The Court refused joinder of a neighbouring objector to Class 1 development appeal proceedings under s 8.15(2) of the EPA Act, holding that the issues of heritage impact and view loss the objector sought to raise were already sufficiently addressed by Council's statement of facts and contentions. The Court found that Council's retention of the objector's own view impact expert (Dr Pollard) and the objector's existing opportunities to participate as a non-party at hearing and site inspections meant joinder was unnecessary. The objector's concerns were characterised as relating to the adequacy of evidence rather than a failure to raise the relevant issues, which was insufficient to satisfy the joinder threshold.
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