Planning Scheme Amendments

From time to time, changes are made to a planning scheme. These changes are called ‘amendments’ and may be introduced to respond to changes in an area, implement the recommendations or vision of an adopted plan or strategy, incorporate a new Council policy, or improve how the scheme operates.

Requesting a planning scheme amendment

Making a planning scheme amendment is a process to change the law. Therefore, an amendment can only be prepared and initiated by a planning authority, which is any minister or agency that has been authorised by the Minister for Planning. For the Mornington Peninsula Shire, the planning authority generally is Council or the Minister for Planning. 

Anyone can ask Council to undertake a planning scheme amendment. That includes a private land owner, consultant or group of people. You don’t need to complete an application form to request a planning scheme amendment. Instead, we recommend that you contact our Strategic Planning Department on 5950 1010 or via email at planningschemeamendments@mornpen.vic.gov.au to discuss any potential amendment before applying. 

Read more about amending a planning scheme here.

It is important to note that Council is only likely to support an amendment request when it can be demonstrated that the proposed change will either address an anomaly or better support the Shire's strategic planning objectives as expressed in the Mornington Peninsula Localised Planning Statement (July 2014), the Mornington Peninsula Planning Scheme, or another policy, strategy or plan adopted by Council.

A planning scheme amendment must be accompanied by the prescribed amendment fees which are to be paid at key milestones in the process. Find out more about amendment fees prescribed by the Planning and Environment (Fees) Regulations 2016 here.

Amendments in progress

C190 – Hastings Town Centre Structure Plan

Amendment C190 implements Council’s adopted Hastings Town Centre Structure Plan (November 2014) [need to hyperlink to the adopted Plan] by giving it a statutory effect, with the intention to guide future land use and development in the area. The amendment was adopted at the Planning Services Committee meeting held on Monday 16 October 2017 and has been forwarded to the Minister for Planning for approval.

C219 – Implementing the Mornington Peninsula Housing and Settlement Strategy  

On 5 February 2018, Council resolved to request the Minister for Planning to authorise commencement of proposed Amendment C219. Amendment C219 seeks to implement the Shire’s adopted Housing and Settlement Strategy (December 2017). The authorisation request was sent to the Minister on 16 February 2018. The Minister has not yet made a decision on the request.

Completed amendments

An amendment is finished when the Minister for Planning or relevant planning authority has made a final decision. All completed amendments can be viewed here.

Below is a list of recently completed amendments (i.e. those approved within the last 6 months):

C206 – Rosebud Activity Centre Structure Plan

Approved on 19 November 2019, Amendment C206 implements Council’s adopted Rosebud Activity Centre Structure Plan (October 2017) by introducing new built form controls to the area.

C214 – Heritage Review (Stage 2)

Approved on 24 October 2019, Amendment C214 implements the findings of the Mornington Peninsula Shire Heritage Review, Area 2 Volume 2 - Place and Precinct Citations, 22 August 2016 (Revised September 2017) and additional separately prepared citations by introducing permanent Heritage Overlays to 49 new individual heritage places and 4 new group heritage places in Arthurs Seat, Capel Sound, Dromana, Fingal, Hastings, Main Ridge, McCrae, Red Hill, Rosebud, Rye, and Somerville.

C226 – 470 Browns Road and 87 & 89 Glenvue Road, Rye

Approved on 10 October 2019, Ministerial Amendment C226 deletes the Development Plan Overlay Schedule 20 from 470 Browns Road and 87 & 89 Glenvue Road, Rye and deletes the site specific requirement for a public open space contribution of 10 per cent.

C254 – Special Use Zone – Schedule 2

Approved on 4 October 2019, Ministerial Amendment C254 amends the Special Use Zone – Schedule 2 to reinstate a Residential aged care facility as a Section 2 – Permit required use and corrects a number of minor errors in the Special Use Zone – Schedule 2 and the Schedule to Clause 51.02 Metropolitan Green Wedge Land.

 C257 – Site-specific Heritage Overlay

Approved on 21 November 2019, Amendment C257 applies the Heritage Overlay to 1146 Frankston-Flinders Road, Somerville (HO465) and 3808 Point Nepean Road, Portsea (HO464), and incorporates 1146 Frankston-Flinders Road, Somerville Statement of Significance, March 2019 and 3808 Point Nepean Road, Portsea Statement of Significance, March 2019 in the Schedule to Clause 72.04 on an interim basis, until 30 October 2020.

C264 – Ocean Beach Road Commercial Precinct

Approved on 31 July 2019, Ministerial Amendment C264 extends the expiry of schedule 28 to Clause 43.02 - Ocean Beach Road Commercial Precinct.