REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
YARRA RANGES PLANNING SCHEME AMENDMENT C175
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 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. Insight Planning Consultants has requested me to assist in facilitating an amendment
to the Yarra Ranges Planning Scheme, with exemption from notice requirements
under section 20(4) of Planning and Environment Act 1987 (the Act) to facilitate the
development of part of the land at 248-268 Maroondah Highway, Chirnside Park
(Eastridge site) and remove the contradiction in the planning scheme between the
Commercial 1 Zone and the Development Plan Overlay – Schedule 5.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
I have decided to exercise the power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect to Amendment C175
to the Yarra Ranges Planning Scheme.
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
The site
5.
Amendment C175 relates to land at 248-268 Maroondah Highway, Chirnside Park,
otherwise known as the Eastridge site, which forms part of the Chirnside Park Activity
Centre. The land is bound by Maroondah Highway to the west, Fletcher Road to the
north, Manchester Road to the east and industrial and residential land to the south.
The current and proposed planning controls
6. Part of the Eastridge site is zoned Commercial 1, and part is zoned Residential
Growth Zone Schedule 3 (RGZ3). The site is subject to the following overlay controls:

Development Plan Overlay - Schedule 5 (DPO5) (Clause 43.04)



7.
Development Contributions Plan Overlay Schedule 1 (Chirnside Park Major Activity
Centre Development Contributions Plan) (Clause 45.06)
Special Building Overlay (Clause 44.05)
Environmental Audit Overlay (Clause 45.03).
Amendment C175 removes the DPO5 controls that currently apply to the land, but
leaves the zoning of the land and the remaining overlay controls unchanged.
History
8.
Strategic work undertaken by Yarra Ranges Shire Council (Council) has identified
significant development opportunities for key sites within the activity centre, including
the Eastridge site.
9.
Council’s adopted Chirnside Park Major Activity Centre Structure Plan (2006) and
Chirnside Park Urban Design Master Plan (2010) provide guidance for future land use
and development within the centre. This work was prepared using extensive public
consultation processes.
10. Building on the strategic planning work undertaken by Council, in December 2009 the
Eastridge site was rezoned from Industrial 1 to partly Residential 2 and partly
Business 2 by Amendment C88. Amendment C88 also applied the DPO5 and an
Environmental Audit Overlay. A Development Plan was approved pursuant to the
DPO5 controls at around the same time, which identified various preferred uses in
various locations around the site as well as imposing built form controls.
11. Since Amendment C88 was approved, KFT Investments Pty Ltd (the owner of the
site) has made numerous efforts through Council to progress the development of the
Eastridge site as envisaged by the overall planning framework introduced by
Amendment C88. Most recently, this included lodging a permit application with
Council in July 2014 which was has not progressed due to the prescriptive nature of
the DPO5.
12. Since 2009 (when the DPO5 controls were put in place and the Development Plan
was approved), zone reform has changed significantly what is allowed on the site
while the prescriptive DPO5 remains in place. As a result, the site has remained
largely vacant.
13. In July 2013, VC100 introduced the reformed commercial zones to the Victoria
Planning Provisions, and converted the part of the Eastridge site that was in a
Business 2 Zone to a Commercial 1 Zone. As a result, the part of the site that is now
in a Commercial 1 Zone can be used for a broader range of land uses without a
planning permit. This includes the uses required for the proposed retail premises
(Dan Murphy’s and Masters).
14. The DPO5 controls are now considered redundant. The DPO5 and the associated
Development Plan are inconsistent with the purposes of the new Commercial 1 Zone,
and the more facilitative nature of the Commercial 1 Zone controls compared to the
old Business 2 Zone controls. Further, the range of uses envisaged by the
Development Plan no longer reflects current market conditions, as demonstrated by
the difficulties the owner has had in securing tenants for the site for the uses
envisaged by the Development Plan.
Benefits of the proposal
15. The proposed development is in line with previous strategic work undertaken by
Council and reflected in the Scheme. It is also consistent with the purposes of the
current zoning of the land, reflected in the fact that the proposed uses do not require
a permit under the Commercial 1 Zone.
16. The proposed development continues to comply with State and local policies and
directions and will continue to be a major contributor to the development of Chirnside
Park Activity Centre, as identified in the Metropolitan Strategy.
17. The owner has progressed negotiations with Masters and Dan Murphy’s and has
reached a point where the commercial terms supporting the proposed development
are known and documentation has been negotiated. The binding agreement for lease
and construction contracts has been executed. Should the planning approvals
required for the development not be secured promptly, the lease arrangements and
funding could be put at risk and the significant benefits that the development would
bring to this part of Victoria would be lost.
18. Removal of the redundant DPO5 will enable the Eastridge site to be used for retail
premises in accordance with the Commercial 1 Zone provisions, and subsequently
enables planning approvals for construction of the uses to be obtained from Council
as the responsible authority. Any future application for buildings and works lodged
with Council will be exempt from the notice requirements and review rights of the
Act, except in relation to bicycle space reduction, car parking reduction, the liquor
licence component and signage.
BENEFITS OF EXEMPTION
19. Exemption of this amendment from the usual notification and consultation
requirements under the Act and regulations will enable a prompt decision on the
amendment for corrections to the Yarra Ranges Planning Scheme and remove the
contradiction between the zone and overlay provisions on the site.
20. By removing the redundant DPO5 provisions, the appropriate land use can be
considered in a timely manner. The funding and commercial arrangements that the
proponent has committed to for the immediate development can be progressed, and
the substantial benefits that the proposed development will bring to this part of
Victoria will not be put in jeopardy by further delays in the planning approval process.
EFFECTS OF EXEMPTION ON THIRD PARTIES
21. The effect of exempting this amendment from the usual notice requirements will
remove the opportunity for potentially affected parties to be formally notified of the
amendment and have their submissions considered by a panel.
22. I have undertaken targeted consultation in relation to Amendment C175 under
section 20(5) of the Act to obtain input from specific parties, including VicRoads,
Public Transport Victoria and adjoining landowners and occupiers. Therefore, I do not
consider that compliance with the usual notice requirements is warranted in this case.
The proposed development is consistent with the strategic planning for the site and
the purposes of the existing Commercial 1 zoning, and I do not consider that further
consultation in relation to the Amendment would be likely to change the outcome.
23. Having regard to these factors, I do not consider that the standard planning scheme
amendment process, including public notification and consideration of any
submissions received by a Panel, is warranted in this case.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
24. For the reasons set out above, I consider that any effect on third parties of my
decision to exempt myself from giving notice in relation to Amendment C175 is
outweighed by the benefits of the exemption.
25. The Amendment is limited in its effect, as it does not grant approval for the
development of the proposed Masters Home Improvement and Dan Murphy’s store
without approval of a permit.
DECISION
26. I have decided to exercise the power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C175
to the Yarra Ranges Planning Scheme.
REASONS FOR INTERVENTION
27. I provide the following reasons for my decision.
28. 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:
 Given the consistency of the proposed development with the current zoning of
the site and the strategic planning for the site and the area, I consider that
further notification through the formal statutory process is unnecessary, and
would be unlikely to alter the outcome.
 Targeted consultation undertaken by the department has enabled the views of
affected parties to have been reasonably considered in the preparation of the
amendment.
SIGNED BY THE MINISTER
Hon Richard Wynne MP
Minister for Planning
Date: 20 September 2015