Nature Strip Landscaping Permit

Do I need a Nature Strip Landscaping Permit?

It is a requirement of the Shire’s Community Amenity Local Law 2022, Works on Council Land or Roads to obtain a permit to landscape Council land and a requirement of the Road Management Act 2004 to obtain written consent of the coordinating road authority. For more information on the Shire’s Community Amenity Local Law 2022 or to access a copy, see Local Law.

Types of landscaping works include:

  • Planting
  • Digging
  • Excavating
  • Ground levelling
  • Tree removal

Why do I need a Nature Strip Landscaping Permit?

The purpose of the permit is to protect public safety, minimise damage to natural and built community assets, maintain access to public utilities and enhance neighbourhood character.

When your application is received, an Authorised Officer will consider the following:

  • Protecting public safety
  • Maintaining driver line-of-sight
  • Providing pedestrian access
  • Maintaining access to Utility services
  • Protecting assets e.g. existing native vegetation, footpath
  • Maintaining functionality of built assets e.g. power poles, traffic signs
  • Preserving the established neighbourhood character

An Authorised Officer will conduct inspections for the duration of the permit to monitor compliance with the permit and any associated conditions, check that public safety is not impacted by the works and to ensure that any damage is repaired and paid for.

Do I need any other Permits or Approvals?

You may need a planning permit to remove vegetation within the road reserve, in addition to the Nature Strip Landscaping Permit to conduct the works. Vegetation can include trees, shrubs and native grasses. For more information, see Do I need a planning permit?

A planning permit is not always required to remove vegetation from within the road reserve, however regardless of whether you need a planning permit or not, a Nature Strip Landscaping Permit will always be required prior to undertaking any vegetation removal or landscaping works in order to obtain consent under the Road Management Act 2004 and Council's Community Amenity Local Law 2022. The two different applications/permit types cover separate legislation and have different decision criteria.

Whether a planning permit is required will depend on the specific planning controls (e.g. overlays, schedules and existing planning permits) that apply to your area and whether any relevant planning permit exemptions apply.

A Traffic Management Plan (TMP) and Memorandum of Authorisation (MOA) application may be required depending on the scope of works. If required, the TMP and MOA must be submitted to and approved by the Mornington Peninsula Shire's Traffic & Transport Team prior to conducting any works. If your works are on a VicRoads Arterial Road, you must also comply with VicRoads/Department of Transport and Planning traffic management requirements. For further information on when a Traffic Management Plan is required, VicRoads requirements, or how to submit your TMP and MOA applications please visit Traffic Management Plans

 What should I consider in my design?

Applications to replace existing lawn with an alternative landscape design will be considered if the proposal contributes to the established neighbourhood character but does not impact on public or driver safety, restrict access for Utility officers or obstruct pedestrian access.

An application to landscape the nature strip will be assessed in accordance with the Shire's Private Works on Nature Strips & Road Reserves Policy, to access a copy see the Policy(PDF, 677KB). A minimum 1.5 metre wide clearance must be provided for pedestrian access. For further information on plants and materials that are not permitted, conditions for planting trees and alternative surface treatments, please see Appendix 1 – Landscaping Guidelines(PDF, 677KB).

Please note: The planting of exotic plant species within the road reserve is generally not supported. We request all plants be of species indigenous to the Mornington Peninsula. See Plants of the Peninsula for more information and to assist with species selection.

Application Process

Step 1.Site Plan

You will need to submit a Site Plan with your application showing the location of:

  • The property frontage and side boundaries
  • Setback distances
  • All existing assets e.g. trees, vegetation, footpaths, drainage pits, power poles, fire hydrants, etc.
  • Landscape design
  • Plant selection list*

*Please note: The planting of exotic plant species within the road reserve is generally not supported. We request all plants be of species indigenous to the Mornington Peninsula. Visit the following page for more information and to assist with species selection: Plants of the Peninsula - Mornington Peninsula Shire (mornpen.vic.gov.au)

The more information you provide with the application, the quicker a decision can be made on your proposal.

Step 2.Submit your Application

Complete and submit your application. You will be required to provide:

  • Property and contractor details
  • Period of works
  • Planning Permit number (if required for vegetation removal)
  • Attach a Site Plan (including the landscape design and plant selection list)
  • For tree removal, a copy of your contractor’s current certificate of public liability (minimum $20,000,000)
  • Pay the relevant application fee ($85 for works less than 8.5m2 or $395 for tree/vegetation removal or works covering an area of greater than 8.5m2)

NOTE: Traffic Management Plans and Memorandum of Authorisation applications (if required) must be submitted via: Traffic Management Plans.

No works can begin until all required permits have been issued, all conditions have been met and the approved Traffic Management Plan has been implemented. If any works begin before this, enforcement action will be taken, which can include issuing notices, suspending works, fines, the possibility of court proceedings and may result in removal of the vehicle crossing.

Apply and Pay Online

Step 3.Preliminary Site Inspection

Once your application is received, an Authorised Officer may need to conduct a site visit to assess the proposal. An Authorised Officer may request additional documentation e.g. an arborist report if the proposal includes tree removal due to the health of the tree. The application may be either approved, approved with conditions or declined.

Step 4.Permit Issued

If the application is approved, a permit will be issued (including any additional conditions that apply) as soon as possible but depending on the complexity of the application e.g. planning and design considerations, it may take up to 20 business days to assess and make a decision on your application.

Step 5.Final Inspection

You are required to notify Council when works are completed. The Authorised Officer will inspect the completed works for:

  • Compliance with the Permit conditions
  • Any damage to Council assets within the road reserve
  • Any public safety issues created by the works

To request an inspection, please complete the online form.

Request an Inspection