REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
HUME PLANNING SCHEME
AMENDMENT C157
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.
The request for intervention has been made by the Growth Areas Authority (the GAA)
in relation to the changes to the Greenvale West (R3) - Precinct Structure Plan,
including the Greenvale West (R3) Native Vegetation Precinct Plan and Greenvale
West (R3) – Precinct Development Contributions Plan, and Schedule 4 to the
Development Contributions Overlay (Merrifield West).
2.
The request for intervention has also been made by Hume City Council in relation to
the changes to Clause 22.19 (Industrial Stormwater Management Policy) and the
Schedule to Clause 52.17 (Native Vegetation).
WHAT POWER OF INTERVENTION IS BEING USED?
3.
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 (the Act) and the regulations in respect to
Amendment C157 to the Hume Planning Scheme.
4.
Section 20(4) of the Act 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.
5.
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
6.
The amendment makes the following minor corrections to the Hume Planning
Scheme:

Amends the footer in Clause 22.19 (Industrial Stormwater Management Policy)
by replacing references to “Clause 22.18” with “Clause 22.19”.

Amends Schedule 4 to the Development Contributions Plan Overlay (Merrifield
West) by correcting the costs and contributions in subclauses 2.0 and 3.0.

Amends the Schedule to Clause 52.17 (Native Vegetation) by reinstating the
permit exemption for 810 Cooper Street, Somerton.

Amends the incorporated documents Greenvale West (R3) - Precinct Structure
Plan, including the Greenvale West (R3) Native Vegetation Precinct Plan and
Greenvale West (R3) – Precinct Development Contributions Plan by correcting
the property specific land use budget tables and replacing references to “Clause
52.17” with “Clause 52.16”.

Amends the Schedule to Clause 81.01 (Incorporated Documents) to refer to the
updated incorporated documents Greenvale West (R3) - Precinct Structure Plan,
including the Greenvale West (R3) Native Vegetation Precinct Plan and
Greenvale West (R3) – Precinct Development Contributions Plan.
7.
Hume City Council has identified an error in the Schedule to Clause 52.17 (Native
Vegetation) whereby the permit exemption for 810 Cooper Street, Somerton was
inadvertently removed from the schedule. The permit exemption was introduced as
part of Amendment C105 to the Hume Planning Scheme in 7 August 2008, however,
the permit exemption was inadvertently removed from the schedule when
Amendment C90 (Part 1) was approved on 13 August 2009. The amendment is
required to amend the schedule by reinstating the permit exemption for 810 Cooper
Street, Somerton.
8.
Hume City Council has also indentified an error in Clause 22.19 (Industrial
Stormwater Management Policy) whereby the footer incorrectly refers to “Clause
22.18”. The amendment is required to correct the footer by replacing references to
“Clause 22.18” with “Clause 22.19”.
9.
The GAA has identified an error in the incorporated documents Greenvale West (R3)
– Precinct Structure Plan (PSP), including the Greenvale West (R3) Native
Vegetation Precinct Plan (NVPP) and Greenvale West (R3) – Precinct Development
Contributions Plan (DCP) whereby the property specific land use budget tables show
the incorrect allocation of land for Government Education.
10. The current property specific land use budget tables (tables 5 and 6 in the PSP and
tables 4 and 5 in the DCP) show the following allocation of land for Government
Education:
Property 2 – 0.35 hectares
Property 4 – 0.88 hectares
Property 5 – 2.27 hectares
11. The amendment is required to amend the property specific land use budget tables by
updating the allocation of land for Government Education as follows:
Property 2 – 0.35 hectares
Property 4 – 0.58 hectares (a decrease of 0.3 hectares)
Property 5 – 2.57 hectares (an increase of 0.3 hectares)
12. The amendment does not change the overall area of land allocated for Government
Education and does not affect the development contribution requirements.
13. The GAA has identified an error in the NVPP whereby the NVPP incorrectly refers to
Clause 52.17 (Native Vegetation) instead of Clause 52.16 (Native Vegetation
Precinct Plan). The amendment is required to amend the NVPP by replacing
references to “Clause 52.17” with “Clause 52.16”.
14. As a consequence of the above changes to the PSP, NVPP and DCP, the Schedule
to Clause 81.01 (Incorporated Documents) is amended to refer to the updated
incorporated documents.
15. The GAA has also identified an error in the gazetted version of Schedule 4 to the
Development Contributions Plan Overlay (Merrifield West) whereby the incorrect
costs and contributions are shown in subclauses 2.0 and 3.0. This occurred at the
time the schedule was approved as a result of an earlier version of the schedule
being provided for gazettal. The amendment is required to amend the schedule to
include the correct costs and contributions in subclauses 2.0 and 3.0.
BENEFITS OF EXEMPTION
16. The main benefit of the exemption is that it will enable a prompt decision to be made
on the adoption and approval of the amendment.
17. The amendment will contribute to the fair and orderly development of land in
accordance with Section 4 of the Act.
18. The amendment will correct minor errors in the Hume Planning Scheme, including
two incorporate documents, which will improve the day-to-day operation of the
planning scheme.
EFFECTS OF EXEMPTION ON THIRD PARTIES
19. The effects of the exemption will be that third parties will not have the opportunity to
make a formal submission to the planning authority or have this submission
considered by an independent panel.
20. The changes were requested by the Growth Areas Authority and Hume City Council.
21. The minor corrections to the property specific land use budget tables in the PSP and
DCP are considered negligible to third parties as the changes relate to an error that
only affects two land owners. The Growth Areas Authority has informed the land
owners of the amendment.
22. The remaining changes to the Hume Planning Scheme are minor and necessary to
reflect previously approved changes or correct administrative errors.
23. Placing the amendment on formal exhibition, with a potential independent panel
hearing, is not likely to give rise to a different outcome to that contained in this
amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
24. The amendment corrects minor errors in the Hume Planning Scheme which will
improve the day-to-day operation of the planning scheme.
25. 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
26. 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 C157 to the Hume Planning Scheme.
REASONS FOR INTERVENTION
27. 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.
28. 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 minor and minor and necessary to reflect previously approved
changes or correct administrative errors, which will improve the day-to-day
operation of the Hume Planning Scheme.
 Placing the amendment on formal exhibition, with a potential independent panel
hearing, is not likely to give rise to a different outcome to that contained in this
amendment and would unreasonably delay the adoption and approval of the
amendment.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date:12 April 2013