REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WODONGA PLANNING SCHEME AMENDMENT C104
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. Wodonga City Council, in a letter dated 10 October 2012 requested the Minister for
Planning to prepare, adopt and approve an amendment to the Wodonga Planning
Scheme under section 20(4) of the Planning and Environment Act 1987 (the Act) to
apply interim heritage controls (HO11) to 10 Stanley Street, Wodonga, on an interim
basis. The amendment introduces interim heritage controls until a subsequent
amendment (Amendment C97) proposing permanent heritage controls is prepared
and approved.
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 C104 to the Wodonga 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, affects the land at 10 Stanley Street, Wodonga
6.
The amendment applies interim heritage controls (HO11) via the heritage overlay to
No. 10 Stanley Street, Wodonga. Specifically the amendment:
 Varies the schedule to Clause 43.01 Heritage Overlay to include HO11 with interim
status until 28 February 2014;
 Amends Planning Scheme Map No. 7HO by applying HO11.
7.
In support of the request a heritage report, citation and advice has been received
which identifies the place as being of local historical, social and aesthetic
significance.
8.
The Wodonga Heritage Study Stage 1, 2005 prepared by Peter Freeman and
Associates identifies that:
9.
 the place is illustrative of the thematic history of Wodonga as a crossing place and
rising town in the nineteenth century.
Frontier Heritage, May 2011 prepared a citation which identifies that the place is:
 of historic and social significance as it provides tangible evidence of the
development of Wodonga during the late 19th century ; and,
 is architecturally significant as it is a representative example of a late Victorian
period villa
 the place is illustrative of contemporary architecture that was found in larger
metropolitan centres and represents a new found sophistication that the railway
brought to rural areas. The railway strengthened the economy of Wodonga during
the late nineteenth century. The prosperity and anticipation of growth generated
by the railway is visible in the architecture constructed during this time.
10. Advice prepared by Context - People Place Heritage Pty Ltd, November 2012 found
that:
 there no identical examples of this built form having been sited in Wodonga and
no other identical examples of the place recorded in Heritage Victoria’s Heritage
Management Electronic System (HERMES)
 the place is one of the few existing brick residences that are associated with the
1890s development of Wodonga and the arrival of the railway
 the building is a single storey asymmetrical late Victorian brick residence that
retains a high degree of integrity externally and is in good condition
 the building retains much of its original form and fabric, including the original
timber doors and windows the bi-chromatic decorative brickwork with cement
render detailing, two decorative red brick chimneys and early corrugated roof iron
(painted)
 the heritage value is attributed to the building only and not its associated land as
there does not appear to be any trees of heritage value on the site, or early garden
remaining.
11. The thematic history of the study area by Peter Freeman and Associates, citation
prepared by Frontier Heritage and advice from Context Pty Ltd is available for
viewing as a background document to the amendment documents.
12. Wodonga Council proposes to implement permanent heritage controls via
Amendment C97. Amendment C97 proposes to apply the heritage overlay to places
identified in the Heritage Study which includes 10 Stanley Street, Wodonga.
13. Amendment C97 will allow for the significance of these places to be fully considered
with the opportunity for affected parties to comment and for those comments to be
considered by the Responsible Authority.
14. On 28 September 2012 the City of Wodonga received an application to demolish the
building at No. 10 Stanley Street, Wodonga in its entirety.
15. Under Section 29B of the Building Act 1993, Wodonga City Council has suspended
the demolition permit application pending the request to the Minister for Planning to
introduce ‘interim’ heritage controls.
16. Planning application 2011/125 for the “Commercial re development and reduction of
8 car parking spaces” at the site and abutting site at 12 Stanley Street, Wodonga was
refused by Wodonga City Council on 10 July 2012.
17. An application for review has been lodged with the Victorian Civil and Administrative
Tribunal (P22970/2012). To date no hearing date has been scheduled.
BENEFITS OF EXEMPTION
18. The main benefit of the exemption is that it will enable a prompt decision on the
adoption and approval of the amendment.
19. The amendment supports the objectives of planning in Victoria by conserving the
historical interest of the building as described by Section 4 of the Planning and
Environment Act 1987; in particular:
Section 4 (1)
(d)
The objectives of planning in Victoria are -
to conserve and enhance those buildings, areas or other places which are
of scientific, aesthetic, architectural or historical interest, or otherwise of
special cultural value;
20. The purpose of immediately introducing the heritage controls is to curtail any actions
which might undermine the heritage significance while the permanent controls are
prepared and considered.
21. The application of the heritage controls will vary the Schedule to Clause 43.01
Heritage Overlay to include HO11 with interim status until 28 February 2014 and
amend Planning Scheme Map No. 7HO by applying HO11.
22. Clause 43.01 triggers a requirement for a planning permit including but not limited to
the demolition or removal of buildings affected by a heritage overlay and implements
decision guidelines for the Responsible Authority on the granting of planning permits.
EFFECTS OF EXEMPTION ON THIRD PARTIES
23. The effects of the exemption will be that potentially affected third parties will not have
the opportunity to make a submission to the planning authority on the amendment or
for their submission to be considered by an independent panel.
24. The effect of the amendment is that the land owners will be required to apply for a
planning permit for demolition of any buildings and works proposed to be undertaken
on the affected site.
25. The amendment will not prevent development at the affected site, but will provide a
mechanism for Council to consider the impacts on any heritage significance when
determining the merits of an application. Any decision made by the Council is able to
be reviewed by the Victorian Civil and Administrative Tribunal.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
26. The amendment is beneficial to the local community as it enables the protection of a
building which has local historical, social and aesthetic significance and will
implement the objectives of State and Local Planning Policy to identify, conserve and
protect places of aesthetic, archaeological, architectural, cultural, scientific or social
significance as a means of maintaining and enhancing Victoria’s image and cultural
growth.
27. The benefit of immediately introducing the heritage controls is that it will prevent any
actions which might undermine the heritage significance while the permanent controls
are being prepared and considered via Amendment C97.
28. Additionally, the application of interim heritage controls will introduce permit triggers
to enable council to consider whether any proposed development on the land is
appropriate given its local historical significance.
29. The proposed introduction of permanent heritage controls via Amendment C97 will
provide the opportunity for third party involvement. As Amendment C97 proceeds
through the full exhibition process, and is considered by an independent panel, if
necessary, third party rights are available.
30. Coinciding with the exhibition of Amendment C97, Council will consult with affected
land owners and occupiers. Information explaining the process and the implications
of heritage protection will be posted out with the amendment notification
documentation and all information will be available at Council offices and on its
website.
31. 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
32. 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 C104 to the Wodonga Planning Scheme.
REASONS FOR INTERVENTION
33. 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.
34. 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:

Amendment C97 will provide a thorough public consultation process which will
allow for affected parties to comment and for those submissions to be
considered.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:

It will enable a prompt decision on the adoption and approval of the
amendment.
Signed by the Delegate
Jane Monk
Director
Planning Statutory Services
Date: 15 March 2013