Submissions to the State Government

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 28 March 2022 to make a submission to the State Government's 'Bushfire Planning Made Clearer: Options for Victoria's Planning System' Discussion Paper.

The Discussion Paper addresses the following seven topics:

1. More useable state bushfire policy.
2. Clearer planning requirements in Bushfire Prone Areas (BPAs).
3. Better bushfire hazard assessments.
4. Better approaches to preparing and assessing planning permit applications.
5. Permit exemptions for managing vegetation.
6. Compliance with bushfire-related planning permit conditions.
7. Training, capacity building and longer-term opportunities.

The State Government sought feedback via an online survey comprising 43 questions across all seven topics. In its submission, Council reiterated its adopted advocacy position on 16 March 2020 concerning the accuracy of bushfire mapping and need to minimise unnecessary vegetation loss, and included views from officers in the Shire's Natural Systems, Strategic Planning, Statutory Planning, and Community Safety and Compliance teams.

Read Council's submission on the Bushfire Planning Made Clearer Discussion Paper(PDF, 387KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 28 March 2022 to make a submission to the to the Victorian Government’s Parliamentary Inquiry into Protections within the Victorian Planning Framework.

The parliamentary Environment and Planning Committee asked for submissions into the inquiry on the adequacy of the Planning and Environment Act 1987 and the Victorian planning framework in relation to planning and heritage protection.

The Terms of Reference(PDF, 71KB) for this inquiry is very broad and encompasses all aspects of the planning regulatory system, mainly the Act but, by extension, all the planning policies and controls within the Victorian Planning Provisions (VPPs) and local schedules to each municipal planning scheme.

The submission by MPSC addresses the following aspects of the inquiry’s Terms of Reference:

• The high cost of housing.
• Environmental sustainability and vegetation protection (including impacts of climate change, sea level rise, bushfire exemptions, biodiversity conservation, and vegetation management overlays).
• Delivering certainty and fairness in planning decisions for communities (including mandatory height limits, minimum apartment sizes, protecting Green Wedges and the urban growth boundary, community concerns about the Victorian Civil and Administrative Tribunal appeal processes, protecting third party appeal rights, and the role of Ministerial call-ins).
• Protecting heritage in Victoria (including the adequacy of current criteria and processes for heritage protection, possible federal involvement in heritage protection, separating heritage protection from the planning administration, separating heritage protection from the planning administration, establishing a heritage tribunal to hear heritage appeals, the appointment of independent local and state heritage advisors, the role of Councils in heritage protection, and penalties for illegal demolitions).
• Ensuring residential zones are delivering the type of housing that communities want.

The recommendations in the submission suggest potential changes to the Planning and Environment Act 1987 as well as the Victorian Planning Provisions and/or ways in which the Department of Environment, Land, Water and Planning (DELWP) could improve the management of planning, environment, and heritage controls in planning schemes.

Read Council's submission to the Victorian Government’s Parliamentary inquiry(PDF, 843KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 13 December 2021 to make a submission to the State Government on its Inquiry into Apartment Design Standards in Victoria.

The Inquiry Committee's terms of reference are to consider better apartment design standards in a global context including an examination of the:

• current apartment living standards in Victoria
• improvements that can be made to the liveability in apartments and apartment building developments, including communal areas
• initiatives undertaken by other states or nations that have improved apartment design standards.

In its submission, Council considered:

• key strategic concerns as outlined in the adopted Council and Wellbeing Plan 2021-2025 and other relevant plans, strategies and policies that are either adopted or under development at the time of submission
• the development context of the Peninsula and the role of apartments in meeting housing needs of our local communities
• the operation of existing apartment standards within the Victoria Planning Provisions (VPPs) as applied on the Peninsula
• pending State Government-led improvements to the VPPs that relate to apartment design.

In summary, Council's submission welcomes recommendations from the Inquiry Committee that seek to enhance Environmentally Sustainable Development (ESD), Universal Design (UD), health and wellbeing, housing diversity and affordability, and neighbourhood and township character. In particular, the submission notes the Shire's wide range of strategic work that demonstrate Council's strong commitment to these priorities.

Read Council's submission to the Inquiry into Apartment Design Standards in Victoria(PDF, 371KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 25 October 2021 to make a submission in response to the State government’s draft Southern Metropolitan Land Use Framework Plan.

