REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
SOUTH GIPPSLAND PLANNING SCHEME AMENDMENT C56
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. The Roads Corporation (VicRoads) has requested the Minister for Planning to utilise
his powers under section 20(4) of the Planning and Environment Act 1987 (the Act)
to exempt himself from the notice requirements and prepare, adopt and approve
Amendment C56 to the South Gippsland 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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C56 to the South Gippsland 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.
The amendment is required to update the South Gippsland Planning Scheme to
improve its operation and ensure that correct planning controls apply to land
consistent with that land’s ownership and purpose. In particular, this amendment will
apply the Road Zone – Category 1 to land that has been declared as arterial road
under the provisions of the Road Management Act 2004. The purpose of the Road
Zone is to identify significant existing or proposed roads. The zoning of these
additional parts of arterial roads as Road Zone – Category 1 will invoke Clause 52.29
(land adjacent to a Road Zone – Category 1) of the South Gippsland Planning
Scheme. A permit will then be required to create or alter access to, or subdivide land
adjacent to, a road in the Road Zone – Category 1. The objective being appropriate
access to and appropriate subdivision of land adjacent to this identified road. Where
the Road Zone – Category 1 has been applied to land that has not been declared as
arterial road, the amendment will rezone the land to the neighbouring zone, which in
some cases includes Road Zone – Category 2. This zoning will also reflect that which
applies to adjoining land and will ensure that privately-owned land can be used and
developed appropriately.
6.
7.
Specifically, the amendment makes the following changes:

Rezones the declared part of arterial road along South Gippsland Highway at
Koonwarra from Public Park and Recreation Zone and Road Zone – Category 2 to
Road Zone – Category 1.

Rezones the declared part of municipal road on Old Koonwarra Meeniyan Road
opposite the intersection of Station Road with Buckingham and Fowler Road from
Farming Zone to Road Zone – Category 2.

Rezones parcels remaining from the realignment of South Gippsland Highway at
Koonwarra from Road Zone – Category 1 and Road Zone – Category 2 to
Farming Zone and Public Park and Recreation Zone.
The amendment also makes a technical correction to he list of maps which comprise
the Planning Scheme in the schedule to Clause 61.03.
BENEFITS OF EXEMPTION
8.
The main benefit of exemption is that it will enable a prompt decision to be made on
the adoption and approval of the amendment.
9.
The amendment will contribute to the fair and orderly development of land in
accordance with section 4 of the Act by ensuring that appropriate planning controls
apply to the land to reflect its use and ownership.
10. The amendment is consistent with:

“Action 7: Remove unnecessary matters” in Cutting Red Tape in Planning which
recommends removal of redundant provisions through a fast track procedure.

The Advisory Note A protocol for fast tracking amendments which also
recommends the removal of redundant provisions through a fast track procedure.

Ministerial Direction on the Form and Content of Planning Schemes under section
7(5) of the Act which requires 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.
11. The amendment will remove redundant provisions and correct anomalies ensuring
the efficiency and accuracy of the South Gippsland Planning Scheme which assists in
effective and efficient decision making.
12. The amendment applies the Road Zone – Category 1 to land that has been declared
as arterial road under the provisions of the Road Management Act 2004.
13. The amendment also applies Road Zone – Category 2 to land that has been declared
as municipal road under the provisions of the Road Management Act 2004.
14. The Road Zone – Category 1 and 2 is removed from land no longer required for road
use (private land), and applies Farming Zone or Public Park and Recreation Zone, as
appropriate.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of the exemption will be that third parties will not have the opportunity to
make a submission or be heard by an independent panel in relation to this
amendment.
16. The amendment is unlikely to have any detrimental impact on third parties as
VicRoads, who owns most of the land, has requested the amendment with the
support of the South Gippsland Shire Council.
17. Where the amendment impacts on privately owned land, it applies planning controls
consistent with those applied to surrounding privately owned properties and will allow
a range of use and development, where the land is no longer required for road
purposes.
18. As the amendment removes redundant controls and applies the most appropriate
planning controls based on land use and ownership, it is unlikely the outcome of the
amendment would change if it were to go through a public exhibition process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
19. Given the benefits the amendment will have in removing redundant planning controls
from land and correcting zoning anomalies by applying the appropriate planning
controls, it is considered that the impact on third parties will be negligible.
20. Land owners will benefit from an increase in use and development rights consistent
with the actual use of the land. Any proposal to use or develop the land will need to
comply with the South Gippsland Planning Scheme, including third party notice and
review rights.
21. 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 C56 to the South Gippsland Planning Scheme.
REASONS FOR INTERVENTION
14. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note 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:
 The amendment is consistent with:
o
The objectives of planning in Victoria as outlined in section 4(1) of the
Planning and Environment Act 1987.
o
“Action 7: Remove unnecessary matters in Cutting Red Tape in Planning.
o
The Advisory Note A protocol for fast tracking amendments.
o
The Ministerial Direction on the Form and Content of Planning Scheme
under section (5) of the Act.
 South Gippsland Shire Council supports the amendment.
 The matter raises issues of fairness or public interest as anomalous provisions
apply and simple inconsequential correction is required.
 The amendment has been requested by VicRoads and is consistent with
declared arterial roads under the provisions of the Road Management Act 2004.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 29 November 2011