In December 2023, Scouts Australia submitted an application to the Victorian Civil and Administrative Tribunal (VCAT) for the Scout Hall in McCracken Avenue, Blackburn South, to be granted existing use rights. Further details of this can be read on our Blackburn South Scouts Hall – background news page. This application was sought by Scouts Australia in response to issues raised by residents in relation to the entitlements of Scouts Australia to use the land for scouting activities.  

The VCAT hearing, in April 2024, was to determine whether the Scouts Association Victoria use of the land at 20 McCracken Avenue is legitimate without historic planning permits. Council was in attendance.

At the hearing (P1521/2023) the Tribunal declared that:

(a)    The whole of the subject land (Lot RES1 on Plan LP33386) is currently being used for each of the following purposes: 

• a Scout hall; 
• a place to conduct Scouting activities; and 
• a performing arts centre. 

(b) The whole of the subject land has been used continuously for each of these purposes between 7 December 2008 to 6 December 2023. 

(c)  An existing use right is established for such purposes under Clause 63.01 of the Whitehorse Planning Scheme on this basis.

The result of the Tribunal’s findings is that the Scout Hall, scouts activities and performing arts centre land uses are in line with Existing Use Rights, as per clause 63 of the Whitehorse Planning Scheme and can therefore continue to operate from 20 McCracken Avenue without further planning permissions. This is a permanent order.

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