REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
STONNINGTON PLANNING SCHEME AMENDMENT C159
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.
This amendment has been prepared by the Minister for Planning, who is the planning
authority for this amendment. The amendment has been made at the request of
Stonnington City Council.
2.
The amendment makes changes to local policy, and introduces new planning
controls to give effect to the findings of the research paper titled; ‘Late night liquor
licence trading in the Chapel Street Precinct: measuring the saturation levels
Research Paper, (April 2010)’.
3.
The amendment revises the Licensed Premises Policy at Clause 22.10 and makes
minor changes to the Municipal Strategic Statement at Clauses 21.04-1 and 21.04-2.
4.
The amendment maps and introduces Schedule 3 to the Incorporated Plan Overlay
to control late night trading of ‘Source of Potential Harm’ Venues in the Chapel Street
Precinct.
5.
The amendment removes a redundant reference document and includes three new
reference documents in Clause 21.06 of the Stonnington Planning Scheme:

City of Stonnington Municipal Public Health Plan 2009-2013.

Late night liquor licence trading in the Chapel Street Precinct: measuring the saturation levels Research Paper, April 2010.

Design Guidelines for Licensed Venues, Department of Justice, 2009.
WHAT POWER OF INTERVENTION IS BEING USED?
6.
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 C159 to the Stonnington Planning Scheme.
7.
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.
8.
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
9.
On 3 May 2010, Council adopted as policy the key findings of the research paper
‘Late night liquor licence trading in the Chapel Street Precinct: Measuring the
saturation levels (April 2010). The Research Paper defines licensed premises most
likely to be associated with ‘alcohol-related harm’ as Source of Potential Harm
Venues (SPH). Source of Potential Harm Venues are licensed hotels, taverns and
nighclubs with more than 200 patrons, operating after 12am. The Research Paper
identifies the Chapel Street Precinct as being at saturation point in terms of SPH
venues. A finding of the Research Paper is that 50 SPH venues operating after
1.00am, in the Chapel Street Precinct is the saturation limit for this area.
10. Amendment C159 is required to introduce the key findings of the Research Paper
into the Stonnington Planning Scheme.
11. The revised Clause 22.10 Licensed Premises Policy makes more definitive reference
to the negative social impacts of SPH venues in the community and includes new
requirements for applications where such venues seek to trade beyond 12am.
12. Schedule 3 to the Incorporated Plan Overlay gives effect to the clear intention within
the revised Licensed Premises Policy to prevent any further SPH venues seeking to
trade after 1am while there are 50 or more such venues (the acknowledged
saturation level) in the Chapel Street Precinct.
13. Revised Clause 22.10 Licensed Premises Policy includes requirements relating to
licensed hours of operation and patron capacity for Source of Potential Harm Venues
in the Chapel Street Precinct Study Area. These requirements will assist in
addressing the negative social impacts of these uses on the community, and will help
manage alcohol-related harm associated with licensed venues.
14. Amendment C159 removes the report ‘Entertainment/Retail Premises Review for
Chapel Street, Toorak Road and Environs; Henshall Hansen Associates, 1997’ as a
Reference Document at Clause 21.06 of the Stonnington Planning Scheme. This
Study is out of date and does not take into account the notion of cumulative impacts
and saturation levels of licensed premises.
15. Amendment C159 inserts three new reference documents at Clause 21.06 of the
Stonnington Planning Scheme.

Late night liquor licence trading in the Chapel Street Precinct: measuring the
saturation levels Research Paper, April 2010

Design Guidelines for Licensed Venues, Department of Justice, 2009

Council’s Municipal Public Health Plan 2009-2013 (MPHP)
BENEFITS OF EXEMPTION
16. An almost identical version of the revised Licensed Premises Policy contained within
Amendment C159 was the subject of amendment C129 to the Stonnington Planning
Scheme which was exhibited, considered by a panel and adopted by the Council.
Accordingly the policy aspects of this amendment have already gone through a
comprehensive process of consultation, such that no further notification is warranted.
17. The introduction of Schedule 3 to the Incorporated Plan Overlay (IPO3) gives effect
to the clear intention within the Licensed Premises Policy to prevent any further SPH
venues seeking to trade after 1am while there are 50 or more other such venues (the
acknowledged saturation level) in the Chapel Street Precinct. Therefore further
consultation on the IPO aspect is not warranted.
18. The amendment is consistent with the Ministerial Direction on the Form and Context
of planning Scheme under section 7(5) of the Act.
EFFECTS OF EXEMPTION ON THIRD PARTIES
19. It is considered that the views of all relevant parties are known in regards to the
amendment, and that parties have already been provided with sufficient opportunity
to express their views in relation to the amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS
ON THIRD PARTIES
20. The views of affected parties are known as extensive consultation in relation to very
similar provisions has taken place.
21. 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
22. 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 C159 to the Stonnington Planning Scheme.
REASONS FOR INTERVENTION
23. I provide the following reasons for my decision to exercise my power under section
20(4) of the Planning and Environment Act 1987.
24. 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 views of affected parties are known.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 27 January 2012