of a town centre office block.

Appeals against the Environment Minister in property cases can include all parties from previous hearings, ruled Chief Justice the Hon. Mr. Justice Ward.

The Chief Justice was dealing with a preliminary matter relating to Scarborough Property Holdings' application to extend the ACE building on Woodbourne Avenue in Hamilton.

Scarborough applied for permission for the extension to the Development Applications Board in November, 1992. This was refused following an objection from neighbour, Mr. Alfred Barber, in March, 1993.

But the company appealed to the Minister who overturned the decision, and gave permission for the development.

Mr. Barber then appealed to the Supreme Court and Scarborough has asked if it could be heard in the appeal because it was "vitally interested.'' The Chief Justice said: "The question is whether all parties who have a right of appeal to the Minister also have the right of appearing in the event there is a further appeal to the Supreme Court, or whether the parties are limited to the appellant (the aggrieved party) and the respondent (the Minister).

He referred to rules under the Development and Planning Act 1974 which say that every objector has the right to be heard on any appeal before the Minister.

The Chief Justice said: "The question arises whether a person who has been heard before the Minister can properly be excluded on any further appeal to the Supreme Court.

"The research of counsel have not revealed any statutory provision whereby Scarborough can claim a right to be heard.

"But Scarborough has a vital interest in the result of the appeal and should not have to rely on counsel other than its own to makes its views known on the points of law raised in the appeal.

"Scarborough is the person aggrieved in that it may be injuriously affected in its property rights by the result of the appeal.

"It is not merely busybody interfering in things that do not concern itself.

It cannot be properly excluded.'' He ordered that the company be added to the Minister of the Environment as a second respondent in the appeal, expected to take place in the near future.