requested an amendment under section 20(4) of the Planning and
Environment Act 1987 to make these minor changes to the planning scheme maps
and ordinance.
BENEFITS OF EXEMPTION
8.
The amendment implements the objectives of section 4 of the Planning and
Environment Act 1987 by providing the fair, orderly, economic and sustainable use of
the subject land.
9.
The Amendment corrects an unintended error resulting from the direct translation of
the residential zones in line with the original intent of Amendment C96 which rezoned
the site to a Residential 1 Zone and applied Schedule 3 to the Development Plan
Overlay to the former Chirnside Park golf course site. Specifically, the application of a
new Schedule 4 to the Neighbourhood Residential Zone to the site will remove an
inconsistency created by the current Schedule 1 to the Neighbourhood Residential
Zone which requires a planning permit for single dwellings on lots between 300 and
500 square metres. Approximately 170 lots of less than 500 square metres are
intended for singe dwelling residential development. Rectifying this anomaly as soon
as possible will avoid the need for landowners to obtain unnecessary planning
permits.
10. The second part of the amendment corrects mapping to the Significant Landscape
Overlay Schedule 22 to include all areas of Low Density Residential (as was originally
intended). This correction to the Significant Landscape Overlay maps will have a
positive environmental affect by protecting trees and native vegetation within the low
density areas.
EFFECTS OF EXEMPTION ON THIRD PARTIES
11. The Amendment will not have any effect on third parties as it is updating the
planning scheme maps and ordinance consistent with the intent of previous planning
scheme amendments that have proceeded through the proper processes. The views
of all relevant agencies were canvassed as part of these amendments.
12. Yarra Ranges Shire Council requested the amendment to restore planning provisions
that applied to the former Chirnside Park golf course site prior to the application of
the new residential zones in Yarra Ranges.
13. The effect of this amendment is unlikely to be changed if it were to go through public
exhibition and a potential panel hearing.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. The amendment updates the planning scheme maps and ordinance by correcting
mapping errors and anomalies, without affect on third parties.
15. 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
16. 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 C141 to the Yarra Ranges
Planning Scheme.
REASONS FOR INTERVENTION
17. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
18. 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 corrections are clearly consistent with the intentions originally applied as part
of Amendments C96 and C97 to the Yarra Ranges Planning Scheme; and

Placing the amendment on formal exhibition, with a potential panel hearing, is not
likely to give rise to a different outcome to that contained in Amendment C141 to
the Yarra Ranges Planning Scheme.

The amendment will give effect to outcomes where the issues have been
reasonably considered and the views of Council are known.
SIGNED BY THE DELEGATE
JIM GARD’NER
Executive Director
Statutory Services and Heritage
Date: 14 February 2015