REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
STONNINGTON PLANNING SCHEME AMENDMENT C134
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. Stonnington City Council, in a letter dated 7 July 2010 has requested the Minister for
Planning prepare, adopt and approve an amendment to the Stonnington Planning
Scheme under section 20(4) of the Planning and Environment Act 1987 (the Act) to
apply heritage controls to the former Methodist Church at 12-14 Spring Road,
Malvern, on an interim basis.
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 C134 to the Stonnington 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 amendment is required to apply heritage controls by applying the Heritage
Overlay to the Former Spring Road Methodist Church at 12-14 Spring Road, Malvern,
on an interim basis until 31 July 2012.
6.
In July 2010, Stonnington City Council received an application for demolition of the
buildings on the site under section 29A of the Building Act 1993.
7.
On 20 December 2010, the new owner/applicant (Ninety Four Feet Pty Ltd) lodged a
planning application with Council (Application No. 1089/10) to redevelop the site for a
multi dwelling development comprising three townhouses within the existing church
building and the construction of 45 apartments within two 4 storey apartment
buildings. Two basement levels are to be provided for car parking. The proposal has
been advertised and attracted 68 objections. The main issues raised relate to
impacts on heritage significance of the site, neighbourhood character and amenity
issues.
8.
The applicant lodged a Review against Council’s failure to determine the application
within the prescribed time at VCAT. The hearing (P1176/2011) is set to be heard
from 15-17 August 2011.
9.
The former Spring Road Methodist Church building has been identified by Council’s
heritage consultant as being of potential local heritage significance in a citation
(heritage report) prepared in support of this amendment by Council’s heritage
consultant. Specifically, the Church is considered to be of local historic, social and
architectural significance to the municipality.
10. As the potential individual heritage place is under threat, Council has requested the
Minister to apply interim heritage controls, and has concurrently progressed the
preparation of a planning scheme amendment to apply the controls permanently
(proposed Amendment C135).
11. On 7 March 2011, Council resolved to request the Minister to introduce interim
heritage controls for the Churches and Halls group under section 20(4) of the
Planning and Environment Act 1987. Council also sought authorisation to prepare an
amendment to apply heritage controls to 14 Churches and Halls in the municipality,
on a permanent basis. The former Spring Road Methodist Church and Halls is one of
the heritage places included as part of the thematic group of churches and halls.
Council expects to be in a position to exhibit the permanent heritage controls
(Amendment C135) in late August/September 2011.
BENEFITS OF EXEMPTION
12. The amendment will achieve the objective of section 4 of the Planning and
Environment Act 1987.
(d) 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;
13. The amendment will meet this objective by ensuring that heritage controls apply to
the place in the interim, until a full investigation is undertaken, and the future
amendment is processed to establish whether permanent heritage controls are
appropriate.
14. The amendment will ensure that the heritage value of the building and its potential
demolition can be considered as part of any assessment of the redevelopment of the
site by VCAT, or an independent Panel.
15. The amendment is consistent with the objectives of the State Planning Policy
Framework and the Local Planning Policy Framework.
EFFECTS OF EXEMPTION ON THIRD PARTIES
16. Public consultation will be provided through the exhibition of permanent heritage
controls for the place as part of Amendment C135, including notification to all the
relevant Ministers, the affected landowners and adjoining and opposite landowners
and occupiers.
17. The amendment will ensure that the heritage value of former Methodist Church
building and its potential demolition can be considered as part of the assessment of
the redevelopment of the site by VCAT and the public interest will be served by
immediate action.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
18. The interim heritage controls (Amendment C134) will ensure that any development is
assessed with regards to the identified potential heritage significance of the site, and
the appropriateness of the permanent heritage controls is assessed during the
processing of Amendment C135.
19. The opportunity for third party involvement will be provided when Amendment C135
proceeds through the full exhibition process, and is considered by an independent
Panel, if necessary.
20. Accordingly, I consider that the benefits of exemption myself from sections 17, 18
and 19 of the Act outweigh any effects of the exemption on third parties.
DECISION
21. I have therefore 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 C134 to the Stonnington Planning
Scheme.
REASONS FOR INTERVENTION
22. 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.
23. 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 interim controls are comparable to those forming part of Amendment
C135 (permanent heritage controls), as they relate to the former Spring
Road Methodist Church building, which will be subject to a separate
process of review.
The interests of this part of Victoria make such an exemption appropriate
because:

It will ensure that the heritage place will be considered as part of any
planning permit application process and the public interest will be served by
immediate action.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 9 August 2011