REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER DANDENONG PLANNING SCHEME AMENDMENT
C165
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, 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.
In a letter dated 17 April 2012, Urbis, on behalf of Neutral Fuels, requested that the
Minister for Planning exempt himself from the notice requirements and prepare,
adopt and approve Amendment C165 to the Greater Dandenong Planning Scheme in
accordance with section 20(4) of the Planning and Environment Act 1987.
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 Planning and Environment Act 1987 and the
regulations in respect to Amendment C165 to the Greater Dandenong 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.
Neutral Fuels is a Dubai-based company seeking to establish a materials recycling
facility at 76 Licola Crescent, Dandenong South, that will process used cooking oil
from McDonald’s restaurants into Biodiesel that will be used to fuel McDonald’s
delivery vehicles.
6.
A requirement of the contract with McDonalds is that Neutral Fuels be able to
commence operations on 23 May 2012.
7.
Although the use of the land for materials recycling is permissible under the zoning of
the land, the land is encumbered by a restrictive covenant that prohibits the proposed
use.
8.
The amendment facilitates the use of the land at 76 Licola Crescent, Dandenong
South, for materials recycling by:
 Varying restrictive covenant AB789278T to remove the words ”recycling of any
materials including chemicals, oils, animal products or the recycling of any other
materials which cause smells, dust or other obnoxious emissions” by including it
in the schedule to Clause 52.02 of the Greater Dandenong Planning Scheme.
 Introducing a site specific control “Neutral Fuels, No. 76 Licola Crescent,
Dandenong South, March 2012” into the schedule at Clause 52.03 and associated
Incorporated Document into the schedule at Clause 81.01 of the Greater
Dandenong Planning Scheme.
BENEFITS OF EXEMPTION
9.
The amendment will contribute to the fair and orderly development of land in
accordance with section 4 of the Planning and Environment Act 1987.
10. The amendment will allow a use that it consistent with the zone purpose and
permissible under the zone that would otherwise be prevented from being approved
because of a prohibition contained within a restrictive covenant.
11. The amendment will ensure that approval of the use is granted in sufficient time for
the proponent to fulfil contractual obligations.
12. The amendment will facilitate an international investment into Victoria and a use that
is innovative and environmentally sustainable.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The use itself would be exempt from notice requirements if it were to be approved by
a planning permit.
14. The covenant variation is unlikely to adversely affect beneficiaries as it merely allows
a use that is already permissible under the Industrial 2 zone and consistent with the
zone purpose.
15. WorkSafe, the Environment Protection Authority and Greater Dandenong City
Council were consulted in preparation of the amendment and do not object to it.
16. The effect of this amendment is unlikely to be changed if it were to go through public
exhibition and a potential panel hearing.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
17. The amendment facilitates an international investment in Victoria and a use that is
innovative and environmentally sustainable.
18. Accordingly I consider that the benefits of exemption 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 Planning and Environment Act 1987 and the
regulations in respect of Amendment C165 to the Greater Dandenong Planning
Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section
20(4) of the Planning and Environment Act 1987.
15. 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 interests of Victoria make such an
exemption appropriate.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date:3 May 2012