REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
KNOX PLANNING SCHEME AMENDMENT C101
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. Knox City Council has requested that the Minister prepare, adopt and approve
Amendment C101 to the Knox Planning Scheme under Section 20(4) of the Planning
and Environment Act 1987.
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 C101 to the Knox 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 amendment is required to implement the land use and development
recommendations of the Knox Central Urban Design Framework (the Framework) for
the Rembrandts Triangle and Stud Road West precincts, which are within the Knox
Central Principal Activity Centre.
6.
The amendment:
a. Introduces a new zone, Clause 37.06 – Priority Development Zone,
b. Inserts a new Schedule 1 to the Priority Development Zone which will apply
to the subject land,
c. Incorporates the Knox Central – Rembrandts Triangle and Stud Road West
Precincts Plan to the Knox Planning Scheme.
7.
The amendment will permit land uses and development currently prohibited in the
subject precincts, as supported by the State Planning Policy and Local Planning
Policy Frameworks.
8.
The Framework recommends rezonings throughout Knox Central Principal Activity
Centre (Knox Central). A logical and practical way to implement these would be to
apply the ACZ to the entire centre as the permanent land use and development
policy.
9.
Further strategic work and community consultation is required before the ACZ can be
implemented to a number of precincts within Knox Central, however appropriate
strategic work has been completed for the Rembrandts Triangle and Stud Road West
precincts. Council wishes to enable appropriate use and development on the subject
land while strategic work for the rest of Knox Central progresses.
10. Council intends to apply the ACZ to all of Knox Central Principal Activity Centre,
including the subject precincts, once strategic work has been completed. This will be
exhibited and affected parties will have the opportunity to be heard through a formal
planning scheme amendment process.
11. The Priority Development Zone has been drafted so that it can be translated directly
to an ACZ Schedule once the remaining strategic work has been completed for Knox
Central.
BENEFITS OF EXEMPTION
12. The amendment meets the objectives of the Planning and Environment Act 1987 by
facilitating and ensuring the fair, orderly, economic and sustainable use and
development of land within an identified principal activity centre in Knox.
13. The amendment enables the prompt application of controls to the subject land, which
will help facilitate the revitalisation of the Knox Central Principal Activity Centre
through the redevelopment of these strategic sites.
EFFECTS OF EXEMPTION ON THIRD PARTIES
14. The effect of the exemption is that third parties cannot make a submission or be
heard by an independent Panel with respect to Amendment C101.
15. The application of the Priority Development Zone will provide a mechanism to use
and develop land in line with local and State policy on activity centres.
16. The exemptions will not adversely affect the rights of third parties as they will have
the opportunity to make submissions on proposed planning permit applications for
long term sensitive uses.
17. A separate amendment process will be undertaken for the application of controls to
the whole of Knox Central, during which third parties will have the opportunity to
make submissions and be heard by an independent Panel.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
18. The views of third parties will be considered during a separate amendment process
seeking to introduce the Activity Centre Zone to the Knox Central Principal Activity
Centre, and these views will inform the final form of this policy. The application of the
Priority Development Zone will enable the use and development of the subject land
while Council progresses with work for the remainder of Knox Central.
19. The views of Knox City Council are known as it requested the amendment.
20. 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
21. 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 C101 to the Knox Planning Scheme.
REASONS FOR INTERVENTION
22. 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.
23. 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:
 These provisions will provide land use and development guidance for the
Rembrandts Triangle and Stud Road West precincts within the Knox Central
Principal Activity Centre in accordance with Council’s Urban Design Framework
while strategic work is completed for Knox Central.
 The exemptions will not adversely affect the rights of third parties as they will
have the opportunity to make submissions on proposed planning permit
applications for long term sensitive uses.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 27 February 2013