How Harrogate Borough Council responded to a complaint around Cllr Mearns and Gmund Cars

When Anthony Place put his complaint into Harrogate Borough Council, it went to the authority’s monitoring officer, Jennifer Norton, who assessed whether it was something the council would investigate further. 

For councils across the country, including Harrogate Borough Council, the monitoring officer is bound by the code of conduct when it comes to dealing with complaints and its ability to take action against councillors.  

What happened in the case of Cllr Samantha Mearns?

In the case of Cllr Samantha Mearns and the complaint from Anthony Place in June 2019, the borough council felt the councillor was “not engaged in council business” so the rules of the code of conduct did not apply.

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Later that month, the council responded to the complaint regarding Cllr Mearns and said: 

“On this occasion, your complaint is in the context of the alleged misappropriation of customers goods/money by a company in which Samantha Mearns and her husband were directly involved.  

“Samantha Mearns was not engaged on council business when carrying out any activities associated with the company.  

“For this reason, it would not be appropriate for me to refer the matter for investigation under the council’s code of conduct.” 

The council then did not take any further action to investigate the complaint.

It was a similar situation with the case of Ernest Butler

More recently, the Stray Ferret reported on parish Cllr Ernest Butler after racial comments he made on social media regarding a white lives matter protest.

A complaint was made to the borough council about his post, but again said it could not take action. The authority again said the councillor should be engaged in business directly related to the council or constituents for it to breach its code. 

However, these cases do not necessarily always leave the complainant feeling satisfied. 

In the case of Mr Place, he told the Stray Ferret: 

“For the life of me, I cannot see how someone conducts themselves in their private life isn’t relevant to how they conduct themselves in public office.” 

James Street pedestrianisation ‘timely and appropriate’, says council

County council bosses have said a move to temporarily pedestrianise James Street in Harrogate is “timely and appropriate”.

It comes as the county council lent its support for a temporary pedestrianisation of the street, which could be in place as early as next month, but has faced opposition from some businesses and landlords.

Harrogate Borough Council requested the measure for “social distancing and safety purposes”. The move was then backed by Don Mackenzie, executive county councillor for access.

But business owners and landlords on the street, including ex-Leeds United star Danny Mills, have since opposed the decision and described it as “damaging”.

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Now, Cllr Mackenzie has defended the decision and said that the move is an experiment after the borough council requested a full closure.

He said:

“NYCC is aware of the views expressed by some owners of James Street businesses who are opposed to plans to pedestrianise James Street.

“We wish to remind all business owners that, in response to the request from Harrogate Borough Council for full closure of James Street, the county council has indicated that it is willing to introduce as an experiment a temporary closure of a section of the street between 10am and 4.30pm each day.

“Such closures are being supported by the Department of Transport and are proving popular in various parts of the country both with residents and with local businesses. We believe, therefore, that our proposed trial closure is both timely and appropriate.”

Harrogate Borough Council has also been approached for comment, but had not responded at the time of publication.

It comes as Mr Mills wrote to both county council leader, Carl Les, and borough council leader, Richard Cooper, calling for an urgent rethink of the decision.

Mr Mills, who has lived in Harrogate for 20 years and owns four properties on James Street, described the move as “very damaging” and said businesses needed all the help they can get.

Nick Hubbert is the general manager at Hoopers.

Meanwhile, the general manager at Hoopers, Nick Hubbert, also wrote to the borough council regarding pedestrianisation.

Mr Hubbert told the Stray Ferret that he does not believe that the temporary pedestrianisation of James Street will help businesses and said he based that on years of experience.

He added that he is not against pedestrianisation long term, but he does not think that the middle of a pandemic is the right time to change things.

Four homes planned for garage site near Ripon Cathedral

A planning application has been submitted to replace four garages with townhouses in the centre of Ripon.

The garages, to the north of Court Terrace just off Kirkgate, would be demolished so the four two-bedroomed townhouses could be built.

