It is at the Minister’s discretion as to when they will use their intervention powers, except where a provision of the relevant Act specifies the circumstances in which the Minister may use the power (as set out above). The Minister publishes reasons explaining each intervention. See below for recent interventions.
Planning authority or proponent requests for intervention
Where a person other than the Minister proposes an intervention, a written request must be made to the Minister. The request should:
- be made within the time that the Minister may use the power (refer to the above tables)
- allow the Minister sufficient time to consider the request, having regard to when the legislation specifies the power may be used.
Information to accompany a request for intervention
A request to the Minister should include appropriate evidence and information to justify the request, including an explanation of:
- the power the Minister is being asked to use
- the reasons why the request is being made
- if the relevant legislation specifies circumstances in which the Minister may use the power - how and why those circumstances apply
- why the normal planning or heritage process should not be followed, including any evidence to support the reasons given
- the type, extent and outcome of any consultation with the relevant municipal council, any affected government department, authority or person (including the owners and occupiers of land affected by the amendment)
- what consultation, if any, has occurred with the Department of Transport and Planning
- if the request relates to a proposed planning scheme amendment
- the effect of the proposed amendment
- details of how the proposal has previously been dealt with by the municipal council.
In addition to the above:
- if the request relates to a planning permit application - the request should include a complete copy of the application (as made to the responsible authority) and describe how the application has been processed by the responsible authority
- in the case of a request for the Minister to prepare an amendment to a planning scheme - the request should include the prescribed fee.
Consult the Department first
Municipal councils, government departments, authorities and other persons should first consult the Planning Group or Heritage Victoria (as appropriate) within the Department of Transport and Planning before submitting a written request to the Minister.
Recent Ministerial interventions on planning scheme amendments are listed below.
A copy of the reasons for the intervention can be obtained from the relevant amendment record included in the list of amendments shown with each local planning scheme.