Under Section 20(4) of the Planning and Environment Act 1987 s1

REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

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

MONASH PLANNING SCHEME AMENDMENT C134

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 (Minister) 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 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. Banchi Lodge Pty Ltd requested that the Minister for Planning exercise the power under section 20(4) of the Act to exempt himself from the notice requirements and prepare, adopt and approve an amendment to the Monash Planning Scheme to allow the land at 45 and 47 Cambro Road, Clayton to be developed and used for a loading bay facility for the adjacent M-City development.

WHAT POWER OF INTERVENTION IS BEING USED? 1. Under delegated authority from the Minister, 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 C134 to the Monash Planning Scheme. 2. Section 20(4) of the Act enables the Minister 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 4. The Amendment applies to the land at 45 Cambro Road, Clayton (Lot 181 on Plan of Subdivision 010920) and 47 Cambro Road, Clayton (Lot 1 on Title Plan 102169C) (Land). 5. The Amendment introduces a specific provision under Clause 52.03 Specific Sites and Exclusions and introduces an Incorporated Document permitting use and development of the Land for an access way and the provision of loading bay facilities for the approved adjacent development at 2107-2125 Princes Highway, Clayton (known as M-City). 6. The Amendment does not change the zoning of the land under the Planning Scheme, which remains a Special Use Zone-Schedule 6, but will allow the land to be used and developed for loading bay facilities and access for the M-City development, as provided in the Incorporated Document. 7. The Amendment seeks to amend the Planning Scheme Ordinance as follows: a. Amend the Schedules to Clause 52.03 and Clause 81.01 to include the new incorporated document titled M-City: Cambro Road Loading Bay Facility, May 2017, to exempt use and development associated with the project from the need for a planning permit. 8. As part of the development of the Amendment, Banchi Lodge Pty Ltd commissioned a traffic impact assessment which was undertaken by TTM Consulting. The resulting report concludes that the revised traffic proposal is acceptable on traffic and parking grounds, removes multiple points of traffic conflict and provides greater levels of safety to pedestrians, future occupiers of the office building, and visitors to the retail space. 9. Significant economic benefits also arise from the revised loading bay facility as it will allow for a more efficient use of the M-City site and the potential for greater commercial land uses. 10. The Amendment responds directly to Direction 1.1 of Plan Melbourne Refresh (Victorian Government 2017) which describes the Monash Employment Cluster as a precinct which “will continue to contribute significantly to Melbourne’s economy.” 11. The exemption will support the development of the M-City site which provides significant employment opportunities to Victorian’s, without undue delay.

BENEFITS OF EXEMPTION 12. The main benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of the Amendment to allow the subject land to be developed and used for an access way to a loading bay facility at the M-City development. It provides for more efficient commercial vehicle movements to a strategic redevelopment site, consistent with the aims of State policy. 13. The exemption will also avoid unnecessary duplication of process, as consultation has been undertaken with key stakeholders and their views have been considered in the preparation of the Amendment.

EFFECTS OF EXEMPTION ON THIRD PARTIES 14. The effect of the exemption is that third parties will not have the opportunity to make a submission in relation to the Amendment or to have those submissions considered by an independent panel. 15. Consultation was undertaken by Banchi Lodge Pty Ltd with the City of Monash (Council) and the Amendment prepared incorporating comments received from Council regarding traffic. It is considered that further consultation is unlikely to result in a different outcome. 16. Wider consultation is considered unwarranted as the loading bay proposed is less intensive than other land uses and developments that are either exempt from a planning permit and/or exempt from third party notice and review rights within the zone 17. Current loading bay facilities have already been approved on the adjoining land on which the M-City development is proposed. The loading bay facilities proposed by the Amendment provide a superior outcome, delivering more practical, safe and efficient loading arrangements than that which is currently proposed.

ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON THIRD PARTIES 18. The exemption will enable a prompt decision to be made on the Amendment whose immediate introduction is critical for the finalisation of the design of the M-City development. 19. Accordingly I, acting under delegation from the Minister, consider that the benefits of exempting myself from sections 17, 18 and 19 of the Act and the Regulations outweigh any effects of the exemption on third parties. DECISION 20. Under delegated authority from the Minister, I have decided to exercise the power to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C134 to the Scheme.

REASONS FOR INTERVENTION 21. I provide the following reasons for my decision, under delegated authority, to exercise the power under section 20(4) of the Act. 22. 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:  Council has been consulted, their views are known and their comments have informed the preparation of the Amendment. It is unlikely that further consultation would result in a different outcome; and

SIGNED BY THE DELEGATE

ALISON GLYNN Director State Planning Services

Date: 13 June 2017