Introduction

Planning Scheme Amendment C286morn proposes to apply permanent, mandatory building design controls to the Ocean Beach Road Commercial Precinct in Sorrento to protect and enhance the valued character, heritage, and amenity of the area. The amendment implements key recommendations of Council’s adopted Ocean Beach Road Sorrento Built Form Review (MPS, November 2021).

The amendment applies to land located in the Ocean Beach Road Commercial Precinct shown below. This includes the following properties:

  • 2 to 174 Ocean Beach Road, Sorrento (even numbers)
  • 1 to 163 Ocean Beach Road, Sorrento (odd numbers)
  • 848 Melbourne Road, Sorrento
  • 854 Melbourne Road, Sorrento
  • 3293-3295 Point Nepean Road, Sorrento
  • 21 Constitution Hill Road, Sorrento
  • 19 Constitution Hill Road, Sorrento
  • Lot 1 TP223941 (1-17 Constitution Hill Road, Sorrento)
  • 8 Riley Lane, Sorrento
  • 12 Riley Lane, Sorrento
  • 1 Hayes Avenue, Sorrento
  • 2 Hayes Avenue, Sorrento
  • 56 to 60 Kerferd Avenue, Sorrento
  • 45 to 49 Kerferd Avenue, Sorrento
  • 37 Darling Road, Sorrento


The amendment is required to replace existing building design controls within the Ocean Beach Road Commercial Precinct that are due to expire on 31 July 2023 with permanent new controls based on recommendations from the Ocean Beach Road Sorrento Built Form Review (November 2021).

The purpose of the new controls is to ensure that future development in the precinct will protect and enhance the valued character, heritage, and amenity of Ocean Beach Road into the future.

Importantly, the proposed controls contain objectives and requirements for things like building heights and setbacks that are mandatory – meaning they cannot be varied with a planning permit.

The amendment specifically proposes to:

  • replace existing interim Design and Development Overlay – Schedule 28: Ocean Beach Road Sorrento (DDO28) (see Figure 1) with a new DDO28 (see Figure 2),
  • replace existing Design and Development Overlay – Schedule 10: Ocean Beach Road, Sorrento (DDO10) which currently applies to seven properties on the north-western side of Ocean Beach Road (see Figure 3) with the new DDO28, and
  • remove DDO28 from two properties south of Ocean Beach Road zoned Public Use Zone – Schedule 1 & 6 (shown on the zoning map above) as the Ocean Beach Road Sorrento Built Form Review (November 2021) does not identify the need for mandatory building design controls for this land.

Figure 1: Area of existing interim DDO28

Figure 2: Proposed new DDO28

Figure 3: Existing DDO10




You can inspect all documents relating to the amendment free of charge from Thursday, 28 July 2022 via the ‘Planning documents on exhibition’ webpage on the Department of Environment, Land, Water and Planning’s website.

If you wish to have your say about the amendment, you must do so in writing. Your submission must clearly state:

i. Your name

ii. Your contact details (address and phone number or email)

iii. Your reasons for supporting or opposing the amendment

iv. The changes (if any) that you would like made to the amendment and why they should be made.

Council is specifically interested in any feedback on the built form controls proposed for the East sub precinct of DDO28. To find out about the controls proposed for this area, please refer to the ‘East Sub Precinct Information Sheet’ document in the Document Library at the bottom of this page.

The closing date for submissions is 5pm, Friday, 23 September 2022.

Online submission (preferred): Complete an online submission form.

By email: Download and complete an electronic submission form and email it to:

strategic.admin@mornpen.vic.gov.au
Subject: Amendment C286morn – submission

By post: Send your submission to:

Team Leader, Strategic Planning
Re: Amendment C286morn - submission

Mornington Peninsula Shire
Private Bag 1000
Rosebud VIC 3939

The information you provide is collected by the Shire in accordance with the Shire’s privacy policy and the Privacy and Data Protection Act 2014 for the purpose of considering your submission and notifying you of the opportunity to attend Council meetings and any public hearing held to consider submissions. Your submission will be used and disclosed in the public process of a panel hearing if one is required. Please note that the planning authority must make a copy of every submission available at its office for any person to inspect free of charge for two months after the amendment comes into operation or lapses. Council may also make copies of your submission available on Council’s website and provide copies of this submission to interested parties. Should this occur, personal information will be removed.

Next Steps

Submissions are public documents and Council must consider all submissions received during the exhibition period. If concerns raised in submissions cannot be resolved by making changes to the amendment, Council must decide whether to abandon the amendment or refer all submissions to an independent planning panel. Council may also decide to split the amendment.

At the panel hearing, submitters can present their submissions to the panel in person or be represented by another person. You can read more about planning panels and the panel hearing process via the ‘Guide to planning panels’ webpage on the Department of Environment, Land, Water and Planning’s website.

Council will consider the panel’s report and recommendations before deciding whether to adopt or abandon the amendment. If Council adopts the amendment with or without changes, the amendment is then submitted to the Minister for Planning for consideration and decision. If Council abandons the amendment, the Minister will be informed of Council’s decision.

If you have made a submission, we will update you on the amendment’s progress. If you do not wish to make a submission but would like to receive notification of the amendment’s progress, please click ‘Follow’ on the amendment’s webpage.

The following directions and panel hearing dates have been pre-set as a contingency if Council decides to refer submissions to an independent panel:

i.Directions hearing – to commence in the week of Monday, 6 February 2023

ii.Panel hearing – to commence in the week of Monday, 6 March 2023