THE Victorian planning tribunal has ruled against a 25-metre-tall NBN phone tower on the top of Mount Camel, near Toolleen, on grounds of visual impact and potential Aboriginal cultural significance.
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Campaspe Shire Council granted a permit for the tower in March 2013 in the face of objections from nearby residents and agricultural business owners.
Having considered objections, VCAT has refused to grant a permit.
In its conclusion, VCAT ruled the tower was not acceptable on visual amenity grounds.
"Amenity considerations are only one of the relevant matters under the telecommunications facilities provisions of the sceme," VCAT's conclusion stated.
In its ruling, VCAT found Mount Camel could be considered an area of Aboriginal heritage significance because it is a "Greenstone outcrop area".
During the permit application, the Taungurung Clans Aboriginal Corporation told Campaspe Shire the mountain had "intangible cultural heritage values" based on traditional and ongoing stories.
These values may include historical, social or spiritual significance.
The corporation was unable to prepare a cultural values assessment for those values at Mount Camel.
VCAT's summary said it was not assisted by NBN Co's expert choosing not to contact the Taungurung Clans Aboriginal Coroporation to ask about possible intangible values prior to providing evidence at the hearing.
VCAT concluded the issue demonstrated the important role Aboriginal parties have in assisting decision making on possible intangible cultural heritage.