Each of the four homes would have a small courtyard of around 9 square metres to the rear, along with a cobble-set frontage of 13.5 square metres. There would be space for four cars to be parked outside.

An application submitted last year was turned down by Harrogate Borough Council over fears that the area, known for gypsum deposits, was not proven to be stable for development. Although the applicant, Mike Kell, provided a report from an environmental consultancy, the council’s decision notice said:

“The submitted gypsum report and associated declaration form are not considered to comply with Policy NE9 of the emerging local plan by virtue that they do not sufficiently demonstrate that the site can be developed without creating issues of ground instability and the signatory does not meet the definitition of a ‘competent person’ within this policy.”

A new geotechnical report on the site has been submitted with the current application.

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Objections to the original plans for three-storey homes were raised by Historic England, leading the applicant to submit new plans for two-storey homes instead. Planners acknowledged the run-down appearance of the site was out of keeping with the historic surroundings, less than 100m from Ripon Cathedral. Their 2019 report said:

“The design is similar to that of the cottages to the south of the site and is considered to be an improvement on the overall appearance of the local area and would have a positive impact on the character and appearance of the conservation area.”

The new application can be viewed in full on the planning pages of Harrogate Borough Council’s website using reference 20/02809/FUL.

‘Double devolution’ for parish councils, under county council plan

Town and parish councils could be given new powers and funding under North Yorkshire County Council’s plan for council reorganisation ahead of a devolution bid.

Under the authority’s plan, a single council would be created for the county. But council officials said there would also be “double devolution” for parish councils should they want it.

Currently, Scarborough and Harrogate are the only areas without a town or parish council in the county. County council officials said they would support those areas to set up authorities, if it was what local people wanted.

Around 250 local town and parish councillors took part in a seminar held by the county council over its plan and the authority has since set up a working group to explore the proposal with parishes further.

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It comes as both the county council and the seven district authorities have until September to submit plans for a reorganisation of local councils to government ahead of a devolution bid.

Cllr Car Les, leader of North Yorkshire County Council, said:

“I was a parish councillor for many years and I attend parish council meetings. Parish councils are the salt of the earth and I enjoy working closely with them. I have been very impressed over the years with the ambition and achievements of Bedale town council which is the nearest market town to where I have lived all my life and I hope town councils will be interested in taking on more power – but it is up to them.

“We believe this double devolution which passports powers from Whitehall to the town hall and the town hall to the village hall is an exciting prospect. We are seeking more powers from the government, but we want more powers to be devolved to the very local area as well. We want to bring people together to get more things done at a local level.”

As the PR war over devolution continues, district council leaders are preparing an alternative proposal to the county council.

Cllr Richard Cooper, leader of Harrogate Borough Council, previously said the proposal for one authority were “unworkable” and that the seven districts would consult on another proposal.

One of the options from the districts is for two unitary councils, one covering the north of the county and another in the south.

The plans are yet to be formalised, but are expected to go before each of the seven districts ahead of the deadline next month.

A spokesperson for Harrogate Borough Council said:

“We are working closely with our colleagues at district and borough councils across North Yorkshire so that we can come to an informed and evidence-led decision about a possible alternative model of local government. 

“When this work is done, a final business case will be produced, and this will go to our council, and the other district and borough councils, to be voted on, through the usual democratic process.”

Communities must step in to save red phone boxes in Harrogate district

More than 30 phone boxes will be removed by BT unless communities come together to save them.

BT said it is considering the removal of 32 inactive booths across the Harrogate district, 22 of which are the traditional red style.

Three are under scrutiny in Harrogate, including one outside Harrogate District Hospital on Lancaster Park Road. Seven across Nidderdale are under consideration, including one on Pateley Bridge high street and one in Birstwith, along with a further 11 in Ripon.

A spokesperson for BT told the Stray Ferret:

“Most people now have a mobile phone and calls made from our public telephones have fallen by around 90 per cent in the past decade. The need for payphones in emergencies is also reducing as 98 per cent of the UK has either 3G or 4G coverage.

