Amendment C241morn – Balcombe Estuary and associated reserves

Planning Scheme Amendment C241morn proposes to implement recommendations from the Balcombe Estuary and associated reserves: Ecological and Planning Study (Biosis, 2022) (the Study).

The amendment specifically proposes to:

  • introduce a new Schedule 32 to the Environmental Significance Overlay (ESO32) to the area which explicitly identifies critically important ecological values and environmental systems in the area whilst acknowledging the importance of existing community infrastructure,
  • rezone land currently within residential zones to reflect public ownership and conservation or recreational values, and
  • delete redundant planning provisions to avoid unnecessary duplication of controls and improve the overall efficiency of the planning scheme.

The proposed ESO32 is a planning control that strengthens biodiversity conservation within the area beyond just vegetation protection. It requires new development to have regard for highly valued and sensitive environmental systems, native fauna, habitat, land and soil stability, drainage patterns, and water quality.

To support the ongoing use of existing sporting, recreation and community uses, the proposed ESO32 contains planning permit exemptions for certain types of buildings and works, particularly where they are contained within existing footprints and areas with low or minimal ecological value.

What land is affected by the amendment?

The amendment applies to land in Mount Martha including Balcombe Creek Estuary, Citation Reserve, Balcombe Estuary Reserve, Seppelt Park Reserve, Ferrero Reserve and Victoria Reserve as shown in the map below.

Balcombe Estuary Amendment affected land map.png

This land is used for a range of sports, recreation and community purposes, including tennis courts, cricket and football ovals, a pistol club, a bowls and petanque club, Balcombe Creek Estuary boardwalk, fishing platforms, Mount Martha Preschool and Maternal and Child Health Centre.

The land includes a combination of Crown Land and land owned by Mornington Peninsula Shire Council. Council is the Committee of Management for all Crown Land within the area whilst Melbourne Water are the waterway manager for the Balcombe Creek Estuary.

The amendment does not apply to any privately owned land.

Why is the amendment needed?

The amendment aims to protect and enhance the ecological values, systems and character of the Balcombe Creek Estuary and associated reserves whilst supporting existing sports, recreation and community uses in the area for a growing population.

Where can I see the amendment documents?

You can view all the amendment documents free of charge:

  • ·online at the State Government’s website
  • in person (on request) by visiting one of our customer service centres during office hours:
  • 90 Besgrove Street, Rosebud VIC 3939 (Rosebud Office)
  • 2 Queen Street, Mornington VIC 3931 (Mornington Office)
  • 21 Marine Parade, Hastings VIC 3915 (Hastings Office)

You can also read more about the amendment in the 15 August 2022 Planning Services Committee meeting minutes.

When was the amendment publicly exhibited?

The amendment was publicly exhibited from 2 November 2023 until 15 December 2023.

How many submissions did Council receive?

Council received a total of 64 submissions.

Can I see the submissions?

You can view all submissions free of charge by:

IMPORTANT: We have removed all personal details from submissions to protect privacy. 

Was there a public panel hearing?

No. A public panel hearing was not required because all submissions were resolved and none needed to be referred to a panel for consideration. 

 

 

What has Council decided to do with the amendment?

Council considered all submissions and the panel’s report and decided to adopt the amendment with changes during the Council meeting on Tuesday, 11 June 2024. You can view the updated amendment documents in the attachments to the meeting minutes.

Council has notified all owners and occupiers of land affected by the amendment of this decision and submitted the amendment to the Minister for Planning for approval on 24/6/2024.

 

What is the Minister for Planning’s decision?

The Minister for Planning has approved the amendment with changes. Notice of the decision was provided to Council on Monday, 26 August 2024.

 

 

What happens now ?

The amendment was gazetted on Thursday, 5 September 2024. This means that the planning scheme has officially been changed as proposed by the amendment.

You can view the approved amendment documents on the State Government’s website.

 

 

Where can I get more information?

 

Timeline

Stage 1 – Authorisation

The Minister for Planning authorised Council to prepare the amendment for exhibition on 30/11/2023

 

Stage 2 – Preparing for exhibition

Council prepared the amendment for public exhibition.

 

Stage 3 – Exhibition

The amendment was publicly exhibited from 02 November 2023 to 15 December 2023.

 

Stage 4 – Reviewing submissions and Council decision

Council reviewed all submissions and decided to adopt the amendment on 11/6/2024

 

Stage 5 – Planning panel

Not applicable, no submissions were referred to a planning panel

 

Stage 6 – Council decision

Council decided to adopt the amendment on 11/6/2024

 

Stage 7 – Ministerial decision

The Minister for Planning approved the amendment and it was gazetted on 05/09/2024.

 

 

Contact us

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

 

In writing:
Amendment C241morn
Mornington Peninsula Shire
Private Bag 1000, Rosebud, Victoria, 3939

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