REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
SWAN HILL PLANNING SCHEME
AMENDMENT C45
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 Swan Hill Rural City Council has requested that the Minister intervene in the
Swan Hill Planning Scheme to rezone the site of the proposed Renewable energy
facility at Blackwire Reserve from Public Use Zone 5 (Cemetery / crematorium) and
Public Use Zone 6 (Local Government) to Farming Zone; rezone part of the adjacent
substation site from Public Use Zone 6 (Local Government) to Public Use Zone 1
(Service & Utility); amend the Municipal Strategic Statement to provide policy support
for solar power generation at Blackwire Reserve; and amend the Schedule to the
Farming Zone to allow a smaller minimum lot size to facilitate investment in the solar
power generation project.
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 C45 to the Swan Hill 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 affects land at Lot 2 PS623960, Parish of Castle Donnington; Crown
Allotment 41, Section A, Parish of Castle Donnington; and Lot 1 TP160073, including
Blackwire Reserve and part of the adjacent substation.
6.
The amendment rezones land at Blackwire Reserve from Public Use Zone 6 (Local
Government) to Farming Zone; makes changes to Clauses 21.08-2 and 21.10-1; and
reduces the minimum lot size for land at Blackwire Reserve to facilitate the
development of a solar power generation project. In addition, the amendment
rezones part of the adjacent substation from Public Use Zone 6 (Local Government)
to Public Use Zone 1 (Service & Utility).
7.
Approximately 60% of Blackwire Reserve is vacant grazing land, with an airstrip and
clubhouse located at the northern end of the land that is used by the Swan Hill Model
Aero Club. Blackwire Reserve is particularly suitable for solar power generation
because of its proximity to electricity transmission infrastructure.
8.
The purpose of the existing Public Use Zone 6 (Local Government) includes ‘To
recognise public land use for public utility and community services and facilities’ and
‘To provide for associated uses that are consistent with the intent of the public land
reservation or purpose.’
The proposed commercial solar power project is
inconsistent with this purpose.
9.
Under the proposed Farming Zone, a Renewable energy facility is a Section 2
(Permit required) use.
10. The Swan Hill Rural City Council applied for State Government funding for the
‘Blackwire Reserve – Solar Development Investment Ready’ project under the
Putting Locals First Program, which is administered by Regional Development
Victoria (RDV). The council was successful in obtaining a grant of $22,000 in 20112012 to fund the preparation of studies by consultants to support the planning
scheme amendment.
11. RDV’s Development Manager based in Swan Hill has advised that the terms of the
grant under the Putting Locals First Program require that the parcel of land be
‘investor ready’ by January 2013, including approval of the planning scheme
amendment. For this reason, it is important that Amendment C45 proceed without
delay.
BENEFITS OF EXEMPTION
12. The exemption will enable the amendment to be adopted and approved without
delay. This will allow the parcel of land to be rezoned within the timeframes
stipulated under the terms of the grant and provide certainty to the council and to
investors in the solar power generation project.
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption will be that third parties will not have the opportunity to
make a formal submission to the amendment and be heard by an independent Panel.
14. Places Victoria is responsible for the adjacent Tower Hill residential development and
I am advised that Places Victoria is aware of the proposed project.
15. Consultation has occurred with:
 The Swan Hill Cemetery Trust to discuss possible alternative sites for a
cemetery;
 The Swan Hill Model Aero Club, which uses the airstrip and clubhouse at the
site, to discuss their future requirements; and
 ‘...there has been significant media coverage and the item has been presented
at a public council meeting.’
16. There are existing dwellings in close proximity to the affected land, and land to the
east (on the opposite side of Memorial Drive) is zoned Residential 1 Zone (although it
is still undeveloped at this stage).
17. The proposed solar power generation project will require a planning permit under the
provisions of the Farming Zone, at which stage the council must give notice of the
application under section 52 of the Planning and Environment Act 1987, unless it is
satisfied that the grant of the permit will not cause material detriment to any person.
18. At the permit application stage, the responsible authority must also consider the
decision guidelines at Clause 52.42-3 of the Swan Hill Planning Scheme (Renewable
energy facility...), which include ‘The effect of the proposal on the surrounding area in
terms of noise, glint, light spill, vibration, smell and electromagnetic interference’ and
‘Whether the proposal will require traffic management measures.’
19. I consider that offsite amenity impacts can be adequately managed at the permit
application stage.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
20. Any potential for off site amenity impacts as a direct result of the amendment is
expected to be minimal and is outweighed by the need to expedite the project, given
the funding commitment by the Victorian Government and the need to provide
certainty to investors in this important project.
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
22. 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 C45 to the Swan Hill Planning Scheme.
REASONS FOR INTERVENTION
23. 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.
24. I, acting under delegation from the Minister, am satisfied that The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 Council has consulted the occupants of the site and there has been significant
media coverage of the proposal and the item has been presented at a public
council meeting.
 Council will be required to give notice of any future planning permit application
under section 52 of the Planning and Environment Act 1987 unless it is
satisfied that the grant of the permit will not cause material detriment to any
person.
 Potential off site amenity impacts will be considered by the council when it
assesses any future planning application for the project under the provisions of
the Farming Zone.
 The amendment will facilitate the development of an important project that is
part of a key emerging industry identified in the Swan Hill Planning Scheme
Review and will contribute to the diversification of Swan Hill’s economic base.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 29 October 2012