REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
BASS COAST PLANNING SCHEME AMENDMENT C137
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 2 July 2013, Bass Coast Shire Council wrote to the Minister for Planning
requesting an amendment using s20(4) of the Planning & Environment Act 1987 (the
Act) to apply heritage controls in the Bass Coast Planning Scheme. The amendment
implements the Bass Coast Heritage Study as considered via Amendment C64 Part
2.
2. On 16 July 2013, PlannedFX, on behalf of the Cape Paterson Ecovillage, wrote to the
Minister for Planning requesting an amendment using s20(4) of the Act to the
Incorporated Document associated with the Cape Paterson Ecovillage. The
amendment extends the commencement and completion dates for the project. Bass
Coast Shire Council wrote in support of this request.
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 C137 to the Bass Coast
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
Heritage
5.
Bass Coast Heritage Study (2004) was adopted by Council on 16 February 2005.
This amendment gives statutory effect to protect heritage assets identified in the
Study.
6.
Interim controls over properties identified in the study were gazetted on 7 September
2006 via Amendment C63. These interim controls are still in place for the properties
affected by this amendment.
7.
Authorisation for a planning scheme amendment (C64) to introduce permanent
controls was given on 7 September 2006. Exhibition in January 2007 resulted in 262
submissions. At its April 2007 meeting Council resolved to split the amendment into 3
parts:

8.
9.
Part 1, approve 85 significant heritage places which were not subject to
submissions (gazetted 12 September 2012);
 Part 2, refer submissions to an independent panel appointed by the Minister
for Planning;
 Part 3, abandon the places and precincts no longer deemed as having
heritage significance (has not been actioned, though the amendment has
lapsed). The places that formed Amendment C64 Part 3 were determined by
a Council appointed Advisory Committee comprising Councillors, Council
officers, historical society representatives, the former Department of Planning
and Community Development and Heritage Victoria. These places had interim
controls removed via Amendment C76 (gazetted 22 November 2007).
Amendment C84 further removed interim controls from an additional three
properties (gazetted 29 May 2008).
Submissions to Amendment C64 Part 2 were heard at a panel hearing conducted
over three days between 30 October 2007 and 15 November 2007. Council adopted
the panel recommendations in February 2008. The recommendations included
further research and investigation for 26 sites as well as a review of 6 precincts. This
further work is contained in the Shire of Bass Coast Heritage Study (Stage 2) Post
Panel Implementation Report. On completion of the further work Council adopted
Amendment C64 Part 2 on 25 July 2012.
The amendment was ready to process in February 2013 when it was found that, due
to the passage of time, the amendment had lapsed in accordance with section
30(1)(a) of the Act.
10. Amendment C137 reflects the content of Amendment C64 Part 2.
Cape Paterson Ecovillage
11. The Cape Paterson Ecovillage Incorporated Document was introduced to the Bass
Coast Planning Scheme via Amendment C119 (12 May 2011). The Amendment
rezoned land at Wilsons Road, Cape Paterson to Comprehensive Development Zone
to facilitate the development and use of the Cape Paterson Ecovillage.
12. The use and development of the land could not commence until further planning
approvals were received including for vegetation removal and subdivision of the land.
Bass Coast Shire Council issued Planning Permit No. 120069 for the vegetation
removal and subdivision on 20 March 2013.
13. The “Cape Paterson Ecovillage Comprehensive Development Plan” stipulated that the
development was to commence by 12 May 2013. This has not been achieved due to
the conditions of the planning permit requiring further approvals to be obtained before
works commenced. PlannedFX submitted a request to extend the Incorporated
Document to the Bass Coast Shire Council on 21 May 2013, in accordance with
condition 15 of the Incorporated Document.
14. Condition 15 states that the Responsible Authority can extend the Incorporated
Document in writing. Legal advice clarified that only an amendment can extend the
expiry of the incorporated document.
15. Amendment C137 amends conditions 1 and 15 of the “Cape Paterson Ecovillage
Comprehensive Development Plan” to allow development to commence within four
years and be completed within eight years of the date of gazettal of Amendment C119
(12 May 2011) and to require any changes to the development to be generally in
accordance with the Development Plan attached to the Incorporated Document.
BENEFITS OF EXEMPTION
16. 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.
17. The amendment will facilitate significant community benefits in the form of making
provision to protect heritage assets.
18. The amendment will remove the seven year old interim heritage controls from sites
with no heritage significance.
19. The amendment will finalise a long term strategic project for the Bass Coast Shire
Council.
20. The amendment will ensure that the development of the Cape Paterson Ecovillage is
proceeds and the expected outcome of the development is assured.
21. The amendment achieves the objectives set out in section 4 of the Act, particularly, to
conserve and enhance those buildings, areas or other places which are of scientific,
aesthetic, architectural or historical interest, or otherwise of special cultural value.
EFFECTS OF EXEMPTION ON THIRD PARTIES
22. The effect of the exemption would be that potentially affected third parties will not
have the opportunity to make a submission nor be heard by a panel in relation to the
amendment.
23. Amendment C64 Part 2 has undergone extensive notification with submissions to the
amendment being considered by a panel.
24. The amendment does not introduce heritage controls to any property that is not
currently affected by the interim controls.
25. The extension of dates for commencement and finalisation of the Cape Paterson
Ecovillage will have minimum impact on the expectations of the community as the
development is already an expected outcome. In addition the Cape Paterson
Ecovillage has been the subject of secondary approvals resulting in the views of the
community, council and government agencies being reasonably known.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
26. The significant community benefits outweigh any negative third party effects.
Opportunity to put forward individual interests has been available through the
preparation of the Heritage Study, secondary approvals for the Ecovillage and the
planning scheme amendment process.
27. Submitters to the original heritage amendment have had the opportunity to have their
concerns addressed by an independent panel.
28. The removal of the interim heritage controls will allow development opportunities on
land that have been encumbered by these heritage controls.
29. Extensions to the commencement and completion dates for the Ecovillage will enable
a development to occur which is already expected by the community.
30. 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
13. 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 C137 to the Bass Coast
Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
15. 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 views of third parties are known.
 Placing the amendment on formal exhibition is not likely to give rise to a
different outcome.
Signed by the Delegate
JANE MONK
Director
Planning Statutory Services
Date: 12 August 2013