Tootgarook Wetland is the largest groundwater-dependent ecosystem and freshwater marsh in the region. The Wetland has major ecological significance and supports many wetland flora and fauna species including several of national significance such as the Australasian Bittern. To ensure it is protected and surrounding land uses do not negatively impact on its environmental values, changes to the current planning controls are proposed through Planning Scheme Amendment C227morn.

The amendment proposes to implement the recommendations of the Tootgarook Wetland Management Plan (BMT, 2018) and Extent of Tootgarook Wetland, Mornington Peninsula, Victoria (Biosis, 2019) by introducing and applying a new Schedule 31 to the Environmental Significance Overlay (ESO31) to the newly defined current extent of the Wetland and its buffers.

The existing Schedule 30 to the Environmental Significance Overlay (ESO30), which applies to parts of the Wetland, will be deleted. Parts of Schedules 14, 18 and 19 to the ESO that overlap with the new ESO31 will also be deleted.

The amendment also proposes to rezone several public land parcels to either the Public Conservation and Resource Zone (PCRZ) or Public Use Zone 1 (PUZ1). Overall, the amendment will provide better protection and enhancement of the Wetland’s ecological values.

The amendment applies to:

  • The former landfill site of 113-119 Truemans Road, Capel Sound.
  • Parts of 92 Elizabeth Avenue, Capel Sound.
  • 186 Boneo Road, Capel Sound.
  • 40 Colchester Road, Rosebud.
  • The Drum Drum Alloc Creek section of Hiscock Road, Rosebud.
  • 66 Henry Wilson Drive, Rosebud.
  • 191A-191 Browns Road, Boneo.
  • Land affected by ESO30.
  • Land affected by ESO31.

The amendment is required to give statutory effect to the recommended changes to the current planning zones and overlays that apply to and around the Wetland.

The rezoning, which will only affect public land, is required because most of the existing zones – General Residential Zone, Industrial 3 Zone, Special Use Zone and Green Wedge Zone – primarily support uses that are not compatible with protecting and conserving the Wetland. The new zones – PCRZ and PUZ1 – would help promote land uses and development that are more compatible with the Wetland’s ecological values.

The changes to the planning overlays are required to consolidate the planning controls in the existing schedules to the ESO that affect the Wetland into a single new ESO31, strengthen the consolidated planning controls by removing unnecessary complexities and conflicting controls, and ensure that they apply over the areas where the controls are warranted, i.e. the newly defined current extent of the Wetland and its buffers. These changes will provide greater clarity for both landowners and prospective developers, resulting in better planning decisions and better environmental and development outcomes.

You can view all documents relating to the amendment free of charge via the ‘Browse amendments – C227morn’ webpage on the Department of Environment, Land, Water and Planning’s website.

Viewing of Submissions

Exhibition of the amendment concluded on Friday, 2 July 2021. You can view all submissions below, which have been redacted to protect submitters’ privacy:

Amendment C227morn – submissions

Where can I view Panel-related documents

Council decided during the Planning Services Committee meeting on Tuesday, 5 October 2021 to refer submissions to an independent planning panel for review and recommendations. The Panel conducted a public hearing on Monday, 29 November 2021 and delivered its report to Council on Friday, 7 January 2022. All panel-related documents including Council’s submission to the panel and the panel’s report can be found in the Document Library.

Council Decision

Council has considered the panel’s report and recommendations and decided to adopt the amendment during the Planning Services Committee meeting on Monday, 28 March 2022. You can view the amendment documents in the attachments to the meeting minutes. Council has submitted the amendment to the Minister for Planning for approval.

Ministerial Decision

The Minister for Planning has approved the amendment with changes. Notice of the decision was provided to Council on 19 September 2022.