REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER SHEPPARTON PLANNING SCHEME AMENDMENT
C167
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 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.
On 29 July 2013, Greater Shepparton City Council requested the Minister for
Planning to utilise his powers under section 20(4) of the Planning and Environment
Act 1987 to exempt himself from the notice requirements and prepare, adopt and
approve Amendment C167 to the Greater Shepparton Planning Scheme, to reduce
the extent of the Public Acquisition Overlay in the Mooroopna West Growth Corridor
and Mooroopna West Growth Corridor Development Contribution Plan (DCP) by
removing the southern portion of the Public Acquisition Overlay (PAO15) and correct
infrastructure costs within the DCP.
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 Act and the regulations in respect to Amendment C167 to the Greater
Shepparton 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 Mooroopna West Growth Corridor Structure Plan, July 2009 and Mooroopna
West Growth Corridor Development Contribution Plan, July 2009 were introduced into
the Greater Shepparton Planning Scheme on 8 July 2010 by Amendment C75. The
DCPO3, PAO10, PAO11, PAO14, PAO15 and PAO16 were also applied to land in
the Mooroopna West Growth Corridor by Amendment C75.
6.
This amendment seeks to modify the Public Acquisition Overlay in the Mooroopna
West Growth Corridor and Mooroopna West Growth Corridor Development
Contribution Plan (DCP) to remove the southern portion of the Public Acquisition
Overlay (PAO15) and correct infrastructure costs within the DCP.
7.
Land is being removed from the Public Acquisition Overlay 15 where it has been
demonstrated flood mitigation measures are no longer required (Map No 20PAO).
8.
The Mooroopna West Growth Corridor Development Contribution Plan (Clause 81.01)
is modified to reflect the changes required to development contributions within the
Scheme and corrects paragraph three of Section 6.5 to identify the Mooroopna West
Growth Corridor.
9.
Schedule 3 to Clause 45.06 - Development Contributions Plan Overlay, is amended
to reflect the changes required to development contributions within the Scheme.
10. In June 2012 Greater Shepparton City Council was awarded $5,432,000 for
construction of flood mitigation infrastructure within the corridor through the Federal
Government’s Building Better Regional Cities Program.
BENEFITS OF EXEMPTION
11. 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.
12. The amendment will contribute to the fair and orderly development of land in
accordance with section 4 of the Act by ensuring that appropriate planning controls
apply to the land.
13. The amendment will prescribe a fair and equitable arrangement for cost
apportionment of shared infrastructure required within the corridor, enabling the flood
mitigation works to proceed prior to the development of residential land needed to
address the shortage of developable residential land in the corridor.
14. The timely processing of this amendment will assist the Council meeting the
timeframes set by the Federal Government Building Better Regional Cities Program
funding agreement.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effects of the exemption are that third parties will not have the opportunity to
make a submission or be heard by a planning panel in relation to this amendment.
16. It is considered that the outcome of the amendment would be the same if it went
through a Panel process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
17. The amendment addresses the requirements outlined within the Ministerial Powers of
Intervention in Planning and Heritage Matters general practice note and is consistent
with Cutting Red Tape in Planning Action 7: Remove unnecessary matters, which
recommends the removal of redundant provisions through a fast track procedure.
18. Community and stakeholders had opportunity to comment on the Mooroopna West
Growth Corridor Development Contribution Plan, Mooroopna West Growth Corridor
Structure Plan and strategic justification for application of zones and overlays when
Amendment C75 was exhibited. Those comments were taken into consideration by
an independent panel prior to the adoption and approval of the amendment.
19. Goulburn Broken Catchment Management Authority has advised of no objection to
the proposed changes and accepts the modelling and report as presented.
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 Act and the regulations in respect of Amendment C167 to the Greater
Shepparton 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:
 the amendment has no detrimental effect on third parties and a prompt decision
will assist the proper administration of the Greater Shepparton Planning
Scheme.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 the amendment enables critical flood mitigation infrastructure to be constructed
prior to further residential development occurring in the Mooroopna West
Growth Corridor.
SIGNED BY THE DELEGATE
JANE MONK
Director
Planning Statutory Services
Date: 17 January 2014