REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER BENDIGO PLANNING SCHEME C174
KINGSTON PLANNING SCHEME C130
KNOX PLANNING SCHEME C111
MELTON PLANNING SCHEME C127
MONASH PLANNING SCHEME C108
PORT PHILLIP PLANNING SCHEME C93
WHITEHORSE PLANNING SCHEME C148
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 Roads Corporation (VicRoads) has requested the Minister for Planning to utilise
his powers under section 20(4) of the Planning and Environment Act 1987 (the Act) to
exempt himself from the notice requirements and prepare, adopt and approve the
above Amendments.
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 the
above Amendments.
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 amendments apply the Road Zone, Category 1 to roads that have been declared
as a main road, rezones land from Road Zone, Category 1 to the underlying zone
and removes redundant overlays. More specifically:
 Amendment C174 to the Greater Bendigo Planning Scheme will:
-
Rezone the following to Road Zone – Category 1:
o
o
o
Parts of Golden Square-Quarry Hill Road (locally known as Hattam Street)
between Macdougall Road and Woodward Road from Residential 1 Zone,
Industrial 1 Zone and Public Park and Recreation Zone.
Parts of Loddon Valley Highway between 202 Loddon Valley Highway and
Sailors Gully Road from Residential 1 Zone and Road Zone – Category 2.
The section of Ironbark-White Hills Road (locally known as Weeroona
Avenue and Lucan Street) between Midland Highway and BendigoEaglehawk Road (locally known as Arnold Street) from Road Zone –
Category 2.
 Amendment C130 to the Kingston Planning Scheme will:
-
Rezone the following to Road Zone – Category 1:
o
Rezones part of Westall Road between Rosebank Avenue and the
Gippsland Railway from Industrial 1 Zone;
o Rezones part of Osborne Avenue between Westall Road and Culshaw
Avenue from Residential 3 Zone;
o Rezones part of Heatherton Road at its intersection with Westall Road
from Residential 3 Zone;
o Rezones parts of Heatherton Road (Kingston Road) at its intersection with
Old Dandenong Road from Green Wedge Zone – Schedule 2;
o Rezones parts of Old Dandenong Road at its intersection with Heatherton
Road (Kingston Road) from Green Wedge Zone – Schedule 2 and Special
Use Zone – Schedule 2;
- Rezone land adjacent to Westall Road and parts of Westall Road between
Centre Road and Saunders Street from the redundant Road Zone – Category
1 to Industrial 1 Zone, Road Zone – Category 2 and Public Use Zone –
Transport; and
- Delete the Public Acquisition Overlay (PAO1) from parts of Westall Road,
Osborne Avenue and freehold land between the Gippsland Railway and
Bellavista Crescent in Clayton South.
 Amendment C111 to the Knox Planning Scheme will:
-
Rezone the following to Road Zone - Category 1:
o
o
o
Parts of Wellington Road in Rowville from Public Use Zone – Other Public
Use, Business 3 Zone, Urban Floodway Zone, Special Use Zone –
Schedule 3 and Residential 3 Zone;
Part of Dandenong Valley Highway (known as Stud Road) in Rowville from
Residential 3 Zone; and
Part of Lysterfield Road in Lysterfield from Green Wedge Zone.
 Amendment C127 to the Melton Planning Scheme rezones parts of the Western
Freeway and Leakes Road to Road Zone – Category 1 and deletes the Public
Acquisition Overlay – Schedule 1 (PAO1) from parts of the Western Freeway and
Leakes Road.
 Amendment C108 to the Monash Planning Scheme will:
-
Rezones the following to Road Zone - Category 1:
o Parts of Wellington Road between Springvale Road and property No. 726
Wellington Road from Residential 1 Zone and Industrial 1 Zone; and
o Part of Jacksons Road between Wellington Road and property No. 62
Jacksons Road from Residential 1 Zone.
 Amendment C93 to the Port Phillip Planning Scheme will:
Rezone part of Glen Eira – Neerim Road (locally known as Glen Eira Road) to
Road Zone – Category 1 from Residential 1 Zone and Business 1 Zone.
 Amendment C148 to the Whitehorse Planning Scheme will:
-
-
Rezones private property No. 612 Middleborough Road and property No. 2-4
Joseph Street, Blackburn North from Road Zone – Category 1 to the
underlying Residential 1 Zone.
BENEFITS OF EXEMPTION
6. The main benefit of exemption is that it will enable a prompt decision to be made on
the adoption and approval of the amendment.
7.
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 to reflect its use and ownership.
8.
The amendment is consistent with:
 Ministerial Direction on the Form and Content of Planning Schemes under section
7(5) of the Act which requires that a road which is declared as a freeway or an
arterial road under the Road Management Act 2004 must be shown as a Road
Zone - Category 1 on the planning scheme maps.
9.
The amendment will remove redundant provisions and correct anomalies, ensuring
the efficiency and currency of the above Planning Schemes and thus assisting in
effective and efficient decision making.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The effect of the exemption will be that third parties will not have the opportunity to
make a submission or be heard by an independent panel in relation to this
amendment.
11. The amendment is unlikely to have any detrimental impact on third parties as
VicRoads, who owns most of the land, has requested the amendment with the
support of the Council.
12. As the amendment removes redundant controls and applies the most appropriate
planning controls based on land use and ownership, it is unlikely the outcome of the
amendment would change if it were to go through a public exhibition process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
13. Given the benefits the amendment will have in removing redundant planning controls
from land and correct zoning anomalies by applying the appropriate planning
controls, it is considered that the impact on third parties will be negligible.
14. 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
15. 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 C174 to the Bendigo Planning Scheme, C130 to the Kingston Planning
Scheme, C111 to the Knox Planning Scheme, C127 to the Melton Planning Scheme,
C108 to the Monash Planning Scheme, C93 to the Port Phillip Planning Scheme and
C148 Whitehorse Planning Scheme.
REASONS FOR INTERVENTION
16. 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.
17. 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 consistent with:
-
The objectives of planning in Victoria as outlined in section 4(1) of the
Planning and Environment Act 1987.
The Ministerial Direction on the Form and Content of Planning Schemes
under section 7(5) of the Act.
 All affected Councils have indicated their support for the amendments.
 The matter raises issues of fairness or public interest as anomalous provisions
apply and simple inconsequential correction is required.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 27 February 2013