REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
VICTORIA PLANNING PROVISIONS
AND PLANNING SCHEMES IN VICTORIA
AMENDMENT VC111
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.
There has been no request for intervention.
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 VC111 to
the Victoria Planning Provisions and planning schemes.
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.
In accordance with the VPP Practice Note Urban Growth Zone (June 2008), the provisions
in “Part A – Provisions for land where no precinct structure plan applies” (being clauses
37.01-1 to 37.07-8) of the Urban Growth Zone operate similarly to the Farming Zone by
allowing existing farming and other rural activities to continue, and new farming uses to
establish, on land that has been identified for future urban development but where no
precinct structure plan applies.
6.
Amendment VC103 gave effect to the government’s commitment to amend the existing
rural zones to ensure Victoria’s planning zones are relevant and reflect the aspirations of
all Victorians. The reformed Farming Zone provides greater flexibility and removes or
reduces requirements and conditions for use, development and subdivision. The reformed
Farming Zone came into operation on 5 September 2013.
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7.
Given the relationship between the Farming Zone and Urban Growth Zone, Amendment
VC111 is required to align Part A of the Urban Growth Zone with the provisions of the
reformed Farming Zone. The provisions in “Part B – Provisions for land where a precinct
structure plan applies” of the Urban Growth Zone are not being changed by this
amendment as those provisions of the zone do not align with the Farming Zone but are
instead designed to manage the transition of non-urban land into urban land in
accordance with a precinct structure plan.
8.
The amendment changes the Victoria Planning Provisions (VPP) and all planning schemes
that have applied the Urban Growth Zone, being the Ballarat, Cardinia, Casey, Greater
Bendigo, Greater Geelong, Hume, Melton, Mitchell, Whittlesea, Wodonga and Wyndham
Planning Schemes, by amending Clause 37.07 – Urban Growth Zone.
9.
In particular, Amendment VC111 amends the provisions in Part A of the Urban Growth
Zone by:

Reducing the restrictions for alterations and extensions to dwellings, out-buildings and
farm buildings.

Removing the requirement for a mandatory section 173 agreement which restricts
future subdivision after an initial subdivision is approved.

Removing the prohibition on camping and caravan park, funeral parlour, helicopter
landing site, industry (other than rural industry), landscape gardening supplies,
market, motor racing track, pleasure boat facility, service station, trade supplies,
transport terminal, warehouse (other than rural store) and any use listed in Clause
62.01 if any requirement is not met.

Removing conditions restricting group accommodation, place of assembly (other than
carnival, circus and place of worship), residential hotel, restaurant and store (other
than freezing and cool storage and rural store).

Removing permit requirements for primary produce sales, rural industry (other than
abattoir and sawmill) and rural store, if the condition opposite the use is met.

Increasing the threshold for persons that can be accommodated in a bed and
breakfast from six to 10 without a permit.

Making amusement parlour and nightclub prohibited.

Requiring applications for warehouse and industry uses to be referred in accordance
with section 55 of the Act to the Metropolitan Planning Authority (for applications
within metropolitan Melbourne) or the Department of Transport, Planning and Local
Infrastructure (for applications outside metropolitan Melbourne).
10. Amendment VC111 also changes the Victoria Planning Provisions (VPP) and all planning
schemes in Victoria by amending Clause 66 – Referral and Notice Provisions to replace
“Growth Areas Authority” with “Metropolitan Planning Authority” to reflect the creation of
the new planning authority.
BENEFITS OF EXEMPTION
11. 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 which will allow the new provisions to be
introduced into the VPP and planning schemes immediately, thereby assisting in the
orderly application of the reformed Urban Growth Zone across the state and bringing it in
line with the reformed Farming Zone.
12. The exemption will enable the amendment to be gazetted promptly, allowing councils to
consistently assess planning applications against the amended zoning provisions for land
EFFECTS OF EXEMPTION ON THIRD PARTIES
13. The effect of the exemption is that third parties will not receive notice of the amendment
and will not have the opportunity to make a submission or be heard by an independent
panel in relation to the amendment. However, the analysis and recommendations
concerning the Farming Zone as set out in the Rural Zones Report of the Reformed Zones
Ministerial Advisory Committee (the advisory committee) have been considered and the
amendment addresses the views of the Metropolitan Planning Authority.
14. In July 2012, I announced a reform of planning zones across Victoria and released
proposed reformed zones for public consultation. More than 2000 submissions were
received including 1223 submissions in relation to the proposed reformed rural zones.
These submissions were considered by the advisory committee.
15. While the Urban Growth Zone was not considered by the advisory committee, signing the
previsions of the Urban Growth Zone with the reformed Farming Zone is not likely to:

