Planning and Environment Act 1987

MORNINGTON PENINSULA PLANNING SCHEME

AMENDMENT C129

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Minister for Planning, who is the planning authority for this amendment.

The amendment has been made at the request of the Minister for Environment and Climate Change.

Land affected by the amendment.

The amendment applies to land at Portsea comprising the former Quarantine Station and Firing Range as shown on the following map.

What the amendment does.

The amendment:

• Rezones land in a Special Use Zone (Schedule 5) to a Public Park and Recreation Zone (PPRZ). The PPRZ reflects the transfer of land from the Commonwealth to the State of and its management by Parks Victoria. • Rezones land in a Special Use Zone (Schedule 6) to a Public Conservation and Resource Zone (PCRZ). The PCRZ is consistent with the existing Point Nepean National Park. • Includes land in the former Firing Range area in a Public Conservation and Resource Zone. This land is currently identified as “CA” on the planning scheme maps, but the Commonwealth government has transferred the land to the State of Victoria. • Applies the Environmental Significance Overlay (Schedule 24) to the former Firing Range area. This is consistent with the existing Point Nepean National Park. The Environmental Significance Overlay has been applied over Point Nepean National Park previously. • Deletes the Vegetation Protection Overlay (Schedule 3) from applying over the land in a former Special Use Zone 5. This is consistent with the existing Point Nepean National Park. The Vegetation Protection Overlay has not been applied over Point Nepean National Park previously. • Makes the Shire Council the responsible authority for the former Quarantine Station land (SUZ5 and SUZ6). • Makes changes to existing schedules consistent with the above amendments.

Strategic assessment of the amendment

• Why is the amendment required?

The amendment is required to reflect the transfer of Commonwealth land to the State of Victoria and the creation of the Point Nepean National Park and Quarantine Station as an integrated entity. The Point Nepean National Park and Point Nepean Quarantine Station Management Plan 2009 provides strategic policy direction for the use and development of the land.

Point Nepean National Park is located on the Mornington Peninsula, approximately 90 kilometres south of and 2 kilometres west of Portsea. The 470 hectare National Park is managed by Parks Victoria under the National Parks Act 1975 and comprises the fortifications, the Wilsons Folly conservation area, the former Firing Range area, Defence Road and South Channel Fort.

The National Park was created through progressive transfer of former Commonwealth Defence land to the State of Victoria. Most of the transferred land has been placed in the Public Conservation and Resource Zone and Environmental Significance Overlay. The former Firing Range area was transferred but not rezoned. The amendment includes the former Firing Range land in a PCRZ and applies the ESO24 over the land.

The former Point Nepean Quarantine Station is located approximately 4 kilometres west of Portsea. Part of the original Quarantine Station was transferred to the State of Victoria (the adjoining National Park) and the Mornington Peninsula Shire (the adjoining Police Point Shire Park). The final parcel of Commonwealth land at Point Nepean, the 90 hectare

Quarantine Station, was transferred to the State of Victoria on 8 June 2009. The amendment alters the planning provisions for the southern and western part of this land consistent with the existing planning provisions for the National Park.

The remaining Quarantine Station land features approximately 90 buildings and is widely known for its historical significance. The amendment includes this land in a Public Park and Recreation Zone, which reflects the change in land ownership while still allowing for envisaged uses, and retains the existing Environmental Significance Overlay.

The Minister for Planning became the responsible authority under the Planning and Environment Act 1987 in 2004 through the Mornington Peninsula Planning Scheme Amendment C60 which placed “planning provisions” over the Commonwealth land in response to proposed development of the land. Now that the land has been transferred to the State of Victoria, the land is subject to the normal requirements of the Planning and Environment Act 1987. The amendment makes the Mornington Peninsula Shire the responsible authority for planning approvals.

• How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987)

The amendment is consistent with the objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987. The following objectives are particularly relevant to the amendment:

4(1) (a) to provide for the fair, orderly, economic and sustainable use, and development of land. The transfer of land from the Commonwealth to the State of Victoria requires an orderly transfer of planning powers. The amendment maintains the long-term planning objectives for the land while recognising public ownership and management by Parks Victoria.

4(1) (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity. The land supports extensive ecological values including Coastal Moonah Woodland which is listed as a Threatened Community under the Flora and Fauna Guarantee Act 1978. The Point Nepean ecosystem supports eight Ecological Vegetation Classes and provides habitat for national, state and regionally significant flora and fauna species. Geologic and landscape features are also significant and are associated with traditional uses of the land by the Boonwurrung people and, post-contact, as a Quarantine Station and for defence. The Quarantine Station buildings are nationally significant. Ongoing development of the Point Nepean National Park and Point Nepean Quarantine Station in accordance with the zones and overlays will ensure the natural and cultural heritage values of the area are protected and enhanced.

