Saturday, April 16, 2011

Noise triggers legal bid to down jet fighter

Noise triggers legal bid to down jet fighter


A Canberra law firm plans to shoot down the revolutionary Joint Strike Fighter long before it becomes operational with the RAAF -- over claims the stealthy jet will be too noisy.
The F-35 Lightning II Joint Strike Fighter is a revolutionary, multi-role jet packed with sophisticated radar and other electronics -- and, according to the RAAF, it is also very loud.
Details of just how noisy the jet is likely to be emerged when Carol Moxey, a resident of Port Stephens, in NSW, went to Port Stephens Council wanting to rezone a large block of land so housing could be built on it.
Ms Moxey was stunned when the RAAF opposed her application on the basis that the area lay on the flightpath of RAAF Base Williamtown and future residents could be adversely affected by the noise the JSF would make.
Steven Gavagna, of the law firm Goodman Law, has gone to the High Court with a class action on behalf of Ms Moxey and other residents whose building applications have been blocked after the RAAF's intervention.
Mr Gavagna told The Australian that according to the RAAF's data, the JSF was likely to be 2 1/2 times noisier than the RAAF's Super Hornet fighter-bombers now operating from Williamtown. That would be loud enough to deafen anyone close to the aircraft, he said.
In court jargon, that makes the aircraft an "apprehended nuisance".
"We have filed a writ of summons in the High Court of Australia seeking an injunction to prevent the JSF from flying over Mrs Moxey's land," Mr Gavagna said.
He said more than 40 other residents had contacted his firm regarding the class action.
"We are informed that there are approximately 4870 landholders that might be affected by the impending JSF."
Mr Gavagna said they included those with land they were developing or wished to develop in future; those with residential land that might be affected by the excessive noise levels of the JSF and those who experienced damage arising from increased noise levels from increases in flight frequency over existing homes.
"There may be other classes emerging that have not been canvassed. For example, the effect on small business, schools and childcare facilities," Mr Gavagna said.
For the technical experts, Mr Gavagna said the RAAF suggested the JSF would emit approximately 96 decibels.



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