Distinctive Areas and Landscapes Act 2018

The Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, enables the Victorian State Government to declare a Distinctive Area and Landscape (DAAL) subject to meeting strict criteria.   

A DAAL is a declared unique and sensitive area, highly valued for its environmental, social and economic assets that requires special protection from inappropriate development. They are areas outside metropolitan Melbourne – like Bass Coast, Bellarine Peninsula, Surf Coast and Macedon Ranges. 

Once declared, a Statement of Planning Policy (SPP) must be prepared for the area in partnership with Traditional Owners, the relevant council and the community. The SPP must include a long-term vision of at least 50 years, policy objectives, and strategies to achieve the vision, and a strategic framework plan for guiding the future use and development of land in the declared areas.  

The SPP can include long-term, mandatory settlement boundaries to ensure development does not inappropriately encroach into valued natural and rural landscapes. Once implemented, the Victorian Parliament must ratify any future changes to settlement boundaries. This is the same process in place for Melbourne’s Urban Growth Boundary (UGB). 

Before DAAL declaration legislation was introduced, the Victorian Government prepared Localised Planning Statements (LPSs) for protecting and enhancing the valued attributes of peri-urban areas – including the Mornington Peninsula. LPSs have also been prepared for the Yarra Valley and Dandenong Ranges. 

Should the Mornington Peninsula be declared a Distinctive Area and Landscape? 

Previous reviews of the Mornington Peninsula Planning Scheme by Council (Planning Scheme Reviews) included an action for Council to engage with State Government to investigate the declaration of the Mornington Peninsula under section 46A (Distinctive Areas and Landscapes) of the Planning and Environment Act 1987.  

Investigations since that time, including consultation with the Victorian Department of Transport and Planning, confirmed that there is limited practical benefit for the Peninsula in being declared a DAAL because current planning controls and policies within the Mornington Peninsula Planning Scheme already achieve a very similar outcome. That is:  

  • The Urban Growth Boundary is equivalent to a DAAL settlement boundary. Both cannot be changed without ratification of Parliament. 

  • The Green Wedge Zone protects about 70% of the Peninsula’s land mass for agriculture, biodiversity, cultural heritage and conservation significance. 

Collectively, these policies and controls appropriately balance growth with protecting natural landscapes and the special character of the Peninsula without the burden of being locked into a 50-year planning horizon to plan for growth.  

Other areas in Victoria that have since been declared a DAAL did not have the protections of a UGB, Green Wedge Zone or Localised Planning Statement as they are located outside of metropolitan Melbourne. By contrast, Mornington Peninsula Shire is defined as part of metropolitan Melbourne. 

Mornington Peninsula Shire Council has not pursued a DAAL declaration to date. If Council decided to pursue a DAAL declaration, some of the risks that would likely be involved include: 

  • Greater planning control and more decision-making powers shifted away from Council to the State Government as they would be responsible for preparing the Statement of Planning Policy – not Council.  

  • Potential ‘opening up’ of the current UGB, possible loss of Green Wedge land, and need to significantly increase development density in established townships to accommodate 50-years’ worth of predicted growth. This could include the removal of existing mandatory planning controls that have helped shape and protect the special character of the Peninsula, including building height limits and minimum subdivision lot sizes. 

  • Considerable time and expense to Council and the community to try to influence final outcomes of a DAAL declaration and SPP, noting that other DAALs have taken several years to complete at significant cost. 

  • Uncertainty about future planning outcomes for the Peninsula over several years while the process is underway. 

Importantly, if a DAAL was to be declared for the Peninsula, it cannot be changed in any way (including settlement boundaries, policy objectives, etc.) without undergoing the full process again, including ratification of the Victorian Parliament. This means planning controls under the DAAL would effectively be ‘locked in’ and cannot be easily changed in response to emerging issues and community needs. The existing UGB already provides certainty and protection as any changes to the UGB also require ratification by the Victorian Parliament. 

For more information about Distinctive Areas and Landscapes, visit the State Government’s website. 

 

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