REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA PLANNING SCHEME AMENDMENT C177
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.
On 9 October 2014, Yarra City Council requested that I prepare, adopt and approve
Amendment C177 to the Yarra Planning Scheme and exercise my powers to exempt
myself from all the requirements of sections 17, 18 and 19 of the Act and the
regulations.
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 C177
to the Yarra 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.
On 7 October 2014, Yarra City Council resolved to request that I prepare, adopt and
approve Amendment C177 to the Yarra Planning Scheme and exercise my powers to
exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the
regulations.
6.
The amendment would rezone the main Epworth Hospital site at 89 Bridge Road and
32 Erin Street, Richmond from Commercial 1 Zone and General Residential Zone to
Special Use Zone – Schedule 5.
7.
Epworth Richmond has been identified as a Health Precinct within the State
Government’s recently released Metropolitan Planning Strategy, Plan Melbourne. This
designation confirms the strategic importance of the Epworth Hospital within
metropolitan Melbourne.
8.
The main Hospital site is located primarily in the General Residential Zone, with a
portion of the site fronting Bridge Road included within the Commercial 1 Zone. The
land has been used for Hospital purposes for over 94 years, and ‘existing use rights’
have been established.
9.
The site’s existing zoning is an anomaly and the Hospital should logically be included
within a tailored Special Use Zone, which is considered the most appropriate zone to
accommodate the existing and future requirements of the Hospital.
10. The amendment is required to include the site within a Special Use Zone (SUZ) which
reflects the existing and future intended use of the land. The SUZ will provide greater
clarity to the community, the Hospital and all parties about the purpose of the land.
BENEFITS OF EXEMPTION
11. Exemption from notice under section 20(4) of the Act for this amendment will enable
a zoning issue to be resolved in a timely manner and in turn, ensure the zoning of the
subject site is consistent with the intent of Plan Melbourne. Once implemented, the
zone will provide for orderly, economic and sustainable planning outcome for the
subject land.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. The effect of exempting this amendment from the usual notice requirements will
remove the opportunity for potentially affected property owners to be formally
notified of the amendment and to have their submission considered by a Panel.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
13. It is unlikely that a substantially different outcome would come about if this
amendment were to proceed with the usual notice requirements, including a Panel
submission and hearing process.
14. Given that the Epworth Hospital, Richmond has been identified as a Health Precinct
within Plan Melbourne and that it is unlikely that a substantially different outcome
would come about if this amendment were to proceed with the usual notice
requirements, 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
15.
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
C177 to the Yarra Planning Scheme.
REASONS FOR INTERVENTION
16. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
17. 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 amendment is of a minor nature and gives effect to an outcome which is
not expected to detrimentally affect nearby owners and occupiers.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 3 November 2014