“As long as there’s network coverage from at least one network, it’s possible to call 999, even when there’s no credit or coverage from your own mobile provider.”

In some locations, including Greenhow Hill, BT said average monthly use of the bright red kiosks has fallen to zero. But many are worried the removal of the red kiosks will leave some vulnerable and a huge part of British heritage will be lost.

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Ripon city councillor Pauline McHardy said:

“All the councillors in Ripon agreed they could remove the modern plastic phone boxes but not the old-fashioned red ones. Ripon is a historic city and and they are a historic landmark.

“People presume everyone has a mobile phone but they don’t and there could be a situation where someone has to use the red telephone box. I would not like them removed and I’m sure that all the other councillors on Ripon city council would agree.”

BT is encouraging communities to keep the red telephone kiosks under its “adopt-a-kiosk” scheme, which costs £1 and lets community organisations, including councils and charities, transform the kiosks into defibrillator sites, mini libraries and more.

The firm said it is giving communities the chance to comment on their proposal. If councils or other groups apply to keep the kiosks, they will remain. The consultation will end on October 7.

Coach and Horses appeals council decision to revoke licence

The Coach and Horses in Harrogate has lodged an appeal against the council’s decision to revoke its licence.

Solicitors acting on behalf of the landlord John Nelson sent the appeal to magistrates last week. There is no set date or location for the hearing so far.

It comes after 429 people signed a petition that called for the council to give his daughter, Samantha Nelson, a licence to run the pub.

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Jonny Hick, who calls himself the pub’s “number one customer”, urged people to support her “responsible and professional stewardship”.

Harrogate Borough Council removed the pub’s licence in July after it showed a “blantant disregard” for social distancing rules.

John Nelson was allegedly “aggressive and abusive” towards council officials and the police when they served him a prohibition notice on May 31.

At the licensing sub-committee where the council revoked the licence, Mr Nelson’s lawyer Paddy Whur said his client “accepted he made a chronic error of judgement”.

Mr Whur suggested that the pub’s licence be suspended until Mr Nelson steps down – a suggestion that councillors rejected.

James Street pedestrianisation would be welcomed, says charity

A Harrogate-based disability charity has said disabled people would welcome a temporary pedestrianisation of James Street in the town.

Disability Action Yorkshire said the move would help to create more space for shoppers, particularly those who use wheelchairs, but added that parking would be an issue.

It comes as Harrogate Borough Council made a request to North Yorkshire County Council to temporarily close to street, which it said would help with social distancing and safety.

The proposals to pedestrianise the street have long being opposed by some traders in the town.

Jackie Snape, chief executive at Disability Action Yorkshire.

But, Jackie Snape, chief executive at Disability Action Yorkshire, said she believed the move would help disabled shoppers.

She said:

“I think it would be welcomed. James Street has quite narrow pavements and for wheelchair users there is more space because it is hard to manoeuvre two metres for social distancing.

“But I think parking would be an issue if you need to park close to the shops.”

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Meanwhile, Scope, a national charity which campaigns to change negative attitudes towards disability, said disabled people should not be left behind in any changes for social distancing.

James Taylor, executive director for strategy, impact and social change at the charity, said:

“We cannot allow disabled people to be forgotten. Local authorities must engage with disabled people about the changes they are making in their communities and fully understand the potential impact before they happen.

“At a national level, the government must factor disabled people’s needs into every step of its coronavirus recovery plan.”

Any closure of James Street would be made by North Yorkshire County Council and Cllr Don Mackenzie, executive county councillor for access, said the authority would respond to the borough council’s request shortly.

It comes as James Street already has suspended parking spaces in order to widen the pavement for social distancing, which were put in place by the county council in May.

But the plan to pedestrianise the street fits into a wider strategy for Harrogate drawn up by the borough council in its 2016 Town Centre Strategy and Masterplan.

‘Significant increase’ in requests for Harrogate council tax reductions

Harrogate Borough Council has seen a 400% increase in the number of caseloads for council tax reduction amid the coronavirus pandemic.

