Council first became aware of the Scout Hall in Blackburn South allegedly being used as a rehearsal space for performing arts in April 2023, after receiving a noise complaint from a resident.  

This is a complex planning issue as the Scouts are claiming ‘existing use rights’, which requires further proof under the Whitehorse Planning Scheme. 

Council has diligently and thoroughly investigated this matter and has taken a series of actions within available legislation to respond to the resident’s complaints.  

The matter to determine existing use rights is now before the Victorian Civil and Administrative Tribunal (VCAT).  

Residents also asked VCAT for a temporary order to stop use at the Scout Hall, but  VCAT ‘refused’ to make an Interim Enforcement Order, and as noted by the Tribunal Member it was a ‘difficult decision’ which was not made ‘easily or lightly’. The request for a more permanent order will be considered in a hearing scheduled for July 2024.  

In the meantime, it was also noted by the Tribunal, the Scouts should ensure all noise, traffic and amenity impacts are kept to a minimum until this proceeding is finally resolved. 

See here for a more detailed background. 

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