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 'Noisy' radio masts to stay: Howard eyes Supreme Court 

'Noisy' radio masts to stay: Howard eyes Supreme Court

06 Jul, 2009 04:00 AM
PURNIM'S John Howard feels that his democratic rights have been denied after the state's top appeals panel rejected his push to have two radio masts moved away from his home.

The farmer and horse trainer has called on the Moyne Shire Council to resolve the drawn-out dispute over the ACE Radio towers before he takes the matter to the Supreme Court.

He maintains the radio towers have destroyed his quality of life, through unbearable, wind-induced noise which distresses his horses, and interference which results in music blaring down his phone line.

The Victorian Civil and Administrative Tribunal's (VCAT) sitting member Nicholas Hadjigeorgiou has ordered Moyne Shire to issue an amended planning permit for the tower's current position.

Mr Hadjigeorgiou also ordered ACE Radio to monitor noise at the Blighs Road site, test for electromagnetic interference and radiation, baffle lighting and sound-proof its generator hut.

ACE Radio managing director Stephen Everett said the broadcaster was "comfortable" with the finding.

Moyne Shire revealed in March, 2006 that it had made a verbal agreement with ACE Radio, amending its initial planning permit for the towers.

Mr Howard said the variations changed the position, size and configuration of the towers, bringing them closer to his 708-hectare property.

The closest tower to Mr Howard's home is little more than 100 metres away.

Mr Howard said the council had failed to acknowledge its mistake and that it had cost him at least $200,000 in legal fees.

Mr Howard said the council should instruct Moyne Shire's insurers to settle the matter or he would pursue it in the Supreme Court.

Mr Hadjigeorgiou's said three acoustic experts had "not yet experienced the noise at a level where significant impact is generated at the residence".

The conditions which generated the noise levels complained of were, at worst, occurring four per cent of the time and during the day when background noise was also very loud, he said.

Mr Hadjigeorgiou said radiation was well below the relevant standards.

He said the masts contributed some electromagnetic interference to Mr Howard's phone line, which would cost less than $15,000 to fix.

Mr Hadjigeorgiou said the situation could have been avoided with better communication between the parties.

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