Wollongong and Shellharbour residents will be left in council merger limbo until well into the new year, with the latest legal fight against the NSW government’s plan not due before the court until later this year.
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The Mercury can confirm Shellharbour City Council’s appeal of the NSW Land and Environment Court’s decision, to throw out its initial challenge, won’t be heard until November 23.
The first directions hearing – which falls after the November 12 Wollongong byelection – also muddies the waters somewhat for Wollongong lord mayor and byelection hopeful Gordon Bradbery.
Should Cr Bradbery be successful at the byelection, the Independent would likely have to juggle the roles of Member for Wollongong and the city’s lord mayor until a merger outcome is reached.
Cr Bradbery’s five-year term at the helm of Wollongong council finished at the end of August.
“I’ve been given the opportunity, through circumstances beyond my control, to continue on,” he said.
“I’ll have to review my whole situation after the byelection, inasmuch that I will have to look at the implications in terms of fulfilling both roles.”
Cr Bradbery told the Mercury it was his understanding he could see out his current mayoral term – which continues until the merger outcome is finalised – irrespective of the byelection result.
He could also consider resigning the mayoralty early.
Asked if the drawn-out merger legal challenge process complicated his candidacy for the seat of Wollongong, Cr Bradbery said it did “in lots of ways”.
“Either way ... the point of the exercise, as far as I’m concerned, is not that I need a job but I’m here to serve the community,” he said.
“I’d have to make a decision in the best interests of the people of Wollongong and also those who elect me to the seat of Wollongong.”
More generally, the lord mayor said the ongoing uncertainty had left his council’s operations in limbo.
“We need a continual process of putting new things in train and everything is on hold,” he said.
“We’re just in a maintenance mode and as far as planning for the future we’ve got some real big limitations.”
Shellharbour’s appeal will be dealt with in the NSW Court of Appeal. A hearing date will be set when both parties agree to proceed.
It is understood a February or March hearing is likely, due to the Christmas-New Year holiday period.
Andrew Pearson
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
Andrew grew up in the western Riverina town of Hay and has strong ties to the region. He is a former DA journo who has a passion for breaking news and has covered everything from council and politics to crime and court.
