MINISTERIAL POWERS OF INTERVENTION IN PLANNING AND HERITAGE MATTERS
REASONS FOR DECISION TO USE POWER OF INTERVENTION
VICTORIA PLANNING PROVISIONS
AMENDMENT VC106
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 using 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. No person other than the Minister has proposed or requested this intervention.
WHAT POWER OF INTERVENTION IS BEING USED?
2. 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 (the Act) and the regulations in respect of Amendment VC106 to the Victoria Planning Provisions (VPP).
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. Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014), the state’s new metropolitan planning strategy, replaces the previous government’s metropolitan strategy, Melbourne 2030 (Department of Sustainability and Environment, 2002). Together with the metropolitan planning strategy, eight regional growth plans (Central Highlands, G21 – Geelong Regional Alliance, Gippsland, Great South Coast, Hume, Loddon Mallee North, Loddon Mallee South and Wimmera Southern Mallee) have been prepared, which provide direction for land use and development across regional Victoria.
6. Amendment VC106 changes the VPP and all planning schemes to recognise Plan Melbourne and the regional growth plans by:
· Inserting a new clause 9, which requires any references in the planning scheme to Melbourne 2030 and Melbourne 2030: A planning update Melbourne @ 5 Million (Department of Planning and Community Development, 2008) to be disregarded and requires planning and responsible authorities to consider and apply Plan Melbourne.
· Deleting clauses 11.04-1 to 11.04-5 in the State Planning Policy Framework (SPPF), which set out planning objectives and strategies from Melbourne 2030, and introducing new clauses 11.04-1 to 11.04-6 which set out objectives and strategies taken from the vision in Plan Melbourne. Existing clauses 11.04-6 to 11.04-8 have been renumbered as 11.04-7 to 11.04-9 respectively.
· Inserting clauses 11.06 – 11.13 in the SPPF which set out the objectives and strategies of Victoria’s eight regional growth plans.
· Deleting references to Melbourne 2030, Melbourne 2030: A planning update Melbourne @ 5 Million (Department of Planning and Community Development, 2008), the Activity Centres and Principal Public Transport Network Plan, 2010 and the Ready for Tomorrow – a Blueprint for Regional and Rural Victoria from clause 11 (Settlement), clause 16 (Housing), clause 17 (Economic Development), clause 18 (Transport) and clause 19 (Infrastructure) of the SPPF.
· Deleting the Activity Centres and Principal Public Transport Network Plan, 2010 from the list of incorporated documents in clause 81.01.
Benefits of exemption
7. Amendment VC106 ensures the SPPF reflects current government policy and provides clarity and certainty about how planning and responsible authorities must consider Plan Melbourne and the regional growth plans.
8. The exemption will allow for the immediate implementation of Amendment VC106.
Effects of Exemption on Third Parties
9. The effect of exempting Amendment VC106 from the notice requirements set out in sections 17, 18 and 19 of the Act and the regulations are that third parties will not be notified of the proposed amendment or be provided with an opportunity to make submissions on the amendment to a planning panel.
Assessment as to whether benefits of exemptions outweigh effects on third parties
10. Plan Melbourne is based on the discussion paperMelbourne, let's talk about the future prepared by the Ministerial Advisory Committee for the Metropolitan Planning Strategy for Melbourne in 2012. The discussion paper underwent an extensive consultation process involving consultation with the municipal councils, agencies and stakeholders whose views were considered by the Committee. Extensive public consultation was also undertaken involving around 10,000 Melburnians. This process guided the development of Plan Melbourne.
11. The regional growth plans were prepared between 2011 and 2013 by regional steering committees comprised of local governments, and various government departments and agencies. Each plan was exhibited as a draft for comment with input sought from councillors, stakeholders and communities. The plans were amended in response to submissions received during exhibition. Final plans were endorsed by the councils in each region.
12. I consider that the benefits of exempting myself from section 17, 18 and 19 of the Act and the regulations in respect of Amendment VC106 to the VPP and planning schemes outweigh any effects on third parties.
REASONS FOR INTERVENTION
13. I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.
14. I am satisfied that –
Compliance with any of the requirements of section 17, 18 and 19 of the Act is not warranted because:
a) The proposed changes ensure the VPP and planning schemes reflect current government policy, which will provide clarity and certainty.
b) Consultation on these changes is not warranted because the replacement of Melbourne 2030 with Plan Melbourne, the government’s new metropolitan planning strategy, has been the subject of wide and extensive consultation. The regional growth plans have been developed in a partnership between local government and state agencies and authorities through consultation with the community and key stakeholders.
c) Compliance with the usual notice requirements would be unlikely to result in a different or improved outcome.
The interests of Victoria or any part of Victoria make such an exemption appropriate because:
a) There is an urgent need to change the VPP to reflect current government policy following the adoption of Plan Melbourne and the regional growth plans by the Victorian government.
DECISION
15. I have decided to exercise my power to exempt myself from the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of Amendment VC106 to the VPP.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 23 May 2014