REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WODONGA PLANNING SCHEME AMENDMENT C111
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. Wodonga City Council, in a letter dated 10 February 2014 requested the Minister for
Planning to use his powers under section 20(4) of the Planning and Environment Act
1987 to prepare, adopt and approve amendment C111 to the Wodonga Planning
Scheme.
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 C111 to the Wodonga
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.
The amendment is required to extend the expiry date of the interim Heritage Overlay
applying to the land at 10 Stanley Street, Wodonga from 28 February 2014 to 28
February 2015.
6.
Specifically the amendment varies the Schedule to Clause 43.01 Heritage Overlay to
extend the expiry date of the interim Heritage Overlay HO11 from 28 February 2014
to 28 February 2015.
7.
The interim Heritage Overlay applying to the subject land was intended to be in place
while permanent heritage controls were being introduced by Amendment C97.
8.
Amendment C97 is currently in the process of being finalised, but this process is
unlikely to be completed by 28 February 2014.
9.
Extending the expiry date of the interim Heritage Overlay applying to the subject land
will help ensure relevant buildings remain protected until the permanent controls are
approved and introduced into the Wodonga Planning Scheme.
BENEFITS OF EXEMPTION
10. The main benefit of the exemption is that it will enable a prompt decision on the
adoption and approval of the amendment.
11. The amendment supports the objectives of planning in Victoria by conserving the
historical interest of the building as described by Section 4 of the Planning and
Environment Act 1987; in particular the following objective:
(d)
to conserve and enhance those buildings, areas or other places which are
of scientific, aesthetic, architectural or historical interest, or otherwise of
special cultural value;
12. The purpose of extending the expiry date of the interim heritage controls is to curtail
any actions which might undermine the heritage significance of the place while the
permanent controls are considered.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption will be that potentially affected third parties will not have
the opportunity to make a submission to the planning authority on the amendment or
for their submission to be considered by a Panel.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. The amendment is beneficial to the local community as it enables the continued
protection of a building which has local historical, social and aesthetic significance
and will implement the objectives of State and Local Planning Policy to identify,
conserve and protect places of aesthetic, archaeological, architectural, cultural,
scientific or social significance as a means of maintaining and enhancing Victoria’s
image and cultural growth.
15. The amendment will continue to prevent any actions which might undermine the
heritage significance while permanent controls are considered through Amendment
C97 to the Wodonga Planning Scheme. Amendment C97 has been exhibited which
allowed third parties to be involved in the potential application of permanent heritage
controls. Amendment C97 was considered by a panel on 4th February 2014.
16. Additionally, the extension of the interim heritage controls will continue to provide a
mechanism which enables council to consider whether any proposed development on
the land is appropriate given its local historical significance.
17. 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
18. 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 C111 to the Wodonga
Planning Scheme.
REASONS FOR INTERVENTION
19. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
20. 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 interim controls are the same as those being considered by Amendment
C97 to the Wodonga Planning Scheme which are subject to a separate process
which provided an opportunity for third parties to make submissions and those
submissions to be considered.
 The extension of interim Heritage Overlay will provide protection for the
property, ensuring that any proposed demolition or development has regard to
the identified heritage values while Amendment C97 is resolved.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 It will enable a prompt decision on the adoption and approval of the
amendment.
SIGNED BY DELEGATE
PAUL JARMAN
Acting Director
Planning Statutory Services
Date: 26 February 2014