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