REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987
CASEY PLANNING SCHEME AMENDMENT C125
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.
REQUEST FOR INTERVENTION
1. The Growth Areas Authority (GAA) has requested the Minister for Planning prepare, adopt and approve Amendment C125 to the Casey Planning Scheme and concurrently exempt himself from the exhibition and notice requirements of the Planning and Environment act 1987.
2. The amendment is combined with three planning permit applications. Two of the applications seek to subdivide land for approximately 800 residential lots. The other application is for a local town centre and subdivision.
WHAT POWER OF INTERVENTION IS BEING USED?
3. As Planning Authority, I have decided to prepare a combined planning scheme amendment and consider three associated applications for planning permits (for which the planning scheme as amended by the proposed amendment would require a permit to be obtained) pursuant to section 20(4) of the Act exempting myself from all the requirements of sections 17, 18 and 96C of the Act and the Regulations in respect to Amendment C125 to the Casey Planning Scheme and applications for permits under the respective schemes
4. Section 20(4) of the Act enables the Minister for Planning to exempt a planning scheme amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the Regulations.
5. In relation to requests made under Division 5, Part 4 of the Act, section 96B provides for section 20 to apply to the permit application as if any reference in section 20 of the Act to section 19 were a reference to section 96C of the Act.
6. In deciding whether to exercise this power, section 20(4) of the Act requires that the Minister must consider either 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
7. Amendment C125 incorporates the Cranbourne North Stage 2 Precinct Structure Plan (including a Native Vegetation Precinct Plan) and associated planning scheme documents to facilitate the urban development of 187.38 hectare (ha) area of land in Cranbourne North. The amendment also incorporates a Development Contributions Plan for this precinct structure plan area and a wider 556ha area of Cranbourne North generally bounded by Thompsons Road, Berwick-Cranbourne Road, Glasscocks Road and Narre Warren-Cranbourne Road that is currently being developed for urban purposes.
8. Three planning permits (P670/10, P237/11 & P238/11) under the Casey Planning Scheme are granted concurrently with Casey C125. The permits provide for the subdivision and development of approximately 800 residential lots and the development of a local town centre including a supermarket, a town square and associated shops and car parking.
9. The precinct is located within the Casey-Cardinia Growth Area in Melbourne’s southeast. Casey-Cardinia is one of Australia’s fastest growing urban regions. The region provides space for new communities to grow and is attractive with younger families and first home owners and others moving within the region.
10. The Cranbourne North Stage 2 PSP will facilitate the development of 2125 new residential lots accommodating around 6000 people. The PSP proposes one new government primary school, 5 local parks, one new active sporting facility, a local town centre and a convenience retail centre, community facilities and associated community, road and recreation infrastructure.
11. During May and June 2011, the Growth Areas Authority undertook public consultation on a full draft of Amendment Casey C125. Notices of the draft amendment were sent to all landowners in and adjacent to the amendment area, Casey City Council and relevant state agencies and departments.
12. Twenty One submissions were received seeking changes to the draft amendment and permits. These submissions were considered by the GAA who implemented numerous requested changes in the draft amendment documents.
Benefits of exemption
13. The amendment delivers on the objectives of Planning in Victoria by providing for the fair, orderly and timely provision of residential urban land supply in a region of Victoria that is experiencing high demand for new housing and is capable of accommodating additional population.
14. The exemption assists in expediting the introduction of planning controls and permissions to manage urban development in part of a growth area formally designated under the Planning and Environment Act 1987.
15. The exemption ensures that consultation processes are not unreasonably duplicated and acknowledges the land’s public designation as an urban area from 2005, planning for the land (with public input) described in the incorporated Casey-Cardinia Growth Area Framework Plan (DSE, 2006) and the recent engagement of stakeholders by the Growth Areas Authority.
16. The exemption from further notice contributes to the creation of local construction and development jobs in the immediate term and medium-longer term jobs in the planned town centre through the granting of development permits.
17. The exemption expedites the development of a town centre including a supermarket to service existing residents in Cranbourne North and provide up front local shopping and public spaces for new residents to foster a sense of community and reduce travel distances for new families.
Effects of Exemption on Third Parties
18. The exemption will not allow third parties to make submissions to the amendment or permits through the formal amendment process. However, the views of interested parties are known, and have been considered by an independent authority, to the extent that parties availed themselves of the submission process through the Growth Areas Authority.
19. The City of Casey supported the use of Section 20(4) of the Act to approve Amendment Casey C125 at its meeting of 21 June 2011.
20. Given the proposal’s high level of compatibility with State and Local planning policy, and the Precinct Structure Planning Guidelines it is likely that, even where further submissions were to be considered, the amendment would be approved generally in a similar form to Amendment C125.
21. The amendment introduces a suite of planning controls that is consistent with published Government guidelines and familiar to Council, relevant agencies and those involved in and exposed to growth area land development.
22. Potential impacts of the new development on third parties have been considered and mitigated by the various responsible state agencies (Melbourne Water, Department of Transport, VicRoads and the Department of Education and Early Childhood Development) through planning controls in Amendment C125, the setting aside of land and funds for key road, recreation and social infrastructure, and conditions on the planning permits.
Assessment as to whether benefits of exemptions outweigh effects on third parties
23. There has been considerable input from interested parties into the drafting of the Cranbourne North Stage 2 Precinct Structure Plan the Cranbourne North PSP Development Contributions Plan and Amendment C125 during the past two years.
24. There is support for the PSP by City of Casey as the key authority responsible for administering the amendment and the Growth Areas Authority who guided the preparation of the amendment.
25. Approval of this Amendment and the granting of the three permits, will facilitate bringing to market an additional 2125 residential lots, a Local Town Centre and local convenience retail centre, community facilities and infrastructure within a designated growth area.
26. The amendment uses standard planning controls and provides a high degree of certainty in development outcome through granting planning permits for much of the development precinct.
27. Potential amenity impacts on third parties have been analysed by expert State agencies and mitigated through planning controls in the amendment.
28. Accordingly I consider that the benefits of exemption from sections 17, 18 and 96C of the Act outweigh any effects of the exemption on third parties.
DECISION
13. I have decided to exercise the power to exempt myself from all the requirements of sections 17, 18 and 96C of the Planning and Environment Act 1987 and the regulations in respect of Amendment C125 to the Casey Planning Scheme and the associated planning permits.
REASONS FOR INTERVENTION
14. In accordance with the Ministerial Powers of Intervention in Planning and Heritage Matters Practice Note I provide the following reasons for my decision under to exercise the power under section 20(4) of the Planning and Environment Act 1987.
15. I am satisfied that -
Compliance with any of the requirements of sections 17, 18 and 96C of the Act and the regulations is not warranted because:
· Extensive consultation on Amendment C125 has been carried out with affected land owners, government agencies the City of Casey.
· The subject land has been shown as an urban development precinct on publicly available maps since 2005 and has been subject to Growth Area Framework Planning including public consultation.
· The impacts of development have been managed through a comprehensive planning approach.
The interests of Victoria or any part of Victoria make such an exemption appropriate
because:
· The proposal has a high degree of compatibility with State and Local Planning Policy and the Precinct Structure Planning Guidelines
· The amendment will facilitate bringing to market an additional 2125 lots, a local town Centre and local convenience retail centre, community facilities and infrastructure within a designated growth area.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 9 August 2011