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View Current Planning Scheme MORNINGTON SHIRE PLANNING SCHEME PLANNING SCHEME Citation and commencement This planning scheme may be cited as Mornington Shire Planning Scheme. A notice was published in the Government Gazette No. 72 on 11 April 2014, for the planning scheme for the Shire of Mornington. The commencement date for the planning scheme was 17 April 2014. Amendments to the planning scheme are included at Appendix 2. i Mornington Shire Planning Scheme Community statement The planning scheme acknowledges the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples, the traditional custodians of the land in the Mornington Shire Council area. The customs and traditions of these people have nurtured and managed the land and will continue to do so. The planning scheme pays respect to elders’ past and present of the Lardil, Yangkaal, Gangalidda and Kaiadilt Peoples. In making planning decisions for Mornington Shire it will be remembered that the land is and always will be traditional Aboriginal land with which Aboriginal people have a special cultural relationship. The planning scheme is a living document This planning scheme is the first planning scheme for Mornington Shire. It should be seen as a living document that builds upon the existing knowledge, practices, and responsibilities of caring for the country and the planning work that has already been done. This planning scheme reflects current local and State government policy. The real effect of the planning scheme is when new development occurs. As things change, the planning scheme needs to be reviewed and updated to reflect: • new development; • changes in the amount of land available for development; • changes in Council’s planning policy; • changes in State and Federal government; and policy. Fundamentals of the planning scheme When developing in Mornington Shire, the following fundamental issues should be considered and recognised: • all development in Mornington Shire concerns the community as change on the islands affects and forms part of the identity of the community. • holding tenure over land in the Mornington Shire brings with it the expectation of contributing to the local community. • all development must be undertaken in accordance with the duty of care, as required by the Aboriginal Cultural Heritage Act 2003. Under the Planning Act 2016, Council’s decision-making process about development must be accountable, effective and efficient; delivering sustainable outcomes by managing the effects of development on the environment and coordinating and integrating with planning at all regulatory levels. All decisions must also be made within the application of the precautionary principle. In applying these mandatory requirements through the planning scheme, Council will seek to ensure that development contributes to real and ongoing benefits for the community. This means that a key outcome for Council of all future development will be the delivery of long- term benefits to the community. Editor’s note—the community statement is extrinsic material to the planning scheme. ii Mornington Shire Planning Scheme Citation and commencement ......................................................................... i Community statement ................................................................................... ii Contents ........................................................................................................ iii Part 1 About the planning scheme ............................................................. 1 1.1 Introduction ............................................................................................ 1 1.2 Planning scheme components ............................................................... 4 1.3 Interpretation .......................................................................................... 4 1.4 Categories of development .................................................................... 5 1.5 Hierarchy of assessment benchmarks ................................................... 6 1.6 Building work regulated under the planning scheme.............................. 6 1.7 Local government administrative matters ............................................... 6 Part 2 State planning provisions ................................................................ 7 2.1 State planning policy .............................................................................. 7 2.2 Regulated requirements ......................................................................... 7 Part 3 Strategic framework ......................................................................... 8 3.1 Preliminary ............................................................................................. 8 3.2 Strategic intent ....................................................................................... 8 3.3 Settlement and Housing ....................................................................... 10 3.4 Community and Culture ........................................................................ 14 3.5 Environment and Natural Resources ................................................... 16 3.6 Economic Development ....................................................................... 20 3.7 Infrastructure and Transport ................................................................. 22 Part 4 Local government infrastructure plan .......................................... 25 4.1 Preliminary ........................................................................................... 25 4.2 Planning assumptions .......................................................................... 25 4.3 Priority infrastructure area .................................................................... 27 4.4 Desired standards of service ................................................................ 27 4.5 Plans for trunk infrastructure ................................................................ 29 Part 5 Tables of assessment ..................................................................... 33 5.1 Preliminary ........................................................................................... 31 5.2 Reading the tables ............................................................................... 31 5.3 Categories of development and assessment ....................................... 31 5.4 Levels of assessment – Material change of use .................................. 34 5.5 Levels of assessment – Reconfiguring a lot ......................................... 38 5.6 Levels of assessment – Building work ................................................. 38 5.7 Levels of assessment – Operational work............................................ 40 5.8 Levels of assessment – Overlays ....................................................... .41 Part 6 Zones ............................................................................................... 43 6.1 Preliminary ........................................................................................... 43 6.2 Zone codes .......................................................................................... 43 Part 7 Overlays ........................................................................................... 74 7.1 Preliminary ........................................................................................... 74 7.2 Overlay codes ...................................................................................... 74 Part 8 Development codes ........................................................................ 91 8.1 Preliminary ........................................................................................... 91 8.2 Other development codes .................................................................... 91 Schedule 1 Definitions ...................................................................... ..99 SC1.1 Use definitions .................................................................................... 102 SC1.2 Administrative definitions .................................................................... 116 Mornington Shire Planning Scheme iii Mornington Shire Planning Scheme Schedule 2 Mapping .......................................................................... 123 SC2.1 Map index ........................................................................................... 123 Schedule 3 LGIP Mapping and supporting information ...................147 Schedule 4 Notations required under the Planning Act 2016 150 Schedule 5 Native Title Determination Areas .................................. 151 Schedule 6 Register of places and items of cultural heritage significance 155 Appendix 1 Index and glossary of abbreviations and acronyms .. 156 Appendix 2 Table of amendments .................................................... 157 Mornington Shire Planning Scheme iv PART 01 01 ABOUT THE PLANNING SCHEME Part 1 About the planning scheme 1.1 Introduction (1) The Mornington Shire Planning Scheme (planning scheme) has been prepared in accordance with the Sustainable Planning Act 2009 (the SP Act) as a framework for managing development in a way that advances the purpose of the SP Act. (2) The planning scheme was amended for alignment with the Planning Act 2016 (the Act) by the Minister’s rules under section 293 of the Act on <insert date the alignment amendment was adopted>. (3) In seeking to achieve this purpose, the planning scheme sets out Mornington Shire Council’s intention for the future development in the planning scheme area, over the next 10 years. (4) While the planning
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