Recreational Vehicles

FACT FILE

Recreational Vehicles

OVERVIEW

The Mornington Peninsula Shire General Purpose Local Law – Part 3 Section 36 deems it an offence for a person to ride a recreational vehicle on any land except with a Local Law Permit. A recreational vehicle means a motor vehicle, which may be registered or unregistered, that is being used for recreational purposes. This includes motorbikes, trail bikes, mini bikes, three or four wheeled vehicles and the like. It does not apply to vehicles being used for agricultural purposes.
The assessment of a recreational vehicle permit must take into account a range of considerations. The main impact in relation to the use of recreational vehicles is the associated noise which may impact on neighbouring properties. Whilst there are mechanical methods for managing noise, buffer distances are the simplest tool available for minimising the impact. The use of recreational vehicles must be balanced with the uses which occur on adjacent properties. Advertising is required to all surrounding properties which may be affected by the proposal. Weighting will be given to any objections dependant on the level of impact the permitted use would cause.
A plan must be submitted with the application, showing the location of where on the property the vehicle/s is proposed to be ridden. The suitability of the proposed land will be considered as part of the application.

A PERMIT MAY BE GRANTED IF ALL THE FOLLOWING REQUIREMENTS ARE MET:

1.The land is not in a Residential 1 Zone under the Mornington Peninsula Planning Scheme.
2. The land is not vacant.
3. The land size is greater than 10,000m²(10,000m² = 1 hectare / ~4,000m² = 1 acre).
4. The area designated for riding is at least:
i. 100 metres from a neighbouring dwelling or other sensitive use.
ii. 25 metres from a neighbouring fence line.
5. No jumps or ramps have been constructed on the land.
6. The designated area for riding is not environmentally sensitive (e.g. creek lines, remnant native vegetation etc).
7. Emissions other than noise can be appropriately managed on site. Eg dust
8. Riders are residents of the nominated property.
9. The vehicle emits a noise level less than 94dB(a) at one metre to the rear of the exhaust system, where dB(a) is the A-weighted sound pressure level expressed in decibels. Vehicles will be tested to ensure compliance.

IF A PERMIT IS GRANTED IT IS LIKELY TO INCLUDE THE FOLLOWING CONDITIONS:

1. The area designated will be the only permitted area on the nominated property for which the permit will be issued. A plan will be endorsed and form part of the permit.
2. Any number of bikes owned by the occupiers of the land can be nominated on the permit as long as no more than two bikes are ridden at any one time.
3. Riding will be limited to no more than three times a week.
4. No riding on a Sunday.
5. No riding for longer than a 60 minute session in any 24 hour period.
6. On nominated days no riding before 10.30 am or after 6.30 pm.
7. No riding on Total Fire Ban days.
8. Permits will be valid for a 12 month period. Applicants must re-apply after this.
There may be additional conditions placed on a permit in an attempt to achieve a mediated and negotiated outcome.

FURTHER INFORMATION

For more information you can contact the Shire on: 1300 850 600 or 5950 1000 or visit our webpage

Recreational Vehicles 20121024 - EPACS – Obj ID A4333749