REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C76
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, in accordance with the Ministerial Powers of Intervention in
Planning and Heritage Matters Practice Note, 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 Roads Corporation (VicRoads) has requested the Minister for Planning to utilise
his powers under section 20(4) of the Planning and Environment Act 1987 (the Act) to
exempt himself from the notice requirements and prepare, adopt and approve
Amendment C76 to the Yarra Ranges 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 Planning and Environment Act 1987 and the regulations in respect to
Amendment C76 to the Yarra Ranges 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 applies the Road Zone, Category 1 to roads that have been
declared a main road, removes redundant overlays, corrects the alignment of an
existing overlay and rezones land where the Road Zone, Category 1 incorrectly
applies to its underlying zone. More specifically, Amendment C76 to the Yarra
Ranges Planning Scheme will:

Rezone part of Lilydale-Monbulk Road (Anderson Street/Swansea Road south of
Hardy Street) from Public Use Zone 6 (Local Government) to a Road Zone,
Category 1.

Remove the Public Acquisition Overlay from part of Lilydale-Monbulk Road
(Anderson Street/Swansea Road south of Hardy Street) where the Road Zone,
Category 1 is applied.

Realign the existing Public Acquisition Overlay to the south-west corner of
Lilydale-Monbulk Road (Anderson Street) and Hardy Street.

Rezone part of Lilydale-Monbulk Road (Swansea Road) near the intersection with
Old Gippsland Road from part Public Use Zone 6 (Local Government), Public
Park and Recreation Zone and Public Use Zone 1 (Service and Utility) to a Road
Zone, Category 1.

Rezone part of Lilydale-Monbulk Road (Anderson Street/Swansea Road south of
Hardy Street) to a Public Use Zone 6 (Local Government) and Public Use Zone 3
(Health and Community) incorrectly zoned Road Zone, Category 1.

Rezone part of Lilydale-Montrose Road (Swansea Road, near Cashins Mill Place)
from Residential 1 Zone to a Road Zone, Category 1.
BENEFITS OF EXEMPTION
6.
The main benefit of exemption is that it will enable a prompt decision to be made on
the adoption and approval of the amendment.
7.
The amendment will contribute to the fair and orderly development of land in
accordance with section 4 of the Act by ensuring that appropriate planning controls
apply to the land to reflect its use and ownership.
8.
The amendment is consistent with:
9.

“Action 7: Remove unnecessary matters” in Cutting Red Tape in Planning which
recommends the removal of redundant provisions through a fast track procedure.

“Direction 9: Better planning decisions, careful management” in Melbourne 2030
which recommends improving the operation of the planning system.

The Advisory Note A protocol for fast tracking amendments which also
recommends the removal of redundant provisions through a fast track procedure.

Ministerial Direction on the Form and Content of Planning Schemes under section
7(5) of the Act which requires 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 amendment will remove redundant provisions and correct anomalies, ensuring
the efficiency and currency of the Yarra Ranges Planning Scheme and thus assisting
in effective and efficient decision making.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The effect of the exemption will be that third parties will not have the opportunity to
make a submission or be heard by an independent panel in relation to this
amendment.
11. The amendment is unlikely to have any detrimental impact on third parties as
VicRoads, who owns most of the land, has requested the amendment with the
support of the Council.
12. Where the amendment impacts on privately-owned land, it applies planning controls
consistent with those applied to surrounding privately-owned properties and will allow
a greater range of use and development than contemplated by the Road Zone.
13. As the amendment removes redundant controls and applies the most appropriate
planning controls based on land use and ownership, it is unlikely the outcome of the
amendment would change if it were to go through a public exhibition process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
14. Given the benefits the amendment will have in removing redundant planning controls
from land and correct zoning anomalies by applying the appropriate planning
controls, it is considered that the impact on third parties will be negligible.
15. Land owners will benefit from an increase in use and development rights consistent
with the surrounding area. Any proposal to use or develop the land will need to
comply with the Planning Scheme, including third party notice and review rights.
16. 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
17. 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 C76 to the Yarra Ranges Planning Scheme.
REASONS FOR INTERVENTION
18. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note 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.
19. 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 consistent with:

The objectives of planning in Victoria as outlined in section 4(1) of the
Planning and Environment Act 1987.

“Action 7: Remove unnecessary matters” in Cutting Red Tape in Planning.

“Direction 9: Better planning decisions, careful management” in Melbourne
2030.

The Advisory Note A protocol for fast tracking amendments.

The Ministerial Direction on the Form and Content of Planning Schemes under
section 7(5) of the Act.
 Yarra Ranges Shire Council supports the amendment.
 The matter raises issues of fairness or public interest as anomalous provisions
apply and simple inconsequential correction is required.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 7 July 2011