Mornington Peninsula Shire wants to remove about 27,000 properties from interim landslide planning controls introduced earlier this year.
Councillors endorsed proposed changes to the Mornington Peninsula landslide overlay at their meeting on Tuesday, 11 August.
The proposed Amendment C314morn would reduce the number of properties covered by Erosion Management Overlay Schedule 7, known as EMO7, from approximately 33,000 to 6,000.
However, the current overlay remains in force. Planning Minister Sonya Kilkenny must approve the amendment before the changes can take effect.
Why Was the Mornington Peninsula Landslide Overlay Introduced?
The Victorian Government introduced EMO7 in January through Amendment C312morn.
The government acted after the Board of Inquiry into the January 2025 McCrae landslide recommended urgent interim planning controls.
EMO7 applies additional planning requirements to land identified as susceptible to landslides. The overlay aims to ensure new developments address potential risks through the planning permit process.
The original mapping relied on a 2012 landslide susceptibility assessment. The Shire said this remained the best information available when the interim controls were introduced.
However, some landowners raised concerns after the overlay captured properties they considered flat or at minimal risk.
The Shire later acknowledged that the mapping had identified minor earthworks, retaining walls and small localised slopes in some areas.
Updated Mapping Removes Lower-Risk Areas
Geotechnical experts reviewed the mapping using current LiDAR data, field inspections and other technical information.
LiDAR technology produces detailed three-dimensional measurements of the landscape. This allowed experts to identify potentially vulnerable slopes more accurately.
Experts also inspected areas in McCrae, Red Hill, Rye, Blairgowrie, Mount Eliza, Mount Martha and Portsea.
As a result, the proposed mapping removes areas where minor artificial earthworks or small slopes present minimal landslide risk.
Residents can compare the current and proposed controls through the Shire’s online EMO mapping tool.
About 360 Properties Could Be Added to EMO7
Although Amendment C314morn would remove thousands of properties, it would add approximately 360 properties to EMO7.
According to the Shire, these areas generally include buffer zones at the top and bottom of natural slopes. Development in those locations could increase landslide risks if owners do not manage it carefully.
The revised mapping may also change where EMO7 applies within individual properties.
Amendment Would Reduce Planning Requirements
Amendment C314morn would introduce more exemptions for certain buildings, extensions, earthworks, fences and vegetation removal.
In addition, some landowners with an existing building permit could proceed without obtaining another planning permit under EMO7.
The Shire said it would waive application and enquiry fees in some cases. This would apply where EMO7 provides the only permit trigger and the site clearly requires no geotechnical assessment or landslide-related permit conditions.
Properties removed from EMO7 would return to the usual planning process. However, other planning controls may still apply.
Planning Minister Must Approve the Changes
Council has asked the Planning Minister to fast-track Amendment C314morn. The Shire expects a decision by the end of 2026.
Property owners cannot formally object before the minister considers this interim amendment. However, residents can provide feedback to the Shire for its permanent landslide planning review.
The current Mornington Peninsula landslide overlay will continue to apply until the minister approves and gazettes the amendment.
Council said it would notify affected property owners after the minister makes a decision.
Meanwhile, the Shire has appointed a consultant to complete a comprehensive landslide susceptibility study across the municipality.
The study and permanent planning amendment process could take between two and four years. That process will include public exhibition before permanent controls replace EMO7.
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