Strathfield Council wins partial fight against forced amalgamation

STRATHFIELD Council has won a temporary battle in its fight against forced amalgamations.

L to R: Karen Pensabene and Nella Hall from Save our Strathfield celebrate outside the Land and Enviroment Court. Picture: John Appleyard

STRATHFIELD Council has won a temporary reprieve in its battle against forced amalgamations.

The Land and Environment today found multiple errors in a report prepared by the delegate appointed to the proposed merger of Strathfield, Canada Bay and Burwood councils.

Justice Tim Moore found the delegate “constructively failed” to consider aspects of the Local Government Act that required consideration of community of interest and geographic cohesion in the proposed new council area.

The three councils, however, could still be amalgamated, but the Boundaries Commission would have to submit new sections of reports in favour of the merger.

The court ruled no action to merge the councils until at least September 28.

Justice Moore found no other complaint was well founded to stop the amalgamation proceeding.

Local Government NSW president Keith Rhoades said it was too early to determine if the government would appeal today’s decision.

“The government has to look at this ruling on the validity of the delegate’s report,” Mr Rhoades said.

“They then have to find if they get the delegate to redo the report — which takes time — or they don’t go ahead with it or appeal the decision.

“One thing’s for certain — from decisions being made by the State Government there a lot of unhappy people in NSW.”

Strathfield Labor councillor Daniel Bott said it was another great victory for the council after the judge earlier found there were errors in the delegate’s merger report.

“The Baird government should immediately cease its plans to amalgamate Strathfield Council,” Cr Bott said.

“Once that is done, (Premier Mike) Baird and (local government minister Paul) Toole should resign — the whole state is sick of their antics.”

Independent deputy mayor Andrew Soulos said it was a positive outcome for Strathfield Council.

“I’ll continue to oppose amalgamation, that’s what the residents want,” Cr Soulos said.

Save Our Strathfield’s Nella Hall, who attended the hearing with friend and colleague Karen Pensabene, said she was thrilled about the decision.

“After four years, we are finally here and the judge has finally determined that the report and the process was flawed from the very start,” Ms Hall said.

“During the hearing, the Crown actually conceded there was a flaw in the report and it had to be fixed.”

More to come.