In a performance report, council officers said the caseloads had “increased significantly” in the first quarter of the year along with cases of housing benefit.

A report before senior councillors this week put the increase down to more people applying for reductions to the council.

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It said:

“Time taken to process new council tax reduction and housing benefit claims have been included in this exception report as caseloads for both performance indicators have increased significantly as a result of the pandemic and people seeking ways to help their situations. 

“For example, the case load for new council tax reduction increased by 400%”

It comes as the council received £863,157 from government this June to help reduce bills for vulnerable people by £150.

As part of the support package, those who already qualify for the council tax reduction scheme would see their bills reduced.

At the time, Wallace Sampson, chief executive of the authority, said the council was supporting those who are the most vulnerable.

Council requests temporary James Street pedestrianisation

Harrogate Borough Council has put in a request to North Yorkshire County Council for a controversial plan to temporarily pedestrianise James Street.

At the same time as the request went to the county council, Harrogate Borough Council asked for views on the scheme from the BID.

In an e-mail to levy-payers, Harrogate BID said it had been contacted by the authority looking for support on the move which could see the street closed off to vehicles.

The email said the council’s reasoning for the move was for “safety and social distancing measures” and that it would be a significant benefit for shoppers, visitors and businesses.

It added that the pedestrianisation could improve the experience for shoppers and that there was “anecdotal evidence” of an increase in speed from cars on the street due to no parking.

However, this has been fiercely opposed by traders such as William Woods and trade body Independent Harrogate.

Mr Woods said the current widened pavements was already effecting businesses on James Street and the town’s masterplan, which includes a potential pedestrianisation, is out of date.

“It’s had an adverse effect and to say that it would be helpful to pedestrianise is nonsense.

“The masterplan is out of date and we want a well organised, structured plan which is up to date.”

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Any such closure of James Street would be made by North Yorkshire County Council and Cllr Don Mackenzie, executive county councillor for access, said the authority would respond to the borough council’s request shortly.

He said:

“I can confirm that I have received a letter this week from the HBC Cabinet Member for Sustainable Transport, in which he requests a temporary closure of James Street. I have discussed the request with senior officers and we will be responding shortly.

“It is worth remembering that the successful bid to the Government’s Transforming Cities Fund for the £7.9 million Harrogate Gateway scheme includes partial closure of James Street on which the County Council will be consulting in the near future.”

In its e-mail, Harrogate BID said it was looking for views from businesses before responding to the borough council.

It comes as James Street already has suspended parking spaces in order to widen the pavement for social distancing, which were put in place by the county council in May.

But the plan to pedestrianise fits into a wider strategy for Harrogate drawn up by the borough council in its 2016 Town Centre Strategy and Masterplan. It states:

“The council’s preferred option is for the full pedestrianisation of James Street. This option will serve to link the public realm schemes at Prospect Square and Station Square.”

Harrogate Borough Council has been approached for comment on the proposal.

Harrogate council donates £10,000 through cremation metals

Harrogate Borough Council has donated £10,000 to Dementia Forward through money it made recycling cremation metals.

The council makes money twice a year through the recycling programme with consent from the bereaved families. It then chooses a different charity for each six-month period.

When a person is cremated the process leaves behind metals from implants like hip and knee replacements as well as from the construction of the coffin.

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Councillor Andy Paraskos, Harrogate Borough Council’s cabinet member for environment, waste reduction and recycling, said:

“I’d like to thank those families who, during a difficult time, have consented to us recycling metals recovered. By raising this money, everyone involved has done their bit to helping local charities such as Dementia Forward.”

Jillian Quinn, CEO of Dementia Forward, said:

“We would like to thank Harrogate Borough Council for this very generous donation, which has come at a really important time. Our services are needed more than ever and many of our fund raising events are on hold at the moment. We have extended our help line team and this will keep the service going strong. We rely heavily on local support and we are very grateful.”