REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER GEELONG PLANNING SCHEME AMENDMENT C310
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 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.
The Greater Geelong City Council resolved on 22 April 2014 to request that I prepare,
adopt and approve Amendment C310 to the Greater Geelong Planning Scheme, with
an exemption from notice requirements, under section 20(4) of the Planning and
Environment Act 1987 (the Act), to apply the reformed residential and commercial
zones in the Armstrong Creek Urban Growth Area.
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 Act and the Regulations in respect to Amendment C310
to the Greater Geelong 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 Urban Growth Zone (UGZ) applies to the Armstrong Creek Urban Growth Area
(ACUGA), and approximately 984 hectares is currently available for urban
development. A Precinct Structure Plan (PSP) is the key document that guides the
structure of all new urban development within the UGZ. Three PSPs have been
approved for the North East Industrial Precinct, Armstrong Creek East Precinct (ACEP)
and Armstrong Creek West Precinct.
6.
The three PSPs for the ACUGA guide development through and the application of
‘applied zones’ in the UGZ Schedules 1, 2 and 3. The Industrial 1 Zone (IN1Z), the
Mixed Use Zone (MUZ), the Business 1 Zone (B1Z), the Business 4 Zone (B4Z) and
the Residential 1 Zone (R1Z) are all ‘applied’ zones through the UGZ Schedules.
7.
Greater Geelong City Council has requested that the appropriate new reformed
residential and commercial zones be ‘applied’ in the Armstrong Creek UGZ Schedules
1, 2 and 3. Specifically the General Residential Zone (GRZ), the Commercial 1 Zone
(C1Z) and the Commercial 2 Zone (C2Z) are applied in place of the R1Z and the now
deleted B1Z and B4Z respectively.
8.
The Victorian State Government (the government) has a well-documented reform
agenda which it has made clear would be implemented by 1 July 2014.
9.
Following significant public consultation from 17 July 2012 to 28 September 2012, the
Reformed Zones Ministerial Advisory Committee considered the views of relevant
agencies in formulating its recommendations on the form and content of the
reformed residential zones. The government’s response to these recommendations
was published in March 2013. Publication of this agenda and timeframe for
implementation has been made available through multiple sources including media
releases, publications on the Department of Transport, Planning and Local
Infrastructure website, and particularly through the implementation of Amendment
V8.
10. Amendment VC100, gazetted on 15 July 2013 introduced the reformed commercial
zones into the Victoria Planning Provisions (VPP) and the Greater Geelong Planning
Scheme. The C1Z replaced the B1Z, B2Z and B5Z, whilst the C2Z replaced the B3Z
and B4Z. The three industrial zones were amended and the B1Z, B2Z, B3Z, B4Z and
B5Z were deleted. The industrial and commercial zones have been reformed to
simplify controls, broaden the range of activities and provide greater flexibility and
growth opportunities for Victoria’s commercial, industrial, employment and business
centres.
11. Amendment V8 was gazetted on 1 July 2013 and introduced the Residential Growth
Zone (RGZ), the GRZ and Neighbourhood Residential Zone (NRZ) into the Victoria
Planning Provisions. The residential zones have been reformed to simplify
requirements, allow a broader range of activities to be considered and better manage
housing growth.
12. Amendment C293 introduced the GRZ and Schedule 1 (GRZ1) into the Greater
Geelong Planning Scheme on 30 May 2014 and is the closest policy neutral
translation of the Residential 1 Zone. There are no local ResCode variations in the
GRZ1.
13. Council has also sought to extend a planning permit exemption in the East Precinct,
over development on small lots or extension of a dwelling on a lot less than 300
square metres where the site is identified as a lot to be assessed against the Small
Lot Housing Code. Currently this planning permit exemption applies in the West
Precinct and this amendment will extend this exemption to land in the East Precinct.
14. The Small Lot Housing Code eliminates the need for a planning permit for houses on
lots less than 300 square metres where minimum standards are met. The Code has
been designed to apply to any area where a new Precinct Structure Plan is created in
an Urban Growth Zone.
15. Greater Geelong Planning Scheme Amendment C300 will introduce the reformed
residential zones across the remainder of the municipality.
BENEFITS OF EXEMPTION
16. The main benefit of the exemption is that it will enable a prompt decision on the
adoption and approval of the amendment.
17. Exempting Amendment C310 from the usual public notification and consultation
processes will enable the appropriate reformed residential and commercial zones to
be ‘applied’ through the UGZ Schedules without delay. This will provide certainty to
developers of the ACUGA, investors, the responsible authority and the community.
18. The exemption will avoid duplication of the consultation carried out by the Victorian
State Government during its review of Victoria’s planning zones. The focus of the
review was to ensure zones were functioning correctly and their schedules were still
relevant. The review included a 10 week consultation period on the draft residential
zones, which attracted over 900 submissions. Various government departments and
agencies were also consulted about the reformed zones. An appointed independent
advisory committee reviewed the submissions and provided recommendations on the
content and implementation of the new zones.
19. Applying the planning permit exemption for development on small lots will provide
consistency in the provisions across the ACUGA, reduce planning permit applications
and facilitate the development of the ACUGA consistent with the incorporated
Precinct Structure Plans.
EFFECTS OF EXEMPTION ON THIRD PARTIES
20. The effects of exemption of the amendment from notice requirements is that third
parties will not have an opportunity to be formally notified of the amendment to
make submissions or to have their submissions considered by an independent
planning panel.
21. The changes introduced by the amendment are unlikely to have any adverse impacts
on landowners. Placing the amendment on public exhibition, with a potential panel
hearing, is not likely to give rise to a different outcome than proposed by this
amendment given the implementation of the new commercial zones in the Greater
Geelong Planning Scheme through Amendment VC100, and the introduction of the
reformed residential zone by 1 July 2014.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
22. The Greater Geelong City Council has requested that I undertake this amendment to
apply the reformed zones to the Armstrong Creek Urban Growth Area.
23. The developer of the East Precinct has requested the ability to use the Small Lot
Housing Code in the East Precinct, as currently applies in the West Precinct.
24. Substantial consultation occurred during the review of Victoria’s planning zones,
which included draft residential, commercial and industrial zones. The government
has a clear agenda to reform residential, industrial and commercial zones as
evidenced by the introduction of Amendments V08 and VC100 gazetted on 1 and 15
July 2013 respectively.
25. The reformed zones for Victoria have been approved to better respond to presentday requirements and will give greater clarity about the type of development that can
be expected in any residential area.
26. 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.
27. Applying the new zones will facilitate the development of the ACUGA and better
manage growth.
28. The planning permit exemption, for small lot development, removes an unnecessary
planning permit trigger and facilitates development of the ACUGA in accordance with
the incorporated Precinct Structure Plans.
DECISION
29. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C310
to the Greater Geelong Planning Schemes.
REASONS FOR INTERVENTION
30. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
31. 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:
 The Victorian State Government has a clear agenda to reform residential zones
across all planning schemes as evidenced by the introduction of Amendment V8,
gazetted on 1 July 2013 and Amendment V100 gazetted on 15 July 2013, and this
amendment implements the reforms in the Armstrong Creek Urban Growth Area of
Geelong.
 The changes resulting from applying the reformed residential zone and referencing
the reformed commercial zones, through the Schedules to the Urban Growth Zone,
are relatively modest, so people's rights to use and develop their land will not be
significantly different.
 The ability to utilise the Small Lot Housing Code in the East Precinct will remove an
unnecessary planning permit requirement and facilitate the timely development of
the Armstrong Creek Urban Growth Area, consistent with the incorporated Precinct
Structure Plan.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 17 July 2014