Reasons for decision to exercise power of intervention

REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION

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

GREATER DANDENONG PLANNING SCHEME AMENDMENT C145

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 (the Minister) in planning and heritage processes.

In exercising my powers of intervention, in accordance with the Ministerial Powers of Intervention in Planning and Heritage Matters Practice Note, 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. I have been requested to intervene to prepare and approve Greater Dandenong Planning Scheme Amendment C145 under the provisions of Section 20(4) of the Planning and Environment Act 1987 (the Act).

WHAT POWER OF INTERVENTION IS BEING USED?

2. 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 to Amendment C140 to the Greater Dandenong Planning Scheme.

3. Section 20(4) of the Act enables me to exempt an amendment which I prepare 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 I 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. The Estate 1 site is an underutilised parcel of Business 3 zoned land that enjoys excellent exposure and accessibility to the arterial road network and benefits from good access to public transport. The existing schedule to the Business 3 Zone for the land specifies a maximum combined leasable floor area for office of 500m2 in the zone, which has hindered Council’s vision to attract a broader range of commercial, high tech and advanced industry uses to the precinct.

6. The Dandenong Industrial Change and Demand Study (2007) identifies Greater Dandenong as one of the nation’s most significant industrial locations. The Study outlines a strategy to support Dandenong’s further evolution and repositioning in line with the following vision:-

“Greater Dandenong will grow and diversify to become the nation’s premier industrial centre by 2020, being recognised as a leader in service industry, manufacturing and logistics, including SME’s and large scale businesses. Greater Dandenong’s industrial and employment areas will be a destination of choice, offering quality business addresses that showcase leadership in design and sustainability.” (p102, Industrial Change and Demand Study).

7. The study has been adopted as a Reference Document by the City of Greater Dandenong. To support the achievement of this vision, the Study makes a number of strategic land use recommendations, several of which relate directly to the subject site, including:

Amend the Planning Scheme to enable:

· Integrated industrial and commercial activity with no office floorspace limits;

· Stand-alone office development at local activity centres and at strategic corridor and gateway sites (the Estate 1 site is identified as a strategic gateway site and potential activity centre).

8. The amendment is required to give effect to this recommendation and to support the redevelopment of the Estate 1 business precinct in a manner that is responsive to modern industry needs.

9. The amendment also directly facilitates the important first stage of development of the Estate 1 Precinct, through the approval of two Incorporated Documents that allow the development of a new gateway office building on the site, and a new ‘Oxygen’ home improvement store. It is important to expedite the two components of the Estate 1 development together as combined they are a priority project, which will play an important role in catalysing further investment in the business precinct.

Benefits of exemption

10. The site is a strategic redevelopment site within the context of State Government policies and Council’s local policies. The fast tracking of the permit applications and the planning scheme amendment will facilitate the timely development of the site, and assist in the realisation of Council’s vision for Dandenong’s industrial and employment areas to become the destination of choice for service industry, manufacturing and logistics.

11. The site’s development will generate significant social and economic benefits to Greater Dandenong and the wider state of Victoria, including:

· Reinvigoration of an underutilised industrial precinct by facilitating high density employment uses that will broaden the diversity of local employment opportunities in the region;

· Provision of a high amenity business precinct that supports future growth in population in Melbourne’s south east;

· Injection of over $500 million of direct investment into the Victorian economy and the immediate delivery of a large number of local jobs both during construction and post construction phases.

· Positive net community benefit by enabling the co-location of contemporary office, high tech and industrial uses and home improvement retail uses within a high amenity business precinct;

· Supporting a more diverse range of office accommodation within the Dandenong region that is more closely aligned to the needs of firms operating in or associated with the South Industrial Node;

· Facilitating the development of a modern business/industry environment that complements the nature of office accommodation available within the Dandenong CAD and supports Dandenong’s role as a strategic employment hub; and

· Introducing a high quality home improvement store to the Business park providing immediate activity on the site, and improving shopping choice and convenience to a growth region.

12. For the reasons outlined above, it is considered that the facilitation of the site’s development for a high amenity industrial and employment precinct is of genuine regional significance.

Effects of Exemption on Third Parties

13. The development applications for the proposed ‘Oxygen’ home improvement store and office development would be unlikely to be publicly notified if a standard permit process was pursued through the City of Greater Dandenong.

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

14. Cbus Property has undertaken considerable consultation with City of Greater Dandenong and Department of Planning and Community Development to establish a broad base of support for the site’s vision. Cbus Property have also consulted with Vic Roads regarding future access arrangements to the surrounding arterial network.

15. Specialised consultants have provided advice regarding heritage matters, net gain, and tree protection, and these matters have been addressed in the proposed Incorporated Documents.

16. On balance, the positive economic and net community benefits resulting from this exemption are considered to outweigh the removal of third party appeal rights. The site is well separated from residential dwellings, and has an established history of industrial use. The proposed development of the land for an office and home improvement store is not expected to generate any adverse impacts on third parties.

DECISION

17. 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 C145 to the Greater Dandenong Planning Scheme.

REASONS FOR INTERVENTION

18. In accordance with the Ministerial Powers of Intervention in Planning and Heritage Matters Practice Note I provide the following reasons for my decision under delegated authority to exercise the 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:

· Cbus Property has consulted with City of Greater Dandenong and Department of Planning and Community Development regarding their vision for the site, and specific development intentions. Cbus and the project team have also consulted with Vic Roads, regarding future access arrangements to the site.

· Due to the location of the site and its well established history of industrial use, the proposal is not likely to generate any impact on third parties.

The interests of Victoria or any part of Victoria make such an exemption appropriate

because:

· The development represents a regionally significant development which will reinvigorate a currently underused area of strategic industrial / business land and provide a significant basis boost to local employment.

Signed by the Minister

MATTHEW GUY MLC

Minister for Planning

Date: 25 July 2011