REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

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

Stonnington PLANNING SCHEME AMENDMENT C260

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. Stonnington City Council has requested that the Minister for Planning prepare, adopt and approve Amendment C260 to the Stonnington Planning Scheme(Amendment C260) using his powers under section 20(4) of the Act to exempt the amendment from notice requirements.

WHAT POWER OF INTERVENTION IS BEING USED?

  1. 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 C260.
  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 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

  1. Amendment C260 applies the Heritage Overlay to sixty places of individual heritage significance across the City of Stonnington on an interim basis, expiring on 11 July 2018.
  2. In December 2006, Council undertook a Heritage Strategy Review and adopted a Heritage Strategy Action Plan, providing an assessment framework for reviewing existing houses, heritage citations and assessing new houses.
  3. The significance of the heritage places is identified in the Stonnington City Council Victorian Houses Heritage Study, February 2017 which has been adopted by council.
  4. Permanent heritage controls are proposed via Amendments C249 and C261, which seek to ensure the need for heritage protection is balanced with the opportunity for affected parties and owners of nearby properties to have their views considered through an independent planning panel process.

Benefits of exemption

  1. The main benefit of exemption is to allow for the prompt adoption and approval of Amendment C260, which will ensure that heritage issues are appropriately considered in relation to the locally significant places on an interim basis (the controls expiring on 11July 2018).

Effects of Exemption on Third Parties

  1. The effect of the exemption is that third parties will not have the opportunity to make a submission in relation to the amendment and to have those submissions considered by an independent panel. However, the controls introduced by Amendment C260 will apply on an interim basis, to ensure that locally significant placesare appropriately protected in the short term, while Amendments C249 and C261 areconsidered.
  2. Potentially affected land owners and other parties will have the opportunity to provide input into the formulation of permanent controls proposed for the subject places through the subsequent exhibited Amendments C249 and C261.

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

  1. Consultation with affected landowners and other parties will occur during the preparation of permanent controls, to be introduced by the subsequent exhibited Amendments C249 and C261.
  2. Exemption of the Amendment from notice requirements will allow for heritage matters to be appropriately considered in relation to the subject places in the short term, while the permanent controls,which consider the suitability of a permanent Heritage Overlay, go through a subsequent public amendment process.
  3. 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

  1. 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 C260 to the Stonnington Planning Scheme.

REASONS FOR INTERVENTION

  1. I provide the following reasons for my decision under delegated authority to exercise the power under section 20(4) of the Act.
  2. 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:

  • Amendment C260 introduces interim heritage controls while a separate, public amendment process is undertaken to consider the suitability of introducing permanent heritage controls for the subject properties. Amendment C260 will protect against inappropriate development and ensure that heritage matters are considered in any decisions in the short term while permanent controls are formulated through the full amendment process.

SIGNED BY THE DELEGATE

STEVEN COX

Acting Director

State Planning Services

Date:15 January 2018