A Rosebud household that subjected neighbours to months of extreme overnight noise has been ordered by the court to cease the disruptive behaviour, following legal action by Mornington Peninsula Shire Council.
The case marks the Shire’s first successful court outcome under the Environment Protection Act 2017 for unreasonable residential noise.
According to Council, the offender — the son of the property owner — repeatedly played loud music late into the night, often continuing until 5am. Despite multiple warnings and intervention by Victoria Police, the disturbance persisted over several months.
Council officers launched an investigation after receiving complaints from local residents. This included the collection of noise diaries from affected neighbours and a seven-day sound level monitoring exercise. The data confirmed the complaints and showed that the noise was excessive and unreasonable.
In a decision handed down this week, the Magistrates’ Court ordered the individual responsible to pay $2,000 and granted an injunction requiring the behaviour to stop.
Mayor Anthony Marsh said Council had exhausted all other avenues before turning to the courts.
“This wasn’t a one-off event — this problem was ongoing for months,” Cr Marsh said. “We tried to resolve the matter outside of court by reaching out to the owner and even engaging police, to no avail.”
“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.”
The case sets a precedent for how serious and ongoing noise complaints can be handled under current legislation. Council encourages residents experiencing similar disturbances to maintain records and seek advice about reporting noise complaints.
More information about noise and residential amenity laws is available on the Mornington Peninsula Shire website.
