Is Harrogate Borough Council not required to comply with legally imposed stipulations - ??

Response to this request is long overdue. By law, under all circumstances, Harrogate Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Wallace Sampson,

I am writing to you as Chief Executive of Harrogate Borough Council (HBC), to request minimal evidence, to prove that HBC is able to make legally valid decisions, without having to comply with legally imposed stipulations.

BACKGROUND

The point about not complying with the law, is also raised in the Freedom of Information request entitled, 'Is Harrogate Borough Council knowingly deceiving council tax payers - ??'.

HBC's records show, that it has not complied with legal stipulations on what it must do, when creating Tree Preservation Orders (TPOs).

Regarding TPO number 70/2017, the landowner was not given advanced notice and the same or something similar happened in connection with TPO number 49/2017.

On behalf of the landowning charities, I asked whether those TPOs could be legally valid, as the required legal procedure had not been followed. I also made clear, that the charities had no objections to the creation of TPOs on those trees.

Although adjacent landowners are not known to have objected to the creation of TPO number 70/2017 on a large oak, they have since raised concerns about its safety. A developer seems keen to have the tree removed, possibly to assist with gaining planning permission.

I had submitted an application to remove branches which overhang one of those properties. That was rejected, because HBC claimed it must follow the correct legal procedure and that requires that I submit a plan showing the exact location of that tree. As HBC issued a location plan with the TPO., I have declined to copy its own plan back to it.

As HBC has not complied with the most substantive legal procedure, there cannot be a need for me to send to HBC what it already has.

Staff must be prepared to either stand by their assessment or withdraw it. Either the oak is, "in good health and is of good form with a long future life expectancy" or it is not.

If that assessment is wrong and mindful of the fact that the correct legal procedure was not complied with when creating the TPO., HBC has the option of immediately declaring the TPO legally invalid. If it does not do that, it is effectively confirming that the tree is not unsafe.

Yours sincerely,

John Barker.

Foi, Harrogate Borough Council

Harrogate Borough Council confirm that your email has been received at
[Harrogate Borough Council request email]. Your request will now be considered under the
Freedom of Information Act 2000 or the Environmental Information
Regulations 2004 (if the subject matter relates to environmental
information), we may be in further contact with you in connection with
your request. However, if it is clear what information you are requesting
disclosure of then you should expect a full response within the next 20
working days, if exemptions are engaged that will be explained to you in
the response.

 

Harrogate Borough Council

Freedom of Information

 

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Foi, Harrogate Borough Council

Dear Mr Barker

Thank you for your email received by the Council on 17th January 2019 requesting information under the Freedom of Information Act 2000 ('FOIA') relating to Tree Preservation Orders.

Please note that section 1 of the Freedom of Information Act states:

(1) Any person making a request for information to a public authority is entitled;

(a) to be informed in writing by the public authority whether it holds information of the description specified in the request; and

(b) if that is the case, to have that information communicated to him.

Your request is not one which seeks information that the Council "hold", it asks questions or for opinions of the Council and is not therefore covered by the Freedom of Information Act.

If you are not satisfied with the way your request has been handled, please contact;

Freedom of Information Officer, PO Box 787, Harrogate, HG1 9RW

or email [Harrogate Borough Council request email]

The Council has an internal review procedure. If your complaint is about the decision which has been made you will usually be entitled to have your case reviewed by a senior officer from a department which has not been involved in the decision previously. Your request for internal review must be received by the Council within 40 working days from the date that the response to your initial request is issued.

If, after their decision, you are still not happy, you may appeal to;

The Information Commissioner
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 0303 123 1113
website: https://ico.org.uk/

For the avoidance of doubt the provision of council (and other) officer names and contact details under FOI or EIR does not give consent to receive direct marketing via any media and expressly does not constitute a 'soft opt-in' under PECR.

Yours sincerely

The FOI Team

Harrogate Borough Council
P.O. Box 787
Harrogate
HG1 9RW

Tel: 01423 500600
Web: www.harrogate.gov.uk

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Dear Wallace Sampson,

This freedom of information request was another about unlawful (ultra vires) actions on the part of Harrogate Borough Council (HBC).

I requested, "minimal evidence, to prove that HBC is able to make legally valid decisions, without having to comply with legally imposed stipulations".

