Existing Use Rights (Section 97N)

Clause 63 of the Mornington Peninsula Planning Scheme sets out the requirements in relation to existing use rights.

If you believe that your land benefits from ‘existing use rights’, you should lodge a ‘Certificate of Compliance’.

As part of this application, you will need to provide sufficient evidence to demonstrate that existing use rights can be established. This could include, but is not limited previous planning permits, property records, photos, rates notices, invoices, receipts, utility and insurance records and statutory declarations.

To lodge an application or review Councils Checklist for Applications for ‘Certificates of Compliance’ please refer to



Demonstrating existing use rights can be a complex process, therefore you are encouraged to contact Planning Services on (03) 5950 1010 before lodging an application.