REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
KNOX PLANNING SCHEME AMENDMENT C108
MAROONDAH PLANNING SCHEME AMENDMENT C83
MONASH PLANNING SCHEME AMENDMENT C104
YARRA RANGES PLANNING SCHEME AMENDMENT C113
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.
VicRoads has requested this intervention pursuant to section 20(4) of the Planning
and Environment Act 1987.
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 108 to the Knox Planning Scheme, Amendment C83 to the Maroondah
Planning Scheme, Amendment C104 to the Monash Planning Scheme and
Amendment C113 to the Yarra Ranges Planning Scheme.
2.
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.
3.
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
4.
VicRoads have requested amendments to four planning schemes which will:

Apply a Road Zone Category 1 to the following parcels of land that has been
declared as an arterial road under the provision of the Road Management Act
2004:

Part of Kelletts Road between Taylors Lane and Napoleon Road (Knox
C108)

Parts of Ferntree Gully Road between Rosemary Court and Jells Road
(Monash C104)

Part of Springvale Road between Ferntree Gully Road and Village Court
(Monash C104)

Eltham-Yarra Glen Road (part known as Symonds Street) between the
western boundary of the Shire of Yarra Ranges and Melba Highway (Bell
Street), Yarra Glen (Yarra Ranges C113).

Healesville-Kinglake Road (part known as Chum Creek Road) between
Maroondah Highway (Nicholson Street), Healesville to the northern
boundary of the Shire of Yarra Ranges (Yarra Ranges C113).

Healesville-Yarra Glen Road between Melba Highway, Yarra Glen and its
intersection with Healesville-Kinglake Road near Healesville (Yarra Ranges
C113).

Parts of Melba Highway (part known as Bell Street) between its crossing of
the Yarra River south of Yarra Glen and Anzac Avenue, Yarra Glen (Yarra
Ranges C113).

Yarra Glen Bypass between Healesville-Yarra Glen Road and the
intersection of Melba Highway and Old Healesville Road (Yarra Ranges
C113).

Part of Canterbury Road between Hamilton Road and Bayfield Road East
(Maroondah C83)

Rezone Part of Brandon Park Drive at its intersection with Ferntree Gully Road
from a Road Zone – Category 1 to a Business 1 Zone as it has not been
declared as an arterial road (Monash C104).

Delete Public Acquisition Overlay 2 from the declared area of Yarra Glen
Bypass between Healesville-Yarra Glen Road and the intersection of Melba
Highway and Old Healesville Road (Yarra Ranges C113).

Delete Development Plan Overlay Schedule 1 and Design and Development
Overlay Schedule 5 from part of Canterbury Road between Hamilton Road and
Bayfield Road East (Maroondah C83)
5.
Ministerial Direction 7(5) Form and Content of Planning Schemes identifies that a
road which is declared as a freeway or an arterial road under the Road Management
Act 2004 must be shown as a Road Zone - Category 1 on the planning scheme
maps. The subject land parcels recently identified as arterial roads need to be
rezoned to a Road Zone Category 1 to reflect the current use and ownership by the
Roads Authority.
6.
In accordance with the Practice Note Public Land Zones - June 2011, only land to be
used for a public purpose should be included within a public use zone. Land no
longer required for road use needs to be included with a more appropriate zone.
7.
Public Acquisition Overlay 2, Design and Development Overlay Schedule 5 and
Development Plan Overlay Schedule 1 are redundant as the subject parcels of land
have been acquired and declared as a road. As the overlays are no longer required
they need to be removed to ensure the efficient operation of the planning scheme.
8.
VicRoads has consulted with Knox, Maroondah and Monash City Councils and Yarra
Ranges Shire Council regarding these changes. All Councils have indicated support
for their respective amendments.
BENEFITS OF EXEMPTION
9.
The amendment delivers on the planning objectives set out in Section 4 of the Act, by
providing for the fair, orderly, economic and sustainable use, and development of
land.
10. Including the various parcels of land within an appropriate zone, and removing
redundant overlays, will improve the operation of the planning scheme, resulting in
more efficient and clearer planning controls.
EFFECTS OF EXEMPTION ON THIRD PARTIES
11. VicRoads has sought the views of affected local Councils on the proposed
amendments. All councils have indicated they have no objections to the changes.
12. The amendment will have a limited effect on third parties as the changes are to
reflect the status of the road or to remove redundant overlays.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
13. The intervention will facilitate the removal of a redundant planning provision and will
include the land in a zoning that properly reflects its status - where it has been either
declared as an arterial road or identified as no longer required for road purposes.
14. The views of the relevant local Councils on the amendments are known.
15. Accordingly I, acting under delegation from the Minister, 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
16. 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 108 to the Knox Planning Scheme, Amendment C83 to the Maroondah
Planning Scheme, Amendment C104 to the Monash Planning Scheme and
Amendment C113 to the Yarra Ranges Planning Scheme.
REASONS FOR INTERVENTION
17. 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.
18. I, acting under delegation from the Minister, 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:
 Anomalous provisions apply and simple inconsequential correction is required.
 The views of effected parties are known.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 24 February 2012