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 email@example.com 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
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.
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):
C268 – Ocean Beach Road Commercial Precinct (Sorrento)
Approved on 21 January 2020, Amendment C268 extends the expiry date of existing interim Design and Development Overlay – Schedule 28 (Ocean Beach Road Commercial Precinct) by two years to 31 January 2022.
C190 – Hastings Town Centre Structure Plan
Approved on 19 December 2019, Amendment C190 implements Council’s adopted Hastings Town Centre Structure Plan (November 2014) by applying built form controls to the area.
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.
State Planning Scheme Amendments
From time to time, changes are introduced to the Victoria Planning Provisions (VPP) – the complete set of planning provisions that can be used to construct a planning scheme. Where a provision in the VPP is changed, all planning schemes across Victoria that contain that provision are also changed. Known as ‘VC’ or ‘V’ amendments, only the Minister for Planning can make changes to the VPP. VPP changes relevant to the Mornington Peninsula are found here.
Sometimes, amendments can be approved by the Minister that affect a group of planning schemes in Victoria. Known as ‘GC’ amendments, they are designed to address a planning scheme issue that affects more than one local government area. All ‘GC’ amendments relevant to the Mornington Peninsula can be found here.