The NSW government’s plan to press ahead with a forced Wollongong and Shellharbour council merger has been halted by an eleventh hour legal bid.
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However, a court injunction prompted by legal action from Shellharbour council has not deterred the government from extolling the virtues of an amalgamated council.
On Thursday, after the Land and Environment Court had ordered Local Government Minister Paul Toole not to make any recommendation about the merger, Premier Mike Baird’s office sent a media release containing details including the new council’s name: City of Greater Wollongong.
This was quickly revealed to be a mistake and replaced with a toned down announcement that the minister “supports in principle the creation of a new council for Shellharbour and Wollongong, subject to the decision of the court”.
Shellharbour’s last ditch legal effort to stave off the merger began on Wednesday when media reports revealed the government would “save” Kiama and Shoalhaven but force the amalgamation of the two northern Illawarra councils.
In an urgent hearing granted on Thursday morning, the council’s lawyer told the court that any recommendation about the merger would be “highly inappropriate and may amount a denial of procedural fairness” due to the council’s pending legal action.
At their last meeting, on April 26, Shellharbour councillors unanimously resolved to seek an injunction to prevent the government from continuing with the forced merger until legal proceedings lodged by Woollahra Council were finalised.
The case was lodged on May 6, the council said.
Woollahra, along with a number of other councils which have joined its case, is challenging the way the government is pursuing its reforms and arguing that it failed to conduct a proper public inquiry as required under the Local Government Act.
In court on Thursday, Justice Tim Moore ordered that the government could not make any recommendation to the Governor about the Shellharbour-Wollongong merger until the resolution of the court proceedings and any appeal.
These orders remain be in place until 4.30pm on Friday, with a hearing listed at 1pm. An appeal from the council has the potential to delay a merger decision for weeks.
Shellharbour mayor Marianne Saliba hit out at the government’s apparent disregard for the legal process saying “they are not paying one ounce of attention to the judicial process”.
Mr Toole criticised “self-interested councillors” who he said had “delayed the community’s access to $10 million” which will be awarded to merged councils.