REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
SOUTH GIPPSLAND PLANNING SCHEME AMENDMENT C63
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 my powers of intervention, in accordance with the Ministerial Powers of
Intervention in Planning and Heritage Matters Practice Note, 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.
South Gippsland Shire Council has requested my intervention to prepare, adopt and
approve an amendment to the South Gippsland Planning Scheme, with exemptions
from notice using the power under section 20(4) of the Planning and Environment Act
1987 (the Act). The amendment implements the policies of the South Gippsland
Rural Land Use Strategy 2011.
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 C63
to the South Gippsland 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 implements the policies of the South Gippsland Rural Land Use
Strategy 2011. More specifically, the amendment:

Revises Clause 22.08 Rural Dwellings Policy and Clause 22.09 Rural Subdivision
Policies.

Introduces Clause 22.10 Rural Activity Zone Policy.

Deletes the ‘Shire of South Gippsland Incorporated Document 2010 – Rural
Areas’ from the Clause 52.03 Specific sites and exclusions’ schedule and the
Clause 81.01 Incorporated documents schedule.

Makes incidental changes to the Municipal Strategic Framework to achieve
consistency with the new local policies and Rural Activity Zone application.
The amendment also includes rezoning land in seven localities to the Rural Activity
Zone.
6.
A number of previous amendments to the South Gippsland Planning Scheme have
influenced Amendment C63;

C36 (12 July 2007), translated the Rural Zone into the Farming Zone.

C48 (29 May 2009), inserted an Incorporated Document which affected all land
in the Farming Zone and limited dwellings and the creation of a lot for an existing
dwelling in the zone, via the Ministerial amendment process.

C51 (29 April 2010), introduced local policy in relation to rural areas, amended
the schedule to Clause 35.07 to set the minimum subdivision lot size as 80
hectares in the Farming Zone and replaced the Incorporated Document listed in
the schedules to clauses 52.03 and 81.01 with an updated, Shire of South
Gippsland Incorporated Document, 2010 – Rural Areas, via the Ministerial
amendment process.
7.
South Gippsland Shire Council has been engaged in the preparation of the Rural
Land Use Strategy for six years. Throughout the process Council has engaged the
community, agricultural industry groups, rural landowners and the farming
community.
8.
As a result of the community consultation, there is a clear understanding of
community sentiment. These views have been incorporated into the South Gippsland
Rural Land Use Strategy 2011, which was formally adopted by Council at its Meeting
on 24 August 2011.
BENEFITS OF EXEMPTION
9.
The main benefit of the exemption is that it will enable a prompt decision to be made
on the adoption and approval of the amendment.
10. Exempting this amendment from the requirements of Sections 17, 18 and 19 of the
Planning and Environment Act 1987 would save time in a process that has been
extended due to the previous amendments to the Planning Scheme and extensive
community consultation into the Rural Land Use Strategy. Requiring further notice
would duplicate an already thorough consultation process.
11. There has previously been a level of confusion in the community, due to changing
rural policy directions and the previous amendments to the Planning Scheme.
Amendment C63 will provide clarity on the planning controls applying to rural areas.
EFFECTS OF EXEMPTION ON THIRD PARTIES
12. The grant of the exemption would mean that third parties would not receive notice of
the amendment and that third parties would not be able to make submissions in
relation to the amendment, or to be heard by a Panel.
13. However, the practical effects of the exemption on third parties are limited, given that
Council has undertaken an extensive consultation process in relation to the
preparation of the South Gippsland Rural Land Use Strategy 2011. This process has
taken over six years. It is therefore considered that the views of all relevant parties
are known on the amendment, and that people likely to be affected have already
been provided with sufficient opportunity to express their views in relation to the
strategy.
14. The development of a rural strategy for South Gippsland has been underway for over
10 years and has involved considerable community consultation. In recent years,
Council has released two previous drafts of the strategy to the public for comment;
one in 2008 and one in 2011. One hundred and four submissions were received
during the 2008 process and 36 submissions were received during the 2011 process.
Numerous public information sessions were held across the municipality from 2008
through to 2011, to provide an opportunity for landowners, industry representatives,
community groups, visitors and other interested parties to provide input into the
process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
15. The benefits of this exemption are considered to outweigh any adverse effect the
exemption from the usual notification and exhibition requirement would have on third
parties, given that the concerns of these parties are known.
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
17. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Planning and Environment Act 1987 and the
regulations in respect of Amendment C63 to the South Gippsland Planning Scheme.
REASONS FOR INTERVENTION
18. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note I provide the following reasons for my decision to exercise my
power under section 20(4) of the Planning and Environment Act 1987.
19. 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 views of potentially affected third parties are reasonably known
through the consultation process carried out as part of the preparation of
the South Gippsland Rural Land Use Strategy 2011.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 21 February 2012