Amendment C219morn: Housing for the Peninsula

Planning Scheme Amendment C219morn was adopted by Council on 6 August 2024. The amendment provides a sustainable approach to housing on the Peninsula by: 

  • directing future growth to areas close to shops, jobs, schools and public transport 
  • ensuring all types of housing can be accommodated (homes, units, apartments and residential aged care facilities), and 
  • protecting the Peninsula’s special values and character. 

Amendment C219morn meets the State Government’s draft housing targets under its long-term housing plan for Victoria. The amendment will provide for about 1,200 new homes per year to house our growing population which is expected to reach 180,000 - 200,000 residents by 2036.

Amendment C219morn changes existing residential zones and planning controls to ensure housing growth occurs in appropriate locations within our major activity centres and townships, and away from areas of landscape and environmental significance or subject to bushfire, flooding and erosion risks.  

Our Green Wedge will be protected – the Urban Growth Boundary will not change.  

The amendment ensures new development respects the Peninsula’s special values and character by introducing new controls relating to things like building height, siting, landscaping and fencing. It keeps existing mandatory subdivision controls and introduces new subdivision controls in the hillside area of Dromana. 

Amendment C219morn also simplifies existing planning controls to make them easier to understand and reduces red tape, particularly to build or renovate on house on a lot. This means more applications can be processed under the Building Regulations, without needing a planning permit. 

Meeting the housing challenge

The amendment proposes changes to the existing residential zones to ensure changes to housing occur in appropriate areas:

Minimal change area: Minimal housing change occurs in smaller townships or areas prone to environmental risks (e.g. bushfires, flooding and sea-level rise) or areas with special neighbourhood character (such as The Avenues in Rosebud or Ranelagh Estate in Mount Eliza).

Incremental change area: Incremental housing change occurs in all other areas.

Substantial change area: Substantial housing change occurs in major townships (Mornington, Rosebud and Hastings) and in some of our other township centres like Baxter, Somerville, Dromana, Rye and Sorrento where there are more jobs, services and facilities and Council already has an adopted structure plan supporting three or more storey development. 

How the residential zones will apply

The amendment will apply the residential zones as follows:

The amendment will rezone the existing GRZ in incremental or minimal change areas to the NRZ.

Protecting the Peninsula's special values and character

The amendment proposes to update the local planning controls that affect residential development. These controls relate to, for example:

  • building design
  • siting
  • landscaping
  • fences.

Future housing development will then respond better to the neighbourhood's preferred character.

Reducing the red tape for one dwelling on a lot

The amendment will remove several existing planning permit triggers so more single dwelling developments can go ahead without needing a planning permit (and therefore will only need a building permit). Some of the permit triggers being removed relate to dwellings that:

  • are located within 10 metres of a shared boundary with a public park, conservation area or certain types of road zones
  • have a wall height exceeding a specified height
  • have external wall cladding that’s less than 50% made up of brick, masonry, timber, or simulated weatherboards
  • have cladding and trim of muted tones of green, brown or beige.
  • have an external finish that has a level of reflectivity greater than 40%. 

Strategic work

The changes proposed under this amendment are supported by the following strategic work:

Land affected by the Amendment

The amendment applies to:

  • all land in the GRZ
  • all land in the LDRZ
  • all land affected by Schedules 1 to 7, 11, 17 to 20, and 22 to 24 to the DDO.

Why is the Amendment needed?

The amendment is required to:

  • ensure the character of the Peninsula’s residential areas is protected and enhanced as the Shire’s population continues to grow
  • improve the operational efficiency of the Planning Scheme so that more applications for one dwelling on a lot can be processed under the Building Regulations without needing a planning permit.

Where can I view the Amendment documentation?

You can inspect all documents relating to the amendment free of charge on the Department of Transport and Planning (DTP) website: Amendment C219morn.

When was the Amendment publicly exhibited?

The amendment was publicly exhibited from 12 August 2021 until 29 October 2021.