Plan Melbourne, the State Government's Metropolitan Planning Strategy, first adopted in 2014 and last updated in 2017, provides an overall plan for the future land use and development pattern of Melbourne and also divides the metropolitan area into six regions. The Southern Metro region includes the municipalities of Kingston, Frankston, Cardinia, Casey, Greater Dandenong and the Mornington Peninsula.

One of the priority actions included in Plan Melbourne is the development of a Land Use Framework Plan (LUFP) for each region. Following a long period of development, DELWP released in August 2021 a set of draft LUFPs for the six metropolitan regions and invited submissions.

The LUFPs are intended to provide a 30-year vision and planning framework for each region and to act as a link between the State level objectives provided in Plan Melbourne and local level strategic planning.

The Southern Metro LUFP is structured around six themes:

• productivity,
• housing choice,
• integrated transport,
• liveability, strong communities and
• sustainability and resilience

The LUFP includes 31 directions, 100 strategies and 20 proposed actions. The document also includes a draft initial implementation plan outlining intended actions in the short (zero to two years) and medium (two to five years) timeframe. 

Although the period for public submissions closed 24 October 2021, the Southern Metro LUFP and associated documents is still available on the State Government’s Engage Victoria website.

Read Council's submission on the draft Southern Metro LUFP(PDF, 1MB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Tuesday, 9 March 2021 to make a submission to the State Government’s plan for supporting Environmentally Sustainable Development (ESD) through Victoria’s planning system.

The plan, entitled Environmentally Sustainable Development of Buildings and Subdivisions: A Roadmap for Victoria’s Planning System (DELWP 2020) (the roadmap), seeks to develop an integrated planning system approach to ESD and deliver key reforms that:

• make it easier to recycle
• cool new developments and the urban environment
• facilitate active and sustainable transport choices
• reduce exposure to air and noise pollution
• improve building energy efficiency and support the transition to a low emission future
• enhance the role of planning in stormwater management and efficient water usage
• strengthen and extend ESD considerations for commercial and industrial developments.

The roadmap is being implemented in two stages by the end of 2021:

• Stage 1: Reforming the Planning Policy Framework (PPF) in all Victorian Planning Schemes to explicitly acknowledge ESD as a key principle and clarify and emphasise ESD policy throughout the balance of the PPF to better align with existing State policies.
• Stage 2: Updating Particular Provisions in all Victorian Planning Schemes by introducing new and expanded provisions across a range of key ESD elements (such as energy, water, waste and recycling, transport, landscaping and biodiversity, urban heat and air and noise pollution) that provide objectives and standards for residential, commercial and industrial developments to give effect to the ESD strategies set out in planning policy. The amended provisions are intended to support and compliment concurrent and planned reforms to the National Construction Code (i.e. Building System).

The roadmap reforms will seek to minimise unnecessary duplication between State and local policies and provide clearer ESD assessment requirements for planning permit applications.

Read Council's submission to the State Government's ESD plan(PDF, 416KB).

Read the State Government's ESD plan.

Read the related proposed Amendment C232morn, which seeks to Introduce a local ESD policy to the Mornington Peninsula Planning Scheme. 

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Tuesday, 9 March 2021 to make a submission on the Secondary Dwelling Code (planning.vic.gov.au).

Plan Melbourne 2017-2050 identifies the need to facilitate housing choice and meet changing household needs. The Secondary Dwelling Code has been developed to facilitate small-scale ‘granny-flat or garden studio’ style accommodation on the same lot as an existing dwelling in a residential area. Key aspects of the code to guide the siting and design of secondary dwellings are:

• a height limit of 5 metres.
• a maximum floor size of 60 square metres.
• the need to meet the minimum garden area requirements of the zone, along with other siting and design requirements assessed through the permit process.
• no ability to subdivide.

Secondary Dwellings provide housing options to assist Victorians, however there is also a risk that these forms of accommodation will be used for short stay accommodation on the Mornington Peninsula which may limit the benefit to our community. The Mornington Peninsula Shire Council has made a submission to the State Government highlighting our concerns and providing recommendations around:

• Short Stay Accommodation
• Tiny Homes
• Section 173 Agreements
• Dependant Person Units.

Read Council's submission on the Secondary Dwellings Code(PDF, 446KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Wednesday, 27 January 2021 to make a submission on the Planning for Melbourne’s Green Wedges and Agricultural Land (P4GWAL) Consultation Paper.

A copy of the consultation paper, which has been prepared and exhibited by the State government’s Department of Environment, Land, Water, Environment and Planning ( DELWP) is available on the State Government's Engage Victoria website.

