REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
WHITTLESEA PLANNING SCHEME
AMENDMENT C185
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 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 8 July 2014, Whittlesea City Council requested that the Minister for Planning exempt
himself from the notice requirements and prepare, adopt and approve Amendment C185
to the Whittlesea Planning Scheme.
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
Planning and Environment Act 1987 and the regulations in respect to Amendment C185
to the Whittlesea 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.
Amendment C106 to the Whittlesea Planning Scheme came into operation on 4
September 2008. The amendment introduced interim planning controls for the South
Morang Major Activity Centre in the form of a local planning policy (Clause 22.15 - South
Morang Major Activity Centre Policy) and a Design and Development Overlay (Schedule
7 – South Morang Major Activity Centre – Key Development Sites).
6.
Clause 22.15 seeks to ensure that land use and development is consistent with the scale
and mix of uses envisaged for an activity centre.
7.
Schedule 7 to the Design and Development Overlay seeks to ensure that the two
identified strategic redevelopment sites at 323, 351, 355 and 391 McDonalds Road,
Epping and 37-39 Buick Crescent, Mill Park accommodate higher density residential use
and development.
8.
The interim planning controls expired on 1 October 2014. In June 2010, Whittlesea City
Council requested an extension to the interim planning controls (Amendment C144).
Amendment C144 to the Whittlesea Planning Scheme came into operation on 23
September 2010. The amendment extended the interim controls until 1 July 2012.
9.
The interim planning controls expired for a second time on 1 July 2012. On 20 July
2012, Whittlesea City Council requested a second extension to the interim planning
controls. Amendment C168 to the Whittlesea Planning Scheme came into operation on
16 May 2013. The amendment extended the interim controls until at Clause 22.15 and
DDO7 until 1 October 2014.
10. On 8 July 2014, Whittlesea City Council requested a third extension to the interim
planning controls. The extension is required to guide decision making on land use and
development in the activity centre while Council completes the South Morang Structure
Plan and introduces permanent planning controls through a separate planning scheme
amendment process.
11. In particular, the amendment:

Extends Clause 22.15 (South Morang Major Activity Centre Policy) until 1 October
2015.

Extends Schedule 7 to the Design and Development Overlay (South Morang Major
Activity Centre – Key Development Sites) until 1 October 2015.
12. In requesting the amendment, Council has indicated that it intends to complete the draft
South Morang Structure Plan by early 2015 and implement the permanent planning
controls by mid 2015.
BENEFITS OF EXEMPTION
13. The main benefit of exemption is that it will enable a prompt decision to be made on the
adoption and approval of the amendment. This will ensure that applications for new use
and development in the activity centre will not compromise the preparation and
implementation of permanent planning controls.
14. The amendment achieves the objectives of planning in Victoria as outlined in section 4
of the Planning and Environment Act 1987 by providing for the fair, orderly, economic
and sustainable use and development of land and by balancing the present and future
interests of all Victorians.
15. The extension of the interim controls will ensure that this strategic development site
fulfils its development potential and maximises housing yield in this well serviced area. If
the interim controls are not approved there is a risk that the sites will be developed at
low densities which fail to utilise the unique access to transport infrastructure and
services which the South Morang activity centre provides.
EFFECTS OF EXEMPTION ON THIRD PARTIES
16. The effect of the exemption is that third parties will not have the opportunity to make a
submission about the interim planning controls or be heard by an independent panel in
relation to the amendment.
17. The parties who may be affected by the exemption include:

The owners and occupiers of properties directly affected by the interim planning
controls.

The owners and occupiers of land adjoining properties directly affected by the
interim planning controls.
18. The permanent planning controls for the South Morang Activity Centre will be subject to
public consultation as part of the public exhibition process for a forthcoming
amendment. This public exhibition process will include notification to prescribed
Ministers; owners and occupiers of properties directly affected by the amendment; and
adjoining land owner and occupiers. If necessary, third parties will also have the
opportunity to participate in a panel hearing about the amendment.
19. The interim planning controls do not prohibit development. The interim local planning
policy “seeks to identify and implement a vibrant, high quality and sustainable built form
and use outcome for all land within the South Morang Activity Centre” and requires
Council to have regard to a number of guidelines when considering relevant planning
permit applications. The interim Design and Development Overlay requires the
preparation and approval of a Design and Development Plan prior to the issue of a
planning permit for building and/or works. The Design and Development Plan should
address the design requirements and outcomes outlined in the overlay.
20. A planning permit application for buildings and/or works and/or subdivision which meets
the requirements of the Design and Development Overlay is exempt from notice and
review, however, the notice and review rights under the relevant zone will continue to
apply.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
21. It is considered more important to extend the interim planning controls to ensure a clear
and consistent approach to the consideration of planning permit applications in the
South Morang Activity Centre than to delay the approval of this amendment.
22. Any affected parties will have the opportunity to comment on the permanent planning
controls for the South Morang Activity Centre as part of the public exhibition process for
a forthcoming amendment.
23. 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
24. 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
Planning and Environment Act 1987 and the regulations in respect of Amendment C185
to the Whittlesea Planning Scheme.
REASONS FOR INTERVENTION
25. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Planning and Environment Act 1987.
26. 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 amendment extends planning controls that are interim in nature only as the
controls expire on 1 October 2014. The interim planning controls are required to be
extended while further work is being undertaken to determine the form of
permanent planning controls for the activity centre.

Any affected parties will have the opportunity to participate in the planning scheme
amendment process that will occur in relation to the introduction of permanent
planning controls for the South Morang Activity Centre.

The extension to the interim planning controls ensures that use and development in
the South Morang Activity Centre does not compromise the implementation of
permanent planning controls for the activity centre.
SIGNED BY THE DELEGATE
CATHY PHILO
Acting Director
Planning Statutory Services
Date: 10 November 2014