Your reply states that you do not "hold" what I have requested and that I have asked "questions or for opinions of the Council".

That is not true, as you will see if you look carefully at my request.

I have not asked any questions or for any opinions.

I have asked for "evidence" and that must exist in writing which HBC must "hold", e.g. proof from primary and/or secondary legislation, bylaw, case law cum legal precedent, statutory guidance or some other source.

For the avoidance of doubt, it is rare that anyone has difficulty with isolated human errors made in good faith, when public service standards are high or at least adequate.

My profound concerns are about routine law breaking, unless that is you "hold" written information which proves that HBC does not have to comply with the various aspects of law, to which I have drawn your attention, so you can respond decisively and honourably as HBC's Chief Executive.

Please provide the requested "evidence".

Yours sincerely,

John Barker.

Foi, Harrogate Borough Council

Dear Mr Barker,

Your below request, received on 14th February 2020, will be dealt with under the Council's internal review procedure.The Council will endeavour to complete the review within 20 working days. The review will be carried out by a senior Council Officer who has not been involved with your original request. You will be informed of the decision of the review as soon as possible once the review has been completed. If you remain unsatisfied after the findings of the review you then have the right to complain to the Information Commissioners Office, details will be provided in the review response.

Yours sincerely

The FOI Team

Harrogate Borough Council
P.O. Box 787
Harrogate
HG1 9RW

Tel: 01423 500600
Web: www.harrogate.gov.uk

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Mair Hill, Harrogate Borough Council

1 Attachment

Dear Mr Barker,

Please find attached letter dated 4 March 2020 which sets out the findings of my internal review.

Regards

Mair Hill
Chief Solicitor
Legal and Governance
Harrogate Borough Council
PO Box 787
Harrogate
HG1 9RW
Telephone 01423 500600 extension 58367
[email address]

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Dear Wallace Sampson,

On the 17 January 2020, I wrote to you as Chief Executive of Harrogate Borough Council (HBC), to request minimal evidence, to prove that HBC is able to make legally valid decisions, without having to comply with legally imposed stipulations.

At some stage prior to my FoI request, the number of emails reached over 40 on the issues regarding specific Tree Preservation Orders, affecting trees for which I have legal responsibility as a charity trustee.

The law stipulates the procedure which must but was not followed, in order to create lawfully valid TPOs.. There cannot be more to add to 40 plus emails which are in your files on the subject.

Relevant law is factual and published in writing. If HBC can legitimately avoid prescriptive legislation, that also must be stated in writing and your Chief Solicitor does not need to be provided with proof of that fact.

My FoI request was for that factual information and not "opinion" from anyone on behalf of HBC..

This is another example of HBC responding to straight questions with deflection and subterfuge, throwing into severe question HBC's credibility and trustworthiness.

Trying to struggle with so much tangled maladministration and threats to public health and biodiversity, has proven a threat to my own health. For that reason, I must leave HBC to continue acting in a number of ways which are clearly unlawful and others which have the appearance of being so.

FoI requests have revealed aspects of your modus operandi which neither you nor your Chief Solicitor have thought it necessary to rectify.

It is for elected councillors to decide whether they are content with the status quo and if not, whether they will or will not take decisive action.

Yours sincerely,

John Barker.

Harrogate Borough Council

Harrogate Borough Council confirm that your email has been received at
[1][Harrogate Borough Council request email].

Your request will now be considered under the Freedom of Information Act
2000 or the Environmental Information Regulations 2004 (if the subject
matter relates to environmental information), we may be in further contact
with you in connection with your request. However, if it is clear what
information you are requesting disclosure of then you should expect a full
response within the next 20 working days, if exemptions are engaged that
will be explained to you in the response. Harrogate Borough Council
Freedom of Information.The Council will endeavour to reply to your
requests within the statutory deadlines, however please be aware that you
may experience understandable delays when making information rights
requests during the pandemic.

    Message: B601ef6900000.000000000001.0002.mml
    From: [FOI #635582 email]
    To: [Harrogate Borough Council request email]
    Subject: Re: Freedom of Information request - Is Harrogate Borough
Council not required to comply with legally imposed stipulations - ??

References

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1. mailto:[Harrogate Borough Council request email]