Latrobe C69 (DOC, 61.5 KB, 3 pp.)

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REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
LATROBE PLANNING SCHEME AMENDMENT C69
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, in accordance with the Ministerial Powers of Intervention in
Planning and Heritage Matters Practice Note, 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.
Latrobe City Council has requested this intervention
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 C69 to the Latrobe 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 Latrobe City Council introduced the Rural Living Zone over land surrounding the
Latrobe Airport in 2004. Under the provisions of the Rural Living Zone new
developments are in many instances ‘as-of right’, allowing no planning assessment of
particular land uses and developments that may impact on or be detrimentally
affected by the operations of the airport.
6.
In addition, the existing Airport Environs Overlay in the Latrobe Planning Scheme
does not require a planning permit for development and relies on the underlying zone
to trigger a need for planning permit.
7.
An Airspace Protection Report commissioned by the airport board recommended that
the airport board should seek to safeguard the long term usability/viability of the
airport from infringing development via policy in the Latrobe Planning Scheme.
8.
As a result of the recommendation, amendment C49 introduced interim controls to
the Latrobe Planning Scheme over land surrounding the airport in order to enable the
consideration of noise and amenity issues and the impact of incompatible
developments that may compromise restricted airspace boundaries. The controls
introduced by Amendment C49 expired on 1 March 2010.
9.
The interim controls were extended to 1 March 2011 via Amendment C21.
10. On 23 March 2010 Council received authorisation to prepare Amendment C26 to the
Latrobe Planning Scheme to introduce permanent planning controls to facilitate the
ongoing operations of the Latrobe Regional Airport and provide options for the future
expansion of services.
11. Amendment C26 was exhibited from 13 May 2010 to 21 June 2010. Four written
submissions were received, one in support and three in objection.
12. While Council negotiated with submitters opposed to Amendment C26, the existing
interim controls were further extended to 1 March 2012, via Amendment C57.
13. Objections from Australian Paper and Gippsland Water were withdrawn in November
and December 2011 (respectively).
14. Council resolved on 19 December 2011 to refer the remaining opposing submission
to a planning panel.
15. A panel hearing has been set for 14 February 2012.
16. As the current interim controls expire on 1 March 2012, and the permanent controls
will not have been approved by this date, Latrobe City Council has requested that the
Minister use his powers under section 20(4) of the Planning and Environment Act
1987 (the Act) to prepare, adopt and approve planning scheme amendment C69 to
the Latrobe Planning Scheme to:

Replace the Schedule to Clause 52.03 by introducing the incorporated
document ‘Latrobe Regional Airport Interim Land Use and Development
Controls, December 2011’.

Replace the Schedule to Clause 81.01 by introducing the incorporated
document ‘Latrobe Regional Airport Interim Land Use and Development
Controls, December 2011’.
17. Amendment C69 will extend the interim planning controls to 1 December 2012.
BENEFITS OF EXEMPTION
18. 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 to extend the interim controls.
19. As the interim controls approved under Amendment C57 will expire on 1 March 2012,
there is some urgency for this current amendment to be approved so the controls can
be extended. This will ensure that the operations of the airport are not detrimentally
affected by inappropriate use and development of land.
20. The amendment achieves the objectives of s4 of the Planning and Environment Act
1987.
EFFECTS OF EXEMPTION ON THIRD PARTIES
21. The main effect of the exemption is that third parties will not have the opportunity to
make a submission on the amendment or to have these considered by a planning
panel.
22. The permanent controls (Amendment C26) have been subject to full notice and
exhibition requirements and third parties have been provided the opportunity to make
submissions on the permanent controls through the exhibition of Amendment C26.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
23. Given the permanent controls for the airport have been subject to exhibition the views
of third parties are known and are being addressed by Latrobe City Council.
24. The prompt introduction of interim controls will provide ongoing support and
protection for Latrobe Airport, while the permanent controls are being resolved.
25. 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
26. 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 C69 to the Latrobe 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 under
delegated authority to exercise the power under section 20(4) of the Planning and
Environment Act 1987.
28. 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; and
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 The permanent controls will enable Latrobe City Council to manage land use
and development that may impact on, or be detrimentally affected by, the
operation of the Latrobe Airport. These controls will be in place whilst Councils
progresses Amendment C26 which proposes to introduce the permanent
controls. Amendment C26 has been subject to the full notice and exhibition
requirements of the Act and is due to be considered by a planning panel on 14
February 2012.
Signed by the Delegate
DAVID HODGE
Executive Director
State Planning Services and Urban Development
Date: 5 March 2012
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