Council is undertaking a staged approach to applying the EMO to areas on the Peninsula identified on this map as susceptible to landslides that are not currently covered by an EMO.
Stage 1: Interim EMO for high priority, high susceptibility areas
Council will request the Minister for Planning to apply an interim EMO over high priority, high susceptibility areas.
The exact amount of land to be covered by the interim EMO in these areas is still being worked out by the Shire.
It’s therefore likely that the Shire will formally request the Minister to apply the interim EMO to these areas by the end of 2025.
If the Minister agrees to the Shire's request, the interim EMO will be applied to affected properties through a ‘Ministerial amendment’ to the Mornington Peninsula Planning Scheme.
A ‘Ministerial amendment’ is a fast-tracked change to a planning scheme made by the Minister in special circumstances where there’s an urgent need. Unlike a regular planning scheme amendment process, there’s no community consultation.
If approved, the interim EMO will apply until a permanent EMO is introduced to these areas (see Stage 3). Affected landowners will be able to see the new EMO and where it applies in our planning scheme.
Stage 2: Interim EMO for other high susceptibility and possibly medium susceptibility areas
Council will apply to the Minister for Planning to apply another interim EMO for all remaining high and possibly medium landslide susceptibility areas.
Council is working with geotechnical and planning specialists to confirm the exact amount of land to be covered by this interim EMO, but it will be based on the Shire-wide landslide susceptibility mapping: Online Planning Map.
Due to the complex nature of the mapping, it will take time to refine the interim EMO mapping. It is likely the Shire will make this request to the Minister in early 2026.
Stage 3: Permanent EMO
Council is commissioning detailed geotechnical and planning analysis to help prepare permanent EMOs to replace the interim EMOs from Stage 1 and 2 and other existing planning controls relating to erosion and landslip risk.
This work is complex and is likely to take a couple of years to complete. It will then take at least another couple of years to complete a regular planning scheme amendment process to apply the permanent EMOs.
The regular amendment process usually involves the following main steps:
|
Step 1
|
Council drafts the EMO mapping and planning controls
|
|
Step 2
|
The Minister for Planning authorises Council to prepare the planning scheme amendment
|
|
Step 3
|
Council puts the proposed EMO planning scheme amendment on public exhibition so anyone can make submissions about whether they support the EMO or want any changes made
|
|
Step 4
|
Council reviews all submissions and likely refers them to a Planning Panel appointed by the Minister for Planning for independent review
|
|
Step 5
|
The Planning Panel holds a public hearing and prepares a report for Council with findings and recommendations
|
|
Step 6
|
Council reviews the Panel report and decides whether to adopt the EMO amendment with or without changes recommended by the Panel
|
|
Step 7
|
If Council wishes to proceed with the EMO amendment, Council submits the adopted EMO amendment to the Minister for Planning
|
|
Step 8
|
The Minister for Planning decides whether to approve the EMO amendment
|
|
Step 9
|
If the Minister for Planning approves the amendment, the planning scheme is updated and the new EMO mapping and controls come into operation.
|
You can find out more about the planning scheme amendment process on the Victorian Government’s website.
If you have feedback or concern about the landslide susceptibility mapping that you would like Council to take into consideration as part of the Stage 3 EMO amendment, you can lodge an enquiry here with your property address in the subject line.