But Mayor Amanda Findley said the CEO set the meeting for Thursday April 22 at 3.30pm because he had not been able to get the council's lawyer to brief council any sooner.

The Hogans, whose Budgong property survived the Currowan fires, have been enduring a costly legal dispute with Shoalhaven City council since May 2019, when they were issued a stop-use order for their house.

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However, according to their lawyer Michael McMahon, a former assistant registrar of the Land and Environment Court and planning law specialist, the dwelling did not require approval when it was constructed 45 years ago because planning consent was not required under an Interim Development Order.

Under the Local Government Act, a requisitioned meeting must be scheduled within 14 days. Thursday April 22 was the 14th day.

The mayor said it was important that councillors be briefed by the lawyer before they make a decision on the Hogan issue.

"He's actually the one who requishioned the meeting. If he doesn't like the meeting date, he can actually withdraw his application for the meeting and ask for the CEO to set it at another time," she said.

The extraordinary meeting was requisitioned by Cr Guile with support from Cr John Wells and Cr Patricia White in order to direct staff of council to "be more reasonable and negotiate a proper settlement with this family".

Cr Guile said the normal policy is for the mayor, in consultation with the CEO, to schedule meetings at 5pm.

The Mayor said she does not set the meetings and it is the CEO who does.

A spokesperson from Shoalhaven council said it is not unusual that Extra Ordinary Meetings are held before 5pm or on days other than Tuesday.

"Every effort is made to find a time when as many Councilors as possible can attend to ensure a quorum is reached, as is usual process. The matter on the agenda this week is considered to be time sensitive," said the spokesperson.

However, Cr Guile believed it was brought forward because of the Greens' 5pm campaign launch.

"Which doesn't suit anyone apart from themselves no doubt," he said.

"If the Greens hold this meeting with their people, they will support the sort of compliance action against the Hogans that council have been taking, whereas others of us are not of the mind to support that."

He said council, through its staff, and through their stalling legal strategy is persecuting this family.

Mayor Findley said Cr Guile's assertion was "fanciful".

She said she cannot yet respond to the issue at hand because Cr Guile has never discussed it with her or circulated a motion.

The Shoalhaven council spokesperson said council has the utmost empathy for residents impacted by the recent bushfire and flood events across the region and they are working to support the trauma residents as well as prioritising future bushfire safety.

And in regards to the Hogans, "council acknowledges that orders have been issued on an unapproved structure, with safety a critical concern. We are committed to working collaboratively with the landowner and their legal team to resolve the matter, which is currently before the Land and Environmental Court," said the spokesperson.