REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MELBOURNE PLANNING SCHEME
AMENDMENT C202
The Planning and Environment Act 1987 (the Act), 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. Environmental Resource Management Australia Pty Ltd, has on behalf of APN DF2
Project 2 Pty Ltd and Grocon (Scots Church) Pty Ltd requested the Minister for Planning
to intervene in this matter by preparing and expediting Amendment C202 to the
Melbourne Planning Scheme.
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
Act and the regulations in respect to Amendment C202 to the Melbourne Planning
Scheme.
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 amendment applies to land at No. 167-177 and 181-191 Little Collins Street and No.
97-113 Russell Street, Melbourne. The land is associated with the Scots Church,
Melbourne and is currently being developed in accordance with the Incorporated
Document ‘Scots Church Redevelopment, August, 2007’ as the corporate headquarters
for Westpac Bank in Melbourne.
6.
This Incorporated Document was introduced by Amendment C129 to the Melbourne
Planning Scheme via 20(4) of the Planning and Environment Act 1987. It accompanied
the simultaneous approval of heritage permits for redevelopment of a registered
heritage place (VHR H0005 ‘Scots Church’ and VHR H2001 ‘Former Victoria Car Park’).
7.
The Incorporated Document exempts the need for a planning permit for the use and
development of the land under certain provisions of the Melbourne Planning Scheme,
where generally in accordance with the conditions and relevant plans endorsed under
the Incorporated Document.
8.
Construction of the development under the Incorporated Document ‘Scots Church
Redevelopment, August, 2007’ commenced in early 2012. Amendments the endorsed
plans for the development in order to upgrade the environmental performance of the
building and improve the connection of the building foyer with the Scots Church were
approved in June 2012. The redevelopment of the land for the Corporate headquarters
of Westpac Bank will contribute to a corporate precinct of National importance and is an
active construction project of some significance.
9.
The amendment seeks to introduce a revised version of the Scots Church Incorporated
Document dated May 2013. The amendment is required to update Conditions 14, and
16 of the Incorporated Document which relate to on site car parking provision. The
conditions have been amended to:


reduce the overall car parking provision from 176 to 143 car parking spaces, and
remove restrictions on short term parking and dedicated car parking spaces for
the tenant.
10. The amendment has arisen as part of an overall reduction in the provision of on site car
parking associated with the development.
11. The ‘Former Victoria Car Park’ which has been incorporated into the development,
originally provided 229 commercial car parking spaces on this portion of the land.
BENEFITS OF EXEMPTION
12. Intervening in this matter will allow construction to continue uninterrupted. The
amendment to the Incorporated Document is a minor matter relative to the approval.
13. The Amendment will achieve the objectives of planning in Victoria in section 4 of the
Planning and Environment Act 1987, in particular section 4(1)(a), by providing for
economic and sustainable use and development of land in a fair manner; section
4(1)(e), by facilitating development in accordance with the objectives in the preceding
subsections, and section 4(1)(g), in that it balances the present and future interests of
all Victorians. It also balances the objectives of the planning framework, including the
objectives in section 4(2)(c), 4(2)(e), 4(2)(g) and 4(2)(h).
14. The amendment allows the ongoing development of the land in a manner which
supports Melbourne’s Central City as the preeminent Central Activities District in Victoria
consistent with Clause 11.04-4 ‘Central Melbourne’ and Clause 18 ‘Transport’.
15. The amendment supports an overall reduction in the provision of car parking on the site
and supports the local policy desire to limit the provision of car parking in Melbourne’s
Central City, expressed through Clause 21.06 and Schedule 1 to Clause 45.09.
16. The provision of 15 car parking spaces for Scots Church is maintained, consistent with
the net community benefit flowing from redevelopment of the site. The development of
the site will continue to generate a significant number of jobs within the construction
industry as well as long term.
17. These positive impacts support the expedition of the amendment and balance the
interests of all Victorians.
EFFECTS OF EXEMPTION ON THIRD PARTIES
18. Exempting Amendment C202 to the Melbourne Planning Scheme will have the effect
that interested third parties will not have the opportunity to participate in the normal
planning scheme amendment process.
19. Amendment C202 to the Melbourne Planning Scheme is (through introduction of the
new Incorporated Document ‘Scots Church Redevelopment, May 2013’) confined to
matters of on site car parking provision. The reduction in car parking provision on site
and the removal of parking restrictions will likely facilitate a reduced number of vehicle
movements to and from the land.
20. The amendment does not affect the interests of third parties as changes to parking
numbers on site are located within the basement and will decrease car movements to
and from the site, consistent with the provisions of the Melbourne Planning Scheme.
The overall number of car parking spaces associated with the land and the approved
development has been reduced.
21. Accordingly, exemption of the amendment will have little to no real impact on third
parties.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
22. The amendment is a minor amendment that is unlikely to have any real impact on third
parties. Accordingly, the delay associated with compliance with section 17, 18, 19 and
the regulations would seem unwarranted. The benefits to the community associated
with the amendment (reduced overall car parking numbers and greater flexibility in use
of the car parking) along with the ongoing development of the site and the associated
employment justify the exemption, and outweigh any possible perceived potential
negative effects on third parties.
23. 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
13. 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
Act and the regulations in respect of Amendment C202 to the Melbourne Planning
Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision under delegated authority to exercise the
power under section 20(4) of the Act.
15. 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:

The amendment is a minor variation to the development permitted under the
Incorporated Document.

The amendment will have positive impacts on the surrounding environment
through a reduced number of vehicle movements.

The amendment will not affect to any significant extent the interests of third
parties.
Signed by the Delegate
DEAN YATES
Secretary
Date: 13 August 2013