Court action brings peace back to local neighbourhood

Published on 05 June 2025

Mornington Peninsula Shire has successfully obtained its first court ruling for unreasonable noise under the Environment Protection Act 2017. 

The case involved a residential property in Rosebud where the owner's son regularly played music at extreme volumes through the night, often continuing until 5am. This behaviour occurred over several months and had a significant negative impact on neighbours’ health and wellbeing.   

After receiving complaints from neighbours, we undertook a thorough investigation. This included collecting noise diaries from affected residents and the use of a sound level meter over a seven-day period. The investigation verified neighbours’ concerns and found that the noise was unreasonable.

Despite multiple attempts to resolve the problem, including issuing compliance notices and direct engagement by Victoria Police, the noise continued, prompting the Shire to seek an injunction through the courts. The offender was ordered to pay $2,000. 

Read more about residential noise and the law.

Quotes attributable to Mayor Councillor Anthony Marsh:  

“Council takes a stand against unreasonable noise.  

“All residents deserve to feel comfortable in their homes. Noise pollution, like we’ve seen in this case, is detrimental to people’s health and wellbeing.  

“This wasn’t a one-off event, this problem was ongoing for months. We tried to resolve this matter outside of court by reaching out to the owner and even engaging the Police, to no avail.”