REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987
WANGARATTA PLANNING SCHEME AMENDMENT C59
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 Rural City of Wangaratta Council (Council) has requested the Minister for Planning to prepare, adopt and approve amendment C59 to the Wangaratta Planning Scheme. The effect of the amendment is to introduce interim controls to the Waldara Low Density Residential Precinct, pending the outcome of proposed Amendment C61.
2. Amendment C59 to the Wangaratta Planning Scheme amends the Schedule to Clause 32.03 Low Density Residential Zone to specify minimum subdivision sizes of 0.4ha and 1ha and applies Schedule 6 to Clause 43.04 Development Plan Overlay to the Waldara Low Density Residential Precinct.
WHAT POWER OF INTERVENTION IS BEING USED?
3. 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 C59 to the Wangaratta Planning Scheme.
4. 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.
5. 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
6. The Waldara Low Density Residential Precinct encompasses a total area of 287ha. Large portions of the precinct have been developed at low density, with a minimum lot size initially being 2ha and more recently 0.4ha.
7. The precinct is comprised of three distinct stormwater catchment sectors – Western (135ha), Southern (42ha) and Eastern (110ha). In the southern sector and part of the eastern sector the dominant lot size is 0.4ha and opportunities for subdivision are limited. The remaining areas consist of lots exceeding 0.4ha and in the western sector exceeding 2ha.
8. VC100, introduced in July 2013, made a of number of changes to planning zones across Victoria including the Low Density Residential Zone. VC100 reduced the minimum lot size in the Low Density Residential Zone from 0.4ha to 0.2ha where reticulated sewerage is connected.
9. This Amendment significantly increased the potential for subdivision for all land zoned Low Density Residential with access to reticulated sewerage. Within the Waldara Low Density Residential Precinct, there is currently the potential for approximately 443 lots to be created.
10. The reduction in the minimum lot size is likely to exacerbate the flooding and drainage problems associated with the existing network of open channels which drainage in and through the precinct depends for drainage and stormwater run off.
11. In support of the request a strategic drainage plan, Rural City of Wangaratta, Strategic Drainage Plan - Waldara LDRZ, 12 June 2015 (Strategic Drainage Plan) has been prepared which identifies and makes recommendations to address the significant drainage constraints and flooding issues in the area. The North East Catchment Management Authority (NECMA) was consulted in the development of this plan.
12. The Strategic Drainage Plan and advice from North East Catchment Management Authority (NECMA) supports this amendment. The identified limitations and recommendations of the Strategic Drainage Plan and North East Catchment Management Authority have informed the preparation and recommendations of the Waldara Low Density Residential Precinct, Background Report, March 2016 (Background Report).
13. The Background Report identifies that the pattern of subdivision and storm water drainage present significant limitations on more intensive re-subdivision of the area and planning controls can assist in ensuring subdivision within the precinct is appropriately managed. The Background Report makes the following relevant recommendations:
· Recommendation 2: The prevailing lot sizes throughout the Estate should be recognised, protected and managed through suitable planning scheme controls so as to accommodate modest growth.
· Recommendation 5: New subdivision within the Estate will need to address storm water management and provide infrastructure consistent with the recommended approach in the Strategic Drainage Plan.
14. Council was authorised to prepare Amendment C61 to the Wangaratta Planning Scheme on 15 March 2016. Amendment C61 implements the findings of the Background Report by amending the Schedule to the Low Density Residential Zone to vary the minimum subdivision size and apply the Design and Development Overlay to guide the form and layout of future residential development in the area.
15. This is a minor variation from the interim controls proposed which apply a Development Plan Overlay and two minimum lot subdivision sizes. This is appropriate given the interim status of the controls and that both Overlays achieve the same intent, to ensure adequate infrastructure can be provided to the area. It is also considered that the full amendment process undertaken under amendment C61 will determine the most appropriate controls based on community and authority feedback and /or Panel recommendations and this may vary from what has been initially sought by Council.
16. Amendment C61 will allow for existing drainage issues and the provision of future infrastructure to be fully considered with the opportunity for affected parties to comment and for those comments to be considered by the Responsible Authority and an independent Planning Panel if required.
Benefits of exemption
17. The main benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of the amendment.
18. The amendment supports the objectives of planning in Victoria at section 4 of the Planning and Environment Act 1987. Specifically, the amendment will help provide for the fair, orderly, economic and sustainable use and development of the subject land. There is a demonstrated need to ensure that development in this area is planned and the provision of stormwater management infrastructure coordinated.
19. The introduction of interim provisions will enable the risk from flooding to be properly assessed and appropriate development conditions to be included to protect existing and future infrastructure while permanent controls are being considered under amendment C61.
Effects of Exemption on Third Parties
20. The main effect of the exemption will be that potentially affected third parties will not have the opportunity to make a submission on the amendment or have these considered by a panel.
21. The effect of the amendment is that the minimum subdivision size of 0.4ha that applied to the land prior to VC100 will be reinstated. The minimum subdivision size will also be increased to 1ha in some areas as a response to drainage constraints.
22. The interim controls will not prevent subdivision of land in the precinct. However, subdivision will be limited for an interim period to enable Council time to consider the impacts of any further subdivision in the area and infrastructure requirements.
23. Amendment C61 will progress in the usual manner to allow for affected parties to makes submissions to the amendment.
Assessment as to whether benefits of exemptions outweigh effects on third parties
24. The benefit of immediately introducing controls to the precinct is to curtail any opportunistic subdivisions and developments which might exacerbate existing drainage flooding issues and undermine planning for the provision of future infrastructure while permanent controls are being considered under Amendment C61.
25. The introduction of permanent controls via Amendment C61 will provide the opportunity for third party involvement. As Amendment C61 proceeds through the full exhibition process, and is considered by an independent panel, if necessary, third party rights are available.
26. Council will consult affected land owners and occupiers during the exhibition of Amendment C61. Council has prepared background documentation and information explaining the process and implications of the controls.
27. 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
28. 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 C59 to the Wangaratta Planning Scheme.
REASONS FOR INTERVENTION
29. I provide the following reasons for my decision under delegated authority to exercise the power under section 20(4) of the Act.
· The amendment implements the objectives of planning in Victoria as outlined in Section 4 of the Act
30. 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 immediate adoption and approval of the amendment facilitates a process to ensure the subject area is developed in an appropriate and coordinated manner.
· The amendment introduces controls on an interim basis only while an amendment to introduce permanent controls is being progressed.
The interests of Victoria or any part of Victoria make such an exemption appropriate because:
· It supports fair, orderly, economic and sustainable development.
SIGNED BY THE DELEGATE
Rachael Joiner
Director
Planning Services and Impact Assessment
Date: 6 June 2016