Amendment C246morn - Elevating ESD Targets

The Amendment is proposed to apply when a planning permit is triggered under the requirements of a zone for buildings and works, for most types of zones, including:

• Residential zones (excluding the Low Density Residential Zone),
• Industrial zones, and
• Commercial zones,

but not will not apply in the following zones:

• Rural zones, such as the Green Wedge zone,
• the Low Density Residential Zone, and
• Public land zones.

Importantly, the proposed particular provision will not apply if the proposed development:

• Does not require a planning permit,
• Is in a rural zone, or is associated with the agricultural use of the land,
• Is for the construction or alteration of a single dwelling,
• Is for the alteration of an existing building which does not increase the gross floor area of the building by more than 1000sqm,
• Is for the construction of a new building which is less than 50sqm,
• Is a VicSmart application.

Around 40% of the world’s energy resources are used in buildings. Data from Council’s adopted Climate Emergency Plan (August 2020) shows that electricity and gas used in buildings represent the Peninsula’s biggest source of carbon emissions (61%). The Plan also notes that 86% of people surveyed during development of the Plan identified ‘energy transition’ (from high to low emissions) as an important outcome that is necessary to address the climate emergency. This demonstrates that energy consumption in buildings is one of the Shire’s most substantial mitigation opportunities and that acting on this opportunity is important to the Shire’s community.

By seeking to facilitate ‘net zero carbon development’ via the planning system, the Project will help the Shire deliver on its commitment within the Plan to achieve net-zero emissions across the Peninsula by 2040.

You can download copies of the draft amendment documents from the Document Library at the bottom of this page, including:

• Explanatory Report
• Instruction Sheet
• Particular Provision
• Supporting Documents
• • Planning Report
  • Economic Cost Benefit Analysis Report
  • Development Feasibility Report
    
    

You can read more about the proposed amendment and related documentation in the report presented to Council at the Planning Services Committee meeting held on 9 May 2022 Council/Committee Meeting Agendas and Minutes - Mornington Peninsula Shire (mornpen.vic.gov.au)

On 12 July, 2022, Council requested authorisation from the Minister for Planning to prepare and exhibit the amendment.

On 4 August 2022, under delegation from the Minister for Planning, the Department of Environment, Land, Water, and Planning (DELWP, now the Department of Transport and Planning or DTP) advised Council that the Amendment required further review, and that a decision to authorise or refuse the preparation and exhibition of the Amendment would be made following relevant changes to the National Construction Code and the finalisation of Stage 2 of Victoria’s ESD Roadmap.

Since this time, CASBE has continually advocated to the Minister for Planning to authorise the Elevating ESD Targets planning scheme amendments lodged by each of the 24 CASBE member Councils, including Mornington Peninsula Shire’s Amendment C246morn.

Most recently, on 1 July 2024 the Minister wrote to CASBE and advised that before a decision is made to authorise or refuse the preparation and exhibition of the Elevating ESD Targets amendments, that the Minister must firstly consider:

• The recommendations of the Parliamentary Inquiry into the 2022 Flood Event in Victoria when the final report is tabled,
• The forthcoming update to the Commonwealth Government’s ‘Trajectory for Low Energy Buildings’, scheduled to take place before the end of 2024,
• The finalisation of Victoria’s Environmentally Sustainable Development Roadmap

The Minister’s decision to authorise or refuse the preparation and exhibition of the Amendment is therefore not expected to take place until 2025.

If authorised, Council will publicly exhibit the amendment for community feedback. Council will send notices about public exhibition to all landowners and occupiers directly affected by the amendment, as well as anyone else that may be materially affected.

If the Amendment is authorised, you can have your say about the amendment during the public exhibition period. Your feedback must be in writing and sent to Council before exhibition finishes. You will find instructions on how and when to make a submission on this webpage, and in the exhibition notices sent out by Council. 

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