You can view the following supporting documents which were placed on exhibition alongside the amendment to help explain what the amendment is about:

FAQs(PDF, 902KB)

FAQs (additional)(PDF, 427KB)

FAQs about Building and Planning Permits(PDF, 211KB)

Brochure(PDF, 5MB)

Planning and Building Permits Flowchart(PDF, 204KB)

Simple Roof Forms(PDF, 17MB)

Single Dwelling on a Lot(PDF, 693KB)

Built Form and Open Space(PDF, 662KB)

Heights and Triggers(PDF, 614KB)

Multi-units NRZ3 Backyard Character(PDF, 3MB)

Practice Note 27 (ResCode) with Notes(PDF, 7MB)

Ellerina Road Exemption(PDF, 3MB)

Multi-units Existing and Proposed (NRZ3)(PDF, 6MB)

How many submissions did Council receive?

Council received a total of 316 submissions. You can view all submissions below, which have been redacted to protect submitters’ privacy:

What was the response to each submission?

You can read the response to each submission here:

Submissions Reviews and Officers' Response(PDF, 19MB)

Did Council refer submissions to a planning panel?

Yes. Council decided at the Council meeting on 24 October 2022 to refer submissions to an independent planning panel for review and recommendations. The panel was appointed by the Minister for Planning.

Was there a public panel hearing?

Yes. A Directions Hearing was held on 21 November 2022. The Panel Hearing was held on 14 February 2023 until 7 March 2023.

Where can I view the Panel-related documents?

The panel delivered its report to Council on 8 May 2023. The following panel-related documents are available for download:

What has Council decided to do with the amendment?

Council considered all submissions and the planning panel’s report and decided to adopt Amendment C219morn with changes at its meeting on 6 August 2024. You can view the adopted amendment documents in the attachments to the meeting minutes.

What happens next?

Council will send the adopted amendment to the Minister for Planning for final approval.

The Minister will decide whether to approve the amendment with or without changes.

If the Minister approves the amendment, a notice will appear in the Victorian Government Gazette and the amendment will come into effect. The planning scheme will be updated on the day of the gazettal notice.

If the Minister refuses the amendment, the planning scheme will not change.

We will notify all submitters to Amendment C219morn of the Minister’s decision as directed by the Minister.

The Minister’s decision on the amendment can’t be appealed.

What does this mean for my planning permit application?

Since Council adopted Amendment C219morn on 6 August 2024, Shire planners have been assessing planning permit applications against the existing controls in the Mornington Peninsula Planning Scheme as well as the new controls proposed by Amendment C219morn as per section 60(1A)(h) of the Planning & Environment Act 1987.

Things have changed, however, since the State Government introduced the new ‘Townhouse & Low-Rise Code’ to all planning schemes in Victoria through Amendment VC267 to the Victoria Planning Provisions on 6 March 2025.

This new ‘code’ replaces existing residential development standards for multi-dwelling development (at Clause 55 of the planning scheme) right across Victoria. Apart from introducing new standards, the code also prevents Council from assessing planning permit applications against adopted planning scheme amendments, including Amendment C219morn, where the zone is the only permit trigger. That is in these circumstances, Council cannot consider applications against planning scheme amendments that have been endorsed by Council but not yet approved by the Minister for Planning.

The State Government has indicated that it also intends to introduce a new code for single dwelling development to replace the existing standards at Clause 54 (Single dwelling on a lot) of all planning schemes in Victoria by mid-2025.

Given these changes, Shire officers will now only assess planning permit applications against existing planning controls within the Mornington Peninsula Planning Scheme and those parts of Amendment C219morn which are not affected by the new codes.

The Victorian Civil and Administrative Tribunal will consider Amendment C219morn and the new Townhouse & Low-Rise Code (Amendment VC267) as relevant when determining planning permit appeals. The weight the Tribunal gives to each of these amendments will depend on the specific circumstances of the appeal.

Finally, please note that Amendment C219morn does not have any transitional provisions. This means, if the Minister decides to approve Amendment C219morn, any planning permit application still under consideration by Council at that time will need to comply with Amendment C219morn, otherwise Council may not be able to support it. Any applications that don’t comply with the mandatory controls of Amendment C219morn (such as new building height limits) will not be supported.