The options proposed in the consultation paper seek to address four key aspects of land use and development in Melbourne’s green wedge and peri-urban areas located within 100 km of Melbourne. The options are intended to address the need to:

• strengthen legislative and policy frameworks to provide clear strategic direction
• support agricultural land use by strengthening rural zones and overlays
• support more consistent and coherent land use decision-making
• promote design and development in green wedges that is responsive to the surrounding landscape.

Read Council’s submission on the Planning for Melbourne’s Green Wedges and Agricultural Land (P4GWAL) Consultation Paper(PDF, 457KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 17 August 2020 to make a submission on the Independent Review of the Victorian Ports System Discussion Paper (July 2020).

The independent review was launched with the aim of exploring what has changed in nearly two decades since the last comprehensive review of Victoria’s ports in 2001, and whether the arrangements put in place at the turn of the century are still sufficient for the efficient operation of these key state assets.

The discussion paper sets out a range of themes, issues and options for consideration and comment by interested parties. Although it does not arrive at any final positions or conclusions, the paper is intended to stimulate further thought and commentary to assist the independent reviewer in developing useful findings and recommendations for the Minister’s ultimate consideration.

Read Council's feedback on the Independent Review of the Victorian Ports System Discussion Paper(PDF, 349KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 18 May 2020 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the proposed changes introduced by the Integrating Environment Protection Reform into Land Use Planning.

The proposed changes seek to update the Victorian planning system to bring it in line with the Environment Protection Amendment Act 2018 due to commence on 1 July 2021. The reform was initiated as part of the Victorian Government’s response to recommendations 10.3 and 14.2 of the Independent Inquiry into the Environment Protection Authority (EPA).

The proposed changes will ensure that the Environment Protection Amendment Act 2018 and its subordinate instruments function at commencement, and that effective interaction between the environment protection framework and the planning system is maintained.

Read Council's submission on Integrating Environment Protection Reform into Land Use Planning(PDF, 297KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 18 May 2020 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the proposed changes to permanent planning provisions for non-government schools.

Population projections indicate that school enrolments will continue to grow and are under pressure to expand to accommodate demand. To address these challenges, the Victorian Government made an election commitment on 8 October 2018 to:

…help build more schools for our growing suburbs sooner, by altering planning laws and creating a dedicated planning unit within the department to help fast-track non-Government school approvals for new schools and upgrades.

Consequently, DELWP reviewed the Planning Policy Framework in the Victoria Planning Provisions to identify opportunities to fast-track non-government school approvals.

In December 2019, the Victorian Government gazetted Amendment VC165, which facilitated the construction and upgrade of non-government schools that receive funding under the Victorian Government’s ‘Non-government Schools Capital Fund’. Further measures have been developed to build on the changes implemented by VC165.

Read Council's submission on Permanent Planning Provisions for Non-government Schools(PDF, 436KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 17 February 2020 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the draft Buffer Area Overlay.

The proposed Buffer Area Overlay (BAO) aims to strengthen planning tools to better manage land use and development in areas potentially affected by a range of health and safety impacts from industry and other uses. The proposed overlay has been developed as part of the Planning for Buffers and Separation Distances project.

The need for the BAO was flagged during public consultation on proposed updates to the Planning Policy Framework and Clause 53.10 (Uses with adverse potential). The proposed updates aimed to strengthen policy for managing buffers, clarify how industries and other uses need to respond to the potential for off-site impacts and include up-to-date standards and guidelines.

Read Council's submission on the Draft Buffer Area Overlay(PDF, 102KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 16 December 2019 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the Land Use Buffers and Separation Distances review.

The proposed changes sought to update the Planning Policy Framework and Clause 53.10 of the Victoria Planning Provisions with the aim to improve the way the planning system addresses buffers for amenity, human health and safety impacts.

The proposed changes aimed to strengthen policy for managing buffers, clarify how industries and other uses need to respond to the potential for off-site impacts and include up-to-date standards and guidelines.

Read Council's submission on the Land Use Buffers and Separation Distances Review(PDF, 113KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 16 December 2019 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the draft Melbourne Industrial and Commercial Land Use Plan.

The draft Plan builds on policies, strategies and actions in Plan Melbourne 2017-2050 and its associated Five-Year Implementation Plan. It is intended to provide an overview of current and future needs for industrial and commercial land across metropolitan Melbourne, of which the Mornington Peninsula is a part, and seeks to put in place a planning framework to support state and local governments to plan more effectively for future employment and industry needs, and better inform future strategic directions.

