Mornington Peninsula guide

What is the 10:30 rule in Mornington Peninsula?

Single-storey timber house with a verandah beside a mown dry-grass clearing at the edge of eucalyptus bushland on a sunny day

The 10/30 rule is a Victorian Government planning exemption, not a Mornington Peninsula rule. It lets owners in a designated Bushfire Prone Area clear any vegetation, including trees, within 10 metres of their house, and other vegetation (not trees) within 30 metres, without a planning permit. People often search for it as the "10:30 rule", but the name is 10/30.

Who can use it

The exemption applies to properties inside a designated Bushfire Prone Area. It covers buildings, including houses, that are used for accommodation and were built or approved before 10 September 2009. If your building went up after that date, you will likely need a permit, so contact the Shire first.

On the Peninsula, the Shire says the exemptions changed on 5 August 2020 and now apply only to land inside a designated Bushfire Prone Area.

What the rule allows

RuleWhere it appliesTreesOther vegetation
10/30Bushfire Prone AreaWithin 10 metres of your houseWithin 30 metres of your house
10/50Bushfire Management OverlayWithin 10 metres of your houseWithin 50 metres of your house

Measure from the house, not from the property boundary.

What the rule does not cover

The CFA states that these rules do not apply everywhere. Even where you need no permit, check with the Shire first, because laws can still protect native vegetation or significant trees.

Many areas of the Peninsula carry planning controls that can trigger a permit before anyone removes, lops or destroys vegetation. The CFA recommends hiring a qualified professional to remove trees.

Why the Shire wants the rule reviewed

On 19 December 2023, Mornington Peninsula Shire Council resolved to ask the Victorian Minister for Planning to work with it on better bushfire planning controls, with the Shire as a pilot test case. The Shire asked for a taskforce to look at Clause 52.12 (Bushfire Protection Exemptions). Its aim is to stop landowners using the 10/30 rule in areas with low to no bushfire risk, or to gain a development advantage.

Only the Minister for Planning can change these state controls. The Shire page does not report any state response, so the rule stands as described above until the state changes it.

How to check your property

  1. Open the Vic Planning map and search your address to see whether you sit in a Bushfire Prone Area or a Bushfire Management Overlay.
  2. Check which zones and overlays also apply.
  3. Call Planning Services on 5950 1010, or use the Shire's myLot tool.
  4. Confirm the date your house was built or approved.

Questions people ask next

Is it the 10:30 rule or the 10/30 rule?

The state rule is called the 10/30 rule. The numbers are metres.

Can I remove trees that stand more than 10 metres from my house?

The exemption covers trees only within 10 metres of the house. For trees further out, check whether you need a permit before you cut.

Has the rule changed on the Peninsula?

The Shire has asked the state to review it. The Shire page reports no outcome.

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