ILLEGAL ACT BY THE MOYNE SHIRE LEGALISED BY VCAT
In 2006 ACE radio completed the construction of two radio transmission towers opposite my property in Blighs Rd Purnim, western Victoria. It was established that the construction of the towers was not consistent with the original planning approval.
Moyne Shire Council, without notifying the objector (myself), subsequently issued a verbal amended Planning Permit for the noncompliant towers, that made significant and radical change to the original Planning permit that relocated two 93 Metres high radio masts only a little over 200 hundred metres from my former home and 66 metres from overhead powerlines that act as conductors for radio electromagnetic interference
The impact of these actions have been (1) to deny my lawful right to object to the amended planning approval and (2) to force my family to VACATE and ABANDON my former home because of the noise generated by the towers and increased guy wires and electromagnetic issues that were effecting my heath and communisations.
When the matter went before The Victorian Civil and Administrative Tribunal (VCAT). The following points were completely ignored by VCAT in determining the VCAT order that a retrospective permit be issued.
Moyne Planning Permit was issued under incorrect planning provision and verbally amended “Verbal amendment of a planning permit is not permitted under the Planning and Environment Act 1987. The Act states: “that an amendment must be in writing,” Moyne have no written record.
Once construction was completed an application was made by ACE radio for a permit to correct the deviations from the original planning permit. Technically I could not affectively object to this process making a farce of correct and proper planning procedures.
VCAT have very clearly LEGALISED AN ILLEGAL AND UNLAWFUL ACTION by The Moyne Shire Council and failed to uphold Victorian Planning Legislation.
My local MP, The Premier Dr Napthine, has stated to Moyne Residents and Ratepayers Action Group that VCAT do not have the power to ignore “The Law” but refuses to intervene due to a “separation of power issue” and Governments “not interfering with The Judicial Process”.
I seek people power to partition the Victorian Premier and State Government to have VCAT rehear this matter under points of law or that a fully independent inquiry is conducted.
It is my strong view our community functions in a civilised and orderly manner because the community generally respects the rule of law. When it happens that a judicial body such as VCAT and regulatory authority, The Moyne Shire Council, disregards the rule of law, serious law and order issues arise that can lead ultimately to expose these bodies to incompetence and corruption allegations.
That my home can be placed in a dangerous MICROWAVE situation with no regard to Health or Safety is nonsense and I seek help of people to resolve this situation.
John B Howard
Grassmere South West Victoria
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