REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987
Yarra 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 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. There was no request for 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 Act and the regulations in respect to Amendment C260 to the Yarra Planning Scheme.
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. Ryan’s Reserve at 510 Swan Street, Richmond is occupied by netball courts and associated facilities which are used by the Richmond Netball Association.
6. On 13 April 2017, I approved Amendment C240 to the Yarra Planning Scheme to, among other things, rezone Ryan’s Reserve from the Public Park and Recreation Zone to the Commercial 1 Zone and apply the Development Plan Overlay – Schedule 13 to the land.
7. Amendment C240 to the Yarra Planning Scheme came into operation on 4 May 2017.
8. In approving Amendment C240 to the Yarra Planning Scheme, I had regard to the recommendations of the Government Land Standing Advisory Committee.
9. Since this decision, and following much consideration, I have decided to rezone Ryan’s Reserve to the Public Park and Recreation Zone which is consistent with the existing use of the land for recreation purposes.
10. Amendment C260 to the Yarra Planning Scheme (amendment) will:
· Rezone Ryan’s Reserve from the Commercial 1 Zone to the Public Park and Recreation Zone; and
· Remove the Development Plan Overlay – Schedule 13 from Ryan’s Reserve.
Benefits of exemption
11. The benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of an amendment where the views of interested parties, including Yarra City Council, are well understood and have been taken into account during the preparation of the amendment, providing immediate certainty to the ongoing use of the land.
Effects of Exemption on Third Parties
12. The effect of the exemption is that third parties will not receive notice of the amendment and will not have the opportunity to make a submission or be heard by an independent panel in relation to the amendment.
13. The views of third parties who may be affected by the exemption, including Yarra City Council, are well understood and have been taken into account during the preparation of the amendment.
Assessment as to whether benefits of exemptions outweigh effects on third parties
14. The exemption will enable a prompt decision to be made on the adoption and approval of an amendment where the views of interested parties, including Yarra City Council, are well understood and have been taken into account during the preparation of the amendment.
15. Further, the amendment is not likely to have adverse impacts on third parties as the rezoning of Ryan’s Reserve to Public Park and Recreation Zone is consistent with the existing use of the land for recreation purposes.
16. Accordingly I consider 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
17. 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 C260 to the Yarra Planning Scheme.
REASONS FOR INTERVENTION
18. I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.
19. 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:
· The views of third parties, including Yarra City Council, are well understood and have been taken into account during the preparation of the amendment.
SIGNED BY THE MINISTER
HON RICHARD WYNNE MP
Minister for Planning
Date: 30 May 2017