REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
GREATER SHEPPARTON PLANNING SCHEME AMENDMENT
C165
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. The Department of Environment, Land, Water and Planning has requested the
Minister for Planning’s intervention under section 20(4) of the Planning and
Environment Act 1987 in respect of an amendment to the Greater Shepparton
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 Act and the regulations in respect to Amendment C165 to the Greater
Shepparton 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
5.
Amendment C173 implemented the three new residential zones in the Greater
Shepparton Planning Scheme generally in accordance with the recommendations of
the Residential Zones Standing Advisory Committee (RZSAC).
6.
The RZSAC had recommended some changes to the mapping to apply the General
Residential Zone to areas of land identified in the Framework Plans at Clause 21.04 as
growth areas, rather than the Neighbourhood Residential Zone.
7.
The alterations to the mapping inadvertently did not include all growth areas and
included an area not intended to be rezoned.
a.
Several growth areas identified in the Framework Plans at Clause 21.04 were
missed and retained in the Neighbourhood Residential Zone incorrectly.
b.
An area of land recently rezoned to Commercial 1 Zone by Amendment C155 was
back-zoned to General Residential Zone.
BENEFITS OF EXEMPTION
8.
The main benefit of the exemption will be that it will enable a prompt decision to be
made on the adoption and approval of the amendment. This will enable the RZSAC’s
recommendation to be implemented as intended, in a timely manner.
9.
Additionally, land at 72A Riverview Drive, Kialla is being developed for expansion of a
shopping centre. Correcting the zoning promptly will ensure the development, which
has commenced, can run smoothly without complications arising from incorrect
zoning.
EFFECTS OF EXEMPTION ON THIRD PARTIES
10. The effects of the exemption will be that third parties will not have the opportunity to
make submissions or to have submissions considered by a planning panel.
11. Amendment C173 which introduced the three new residential zones to the Greater
Shepparton Planning Scheme went through extensive community consultation and
was considered by the RZSAC.
12. This amendment corrects the Planning Scheme Maps to ensure that the
recommendations of the RZSAC are implemented correctly.
13. If the amendment were to go through the normal process and be considered by an
independent panel the outcome is highly likely to be the same.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
14. It is considered that rectifying the anomalies in a timely manner outweighs the effect
on third parties, where extensive consultation was undertaken in the implementation
of the new residential zones and that the amendment gives effect to the
recommendation of the RZSAC which heard submissions to Amendment C173.
15. 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
16. 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 Act and the regulations in respect of Amendment C165 to the Greater
Shepparton Planning Scheme.
REASONS FOR INTERVENTION
17. I provide the following reasons for my decision under delegated authority to exercise
the power under section 20(4) of the Act.
18. 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 addresses zoning anomalies inadvertently created at the time
of the introduction of the new residential zones.
 Extensive notice and consultation in relation to Amendment C173 has been
carried out with affected land owners, government agencies and compliance
with the usual notice requirements would unnecessarily duplicate the process
already undertaken.
 The amendment will give effect to an outcome where the issues and the views
of potentially affected third parties have been considered by the Residential
Zones Standing Advisory Committee.
SIGNED BY THE DELEGATE
JIM GARD’NER
Executive Director
Statutory Planning and Heritage
Date: 19 March 2015