REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
MELTON PLANNING SCHEME AMENDMENT C118
WYNDHAM PLANNING SCHEME AMENDMENT C158
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, 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 Regional Rail Link Authority (RRLA) has requested that I utilise my power under
section 20(4) of the Planning and Environment Act 1987 (the Act) to facilitate
amendments to the Melton and Wyndham Planning Schemes.
2. The amendments will revise the incorporated document applying to Regional Rail Link
Section 2 (RRL2) to be consistent with minor variations to the project corridor.
WHAT POWER OF INTERVENTION IS BEING USED?
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 deciding 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.
5. Having prepared Amendment C118 to the Melton Planning Scheme and Amendment
C158 to the Wyndham Planning Scheme, I have decided to exercise my power under
section 20(4) of the Act to exempt myself from all the requirements of sections 17, 18
and 19 of the Act and the regulations in respect of the amendments.
BACKGROUND
6. The request relates to delivery of RRL2. RRL2 involves the construction of two new
railway tracks and associated infrastructure from west of Werribee to Deer Park the
municipalities of Wyndham and Melton. It will connect into Regional Rail Link Section
1, which will extend from Deer Park to Southern Cross Station in central Melbourne.
The Regional Rail Link will provide increased service capacity and reliability by
separating regional trains from the metropolitan electrified rail network.
7. The ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ is an
incorporated document in the Wyndham and Melton Planning Schemes. The
incorporated document provides for the land identified to be used and developed for
the purposes of RRL2, without the need to obtain planning permits or to otherwise
comply with the Melton and Wyndham Planning Schemes, subject to preparation of,
and compliance with, certain project-specific plans.
8. Recent refinements to the RRL2 alignment design require some minor expansion of
the designated RRL2 project area under the Major Transport Projects Facilitation Act
2009 (MTPF Act) to include:
-
The Christies Road reserve and adjacent private land for the construction of
Christies Road as a two lane road between Middle Road and the existing
roundabout at the future Caroline Springs station site, north of the Ballarat rail
line.
-
A small portion of land on the north east corner of Christies Road and Middle
Road (eastern side of the truncation, north of the existing Middle Road reserve)
to provide a turning bowl for road traffic.
-
Additional land adjacent to Ballan Road, Wyndham Vale, to be acquired by the
Secretary to the Department of Transport to facilitate the development of
Wyndham Vale Station future contingency car parking.
-
Additional land to the east of Hobbs Road at the intersection of Ballan Road so
that the constructed intersection at Hobbs and Ballan Roads meets the future
requirements of both VicRoads and Wyndham City Council.
-
Additional land between Black Forest Road and Bulban Road as a result of
further detailed drainage design.
9. Amendment C118 to the Melton Planning Scheme and Amendment C158 to the
Wyndham Planning Scheme will replace the ‘Regional Rail Link Project Section 2
Incorporated Document, June 2011’ with the revised ‘Regional Rail Link Project
Section 2 Incorporated Document, November 2011’, which will reference a plan
signed by the Surveyor-General and lodged at the Central Plan Office that includes
the above land in the project area.
10. RRL2 is a declared project under the MTPF Act. The additional land will be acquired,
as necessary, under the provisions of the MTPF Act.
11. The amendments also replace the words ‘Roads Corporation’ with ‘relevant road
authority’ in Clause 4 of the incorporated document to ensure that road authorities
other than VicRoads (such as Council) are consulted if the RRLA is to create or alter
access to a road in a Road Zone.
12. The revised incorporated document (November 2011) retains the structure of the
original in all other respects. Works for RRL2 may still only be undertaken subject to
preparation of, and compliance with, certain project-specific plans.
BENEFITS OF EXEMPTION
13. The amendments are consistent with the objectives of planning in Victoria as they will
facilitate the timely development of strategic rail infrastructure to meet growing
demand for rail travel. RRL2 is a key public transport initiative of the Victorian
Government that supports the key policy directions of the State Planning Policy
Framework which set long term planning objectives for Victoria and seek to manage
Melbourne’s growth in a sustainable way.
14. The Regional Rail Link project is jointly funded by the Commonwealth and State
governments.
15. The benefits of the exemption are to enable prompt and coordinated approval of the
amendments to help facilitate timely delivery of the significant public benefits from the
project.
EFFECTS OF EXEMPTION ON THIRD PARTIES
16. The effects of the exemption are that third parties do not have the opportunity to make
formal submissions to the planning authority in relation to the amendments and for
their submissions to be considered by an independent panel.
17. The revised ‘Regional Rail Link Project Section 2 Incorporated Document, November
2011’ retains the conditions imposed in the ‘Regional Rail Link Project Section 2
Incorporated Document, June 2011’ that are designed to provide measures to
address impacts of RRL2 on affected persons, including the preparation of a
Development Plan which incorporates an Environmental Management Plan and is
consistent with noise and ecological impact management plans.
18. The RRLA has consulted with the affected landowners as well as relevant government
stakeholders, including the Department of Planning and Community Development,
Melton Shire Council, Wyndham City Council, VicRoads and the Department of
Sustainability and Environment and has provided me with a consultation report.
Consultation has included meetings and written correspondence with affected
landowners and opportunities for feedback.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
19. The proposed changes to the alignment from that permitted under the existing
‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ are
relatively minor.
20. While the amendments will have some effects on third parties, these have already
been the subject of consultation, with opportunities for feedback. The views of all
affected parties are known. No concerns have been raised about the proposed
changes to the incorporated document or the proposed planning scheme
amendments.
21. If the amendments were to comply with the notice requirements of the Act, this would
necessarily impact on the timing for commencement of works associated with RRL2
delivery of the new rail services which will have significant public benefits. Without the
exemption, RRL2 has the potential to be delayed.
22. Having regard to the above matters, I have concluded that the benefits of the
exemption outweigh any effects on third parties.
DECISION
23. I have decided to exercise the power under section 20(4) of the Act to exempt myself
from all the requirements of sections 17, 18 and 19 of the Act and the regulations in
respect of Amendment C118 to the Melton Planning Scheme and Amendment to the
C158 Wyndham Planning Scheme.
REASONS FOR INTERVENTION
24. I provide the following reasons for my decision to exercise the power under section
20(4) of the Act.
25. 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 variations to the RRL2 project area from that identified in the existing
incorporated document are relatively minor.
 The revised ‘Regional Rail Link Project Section 2 Incorporated Document,
November 2011’ retains the retains the conditions imposed in the ‘Regional Rail
Link Project Section 2 Incorporated Document, June 2011’ that are designed to
provide measures to address impacts of RRL2 on affected persons.
 The views of affected parties are known. The RRLA has consulted with the
affected landowners and relevant government authorities and local councils, with
opportunities for feedback. No concerns have been raised with the proposed
changes to the incorporated document on the proposed planning scheme
amendments.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
 The amendments will facilitate timely delivery of a project of economic, social and
environmental significance to the State which will have significant public benefits.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 6 March 2012