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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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McDonalds have recently built and operate a 24 hr 7 day a week

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McDonalds have recently built and operate a 24 hr 7 day a week restaurant in Haberfield which buts directly onto existing homes. One ongoing issue which McDonalds has refused to solve is the offensive odour which they generate. Is there any action that can be taken to enforce McDonalds to control their odour. Our local council has been completely ineffective so far.
As land owner or tenant of residential premises you are entitled to the 'quiet enjoyment of your property' and can take legal action against anyone who interferes with that quiet enjoyment. This including a neighbouring property owner/occupier who is affecting your property with obnoxious odours.

Although you were correct to raise the issue with council first, if council refuses or is unable to assist you then taking direct legal action is really your only option. If you succeed in your claim, the court can make compensation orders and or issue an injunction requiring the offending conduct cease.

Because claims of this sort are legally complex, you will need to engage a lawyer to prepare and represent you in such a claim.

In the meantime I would recommend you keep a diary to record the occasions of any infringements and the times at which they occur, and it would also assist if you could get the support of other affected neighbours and get them to sign off off on your 'diary' in relation to each offence as this should help you prove your case.

If you need assistance locating a suitable lawyer, contact the Law Society of NSW as they can refer you to suitable lawyers in your area.

I trust the above assists.

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Thank you and good luck.

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