identify any issues other than those contemplated by the advisory committee or
subsequently raised by the Metropolitan Planning Authority; or

give rise to a different outcome than proposed by this amendment given the need to
ensure that the provisions in Part A of the Urban Growth Zone remain aligned with the
provisions in the Farming Zone.
16. To the extent the new provisions remove permit requirements for certain uses, the
amendment introduces conditions restricting the location and scale of the activity. The
various conditions are considered reasonable tests to ensure such uses are not too large,
poorly sited or have the potential for adverse amenity impacts. Where a condition cannot
be met, the use will require a planning permit and relevant third parties will have an
opportunity to participate in the planning permit application process.
17. To the extent the new provisions reduce the restrictions for buildings and works, the
changes are a reasonable and measured way to reduce permit requirements without
impacting on surrounding land.
18. To the extent the new provisions remove the requirement for a mandatory section 173
agreement which restricts future subdivision, these types of restrictions are not
considered appropriate for land in an Urban Growth Zone, which has clearly been
identified for the transition from non-urban to urban use and development. A permit is
still required to subdivide land, so potentially affected parties will be notified of proposed
subdivisions, and the effects of a proposed subdivision will be properly considered
through the permit application process.
19. To the extent the new provisions remove the prohibition on certain uses or remove
conditions restricting certain uses, a planning permit is required and relevant third parties
will have an opportunity to participate in the planning permit application process.
20. To the extent the amendment removes the prohibition on some industry and warehouse
uses with potential amenity impacts on future residents, the new provisions require
applications for industry and warehouse use and development to be referred to the
Metropolitan Planning Authority or the Department of Transport, Planning and Local
Infrastructure to determine whether the proposed use or development will prejudice the
future urban use and development of land.
21. To the extent the new provisions prohibit uses, these uses are inconsistent with the
intent of the Urban Growth Zone, and it is not considered that their prohibition will have
adverse impacts on landowners or third parties within the Urban Growth Zone.
22. To the extent the new provisions increase the number of guests that can be
accommodated at a bed and breakfast without a permit, the larger lot sizes in growth
areas will limit the impact of additional guests on surrounding land. The increase in the
permitted number of guests is in line with the changes introduced through other
reformed zones earlier this year.
23. Given the above, I consider that most of the changes introduced by Amendment VC111
are unlikely to have adverse impacts on landowners or third parties within the Urban
Growth Zone. To the extent that adverse impacts may arise from new uses that are
facilitated by the changes introduced by Amendment VC111, those uses will be subject to
permit requirements including referral requirements, and agencies and third parties will
be notified of particular proposals through the permit application process.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
24. As the provisions in “Part A – Provisions for land where no precinct structure plan applies”
of the Urban Growth Zone are intended to operate similarly to the Farming Zone, it is
necessary to align Part A of the Urban Growth Zone with the provisions of the reformed
Farming Zone.
25. The introduction of the new provisions immediately to planning schemes where the Urban
Growth Zone currently applies will avoid inconsistencies between provisions in the
Victoria Planning Provisions and planning schemes.
26. The changes introduced by the new provisions will have minimal adverse impacts on
landowners and third parties within the Urban Growth Zone. To the extent that any
adverse impacts may arise from uses facilitated by the new provisions, those uses will be
subject to a permit application process which will allow potentially impacted parties to be
notified and have a say in relation to a particular proposal.
27. 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.
REASONS FOR INTERVENTION
28. I provide the following reasons for my decision to exercise my power under section 20(4)
of the Act.
29. I am satisfied that –
30. Compliance with any of the requirements of section 17, 18 and 19 of the Act is not
warranted because:
a)
Placing the amendment on public exhibition, with a potential panel hearing, is not
likely to identify any issues other than those contemplated by the advisory committee
or subsequently raised by the Metropolitan Planning Authority or to give rise to a
different outcome than proposed by this amendment.
b) The new provisions include reasonable tests to ensure uses / developments are not
too large, poorly sited or have the potential for adverse amenity impacts. Where a
condition cannot be met a use / development will require a planning permit and
relevant third parties will have an opportunity to participate in the planning permit
application process.
DECISION
31. 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 VC111 to
the Victoria Planning Provisions and planning schemes.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 17 March 2014