If you’re unsure how Amendment C219morn or the new ‘Townhouse & Low-Rise Code’ (VC267) might impact your application, please contact our Statutory Planning department by:

The Shire also has a pre-application service where you can book an appointment to speak to a planner to discuss a specific planning permit application proposal.

Please contact the State Government for any other questions about the new ‘Townhouse & Low-Rise Code’ by:

I already have a planning permit for my house. Will the amendment affect this permit?

No. If you already have an approved planning permit you have rights to develop the land in accordance with that permit. If you want to change your planning permit, Council will need to consider any change you propose against Amendment C219morn. If you have any specific questions about changing your existing planning permit, please contact our Statutory Planning department by:

  • calling (03) 5950 1010, or
  • emailing planning@mornpen.vic.gov.au

I already have a building permit for my house. Will the amendment affect this permit?

No. If you already have an approved building permit you have rights to develop the land in accordance with that building permit. However, if you were required to amend your Building Permit, your Relevant Building Surveyor would need to consider if the changes to the planning scheme under Amendment C219morn would require a planning permit. If a provision of the planning scheme would now require a planning permit, you would need to apply for a planning permit. Council will need to consider any change you propose in context of the changes to the planning scheme under Amendment C219morn. If you have any specific questions about changing your existing planning permit, please contact our Statutory Planning department by:

Where can I get more information?

For more information about Amendment C219morn, please contact our Strategic Planning team by:

You can also visit the State Government’s website for more information about the planning scheme amendment process.

For information about planning permits, please contact our Statutory Planning department by:

For information about building permits, please speak to a private building surveyor or click here.

 

Council adopted C219morn planning controls

Search the Council adopted C219morn planning controls

 

Timeline

Stage 1 - Awaiting Authorisation
Council first requested the Minister for Planning to authorise the amendment on 16 February 2018.

Stage 2 - Preparing for exhibition

The Minister for Planning authorised Council to prepare the amendment for exhibition on 19 May 2021.

Stage 3 - Exhibition

Council publicly exhibited the amendment for 11 weeks from 12 August 2021.

Submissions closed on 29 October 2021.

Stage 4 - Reviewing submissions and Council decision

Council reviewed all submissions and decided on 20 June 2022 to refer the submissions to an independent planning panel for recommendations.

Stage 5 - Planning panel

The planning panel held a public hearing from 13 February to 7 March 2023 to consider all submissions.

The panel’s report with recommendations was released on 22 May 2023.

Stage 6 - Council decision

Council adopted the amendment on 6 August 2024.

★Stage 7 - Ministerial decision

Council submitted the amendment to the Minister for Planning on 19 September 2024.

 

 

 

Document Library

Panel Report(PDF, 3MB)

 

Amendment-C219morn-Further-Housing-Capacity-Analysis-Report.pdf(PDF, 3MB)

 

FAQs(PDF, 2MB)

 

FAQs about Building and Planning Permits(PDF, 211KB)

 

Brochure(PDF, 5MB)

 

Submissions Reviews and Officers' Response(PDF, 2MB)

 

Planning and Building Permits Flowchart(PDF, 204KB)

 

Simple Roof Forms(PDF, 17MB)

 

Single Dwelling on a Lot(PDF, 693KB)

 

Built Form and Open Space(PDF, 662KB)

 

Heights and Triggers(PDF, 614KB)

 

Multi-units NRZ3 Backyard Character(PDF, 3MB)

 

Practice Note 27 (ResCode) with Notes(PDF, 7MB)

 

Ellerina Road Exemption(PDF, 3MB)

 

Multi-units Existing and Proposed (NRZ3)(PDF, 6MB)

Contact us

P: 5950 1003
E: strategic.admin@mornpen.vic.gov.au

In writing:
Housing for the Peninsula - Amendment C219morn
Mornington Peninsula Shire
Private Bag 1000, Rosebud, Victoria, 3939

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