Catchwords:

JUDICIAL REVIEW – class 1 decision of Land and Environment Court – application for review by non-party – procedural unfairness – failure to consider merit of objections – whether duty to consider terminating conciliation conference to allow Court to determine appeal on merits – jurisdictional constraint on power of Court to make agreed orders

ENVIRONMENT AND PLANNING – refusal of development application – class 1 appeal to Land and Environment Court – mandatory conciliation conference – agreement to grant of consent on terms and conditions – Court to make orders to give effect to agreed decision if “one that the Court could have made in the proper exercise of its functions”: Land and Environment Court Act 1979 (NSW), s 34(3) – whether Court required to consider merits of decision