Councillors voted to approach the business to resolve the issue at last week's ordinary meeting.

The owner of the Station Guest House, which abuts 21 Raglan St, complained of overnight noise coming from garbage and recycling trucks parked at the property and wanted council to take action on the grounds that the use

right was being broken.

In August 2002, the Victorian Civil and Administrative Tribunal determined that an existing use right was in place to allow two trucks to be parked at the site overnight.

Council investigated the complaints and obtained legal advice, which suggested council could be unsuccessful and be forced to pay legal costs.

However councillor Bill McClenaghan raised concerns over whether the land owner was breaching existing use rights.

"Nowhere on the VCAT document does it say two garbage trucks can park on the nature strip every day of every week of the year," he said.

Cr McClenaghan said the owner of the hotel was concerned the property was being used as a transport depot and wanted council to take legal action.

However, Cr Heather Mutimer said she was opposed to legal action from council because council's solicitors had said the case was unwinnable.

A further report will be presented to council following negotiations with the owner of 21 Raglan St.