REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
CARDINIA PLANNING SCHEME AMENDMENT C160
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.
On 17 May 2011, Cardinia Shire Council requested that you exempt yourself from the
notice requirements and prepare, adopt and approve Amendment C160 to the
Cardinia 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 C160 to the Cardinia 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.
6.
Cardinia Planning Scheme Amendment C160 proposes to introduce the Special Use
Zone – Schedule 5 and Development Plan Overlay – Schedule 16 into the Cardinia
Planning Scheme and rezone 335 McGregor Road, Pakenham from Green Wedge
Zone to Special Use Zone – Schedule 5 and apply the Development Plan Overlay –
Schedule 16.
Cardinia Shire Council currently owns the subject land and proposes to develop the
land for a Motor Recreation and Education Park.
7.
The need for the facility in the south-east and eastern suburbs has been identified in
a number of strategic plans including the Victorian Motor Sport Facilities and
Programs Strategy Plan 2008. The proposed facility will provide for local users
including the Pakenham Auto Club and Koo Wee Rup Motorcycle Club and for driver
training to be used by the wider community.
8. On 24 December 2010, Amendment C151 to the Cardinia Planning Scheme was
authorised. The amendment proposed to introduce the Special Use Zone – Schedule
5 and Development Plan Overlay – Schedule 16 into the Cardinia Planning Scheme,
rezone 335 McGregor Road, Pakenham from Green Wedge Zone to Special Use
Zone – Schedule 5 and apply the Development Plan Overlay – Schedule 16.
9. The amendment was placed on public exhibition from 17 February 2011 to 18 March
2011. A total of 19 submissions were received to the amendment. Four objections to
the amendment were received raising issues regarding amenity, specifically noise
and dust.
10. It is considered that the issues raised in the objecting submissions can be addressed
as part of the development plan required under the Development Plan Overlay
introduced as part of this amendment.
11. Council now seeks intervention by the Minister in order to expedite the approval of the
proposal due its significance.
BENEFITS OF EXEMPTION
12. The amendment implements the objectives of planning in Victoria as it provides for
the fair, orderly, economic and sustainable use and development of the subject land.
13. The amendment will facilitate the development of a Motor Recreation and Education
Park, providing the opportunity for both local and regional needs for motor sports as
well as educational opportunities in relation to driver training to be met.
EFFECTS OF EXEMPTION ON THIRD PARTIES
14. The exemption will remove the opportunity for public comment in relation to the
amendment.
15. The views of relevant parties are known and have been sought and considered as
part of the exhibition process for Cardinia Amendment C151. Consultation will also be
undertaken as part of the development plan process under the introduction of the
Development Plan Overlay as part of this amendment.
16. Cardinia Shire Council has requested the amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
17. Any effect of my decision to exempt myself from giving notice of the amendment is
outweighed by the benefits to Victoria in providing certainty for Cardinia Shire Council
and providing a facility that will service both local and regional needs.
18. Cardinia Shire Council’s view on the amendment is known.
19. 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 C160 to the Cardinia 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 relevant parties have been sought during the exhibition
process for Cardinia Amendment C151. Further consultation will be
undertaken as part of the development plan process.

The matter is one of genuine State or regional significance. The proposal
will provide the opportunity to provide recreational facilities for both local
and regional needs for the net benefits of the community.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 6 September 2011