Olbia, the Council of State blocks Burger King: appeal from a group of residents accepted
The protest for noise and inconvenience: early closure and stop to the drive-in until further noticePer restare aggiornato entra nel nostro canale Whatsapp
The right to health before economic interest, the Council of State has accepted the appeal of a group of residents presented against the Municipality of Olbia and the companies that manage the Burger King, recently opened in a residential area of Viale Aldo Moro. After months of inconvenience, a complaint to the Municipality and an appeal to the TAR , the Council of State has ruled in favor of the citizens overlooking the famous fast food restaurant.
Having appealed to the administrative court to request the annulment of the municipal acts authorizing the activity, from which «noise pollution, disturbances of public and private peace, intrusive lights and harmful odors» originate, the TAR rejected the precautionary request, reserving the right to investigate the matter further even when the results of the investigations into the noise emissions actually attributable to the restaurant activity, currently being carried out by the Municipality, are known, «the phonometric report produced by the appellants being insufficient».
For the TAR, "in the balancing of interests it is preferable to allow the continuation of the commercial activity". The Council of State overturned the ruling of the regional court, allowing the citizens' reasons to prevail and, pending the decision of the TAR, ordered the closure of the fast food restaurant at 10 pm instead of 11 pm and the suspension of the "drive" takeaway service, also on the basis of the report on noise thresholds, produced by residents, which records higher decibel levels than normal.