REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
BASS COAST PLANNING SCHEME AMENDMENT C119
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.
The proponent, Brendan Condon, Director, Cape Paterson Ecovillage has requested
the Minister for Planning to prepare, adopt and approve an amendment to the Bass
Coast Planning Scheme using the power under section 20(4) of the Planning and
Environment Act 1987 to facilitate the development and use of land at Wilsons Road,
Cape Paterson, being Crown allotment 38A in the Parish of Wonthaggi, for the Cape
Paterson Ecovillage.
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 C119 to the Bass Coast 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:

rezones the land from Farming Zone to Comprehensive Development Zone;

removes the Environmental Significance Overlay and the Significant Landscape
Overlay;

introduces the Comprehensive Development Zone to the Scheme as well as
the new schedule 1 Cape Paterson Ecovillage into the Bass Coast Planning
Scheme;

incorporates the Cape Paterson Ecovillage Comprehensive Development Plan
2011 into the Bass Coast Planning Scheme;

amends clause 21.05 of the Bass Coast Planning Scheme to introduce a
reference to the Bass Coast Strategic Coastal Planning Framework (15
October 2008); and

6.
amends clause 21.10 of the Bass Coast Planning Scheme to introduce the
Cape Paterson Strategic Framework Plan.
The proponent has provided a comprehensive response and amended the proposed
development plan to address issues raised through the panel hearing into
amendments C53, C93 and C98.
BENEFITS OF EXEMPTION
7.
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.
8.
The process to date has been extended due to the preparation of inter-related
strategies, exhibition of amendments and panel hearings over eight years. Requiring
further notice would lead to further delays and largely duplicate the process
undertaken to date.
EFFECTS OF EXEMPTION ON THIRD PARTIES
9.
The grant of the exemption would mean that third parties would not receive notice of
this amendment and will not be able to make submissions in relation to the
amendment and have these considered by a Panel.
10. However, the practical effects of the exemption on third parties are limited, given that
the Council has undertaken extensive consultation through the preparation of the
Bass Coast Strategic Coastal Framework and exhibition through two related
amendments being Amendment C53 and Amendment C93.
It is therefore
considered that the views of all relevant parties are known in regards to the
development, and that the issues of planning merit have been reasonably addressed
in the amendment.
11. It is noted that the removal of the Environmental Significance Overlay and the
Significant Landscape Overlay were not subject to consultation and exhibition
through Amendment C53 and Amendment C93. No further consultation is considered
necessary as the objectives and matters for consideration of these two overlays are
reflected in the new Schedule 1 “Cape Paterson Ecovillage” to the Comprehensive
Development Zone as well as the incorporated document “Cape Paterson Ecovillage
Comprehensive Development Plan 2011” introduced by this amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
12. 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.
13. 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 Planning and Environment Act 1987 and the
regulations in respect of Amendment C119 to the Bass Coast 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 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 views of potentially
affected third parties are reasonably known through the consultation process carried
out as part of the Bass Coast Strategic Coastal Framework and Amendments C53
and C93 to the Bass Coast Planning Scheme.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 5 May 2011