4(1) (c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria. The continuing development of the land will increase opportunities for public access and create additional recreational, environmental, tourism and community benefits. The Management Plan seeks to create a visitor experience linked to the natural and cultural heritage values of the site.

4(1) (d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value. The Management Plan supports the preservation and adaptive reuse of heritage buildings and protection of heritage plantings. The planning scheme provisions recognise the cultural heritage values and sites of scientific archaeological, botanical, geological and zoological significance that are present on the land.

• How does the amendment address the environmental effects and any relevant social and economic effects?

The amendment does not change the strategic directions for the land but it does provide for continuing public management of the park. The Point Nepean National Park and Quarantine Station Management Plan 2009 provides additional strategic direction to manage environmental, cultural, social and economic values while minimising risk.

• Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment is consistent with Ministerial Direction No. 9 – Metropolitan Strategy (Melbourne 2030). This includes:

• Policy 5.7: To rectify gaps in the network of metropolitan open space by creating new parks and ensure major open space corridors are protected and enhanced. The land is part of the Point Nepean National Park and associated public parklands.

• Policy 2.1. Establish an urban growth boundary to set clear limits to metropolitan Melbourne’s outward development. The amendment allows for further development of the land including activities that are compatible with public parkland and adjoining uses. It will not create settlement outside of the urban growth boundary or create pressures for new settlement.

• Policy 2.4 Protect the green wedges of metropolitan Melbourne from inappropriate development. The environmental and social values of the National Park are recognised as part of the Mornington Peninsula Green Wedge. The amendment reinforces the public nature of the land.

• Policy 5.4 Protect heritage places and values. Continued public management of the land provides for conservation of well-recognised indigenous and non-indigenous cultural heritage. The Heritage Overlay through application of HO165 Point Nepean Defence and Quarantine Precinct applies over the site, and the site and beyond is included on the Victorian Heritage Register under the Heritage Act 1995.

• Policy 5.9 Protect coastal and foreshore environments, and improve public access and recreational facilities around Bay and Western Port. Continued public management of the land provides for protection of the coast and will increase visitor opportunities through the creation of new access and facilities.

• Policy 7.7 Protect native habitat and areas of important biodiversity through appropriate land-use planning. Continued public management of the land provides for protection of significant flora and fauna habitats and species.

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

• How does the amendment support or implement the State Planning Policy Framework?

The amendment supports the transfer of the land to the State of Victoria for management as a National Park and associated public parklands. This will in turn support and implement the following State planning policy elements:

• 15.01 Protection of catchments, waterways and groundwater by protecting and enhancing the natural features and attributes of the land. • 15.07 Protection from wildfire through actions to reduce fire risk. • 15.08 Coastal Areas through preservation of important coastal features and infrastructure. • 15.09 Conservation of native flora and fauna through protection and enhancement of significant habitats and species, and native vegetation. • 15.10 Open space by formally extending the National Park system and regional open space. • 15.11 Heritage through protection and adaptive reuse of nationally significant built heritage and through conservation of sites of indigenous cultural heritage. • 17.04 Tourism by creating tourism experiences linked to the natural and cultural features of the site and increasing the attractiveness of Point Nepean as a visitor destination. • 18.09 Water supply, sewerage and drainage, 18.10 Waste management and 18.13 Telecommunications by upgrading onsite services to contemporary standards.

• How does the amendment support or implement the Local Planning Policy Framework?

Ongoing public management of the land will support the following local strategic policies:

• 21.06 Strategic Framework And The Peninsula’s Settlement Pattern as part of an “integrated land use pattern that recognises the regional role and character of the Peninsula” by protecting conservation, environmental and recreational values and maintaining major open space at Point Nepean.

• 21.08 Foreshores and Coastal Areas through protecting and enhancing the “natural ecosystems and landscapes of the coast for the benefit and enjoyment of present and future generations” and coordinating “development of public and private facilities that increases the sustainable social, economic and recreational value of the coast and foreshore to the community.”

• Does the amendment make proper use of the Victoria Planning Provisions?

The amendment makes proper use of the Victoria Planning Provisions by applying zoning provisions that are consistent with the public use and development of land for conservation and parkland purposes. The amendment also makes proper use of site specific provisions to recognise a pre-existing planning proposal.

• How does the amendment address the views of any relevant agency?

The amendment responds to the needs of Parks Victoria as the public land manager. The amendment also provides for consultation with affected agencies in considering use and development proposals. The Mornington Peninsula Shire as the future responsible authority has been consulted and this amendment responds to its views.

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

A small increase is anticipated in the number of planning applications lodged with Mornington Peninsula Shire Council as a result of this amendment.

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following places:

Mornington Peninsula Shire Council: Hastings Office – Marine Parade, Hastings Mornington Office – 2 Queen Street, Mornington Rosebud Office – 90 Besgrove Street, Rosebud.

The amendment can also be inspected free of charge at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.