REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER GEELONG PLANNING SCHEME AMENDMENT
C322
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.
There has been no request for intervention.
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 C322
to the Greater Geelong 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 G21 Regional Growth Plan (G21 RGP) and the G21 RGP Implementation Plan
identifies two Further Investigation Areas (FIAs) to support medium to longer term
expansion of urban Geelong. These areas provide an opportunity to diversify the
local housing market to the north (Lovely Banks) and west (Batesford South) of the
city, adding to Armstrong Creek Urban Growth Area located to the south.
6.
Amendment VC106 to the Victoria Planning Provisions provides strong policy support
for advancement of the FIAs. This amendment delivered on the Victorian State
Government’s commitment to implementing Plan Melbourne and the eight Regional
Growth Plans into Victorian planning schemes. Clause 11.04-6 recognises that the
growth potential of Victoria is to be maximised by developing a state of cities which
delivers choice, opportunity and global competitiveness. A key strategy to deliver this
objective is to “Rebalance Victoria’s population growth from Melbourne to rural and
regional Victoria”. Clause 11.07-1 further supports Geelong as the regional city in the
region and Victoria’s second city. It also includes policy to provide for long term
growth options at the two FIAs.
7.
The Lovely Banks (Northern) FIA presents an opportunity to rezone land and
immediately add to the supply of urban growth areas in Geelong by rezoning the area
located generally east of Evans Road and south of Staceys Road from Farming Zone
to Urban Growth Zone (UGZ).
8.
The future urban development of Lovely Banks to accommodate medium to long term
urban growth is well known to third parties. The land is clearly recognised in the G21
RGP and subsequent G21 RGP Implementation Plan for this purpose.
9.
Both the G21 RGP and the G21 RGP Implementation Plan were developed by the G21
Region Alliance following broad public consultation that provided a range of
engagement opportunities and invitation of public submissions. Submissions and
other stakeholder input were considered by the G21 Region Alliance in a collaborative
partnership with key State Government departments and agencies ahead of
finalisation and adoption of both plans.
10. While the G21 RGP Implementation Plan recognises that the Lovely Banks FIA has a
range of challenges that require consideration, including the presence of the major
south-west gas pipeline dissecting the site, the need for buffers to existing industry
and the potential existence of significant remnant grassland habitat, I consider that
these can all be planned for and addressed through development of a Growth Area
Framework Plan and subsequent detailed precinct structure planning.
BENEFITS OF EXEMPTION
11. Exempting Amendment C322 from the usual public notification and consultation
processes will enable a prompt decision to be made on the adoption and approval of
the amendment.
12. In effect, the exemption will enable the immediate rezoning of the Lovely Banks FIA
from Farming Zone to UGZ, facilitate precinct structure planning for the area, and
secure an additional growth front for the G21 region and an opportunity to rebalance
‘Victoria’s population growth from Melbourne to rural and regional Victoria’ (VPP
Clause 11.04-6).
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption is that third parties will not have the opportunity to make
formal submissions in relation to the amendment or for submissions to be considered
by a Planning Panel.
14. However, I consider that the amendment is unlikely to have any substantial effect on
third parties. The controls in the UGZ that apply before a precinct structure plan is in
place effectively mirror the controls that apply under the Farming Zone, hence for the
time being the level of planning control for the land remains the same. Urban
development of the land will not be allowed until further strategic planning work is
undertaken, including preparation of a Growth Area Framework Plan and a Precinct
Structure Plan/s. I anticipate that a public consultation process will be undertaken as
part of this further strategic planning work, through which potentially affected parties
will have the opportunity to have their views considered.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTION OUTWEIGHS
EFFECTS ON THIRD PARTIES
15. Application of the UGZ to the Lovely Banks FIA will secure an additional growth front
for the G21 region in general and urban Geelong in particular, and will diversify
opportunities for new housing to meet the needs of the anticipated population growth
in Geelong and more broadly across Victoria.
16. Accordingly 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
13. 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 C322
to the Greater Geelong Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
15. I am satisfied that Compliance with the requirements of sections 17, 18 and 19 of the Act and the
regulations is not warranted because:

Identification of Lovely Banks as a future location for urban growth has
been subject to consultation undertaken to inform preparation of the G21
Regional Growth Plan and the G21 RGP Implementation Plan.

Urban development of the land will not occur until additional planning
processes, including preparation of a Growth Area Framework Plan and
detailed precinct structure planning, have been completed and formally
approved. This further strategic and technical assessment work will enable
the development constraints on the land identified in the G21 Regional
Growth Plan and G21 RGP Implementation Plan to be addressed, and will
be subject to further consultation with stakeholders and the community
which will provide all interested and potentially affected parties with the
opportunity to have their views considered.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 29 October 2014