Reasons for Intervention – Amendment VC134

MINISTERIAL POWERS OF INTERVENTION IN PLANNING AND HERITAGE MATTERS

REASONS FOR DECISION TO USE POWER OF INTERVENTION

VICTORIA PLANNING PROVISIONS

AND ALL PLANNING SCHEMES IN VICTORIA

AMENDMENT VC134

The Planning and Environment Act 1987), the Heritage Act1995 and the Victorian Civil andAdministrative 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?

  1. 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 VC134 to the Victoria Planning Provisions (VPP) and planning schemes.
  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. Plan Melbourne: Metropolitan Planning Strategy (Department of Transport, Planning and Local Infrastructure, 2014), Plan Melbourne 2014, was introduced following a Ministerial Advisory Committee and extensive consultation involving around 10,000 Melbournians.
  2. In 2015 the Victorian Government committed to refresh the strategy tofurther focus on housing affordability, climate change and energy efficiency. The refresh built on the extensive work and consultation that underpinned Plan Melbourne 2014.
  3. The Ministerial Advisory Committee (MAC) review that provided advice on Plan Melbourne 2014was reconvened to provide independent expert advice on how to refresh the strategy. In particular, they were asked to advise on how housing, climate change and energy efficiency could be refocussed to better reflect the weight of earlier submissions.
  4. Advice from the MAC informed a discussion paper that was released for public comment. Almost 400 submissions were received. This process informed Plan Melbourne 2017-2050: Metropolitan Planning Strategy (Department of Environment, Land, Water & Planning, 2017) - ‘Plan Melbourne 2017’, which has been adopted by the Victorian Government as the new metropolitan planning strategy for Melbourne.
  5. Amendment VC134 changes the State Planning Policy Framework (SPPF) in the VPP and all planning schemes byintroducingPlan Melbourne 2017,removing outdated metropolitan planning strategy content, providing an interim restructure of Clause 11 for more tailored planning schemes, introducing the new Principal Public Transport Network2017, updating existing waste and resource recovery policy together with reference to various documents cited in the SPPF and making other policy-neutral updates and administrative changes.
  6. For more details about the changes, see the Explanatory Report for Amendment VC134.

Benefits of exemption

  1. Amendment VC134 ensures the SPPF reflects adopted government policy and provides clarity and certainty about how planning and responsibleauthorities must consider Plan Melbourne 2017. It also provides greater clarity and certainty for decision making in relation to the other policy updates contained in the Amendment.
  2. The exemption will allow for the immediate implementation of the Amendment.

Effects of Exemption on Third Parties

  1. The effect of exempting Amendment VC134 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

  1. The various policy changes contained in Amendment VC134 have been extensively consulted.
  2. The engagement process for a refresh of Plan Melbourne 2014 was guided by the Plan Melbourne Refresh - Discussion Paper (October 2015). The process involved six workshops with local government, two industry forums, six community discussion groups and an online engagement hub. During this time, 266 participants representing 99 organisations contributed to the discussion, with 315 unique submissions received, as well as an additional 82 petitioners contributing on an individual subject.
  3. Wide consultation has occurred on the refresh to Plan Melbourne and the founding 2014 strategy. There has been ample opportunity for engagement with stakeholders and advice has been sought from an independent expert Ministerial Advisory Committee.
  4. Plan Melbourne 2017 has been developed using a whole of Government approach and has been adopted as the metropolitan planning strategy by the Victorian Government.
  5. The Lower Yarra River Study - Recommendations Report (DELWP, 2016) and the Middle Yarra River Study - Recommendations Report (DELWP, 2016)were informed by key bodies with an interest in protecting the future of river, including Parks Victoria, Melbourne Water and municipal councils within the relevant study area. Community members with an interest in the river were also consulted. These include Councillors, sporting and recreation clubs, community groups, schools, businesses and the general community who use the river’s open spaces and waterway.
  6. The Victorian Regional Channels Authority prepared the Port of Geelong - Development Strategy in consultation with port stakeholders and state and local government. The Strategy has been adopted by the Victorian Government.
  7. The waste and resource recovery policy was prepared in consultation with the Environment Protection Authority, Sustainability Victoria and the Metropolitan Waste and Resource Recovery Group. Extensive public consultation was conducted for the Statewide Waste and Resource Recovery Infrastructure Plan, which forms the basis of the policy at Clause 19.03-5.
  8. Given the above consultation, I consider that the benefits of exempting myself from section 17, 18 and 19 of the Act and the regulations in respect of Amendment VC134 to the VPP and planning schemes outweigh any effects on third parties.

REASONS FOR INTERVENTION

  1. I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.
  2. I am satisfied that -

Compliance with any of the requirements of sections 17, 18 and 19 of the Act is not warranted because:

a)Consultation on changes in Amendment VC134 has occurred, particularly in relation to:

  1. Plan Melbourne 2017;
  2. the lower and middle Yarra River study recommendation reports;
  3. waste and resource recovery policy; and
  4. thePort of Geelong - Port Land Use Strategy.

Given these matters have been the subject of widespread consultation, the relevant stakeholders, councils and individuals who may be potentially affected by Amendment VC134were provided with an opportunity to participate in the consultation processes. As a result, further consultation is unlikely to change the outcome.

b)Where stakeholders, councils and individuals have engaged in the consultation processes, their views have been reasonably considered andwhere practicable, their concerns have been addressed in Amendment VC134. As a result, further consultation is unlikely to change the outcome.

c)The remaining changes that were not subject to the process of consultation are policy neutral, administrative or are based on adopted Government policy, and as a result, further consultation is unlikely to change the outcome.

DECISION

  1. 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 VC134 to the VPP and all planning schemes in Victoria.

SIGNED BY THE MINISTER

HON RICHARD WYNNE MP

Minister for Planning

Date: 10 March 2017

Page 1 of 3