REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
EAST GIPPSLAND PLANNING SCHEME AMENDMENT C109
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 Chief Executive Officer of East Gippsland Shire Council has requested this
intervention within a letter dated 21 September 2012, subsequent to a unanimous
motion of Council to seek this request on 5 June 2012.
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 C109 to the East Gippsland 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 land affected by the amendment is at 26 Phillips Lane, east of the existing
Patties Foods facilities and at a gateway entrance to Bairnsdale.
6.
The amendment will introduce at clause 52.03 a site specific control for the land to
allow for:

the creation of a drainage reserve on part of the land that is required to allow
the expansion of the nearby Patties Foods facilities (as well as other
developments in the surrounding area); and

the opportunity for planning permit applications to be considered for a
camping and caravan park and commercial uses on the land.
7.
Patties Foods Ltd is a major
for the past 48 years grown
manufacturer in Australia.
employing over 500 people.
driver of economic growth
Gippsland region.
contributor to the economy of East Gippsland and has
to be a leading food manufacturer and the largest pie
The company is a major employer in the region,
The continued growth of the company is an important
for the city of Bairnsdale, East Gippsland and the
8.
The implementation of the East Bairnsdale Drainage Strategy to facilitate the
expansion of the Patties Foods facilities is of critical importance and must be
undertaken to allow the planned expansion of the plant in 2014. If the drainage
issues are not resolved in a timely manner, Patties Foods has indicated that it will
relocate its operation from Bairnsdale.
9.
Implementation of the East Bairnsdale Drainage Strategy is also critical for the wider
locality, including development of the neighbouring Business 4 Zoned land on the
corner of Phillips Lane and the Princes Highway. Integral and key to the operation of
the drainage strategy is the construction of a drainage detention basin on the land
which is the subject of this amendment.
10. Council has been undertaking the drainage studies of this area since 2009, and the
form of the proposed drainage reserve is generally known within the community. The
East Bairnsdale Drainage Strategy includes a requirement to undertake stakeholder
engagement ensuring that stakeholders understand the issues and requirements of
the project.
11. There is general public awareness of the provisions of the proposed amendment as a
draft of the Incorporated Document was available for the consideration of Councillors
at the 5 June 2012 East Gippsland Shire Council Ordinary meeting. The draft
Incorporated Document remains available for public viewing as an appendix to the
Minutes of that meeting on the East Gippsland Shire web site.
BENEFITS OF EXEMPTION
12. The main benefit of the exemption is that it will enable the prompt adoption and
approval of the amendment. This will facilitate the timely construction of an important
drainage retention basin that is critical for the expansion of surrounding
developments.
13. This in turn will allow for the expansion of the Patties Foods facility, which has been
planned for several years and will result in significant benefits to the regional
economy. Without exemption, the drainage reserve may not be able to be
constructed in time to meet the construction timetable that is critical to Patties Foods.
EFFECTS OF EXEMPTION ON THIRD PARTIES
14. The effect of the exemption will be that third parties will not have the opportunity to
make a formal submission to the planning authority and have this considered by an
independent Panel.
15. The land owners that are affected by the amendment have reached agreement with
the East Gippsland Shire Council regarding the form of the development and support
the proposal to seek this Ministerial intervention.
16. Planning permit applications will be required to authorise development of the
proposed commercial and camping and caravan park facilities on the subject land.
Third parties will have the opportunity to comment regarding these applications and, if
necessary, have their objections to a proposed development heard by the Victorian
Civil and Administrative Tribunal.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
17. The Patties Foods facility is a major source of employment in the region, and is a
critical part of the region’s economy. It is considered that sustaining and expanding
this major employment base is critical for the economic well-being of the region, and
exemption of the amendment from notice will allow this to occur in a timely manner.
18. If the drainage reserve is not constructed so as to allow the expansion of the Patties
Foods facilities in a timely manner, Patties Foods has indicated that it may be forced
to relocate its operations away from the region.
19. The parties most affected by the amendment, namely the Council, the owner of the
affected land and Patties Foods, have been consulted and all are supportive of the
amendment.
20. 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.
DECISION
13. I have 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 C109 to East Gippsland Planning Scheme.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section
20(4) of the Planning and Environment Act 1987.
15. 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 landowners directly affected by the amendment are aware of and
support the amendment

Any future development will be subject to notice and review through
planning permit application processes
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:

The prompt implementation of the Bairnsdale East Drainage Strategy will
allow for the timely expansion of a regionally important manufacturing
facility. If the expansion is delayed, there is a risk that the facility will be
forced to relocate out of the region.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 24 January 2013