Planning Compliance

Our Planning and Asset Compliance team handle complaints and breaches of the Planning and Environment Act 1987 and monitor planning permits issued under the Mornington Peninsula Planning Scheme. 

Types of issues we can investigate

We investigate identified breaches of the Mornington Peninsula Planning Scheme and permits under the following circumstances: 

  • Works without a planning permit: building and/or other works (eg. vegetation removal, earthworks) undertaken without a planning permit.
  • Non-compliance with an approved planning permit: works carried out in contravention to endorsed plans or permit conditions.
  • Illegal land use: changing a permitted land use without a permit, using the land in contravention of the Scheme and/or an existing permit applying to the land. 

Possible remediation actions

If a breach is identified by the Planning Compliance Officer, action may be taken. Depending on the severity of the breach Council may do one or more of the following:  

  • Negotiate compliance  
  • Issue an official warning  
  • Issue an Infringement Notice  
  • Enforcement Order through the Victorian Civil and Administrative Tribunal (VCAT) 
  • Prosecution  

Report a possible planning breach

Report online 

Alternatively, please contact the Planning and Asset Compliance team on 5950 1842 or send an email to: customerservice@mornpen.vic.gov.au

A complaint must include your name, address and phone number (you may need to be contacted for more information). All possible measures will be taken to protect your identity throughout the process and Council will inform you if it becomes essential to disclose your details to any other party, typically in instances of escalation to VCAT or another jurisdiction.

Investigating a report

Upon the submission of a report to Council, a Planning Compliance Officer will conduct an inquiry and assess the following aspects: 

  • Is a planning permit required? 
  • If yes, does a planning permit exist? 
  • If there is an existing permit, what does the planning permit allow? 
  • Are there any other relevant planning controls that apply to the property? 
  • What action can or should be taken to resolve the matter.