Introduction

Planning Scheme Amendment C271morn proposes changes to planning controls affecting coastal and inland areas around Western Port Bay and the coastline bordering Bass Strait. The changes are based on recommendations from Council’s adopted Western Port Coastal Villages & Surrounding Settlements Strategy (2019).

The Amendment:

  • Introduces a new Schedule 6 to the Erosion Management Overlay (EMO6), applies it to areas identified as an ‘erosion hazard’ and amends the application of the existing Schedule 4 and 5 to the Erosion Management Overlay (EMO4 and EMO5).
  • Amends the existing Schedule 2 to the Significant Landscape Overlay (SLO2) and applies it to areas identified as ‘foreshore’ land in Balnarring, Crib Point, Bittern and Hastings.
  • Introduces a new Schedule 2 to the Land Subject to Inundation Overlay (LSIO2) and applies it to land along Western Port Bay.
  • Introduces new Schedules 54, 55, 56 and 57 to the Design and Development Overlay (DDO54, 55, 56 and 57) and applies it to the townships of Balnarring, Bittern, Red Hill and Tyabb.
  • Introduces new Schedule 59 to the Design and Development Overlay (DDO59) and applies it to the industrial areas of Hastings, Tyabb and Balnarring.
  • Introduces new Schedule 60 to the Design and Development Overlay (DDO60) and applies it to the Industrial 3 Zone land located on Disney Street, Bittern.
  • Introduces new Schedule 61 to the Design and Development Overlay (DDO61) and applies it to the Tyabb and Hastings Business Parks.
  • Updates Schedules 14 and 15 to the Design and Development Overlay (DDO 14 and DDO15).
  • Deletes Schedule 4 – Balnarring Town Centre Development Plan to the Development Plan Overlay (DPO4) from the Planning Scheme.
  • Removes Schedule 2 to the Design and Development Overlay (DDO2) from Commercial 1 and 2 Zoned land in Balnarring.
  • Amends the Schedule to Clause 72.03 – what does this planning scheme consist of?
  • Amends the Schedule to Clause 72.08 – Background Documents

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See how the amendments affects your property.

Amendment C271morn proposes changes to planning controls affecting coastal and inland areas around Westernport Bay and Bass Strait to ensure that future development:

  • respects local township character (in industrial and commercial areas), and
  • responds to erosion and inundation hazards from predicted sea level rise.

The amendment applies to land in Hastings, Tyabb, Bittern, Crib Point, Balnarring and Balnarring Beach, Flinders, Red Hill and Red Hill South, Somers, Merricks and Merricks Beach, Point Leo, Shoreham, and Cape Schanck through to Portsea.

The amendment is needed to implement recommendations from Council’s adopted Western Port Coastal Villages & Surrounding Settlements Strategy (Ethos Urban, 2019) (the ‘Strategy’).

The Strategy aims to address inundation and erosion hazards along Westernport Bay and Bass Strait caused by predicted sea level rise, whilst protecting and enhancing sensitive foreshore areas and local township character. The Strategy is based on:

  • the vision, framework plans and design objectives developed for each township in consultation with local communities.

In summary, the amendment proposes to make the following key changes:

  • apply new Erosion Management Overlay – Schedule 6 (EMO6) to identify coastal areas vulnerable to erosion and consequently update where existing EMO4 and EMO5 apply
  • introduce new schedules to the Land Subject to Inundation Overlay (LSIO) which already applies to coastal land identified as vulnerable to inundation
  • introduce a new requirement to the EMO and LSIO that planning permit applications must be accompanied by a Coastal Hazard Vulnerability Assessment (CVHA) to ensure that future development responds to sea level rise risks whilst protecting coastal environments and processes
  • exempt public land managers (such as Parks Victoria and the Port of Hastings Development Authority) from planning permit requirements in the EMOs and LSIOs where other legislation addressing sea level rise impacts already applies to their land
  • apply the Significant Landscape Overlay (SLO) to identify significant foreshore areas in Balnarring, Crib Point, Bittern and Hastings and protect these areas from inappropriate development
  • apply various new Design and Development Overlay (DDO) schedules to commercial and industrially zoned land in Hastings, Tyabb, Balnarring, Bittern and Red Hill to ensure that future development ‘fits’ with the preferred character of each township.

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)

The amendment was publicly exhibited from 24 February 2022 until 6 May 2022.

Council received a total of 15 submissions.

You can view all submissions free of charge by:

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

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

Yes. Council decided during the Planning Services Committee meeting on 18 July 2022 to refer submissions to an independent planning panel for review and recommendations. The panel was appointed by the Minister for Planning.

Yes. A Directions Hearing was held on 20 September 2022. A public Panel Hearing was held on 17 October 2022 until Wednesday 19 October 2022.

The panel delivered its report to Council on 15 December 2022.

All panel-related documents including Council’s submission to the panel and the panel’s report can be found in the Document Library.

You will get further updates about the amendment if you:

  • made a written submission to Council during exhibition, or
  • click the ‘follow’ button at the top of this webpage.

What happens next?

Council must consider the findings and recommendations outlined in the Panel Report before deciding whether to:

  • adopt the amendment (with or without changes recommended by the panel)
  • abandon all or part(s) of the amendment

Council will consider the Panel Report and make its decision in early 2023.

If Council adopts the amendment (with or without changes), we will submit the amendment to the Minister for Planning for approval. The Minister’s decision on the amendment can’t be appealed. If the Minister approves the amendment, a notice will appear in the Victorian Government Gazette and the amendment will come into effect.

If Council abandons the amendment, we will notify the Minister, all affected landowners and submitters of Council’s decision and the planning scheme will not be changed.