The Tribunal ruled that [name withheld], a third party joined to the planning appeal, may not present arguments on the abandoned 'odour ground' (ground 2), as cl 7(6) of the TASCAT Act Sch 2 Pt 8 limits a joined party to arguments related to permit conditions or restrictions that have been appealed against by the appellant, and both limbs (a) and (b) must be satisfied conjunctively. The word 'and' between paragraphs (a) and (b) of cl 7(6) is conjunctive, not disjunctive, meaning a joined party cannot raise issues unrelated to the specific permit conditions under appeal, regardless of procedural fairness arguments about party status. The Tribunal left open whether cl 7(6)(b) is confined to extant grounds of appeal or extends to grounds that were previously but are no longer appealed against.
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