Council's Carss Park pool demolition decision found to be 'illegal'

The decision was made at its February 22, 2021 meeting after councillor Warren Tegg raised a notice of motion to 'undertake the immediate demolition of the Kogarah War Memorial Pool complex upon receipt of the appropriate development consent' from the Sydney South Planning Panel.

At the time Georges River councillors Vince Badalati and Con Hindi raised concerns about the legality of the decision.

Cr Badalati raised a point of order at the meeting noting that he did not think the notice of motion was legal.

Councillor Hindi added he had sought legal advice about the matter.

"I don't think this notice of motion is lawful...three months have not passed since the last decision on it," Cr Hindi said.

"The motion earlier (October 20, 2020) could not be dealt with until after the 23rd of November decision. That's when the motion become a resolution of council not October 22nd...when the council voted on the 23rd of November that made it clear...therefore today's date is out by one day."

Back in October the council voted to conduct feasibility studies on potential locations for an aquatic centre at Todd Park or the original Carss Park site.

However on November 23 there was a notice to rescind the motion, which failed.

Under the Local Government Act 1993 it states, "if a motion to alter or rescind a resolution has been negatived, or if a motion which has the same effect as a previously negatived motion, is negatived, no similar motion may be brought forward within 3 months. This subsection may not be evaded by substituting a motion differently worded, but in principle the same."

Georges River Council provided a statement to the Leader which read: "Council has received advice that the notice of motion considered by council on February 22, 2021 could not have been considered until February 23, 2021 and the advice recommends that a further motion, in similar terms to the February motion, should be brought before the council without delay due to the council's significant civil liability risks."

Cr Hindi said he had numerous residents contact him to clarify the legality of the motion.

He said it was surprising that the motion had been put on the agenda for the meeting without first clarifying its legality.

"Council has obtained legal advice which clearly says that motion is unlawful and a new motion should be placed on agenda," he said.

"(Georges River mayor) Kevin Greene said on the night that he had obtained legal advice and that the motion is lawful, I am now challenging him to produce the legal advice that he had relied upon in making his determination."

Georges River mayor Kevin Greene said the motion was legal during the February 22 meeting.

"As far as I am concerned making the determination tonight, it is legal because the determination was taken in October," he said at the meeting.

"It was not successfully rescinded, you are correct, nothing could happen until that time but at the same time the decision made in October was valid because it was not overturned."