REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
HUME PLANNING SCHEME AMENDMENT C152
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 my powers of intervention, in accordance with the Ministerial Powers of
Intervention in Planning and Heritage Matters Practice Note, 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.
Hume City Council, Betta Foods Group and Frank McGuire MP have all previously
been in contact with the department in relation to the use of my powers of
intervention under s20(4) to rezone the BFG site at 33-59 King William Street,
Broadmeadows.
2.
All previous requests for intervention were refused. There has been no formal
request for intervention for this current amendment.
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 and the
regulations in respect to Amendment C152 to the Hume 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.
6.
The amendment applies to two separate parcels of land:

2-26 King William Street, Broadmeadows (Yakka)

33-59 King William Street, Broadmeadows (Betta Foods)
The amendment will:
 Rezone both parcels of land from a Business 3 Zone (B3Z) to a Mixed Use
Zone (MUZ)
 Apply a Development Plan Overlay, Schedule 24 (DPO24)
 Apply an Environmental Audit Overlay (EAO)
7.
The site is within the Broadmeadows Central Activities Area (CAA).
8.
The amendment modifies the planning scheme to enable the orderly and cohesive
development of both sites.
9.
The Broadmeadows CAA plays an important role in planning for future growth. In
2002, Broadmeadows was declared a Principal Activity Centre under Melbourne 2030
and more recently its status was upgraded to a CAA through the introduction of
Melbourne 2030: a planning update Melbourne @ 5 Million.
10. Council in conjunction with Department of Planning & Community Development is
currently undertaking a Structure Planning exercise for Broadmeadows. The site area
falls within the Broadmeadows CAA and will form part of the redevelopment of
Broadmeadows and the provision of facilities for the future community.
11. Public consultation was conducted in 2010 on the form and content of the draft
Broadmeadows Structure Plan. Further consultation is expected in June 2011.
12. The rezoning of this parcel of land from the existing Business 3 Zone to Mixed Use
Zone is in line with the vision for Broadmeadows. It will enable the planned and
orderly expansion of the Broadmeadows CAA in line with existing State and local
planning policies on attracting employment, generating appropriate uses and
development within activity centres.
BENEFITS OF EXEMPTION
13. The main benefit of granting this exemption is that it will enable a prompt decision to
be made on the adoption and approval of the amendment, without the need for
further consultation.
14. The grant of exemption will enable a prompt decision to be made in relation to the
amendment which:

Achieves the objectives of planning in Victoria as outlined in Section 4 of the
Planning and Environment Act 1987 by providing for the fair, orderly, economic
and sustainable use, and development of land and by balancing the present
and future interests of all Victorians.

Is consistent with State planning policy, including Melbourne 2030, Melbourne
@ 5 Million, Planning for all of Melbourne and the State Planning Policy
Framework.
EFFECTS OF EXEMPTION ON THIRD PARTIES
15. The effects of the exemption is that notice of the amendment will not be given to
persons under Section 19 of the Act and the amendment will not be placed on public
exhibition. Consequently, there will be no rights for third parties to be heard at a
panel.
16. The amendment will rezone the land and apply the Development Plan Overlay
Schedule 24. This will remove the requirement for third party notification and right of
review during the planning permit application process. The Development Plan will
require the Development Plan to be in accordance with the Broadmeadows Structure
Plan. This will be the subject of further consultation.
17. There has been broad public awareness of the expected outcomes and development
potential for the precinct through its designation as a Principal Activity Centre and
more recently a CAA, and through consultation for the structure plan.
18. I have consulted with directly affected landowners and adjoining properties utilising
my powers under Section 20(5) of the Act consultation with the broader community
was not conducted.
19. Submissions have been received, which opposed including adjoining land in the
rezoning. The issues raised have been considered.
20. Consultation has occurred with Hume City Council and their views are known.
21. Further consultation will be conducted during the preparation of a structure plan for
Broadmeadows. Due to previous consultation in 2010 the views of these persons are
reasonably well known.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
22. The amendment will assist in assuring the developable future of the site and the
vision of the Broadmeadows CAA.
23. The amendment will assist in implementing the State Government’s objectives and
directions of regeneration and activity centre growth in line with Melbourne 2030 and
Melbourne @ 5 Million proposed for Broadmeadows.
24. In this instance it is considered that the benefits of the exemption outweigh the
effects on third parties as the matter will give effect to an outcome where the issues
have been reasonably considered and the views of affected parties are known.
25. 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
26. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Planning and Environment Act 1987 and the
regulations in respect of Amendment C152 to the Hume Planning Scheme.
REASONS FOR INTERVENTION
27. In accordance with the Ministerial Powers of Intervention in Planning and Heritage
Matters Practice Note, I provide the following reasons for my decision to exercise my
power under section 20(4) of the Planning and Environment Act 1987.
28. 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:
 Direct consultation with Hume City Council, affected and adjoining landholders on
the proposed rezoning has been conducted and the views of these parties are
known
 Consultation in 2010 with third parties has been carried out on the ‘Strategic
Directions’ for the draft Structure Plan and the public has been made aware of the
objectives and vision for the CAA
 Any future development to the site will be instructed through the structure plan,
which will be further exhibited to the wider community
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:

The matter is of State significance as bringing forward the amendment will
have a substantial effect on the achievement and development of State
planning policy objectives, including increasing activity and development in
a designated CAA in a timely manner.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 10 June 2011