PURNIM farmer John Howard is on his way to the Supreme Court in his battle against Ace Radio and Moyne Shire Council over the location of radio masts.Mr Howard, who lost a Victorian Civil Administrative Tribunal (VCAT) appeal on the matter, has been granted leave to appeal to the Supreme Court of Victoria.T wo Ace Radio transmission masts on a property opposite Mr Howard's house on Blighs Road were built 126 metres and 58 metres closer to his house than the original planning permit specified. The towers are also 11 metres taller than the original specification and have 15 guy wires instead of eight.Permission to vary the position was given verbally by a Moyne Shire officer.Ace Radio, which owns Coast FM and 882 3YB, and Moyne Shire Council are named as respondents in the case, due to be heard in May.Mr Howard has a document from the Minister for Planning Justin Madden that says: "Changes to a planning permit can not be verbally approved under Victorian planning legislation."The permit was retrospectively amended on June 16 this year, after the towers had been built, following a review by VCAT.Mr Howard said the towers were causing interference with his telephone, fax, computer and radio as well as affecting his animals.The revised siting of the masts put them closer to power lines that connect to Mr Howard's house, which he believed to be a factor in the interference.Independent testing com?missioned by Ace Radio and carried out by EMC Technologies, showed electromagnetic interference was occurring in the house.Mr Howard said his bore pump had blown up twice and an electric fence had been damaged during thunderstorms since the installation of the masts.The report by EMC Technologies said the ground current associated with lightning strikes could affect equipment connected to the mains.Mr Howard wants the towers moved to their originally planned positions or his house and sheds relocated.Moyne Shire has estimated the cost of moving the buildings at $880,000.Mr Howard said the battle had already cost $500,000."I stand to lose the farm over this," Mr Howard said. "I have done nothing wrong and I'm determined to see that the council is held responsible for the action of its officer who gave verbal consent when he had no right to do so."Moyne Shire chief executive Brett Stonestreet declined to comment .By STEVE HYNEShe battle surrounds tlocatedin . TheyMr Howard's specified in that unitpotentially on the matter.