Read Council's submission on the Draft Melbourne Industrial and Commercial Land Use Plan(PDF, 344KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 18 November 2019 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the draft Metropolitan Open Space Strategy.

The Strategy is underpinned by a key direction in Plan Melbourne 2019-2050 that seeks to strengthen the integrated metropolitan open space network through better planning, design and use of new and existing public open space by developing innovative approaches to access and making use of other types of public land such as waterways, school grounds and utility easements.

The Strategy is required to ensure Melbourne’s growing population is provided with, and has access to, quality open space through a fair and equitable provision of open space that meets the needs of all members of the community regardless of age, gender, ability or a person’s location.

Read Council's submission on the Draft Metropolitan Open Space Strategy(PDF, 414KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 17 June 2019 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the proposed planning reforms for the Extractive Industry.

In August 2018, the Minister for Planning and the then Minister for Resources released a Joint Ministerial Statement Extractive Resources to deliver a better approach for land use planning and regulation that will assist quarries to keep operating and new sites to develop alongside growing suburbs and communities.

Through the Statement, the Victorian Government has committed to changing planning rules to provide greater flexibility for the commencement of extractive industry operations and periods of inactivity.

Read Council's submission on Planning Reforms for Extractive Industries(PDF, 192KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 18 February 2019 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the draft Solar Energy Facilities – Design and Development Guideline.

The Guideline outline the assessment and development process for largescale solar energy facilities in Victoria – otherwise known as solar farms.

The Guideline provide clear and technically robust advice for councils, proponents, regulators and the community on establishing well-located and best practice facilities.

Read Council's submission on the Draft Solar Energy Facilities - Design and Development Guideline(PDF, 371KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Ordinary Council meeting on Tuesday, 27 March 2018 to make a submission to the Advisory Committee on the Land Use Terms and Definitions Discussion Paper.

The Land Use Terms Advisory Committee was appointed by the Minister for Planning in December 2017 to review and recommend improvements to land use terms and their definitions in Clause 74 of the Victoria Planning Provisions as part of the Smart Planning Program.

The Victorian Government initiated the Smart Planning Program to reform and modernise the Victorian planning system. The aim of the Program is to increase the effectiveness and operational efficiency of planning schemes.

Read Council's submission on the Land Use Terms and Definitions Discussion Paper(PDF, 543KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 5 February 2018 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the draft Particular Provision of the Victoria Planning Provisions proposed by the Residential Aged Care Facilities reform.

The reform was initiated by the Minister for Planning with the view of creating a more streamlined approach to developing residential aged care facilities to meet existing and future demand from an ageing population and allow older people to age in their local community.

Read Council's submission on the Residential Aged Care Facilities Reform(PDF, 109KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Planning Services Committee meeting on Monday, 20 November 2017 to make a submission to the Department of Environment, Land, Water and Planning (DELWP) on the Reforming the Victoria Planning Provisions Discussion Paper.

The Victoria Planning Provisions (VPP) are the planning policies and controls upon which all land use planning decisions are made. Cumulative amendments to the VPP and local planning schemes over the past 20 years have led to increasingly long and complex planning schemes resulting in complexity, duplication, delays and uncertainty. The Victorian Government, through its Smart Planning Program launched in July 2016, is simplifying and improving the operation of the planning system to make it the most efficient and responsive in the country.

On 16 October 2017, DELWP released a discussion paper on the proposed changes to the structure and operation of the VPP. The proposed changes include:

• restructuring and redrafting provisions;
• widening the opportunity to use the VicSmart assessment pathway for simple applications;
• reviewing and rationalising planning permit triggers;
• reviewing and increasing permit exemptions; and
• removing superfluous provisions.

Read Council's submission on Reforming the Victoria Planning Provisions(PDF, 620KB).

Mornington Peninsula Shire Council (MPSC) resolved at the Ordinary Council meeting on Wednesday, 8 November 2017 to make a submission to the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) on the proposed changes to planning controls for animal industries contained in the Planning for Sustainable Animal Industries Report released by the Minister for Agriculture and Minister for Planning.

The proposed changes, which are part of the Victorian Government’s cross-departmental response to the Animal Industries Advisory Committee’s Final Report under the Planning for Sustainable Animal Industries Reform, seek to better support the establishment and expansion of productive, competitive and market-responsive animal industries in Victoria, whilst balancing environmental outcomes and community expectations.

Read Council's submission on the Planning for Sustainable Animal Industries Reform(PDF, 158KB).