REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GLEN EIRA PLANNING SCHEME AMENDMENT C97
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. On 23 September 2011, the City of Glen Eira requested that the Minister for Planning
utilise his powers under section 20(4) of the Planning and Environment Act 1987 to
prepare, adopt and approve Amendment C97 to the Glen Eira 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 C97 to the Glen Eira 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.
On 9 September 2010, the City of Glen Eira requested authorisation to prepare an
amendment to the Cardinia Planning Scheme which proposes to remove the Heritage
Overlay from properties at 466 Hawthorn Road and 2A and 2B Sea View Street,
Caulfield South.
6.
The amendment was required to remove the Heritage Overlay HO114 from the
properties. The subject site (which is subdivided into 3 dwellings) formed part of
Amendment C19, which was approved on 1 May 2003. However, it has recently
come to Council’s attention that only the owner/occupier of the front dwelling of the
property (466 Hawthorn Road) was notified of the amendment and that the owners of
both 2A and 2B Sea View Street were inadvertently left out of the exhibition process
for this amendment and were therefore not aware that a Heritage Overlay (map)
control applied to their properties until very recently.
7.
The entire site is mapped in the Heritage Overlay, however only 466 Hawthorn Road
was nominated as the address for HO114 in the Schedule to the Heritage Overlay.
On 31 August 2010, Council resolved to remove HO114 from the planning scheme in
fairness to the two owners who were not involved in the original process and did not
have the chance to make a submission or influence the process in any way.
8.
Glen Eira Amendment C83 was authorised on 14 February 2011 with a condition
requesting further strategic justification for the amendment as evidence provided with
the authorisation request indicated the need for heritage protection to the sites.
Council’s heritage advisors have indicated that the properties (all three dwellings) are
of heritage significance and worthy of heritage protection in the planning scheme.
9.
The amendment was exhibited from 17 March to 18 April 2011 and two submissions
were received.
10. The amendment was subject to an independent Panel hearing on 16 August 2011.
The Panel recommended that Amendment C83 be abandoned and that Council
request the Minister for Planning to undertake an amendment without further notice,
pursuant to section 20(4) of the Planning and Environment Act 1987 to revise the
Schedule to the Heritage Overlay to include 2A and 2B Sea View Street, Caulfield
South in the description of the land to which HO114 applies.
11. Council have resolved to abandon Amendment C83 and requested that an
amendment be prepared under section 20(4) to include the properties in the Heritage
Overlay.
12. Amendment C97 revises the Schedule to the Heritage Overlay to include 2A and 2B
Sea View Street, Caulfield South in the description of the land to which HO114
applies.
BENEFITS OF EXEMPTION
13. It is beneficial to update the planning scheme to ensure that the intent of the Glen
Eira Planning Scheme is accurate and up to date.
14. The amendment will rectify an anomaly in the Heritage Overlay, ensuring heritage
protection to sites that have been identified as being of heritage significance.
15. The amendment aims to conserve and enhance those buildings, areas or other
places which are of scientific, aesthetic, architectural or historical interest in
accordance with section 4 of the Planning and Environment Act 1987.
EFFECTS OF EXEMPTION ON THIRD PARTIES
16. Consultation was undertaken as part of the exhibition and independent Panel process
for Amendment C83 to the Glen Eira Planning Scheme.
17. Exemptions from the notification requirements of the Act will have a negligible effect
on third parties, as the amendment seeks to correct
18. The amendment has been requested by the City of Glen Eira and recommended by
the independent Panel for Amendment C83.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
19. The amendment rectifies an anomaly in the Heritage Overlay to ensure that heritage
protection applies to sites that have been identified of having heritage significance.
20. 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 Planning and Environment Act 1987 and the regulations in respect of
Amendment C97 to the Glen Eira 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 Planning and Environment Act 1987.
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 will give effect to an outcome where the issues have been
reasonably considered and the views of the affected parties are known.
The matter has been through an extensive consultation process as part of
Amendment C83 to the Glen Eira Planning Scheme.
Signed by the Delegate
Jane Monk
Acting Executive Director
State Planning Services and Urban Development
Date: 5 January 2012