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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Hi, we have just moved into an acerage property. At no time

Customer Question

Hi, we have just moved into an acerage property. At no time during the sale, was it mentioned or noticed that there is a huge private dirt bike track on the neighbouring property (not immediately noticeable due to trees) Every Tom, Dick and Harry can use the track. In fact, I'm sure the owner stores some of their bikes for them. Some of the bikes have the most ear splitting noise emissions, not to mention the fumes. I think from speaking to people that they are moto cross bikes. The track itself is directly facing our property (we are on a hill and their bike track is on a hill with a valley in between) so you can imagine what we have to put up with. Even with our windows and doors closed and the tv on, we can still hear them. We cannot sit outside to enjoy our property. My husband spoke to the owner recently and was told to put a proposal to him. Whilst on the one hand I do not want to stop the neighbours, I cannot tolerate the noise and the fact that any hoon can use the track. Apparently they have had a visit from the police today (not me). I know I have grounds on noise and air pollution (my son has asthma and has been wheezing since we moved here), loss of enjoyment for my family. What about the legal use of the land? Can you develop a dirt bike track on private land without council approval? Also, what about scaring away the wildlife. We live near bushland and we have wallabies here in the mornings?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Evening

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

The issue about the legality of the track is the only thing you can hang your hat on and you will need to look at what the zoning of the neighbouring land is.

In order to do this you have to approach the local council and ask them to provide you with the zoning maps.

Once you have the zoning you then need to get a detailed breakdown on what the zoning permits. If the current use is not permitted on the zoning you may be able to take some action.

Did you have a Solicitor act for you when you purchased the land? Do you think the zoning of your land is the same as the neighbours?

Customer: replied 1 year ago.

Surely zoning isn't the only thing I can rely on? What about noise nuisance, air pollution as mentioned. These may be EPA matters. The noise created by these bikes is horrendous. What about our "enjoyment of our property" which I believe we are entitled to? While it is an acerage property, we are not isolated, lots of neighbours on our street. One of them must have complained to have the police attend the property. We are not out in the sticks. Just an easy 10 mins drive from a heavily populated area and we are in a growth area. I will check the zoning, but I would suspect that it is 'rural residential'.

Expert:  Leon replied 1 year ago.
Good Evening

Nuisance is a separate issue and has nothing to do with council approvals.

If the zoning does not permit the use the council will put a stop to it.

Nuisance is a common law action and you will need to take them to court and show that you have suffered compensatible loss.

The law of nuisance is summarised on the following link.

http://www.legalaid.qld.gov.au/legalinformation/livinginthecommunity/Neighbourhood/Pages/Complaints-noisewatersmellsandfire.aspx

If they are permitted to have this under the zoning, you will not be able to get them to stop the activity.

Let me know what the zoning is and what is permitted.





Customer: replied 1 year ago.

Thanks. I've already looked that link up. I will find out the zoning and go from there.


 

Expert:  Leon replied 1 year ago.
Good Evening

I look forward to hearing from you.

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Deborah Awyzio
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