Ku-ring-gai Council has won its appeal against an impending merger with Hornsby Council, but the decision will only create ongoing uncertainty for the two councils.
The Court of Appeal ruled this morning that the State Government’s proposed merger was “fundamentally unfair” and that delegate appointed to oversee the decision, Mr Garry West, didn’t fully consider the financial impact the merger would have on the area.
The Court found that Mr West used as a reference a KPMG report that recommended mergers, which was only partially made available by the Government.
As Mr West did not have full access to the report’s findings, his decision was not fully informed, the Court found.
The ruling does not guarantee the Berejiklian Government will drop the merger entirely as it just refers to the merger as proposed in its current form.
Despite this, Mayor of Ku-ring-gai Jennifer Anderson said the court’s decision was vindicating news for her Council.
“The very real concerns of our Council and residents over this merger have been ignored by the government and we feel vindicated by today’s decision.
“This merger should not proceed because Ku-ring-gai ratepayers will be robbed of the means to decide how and where our rates are spent – and of any real say in how our local area is managed.”
The mayor said the Council would continue to meet with the State Government to urge them not to proceed with a merger in any form.
“We believe the court’s decision signals a turning point for Premier Berejiklian’s government. If they continue with the merger process they will be flying in the face of our community and the court,” said the Mayor.
Russell Aubrey, Mayor of Hornsby Shire Council, expressed his disappointment in the decision and said his Council would be advocating for a merger with varied geographic parameters.
“Perhaps now is the time for the NSW Government to revisit our proposal of one Upper North Shore Council, which includes all of the Epping CBD and parts of Ryde.
“That would be a valuable step in the right direction if they are truly committed to the local government reform this state needs.”
