MINISTERIAL POWERS OF INTERVENTION IN PLANNING
AND HERITAGE MATTERS
REASONS FOR DECISION TO USE POWER OF
INTERVENTION
VICTORIA PLANNING PROVISIONS
AMENDMENT VC104
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 using 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.
No person other than the Minister has proposed or requested this intervention.
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 Planning and Environment Act 1987 (the Act) and the
regulations in respect of Amendment VC104 to the Victoria Planning Provisions (VPP)
and all planning schemes.
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 government committed to reforming planning zones in Victoria to ensure the zones
are still relevant and reflect the aspirations of all Victorians. New and amended zones
were introduced through Amendments V8 and VC100. The new and reformed zones
include simplified requirements, allow a broader range of activities to be considered and
provide an improved range of zones to better manage growth. I prepared, adopted and
approved Amendments V8 and VC100 and exempted myself under section 20(4) of the
Act and the regulations from the notice requirements in relation to those Amendments.
6.
Amendment V8 introduced the Residential Growth, General Residential and
Neighbourhood Residential Zones into the VPP on 1 July 2013 (the new residential
zones).
7.
Amendment VC100, amongst other things, amended the Residential 1, Residential 2,
Residential 3, Mixed Use, Township and Low Density Residential Zones (the reformed
residential zones) and applied clause 55 to residential development up to and including
four storeys. Amendment VC100 reformed the industrial zones, deleted the business
zones and introduced new commercial zones. That amendment was introduced on 15
July 2013.
8.
The government in March 2013 committed to including transitional provisions in the
residential zones as recommended by the Reformed Zones Ministerial Advisory
Committee in its Residential Zones Progress Report dated 14 December 2012. This was
to ensure that existing applications would not be disadvantaged by the new provisions
included in the new residential zones and the consequential changes to Clause 55
applying to four storey residential development.
9.
Amendment VC104 introduces transitional provisions, reflecting the government’s prior,
public commitment to do so. Amendment VC104 changes planning schemes and the VPP
by:

Amending Clause 32.07 - Residential Growth Zone, Clause 32.08 - General
Residential Zone and Clause 32.09 - Neighbourhood Residential Zone to include
transitional provisions for an existing application to construct or extend residential
development of four or more storeys to be exempt from the requirements of clause
55 gazetted in Amendment VC100.

Amending Clause 32.09 – Neighbourhood Residential Zone to include transitional
provisions ensuring that approved development is not prohibited from being
subdivided (Clause 32.09-2) and that existing applications lodged, but not yet
decided, are not subject to the maximum number of dwellings (Clause 32.09-2)
and maximum building height provisions (Clause 32.09-8).

Amending Clause 32.01 - Residential 1 Zone and Clause 32.02 - Residential 2
Zone to update the reference for development exempted from Clause 55 from four
to five storeys to be consistent with other residential zones.

Amending Clause 34.01 - Commercial 1 Zone to ensure that neighbourhood and
site description and design response plans are provided for residential
development subject to Clause 55 and to delete an unnecessary reference to
precinct structure plans.
10. It is intended that in several years the above transitional provisions, except for the
subdivision exemptions in the Neighbourhood Residential Zone, will be removed from the
Residential Growth Zone, General Residential Zone, Neighbourhood Residential Zone,
Mixed Use Zone and Township Zone as they will no longer be required.
11. It is likely that there may need to be permanent transitional provisions for subdivision in
the Neighbourhood Residential Zone to allow for the subdivision of flats and other types of
existing residential development in the inner and middle suburbs dating from the post-War
era.
12. The Amendment also clarifies a requirement in the Commercial 1 Zone to ensure that
neighbourhood and site description and design response plans are provided for
residential development that is subject to Clause 55. The Amendment also removes an
unnecessary requirement in the Commercial 1 Zone in the operation section relating to
precinct structure plans as any floor space requirements from precinct structure plans
have now been included in schedules to the Urban Growth Zone.
BENEFITS OF EXEMPTION
13. The exemption will enable a prompt decision on the adoption and approval of the
Amendment which changes the VPP and local planning schemes to ensure the orderly
and fair application of residential and commercial zoning controls across the state.
14. The transitional provisions introduced by the Amendment will ensure that where councils
undertake planning scheme amendments to apply the new residential zones to residential
land in their municipality, existing permit applications for residential development will not
be unfairly disadvantaged and will ensure that approved development is not prohibited
from being subdivided.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effect of exempting Amendment VC104 from the usual requirements would mean that
third parties would not receive notice of the amendment, be able to make submissions in
relation to the Amendment or be heard by a Panel.
16. The government conducted a full review of Victoria’s planning zones to ensure that they
are still relevant and that they reflect the planning aspirations of all Victorians.
17. The commitment was reflected in government policy in July 2012, when I announced that
Victoria’s planning zones would be reformed. The reform aimed to create the best zones
in Australia for industry, councils and the community, and to provide clearer rules, greater
certainty and simple processes for simple proposals.
18. A Ministerial Advisory Committee was appointed to consider submissions about the
reformed zones and to make recommendations about their final form. Consultation
occurred over 10 weeks between 17 July 2012 and 28 September 2012, where
individuals and organisations were invited to provide comments on the draft zones. 2094
submissions were received, 917 of which commented on the new residential zones, 446
on the commercial zones and 341 on the industrial zones. The advisory committee
considered all submissions, met with numerous submitters and made recommendations
to government. Various government departments and agencies were consulted about the
proposed reformed zones.
19. The government responded to the advisory committee’s report on the residential zones in
March 2013. In that response, the government publicly committed to including transitional
provisions into the residential zones. This was to ensure that existing applications would
not be disadvantaged by the new provisions included in the new residential zones and the
consequential changes to Clause 55 applying to four storey residential development.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON
THIRD PARTIES
20. 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 for the following reasons:
 extensive consultation has occurred on the new and reformed zones. Issues have
been reasonably considered, including the need for transitional provisions, and the
views of affected parties are known through the previous submissions process and
consideration by the advisory committee; and
 further consultation would not alter the outcome of the amendment.
REASONS FOR INTERVENTION
21. I provide the following reasons for my decision to exercise my power under section 20(4)
of the Act.
22. I am satisfied that –
Compliance with any of the requirements of section 17, 18 and 19 of the Act is not
warranted because:
a)
Extensive consultation about the new and reformed zones has occurred.
b)
Transitional provisions have been recommended by the Advisory Committee, and
since March 2013 the government has publicly committed to the introduction of such
transitional provisions.
c)
A planning authority will be responsible for applying the new residential zones in a
local planning scheme.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
a)
The transitional provisions aim to ensure that existing applications are not
disadvantaged by the application of new provisions in the existing, new and amended
zones.
b)
The amended residential zones simplify requirements for existing applications yet to
be decided, but ensure their consistency giving greater certainty about planning
outcomes.
c)
The amended commercial zones clarify requirements related to residential
applications and the operation of a schedule.
d)
There is an urgent need to introduce the transitional provisions promptly to ensure
that they are in place before any of the new residential zones are applied to land in
any part of Victoria’s planning schemes.
DECISION
23. I have decided to exercise my power to exempt myself from the requirements of sections
17, 18 and 19 of the Planning and Environment Act 1987 and the regulations in respect of
Amendment VC104 of the Victoria Planning Provision and all planning schemes.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 5 August 2013