REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MORNINGTON PENINSULA PLANNING SCHEME
AMENDMENT C180
The Planning and Environment Act 1987 (the Act), 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 my powers of intervention, I have 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.
In a letter dated 30 September 2013, Mornington Peninsula Shire Council requested
that I prepare, adopt and approve Amendment C180 to the Mornington Peninsula
Planning Scheme and exempt myself from the usual notice and consultation
requirements in accordance with section 20(4) of the Act.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
I have decided to exercise my powers to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect to Amendment C180
to the Mornington Peninsula Planning Scheme.
3.
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.
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 RACV is seeking to redevelop parts of its existing tourism facility at Cape Schanck
to create a new hotel and conference facility, comprising a reception, restaurant,
lounge, conference and event spaces accommodating up to 650 people, pool, day
spa, gym, golf pro-shop and 120 centrally located accommodation rooms. The
controls will ensure an operationally efficient and well-designed building form. Once
the new hotel and conference facility is operational, the existing conference facilities
on the land will be closed and the buildings will be demolished.
6.
The existing resort was developed in the late-1980s. The current planning controls for
the Cape Schanck Resort are contained in a document incorporated into the
Mornington Peninsula Planning Scheme titled The National Golf Course and Cape
Schanck Resort Development October 2003 (Incorporated Document).
7.
The Incorporated Document will facilitate the redevelopment of the hotel and
conference facility by increasing the cap on conference delegate numbers to 650, and
allowing the new hotel and conference facility to be built in a new location on the
land. Further, due to the age of the Incorporated Document there is a need to
update it to clarify permissions around existing uses on other parts of the land.
8.
Specifically, the amendment will amend the Incorporated Document to:
9.
•
increase the number of function centre patrons permitted from 250 to 650, to
allow for larger conferencing events to be hosted on the land;
•
introduce a clause that requires public notification of a Development Plan for
the new hotel and conference facility, prior to its approval by the responsible
authority;
•
provide for some flexibility in the location of the redeveloped hotel and
conference facility;
•
allow for reticulated, as well as on site, sewerage services; and
•
extend the expiry date of the existing controls to reflect extensions granted
through secondary consent provisions, and to provide an appropriate expiry
date for the controls pertaining to the proposed redevelopment.
The redevelopment project, valued at approximately $135 million, is of regional
significance. It will meet an identified need for enhanced conferencing and tourism
facilities in regional Victoria, a view supported by Tourism Victoria. It will bring both
short and long term socio-economic benefits in generating jobs during planning and
construction, increased local employment and training opportunities and significant
potential to substantially increase visitors to the Mornington Peninsula area and
support local tourism.
10. It is estimated the project will boost the regional economy by approximately $170
million and support up to 470 full time equivalent jobs during the construction stage.
Ongoing jobs associated with the resort facility will increase from the current 57 jobs
to an anticipated 120 full time positions.
11. The RACV Board is predisposed to making a significant investment in Cape Schanck
Resort. Current economic circumstances are favourable for a competitive tender
outcome and RACV is keen to capitalise on this opportunity, however this situation is
unlikely to continue indefinitely.
12. The RACV undertook extensive consultation with nearby and surrounding residents,
the Mornington Peninsula Shire Council, various agencies, the Office of the Victorian
Government Architect and the neighbouring National Golf Club to discuss the
proposed redevelopment.
13. In April 2014, the Department of Transport, Planning and Local Infrastructure
consulted on the amendment under 20(5) of the Act with all owners and occupiers of
land affected by the Incorporated Document, as well as relevant service providers
and referral authorities. 34 submissions were received in response to this
consultation. Amendment C180 responds to relevant concerns raised in submissions,
most of which related to amenity and traffic impacts.
BENEFITS OF EXEMPTION
14. The exemption of the amendment from the requirements of sections 17, 18 and 19 of
the Act and the regulations will ensure a prompt decision can be made on the
amendment, which will enable the controls to be updated to facilitate the
redevelopment in a timeframe that will allow the project to progress to tender while
economic conditions remain favourable. If the updated controls are not introduced in
a timely manner there is a risk that the redevelopment project will not proceed and
the substantial benefits the redevelopment will bring to the Mornington Peninsula will
be lost.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of the exemption is that third parties will not have the opportunity to make
a formal submission in relation to the amendment and for submissions to be
considered by a panel.
16. However consultation has already occurred in relation to the amendment with all
parties who are likely to be affected, and the amendment prepared to respond to
relevant concerns that were raised.
17. Further, the amendment provides that the redevelopment of the hotel and
conference facility cannot take place until the responsible authority has approved a
Development Plan. Notice of the plan must be given for at least 21 days and the
responsible authority must consider all submissions. Potentially affected parties will
therefore have an opportunity to provide input in relation to the redevelopment
before it is finally approved.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
18. The exemption of the amendment will enable the timely introduction of controls to
facilitate the redevelopment. The redevelopment represents a regionally significant
investment in the Mornington Peninsula that will provide a significant boost to
employment during construction, and ongoing economic and social benefits to the
region following completion. These benefits may be at risk if the controls facilitating
the redevelopment are not in place in a timely manner.
19. Consultation with the owners of the National Golf Course, the Council, government
agencies and owners and occupiers of land affected by the amendment has already
occurred and the amendment has been prepared to respond to relevant concerns
that were raised.
20. The redevelopment plans for the site will be subject to community consultation,
comment from relevant servicing and public authorities and approval by the
responsible authority. This consultation is required before the responsible authority
can approve the Development Plan.
21. Accordingly I consider that the benefits of exempting myself from sections 17, 18 and
19 of the Act outweigh any effects of the exemption on third parties.
DECISION
22. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C180
to the Mornington Peninsula Planning Scheme.
REASONS FOR INTERVENTION
23. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
24. I 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 parties likely to be affected by the redevelopment have already been
consulted about the amendment. They, and any other potentially affected
parties, will also have the opportunity to make submissions in relation to
the proposed redevelopment prior to the Council’s approval of the
development plan.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:

the redevelopment project is of regional significance and will bring
substantial benefits to the region. If the changes to the planning scheme
are not made in a timely manner there is a risk that the project will not
proceed.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: