REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MOORABOOL PLANNING SCHEME AMENDMENT C64
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. Polaris Property Group Pty Ltd has requested the Minister for Planning’s intervention
to use section 20(4) of the Planning and Environment Act 1987 in respect of an
amendment to the Moorabool Planning Scheme. The amendment will facilitate the
development of a Neighbourhood Activity Centre in Maddingley West.
The
amendment is supported by Moorabool Shire Council.
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 C64 to the Moorabool 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.
Bacchus Marsh is the Moorabool Shire’s main centre for retail, service and
employment activities. It has the most comprehensive community infrastructure and
is the focus for economic and residential growth.
6.
Moorabool Shire’s capacity to accommodate future urban development is physically
and environmentally constrained. Future population growth needs to be balanced
with protection and sustainable use of the Shire’s environmental assets which
contribute significantly to the lifestyle and attraction of Moorabool Shire as a place to
live, invest and visit.
7.
Urban growth and residential development need to be managed to maintain the
attractive rural setting and lifestyle, and to provide adequate services and facilities in
a cost effective manner.
8.
The amendment applies to Lot A PS 702884T, Parish of Parwan, McCormacks Road,
West Maddingley. The amendment rezones the 2.0ha site from Residential 1 Zone
to the Business 1 Zone and applies a maximum floor area for a shop of 6000 square
meters, for this site.
9.
In considering Polaris’ invitation to intervene, I determined to prepare amendment
C64. I believe application of the Business 1 Zone is the most appropriate planning
tool to give effect to council’s desire for West Maddingley to a well planned and well
serviced environment in which to live.
BENEFITS OF EXEMPTION
10. The main benefit of the exemption will be that it will enable a prompt decision on the
adoption and approval of the amendment.
11. This proposed rezoning to the Business 1 Zone is of regional significance, given the
identified need of delivering a master planned urban development that is well planned
and well serviced in accordance with a Council approved Development Plan.
12. Application of the Business 1 Zone will assist in achieving state planning objectives in
assisting the effective release of land in West Maddingley by providing attractions for
residents.
The successful development of West Maddingley will help to
accommodate population growth over the next 10 years, as required by Clause 14 –
Settlement and in accordance with the Moorabool Planning Scheme at Clause 21.07
Bacchus Marsh.
13. This amendment ensures Moorabool Shire Council is able to provide for the proper
and orderly growth and development within the municipality and ensures there are
adequate and appropriate services to meet anticipated community needs in the
developing community of West Maddingley.
14. The intervention achieves the objectives of section 4(1) of the Planning and
Environment Act, 1987, the objectives of planning in Victoria, by providing for the fair
orderly, economic and sustainable use and development of land and by facilitating
such development through this planning scheme amendment to apply the Business 1
Zone to land identified as a Neighbourhood Activity Centre, to enable it to be
developed in accordance with the approved Development Plan.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of the exemption will be that potentially affected third parties will not have
the opportunity to make submissions to the planning authority on the amendment and
for any submissions to be considered by an independent panel.
16. However, the rezoning of the land to the Business 1 Zone is consistent with the
master plans for the site that have been exhibited and developed in consultation with
the community over an extensive period of time. The neighbourhood activity centre is
shown on the approved Development Plan for the site, which was exhibited for an
eight week period.
The consultation undertaken in the preparation of the
Development Plan has enabled the views of potentially affected third parties to be
considered in deciding whether to exempt the amendment from notice.
17. The amendment was requested by the landowner who wishes to develop their land in
accordance with the Council approved Development Plan. The amendment provides
consistency between the zoning controls and the approved Development Plan for
West Maddingley.
18. The amendment will allow for the timely delivery of a Neighbourhood Activity Centre
that will benefit the local residents in this developing area of the region.
19. The Council at its meeting of 4 July 2012 formally resolved to support the Minister’s
preparation and adoption of the amendment using section 20(4) of the Act.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
20. There are two substantial benefits of this intervention for the future planning of urban
development at West Maddingley: a streamlined planning process and the
development of a more liveable community by delivery of neighbourhood
infrastructure that has been a part of an extensive exhibition process being the
approved Development Plan for the precinct.
21. The developers will receive benefit from being able to develop their land in
accordance with the approved Development Plan.
22. The Development Plan Overlay limits third party involvement in the permit process for
development of this land. The rezoning of this land to enable development that is
consistent with these existing provisions does not alter the existing extent of any
rights to be consulted.
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 Planning and Environment Act 1987 and the regulations in respect of
Amendment C64 to the Moorabool 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 merits of a neighbourhood commercial area in West Maddingley have been
considered in Amendment C34 (planning scheme review) and also in the
extensive consultation and public exhibition of the Council approved
Development Plan that coordinates the growth and development in the area.
This has enabled the views of potentially affected third parties to be considered
in the preparation of the amendment.
The interests of this part of Victoria make such an exemption appropriate because:
 the amendment will facilitate the early development of the land consistent with
the Development Plan which will provide an efficient and integrated urban
development to benefit the community of West Maddingley.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 22 January 2013