REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987

MOONEE VALLEY PLANNING SCHEME AMENDMENT C155

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 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.

WHAT POWER OF INTERVENTION IS BEING USED?

1.  I have decided to exercise my powers to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect to Amendment C155 to the Moonee Valley Planning Scheme.

2.  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.

3.  In seeking to exercise this power, section 20(4) of the Act requires that I 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

4.  The Moonee Valley Racecourse Advisory Committee (the advisory committee) was appointed under section 151 of the Planning and Environment Act 1987 (the Act) on 15 April 2013 to provide advice to the Moonee Valley City Council and the previous Minister for Planning on all relevant matters associated with the proposed redevelopment of Moonee Valley Racecourse.

5.  As outlined in the terms of reference the advisory committee undertook an extensive staged consultation, exhibition and public hearing process and submitted its report to the previous Minister for Planning and Moonee Valley City Council on 19 December 2013.

6.  The advisory committee supported intensive redevelopment of the surplus land to the west of the racecourse with a reduction of about 20 per cent in terms of density and population compared to the Moonee Valley Racing Club’s proposal.

7.  On 25 September 2014, the previous Minister for Planning approved Amendment C120 to the Moonee Valley Planning Scheme which, amongst other things, applied the Comprehensive Development Zone, Schedule 1 to the surplus land to the west of the Moonee Valley Racecourse site.

8.  There were a number of aspects of Amendment C120 that were not consistent with what was recommended by the advisory committee including the following:

·  The application of the Comprehensive Development Zone, Schedule 1 and a comprehensive development plan as an incorporated document instead of the Activity Centre Zone (ACZ) to the western portion of the site.

·  A $6,000 cap for cash and land contributions at Clause 7.0 of the Comprehensive Development Zone, Schedule 1.

·  An increase to the preferred maximum building height from the lower end to the upper end at Clause 6.2 of the Comprehensive Development Zone, Schedule 1.

9.  Amendment C155 to the Moonee Valley Planning Scheme proposes to introduce the ACZ, Schedule 1 to the surplus land to the west of the Moonee Valley Racecourse site, replacing the Comprehensive Development Zone, Schedule 1 introduced by Amendment C120.

10.  The controls proposed by Amendment C155 are generally consistent with the recommendations of the advisory committee, with some exceptions, namely in relation to the introduction of mandatory heights.

Benefits of exemption

11.  The main benefit of the exemption is that the changes to the Moonee Valley Planning Scheme can be implemented without delay, and avoid duplication of process taking into account the extensive consultation already undertaken by the advisory committee.

Effects of Exemption on Third Parties

12.  The effect of exempting Amendment C155 from the usual requirements set out in section 17, 18 and 19 of the Act is that third parties will not be formally notified of the proposed amendment, or be provided with an opportunity to make submissions on the amendment and have those submissions considered by an independent panel.

13.  However, it is considered that the previous advisory committee process in relation to the redevelopment of the racecourse has given sufficient opportunity to affected parties to make submissions and to have those submissions considered.

14.  Extensive consultation was undertaken as part of the advisory committee process in relation to the previous amendment C120. All affected landowners and occupiers and relevant authorities were consulted and given the opportunity to provide feedback. In total, 241 submissions were received and the key concerns (including built form and building heights, density and public open space) were considered by the advisory committee.


Assessment as to whether benefits of exemptions outweigh effects on third parties

15.  Having regard to:

·  the extensive consultation already undertaken by the advisory committee, which received a high number of submissions to Amendment C120 and C124 and heard from submitters in relation to the key issues including built form, density and public open space, and

·  the ACZ - Schedule 1 requirement for a number of further approvals from council and relevant agencies prior to development commencing. For example, a Transport Assessment and Management Plan and Integrated Transport Plan must be prepared to the satisfaction of Council, VicRoads and Public Transport Victoria.

it is considered 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 Act and the regulations in respect of Amendment C155 to the Moonee Valley Planning Scheme.

REASONS FOR INTERVENTION

14.  I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.

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:

·  Extensive consultation has already been undertaken as part of the previous advisory committee process for amendment C120 to the Maribyrnong planning scheme. That process included consideration of a number of key issues and concerns in relation to the site including built form, density and public open space.

SIGNED BY THE MINISTER

Hon Richard Wynne MP

Minister for Planning

Date: 20 March 2015