VC113 (DOC, 51.0 KB, 3 pp.)

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MINISTERIAL POWERS OF INTERVENTION IN PLANNING
AND HERITAGE MATTERS
REASONS FOR DECISION TO USE POWER OF
INTERVENTION
VICTORIA PLANNING PROVISIONS
AND ALL PLANNING SCHEMES IN VICTORIA
AMENDMENT VC113
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 using 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.
No one other than the Minister has proposed or requested this intervention.
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 (the Act) and the
regulations in respect of Amendment VC113 to the Victoria Planning Provisions (VPP)
and planning schemes.
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 following amendments were introduced into all Victorian planning schemes to give
effect to the Government’s current policy on wind energy facility development:

VC78 (15 March 2011) provided 12 month transitional arrangements for minor
matters pertaining to existing planning permits to enable the industry to adjust to the
new planning requirements, such as the introduction of the new New Zealand
Standard NZS6808:2010, Acoustics – Wind Farm Noise (2010 New Zealand noise
standard).

VC82 (29 August 2011) prohibited wind farms in certain circumstances including,
where a proposed turbine was located within two kilometres of an existing dwelling
unless the consent of such dwelling owners is obtained.
The transitional
arrangements also exempted certain existing planning permits from this prohibition.

VC91 (31 July 2012) provided clarity in regard to the requirements relating to
obtaining written consent from dwelling owners within two kilometres of a turbine.
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6.
The wind energy planning provisions at Clause 52.32 require applications for permits,
including applications to amend a planning permit, to be accompanied by the written
consent of dwelling owners within two kilometres of a proposed turbine.
7.
Transitional arrangements were provided at Clause 52.32 for permits issued before 15
March 2011 until the 15 March 2012, except for those permits issued by the Minister for
Planning under Division 6 of Part 4 of the Act.
8.
The consequence is that a proponent holding an existing planning permit must seek the
consent of dwelling owners within two kilometres of a proposed turbine to enable an
amendment to the planning permit to be considered. This affected permits issued by the
Minister for Planning from the 15 March 2011 and council issued permits from the 15
March 2012.
9.
This effective prohibition of an amendment to existing planning permits, such as to
upgrade the approved turbine technology, was unintended.
10. Enabling proponents to upgrade the turbine technology provides the opportunity to
reduce noise impacts, the total number of turbines and overall amenity impacts.
Efficiency gains through use of modern technology will also likely impact on the future
cost of power generation and electricity prices.
11. Amendment VC113 enables minor amendments to be considered to a planning permit
issued prior to 15 March 2011 while supporting the Government’s policy position on wind
energy development by:

Exempting a proponent applying for an amendment to a planning permit from having
to provide written consent from a dwelling owner within two kilometres of a proposed
turbine provided the amendment:
- does not increase the number of proposed turbines
- does not change the location of a proposed turbine so as to reduce the distance
between any proposed turbine and an existing dwelling within two kilometres of
the turbine.

Exempting such amendments from third party appeal.
12. Proposals to amend planning permits will be required to meet current application
requirements, including an assessment against the 2010 New Zealand noise standard.
This ensures that proposed upgrades to technology or other changes meet current best
practice standards and do not further impact on affected residents.
13. Amendment VC113 will facilitate the completion of a number of wind energy facility
developments benefiting the Victorian economy.
BENEFITS OF EXEMPTION
14. The exemption will enable a prompt decision on the adoption and approval of the
amendment which changes the VPP and local planning schemes to enable the holders of
wind energy facility permits issued prior to 15 March 2011 the opportunity to amend their
permits and proceed with the development.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effects of exempting Amendment VC113 from the usual requirements would mean
that potentially affected parties will not be formally notified of the amendment or have an
opportunity to make a formal submission.
16. Planning permits issued prior to 15 March 2011 have already been subject to a public
process including the consideration of the views of potentially affected parties.
17. An application to amend an existing planning permit may be subject to a public
notification process at the discretion of the responsible authority, which may provide the
opportunity for dwelling owners within two kilometres of a turbine to contribute their views
on the proposal.
18. Where the Minister for Planning considers an application to amend an existing planning
permit consultation with the relevant council may be undertaken.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON
THIRD PARTIES
19. 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 for the following reasons:
 An opportunity is being provided to amend existing planning permits that would
otherwise be prohibited without compromising the Government’s policy position on
wind energy facility development.
 Through the amendment process the responsible authority has the discretion to notify
the public of the proposed amendment, which may include nearby dwelling owners.
REASONS FOR INTERVENTION
20. I provide the following reasons for my decision to exercise my power under section 20(4)
of the Act.
21. I am satisfied that –
Compliance with any of the requirements of section 17, 18 and 19 of the Act is not
warranted because:
a)
Amendment VC113 facilitates a process whereby existing planning permit holders
can apply to amend their permits in a minor manner, which will be subject to a full
merit assessment.
b)
The responsible authority has the discretion to notify the public of an application to
amend an existing permit, which may include nearby dwelling owners.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
c)
The proposed provisions aim to facilitate an amendment process for minor
amendments to existing planning permits without compromising the Government’s
policy position on wind energy facility development.
d)
There is a need to provide a fair opportunity for those already approved wind energy
facilities to proceed where they have inadvertently been impacted by VC78 and
VC82.
e)
Victorians will benefit with improved efficiencies in turbine technologies, an increase
in wind energy generation and increased opportunities for part time and ongoing
employment.
DECISION
22. I have decided to exercise my power to exempt myself from the requirements of sections
17, 18 and 19 of the Act and the regulations in respect of Amendment VC113 to the
Victoria Planning Provisions and all planning schemes.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 17 July 2014
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