REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
SURF COAST PLANNING SCHEME
AMENDMENT C75
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 Surf Coast Shire Council has requested the intervention to expedite an
amendment to the Surf Coast Planning Scheme to correct zone and overlay mapping
anomalies associated with the land encompassing the Torquay Community and Civic
Precinct.
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 C75 to the Surf Coast 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 Surf Coast Shire wrote to the Minister for Planning on 11 November 2011
requesting that he use his powers of intervention to expedite the preparation,
adoption and approval of Amendment C75 to the Surf Coast Planning Scheme to
make the following changes:
Land
Current Zone
Part 1160 Horseshoe Bend
Residential 1
Road (Site A [3 parts] on Map Zone
1)
Proposed Zone
Public Park
and Recreation
Zone
Other Corrections
Delete Design and
Development
Overlay 1 and
Development Plan
Overlay 8.
Part 1160 Horseshoe Bend
Road (Site B on Map 1)
Public Park and Residential 1
Recreation Zone Zone
Apply Design and
Development
Overlay 1 and
Development Plan
Overlay 8.
Part 1445 Surf Coast
Highway (Site C on Map 1)
Public Use Zone Public Park
6
and Recreation
Zone
Delete Design and
Development
Overlay 1
Part 1445 Surf Coast
Highway (Site D on Map 1)
Public Park and Public Use
Recreation Zone Zone 6
Apply Design and
Development
Overlay 1
Part 1445 Surf Coast
Highway (Site E on Map 1)
Residential 1
Zone
Delete Development
Plan Overlay 8.
Part 1445 Surf Coast
Highway (Site F on Map 1)
Public Use Zone Residential 1
6
Zone
Public Use
Zone 6
Apply Development
Plan Overlay 8.
6.
The changes are required to reflect the existing or designated future use of land
within the Torquay Community and Civic Precinct in accordance with the Council’s
approved Masterplan.
7.
An inconsequential administrative amendment is required to achieve these
corrections.
BENEFITS OF EXEMPTION
8.
The benefits of the exemption are that the Surf Coast Planning Scheme will be
corrected and updated in a timely manner so that it can be properly administered to
regulate use and development of land with the Torquay Community and Civic
Precinct.
EFFECTS OF EXEMPTION ON THIRD PARTIES
9.
The effects of the exemption will be that third parties will not have the opportunity to
make submissions after the preparation of the amendment, nor to be heard by an
independent Panel in relation to the amendment.
10. However, as the purpose of the amendment is to apply the correct zone and overlay
provisions to the affected land that has already been developed or is committed for
future development as part of the Torquay Community and Civic Precinct, the
exemption will not have negative effects on third parties. Rather, the effects of the
exemption are considered positive as it will ensure that land use and development
within the precinct can be properly administered under the Surf Coast Planning
Scheme.
11. The Surf Coast Shire Council owns part of the designated Community and Civic
Precinct and has advised that it has a contract with a landowner to purchase the
balance of the Precinct area which is currently undeveloped land. That landowner
has been informed about the proposed amendment and has advised Council of their
support for the zoning and overlay changes to be made to reflect the future use and
development of land as designated in the Torquay Community and Civic Precinct
Masterplan.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
12. Having regard to the circumstances as a whole, the effects of the exemption on third
parties are considered to be positive as the exemption will allow the planning scheme
to be corrected in a timely manner which will in turn allow for its proper application
and administration.
13. 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
14. 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 C75 to the Surf Coast Planning Scheme.
REASONS FOR INTERVENTION
15. 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.
16. 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 ensures the planning scheme is up-to-date for users and efficient
administration purposes by making zone and overlay mapping corrections to
reflect the existing or designated future use and development of land within the
Torquay Community and Civic Precinct in accordance with the Council’s approved
Masterplan.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 1 March 2012