Agenda Document for Derry City and Strabane District Council

Meeting Pack Derry City and Strabane District Council

Dear Member of Derry City and Strabane District Council

You are hereby summoned to attend the Monthly Meeting of the Derry City and Strabane District Council to be held in the Guildhall, Derry, on Thursday 28 February 2019 at 4.00 pm

Yours faithfully

John Kelpie Chief Executive

AGENDA

1 Notice and Summons of Meeting

2 Member Attendance and Apologies

3 Webcasting Notice

4 Declarations of Members' Interests

Open for Decision

5 Chairperson's Business

6 Confirmation of the Open Minutes of the Meeting of the Derry City and Strabane District Council held on Thursday 31 January 2019 (Pages 1 - 34)

7 Matters Arising

8 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Monday 4 February 2019 (Pages 35 - 48)

9 Adoption of the Open Minutes of the following Committees a Monthly Governance and Strategic Planning Committee held on Tuesday 5 February 2019 (Pages 49 - 60)

b Monthly Planning Committee held on Wednesday 6 February 2019 (Pages 61 - 82)

c Monthly Assurance, Audit and Risk Committee held on Thursday 7 February 2019 (Pages 83 - 86)

d Monthly Business and Culture Committee held on Tuesday 12 February 2019 (Pages 87 - 96)

e Monthly Environment and Regeneration Committee held on Wednesday 13 February 2019 (Pages 97 - 118)

f Monthly Health and Community Committee held on Thursday 14 February 2019 (Pages 119 - 126)

g Special Planning Committee held on Thursday 14 February 2019 (Pages 127 - 132)

10 Delegation to Meet with the Permanent Secretary for the Department of Education (Pages 133 - 134)

11 Request to Illuminate the Guildhall/Other Civic Building (Pages 135 - 138)

12 Notices of Motion

Alderman Ramsey to Move:

That this Council commends the work of the Northern Ireland Air Ambulance and have discussions on future financial support at the relevant Committee.

Councillor Jackson to Move:

Derry City and Strabane District Council calls upon employers to end the practice of zero hour contracts now. This Council commits itself to doing everything that it can to help make the north-west region a zero hour contract free zone.

This council agrees that zero hour contracts have no role in stimulating inclusive economic growth and should be banned.

This motion further proposes that the Mayor convene a district wide forum, including local business leaders, trade unions, employer’s organisations, youth groups, anti-poverty groups, and any other concerned sections of civic society, to develop a practical strategy aimed at bringing an end to these damaging and harmful employment practices.

Iarrann Comhairle Chathair Dhoire agus Cheantar an tSratha Báin ar fhostóirí deireadh láithreach a chur le nós na gconarthaí náid uaireanta. Tá rún daingean ag an Chomhairle gach iarracht a dhéanamh le cinntiú go mbeidh réigiún an Iarthuaiscirt iomlán saor ó nós na gconarthaí náid uaireanta.

Aontaíonn an Chomhairle seo nach bhfuil ról ar bith ag conarthaí náid uaireanta san fheachtas le fás ionchuimsitheach eacnamaíoch a spreagadh agus ní mór cosc a chur orthu.

Moltar lena chois gur chóir go dtionólfaí fóram ceantair ag an Mhéara a thabharfadh deis do cheannairí áitiúla gnó, cheardchumainn, eagraíochtaí a fhostaíonn daoine, ghrúpaí óige, ghrúpaí frithbhochtaineachta, agus d'aon pháirtithe leasmhara eile sa phobal a bhfuil baint acu leis an cheist, stráitéis phraiticiúil a fhorbairt a chuirfeadh deireadh leis an chleachtas fostaíochta seo atá dochrach díobhálach

Councillor McGinley to Move:

That this Council reaffirms it’s commitment as a partner to the Neighbourhood Renewal People and Place Strategy,

That this Council notes with concern significant funding cuts faced by NR funded groups and bodies and that this Council requests a meeting with the Permanent Secretary for the Department for Communities to challenge the proposed cuts to Neighbourhood Renewal budgets.

Go n-athdhearbhaíonn an Chomhairle seo go bhfuil sí tiomanta don Straitéis ‘Pobal agus Ceantar’ um Fhorbairt Chomharsanachtaí.

Go léiríonn sí imní faoi na ciorruithe diana ar ghrúpaí agus chomhlachtaí atá maoinithe faoi scéimeanna um Fhorbairt Chomharsanachtaí agus Gur chóir don Chomhairle seo cruinniú a iarraidh leis an Rúnaí Buan sa Roinn Pobail le dul i ngleic leis na ciorruithe atá molta ar bhuiséid um Fhorbairt Chomharsanachtaí

Councillor Logue to Move:

That this Council recognises the health and environmental risks associated with Glyphosate, which the World Health Organisation has upgraded to “probably carcinogenic in humans”. Taking this into consideration this Council should cease from using the weed killer and request that all subcontractors employed by Council also cease the use of Glyfos and all products containing Glyphosate in this Council district, in favour of a more environmentally friendly product.

As a Council we pledge to discontinue the use of glyphosate in all operations with the only exception being when dealing with Japanese Knotweed, which will be injected rather than sprayed.

We also pledge to encourage other Statutory Agencies to do likewise.

Go n-aithníonn an Chomhairle seo an baol a bhaineann le gliofosáit don tsláinte agus don chomhshaol tar éis di bheith nua-rangaithe ag an Eagraíocht Dhomhanda Sláinte mar shubstaint a d’fhéadfadh léi “bheith carcanaigineach do bheatha an duine”; mar gheall air sin, ní mór don Chomhairle seo stad a chur le húsáid an cheimiceáin mar fhiailnimh agus iarrann muid ar an Chomhairle cinntiú nach mbainfí úsáid as Glyfos nó as aon táirge eile a bhuil gliofosáit istigh ann áit ar bith sa cheantar, Comhairle, agus go n-aimseofaí táirge eile atá neamhdhíobhálach don timpeallacht.

Mar Chomhairle, geallann muid go stadfaidh muid d’úsáid a bhaint as gliofosáit i ngach gné dár n-oibríochtaí, ach amháin nuair a bhíonn muid ag dul i ngleic le glúineach bhiorach, agus sa chás sin amháin, tabharfar instealltaí in áit spraeáil a dhéanamh.

Lena chois sin, geallann muid go spreagfaidh muid gníomhaireachtaí stáit eile amhlaidh a dhéanamh.

Councillor Tierney to Move:

That Council recognises the current state of disrepair the Strabane River Walkway is in; further notes the importance of the River Walkway for local Search and Rescue Groups and angling clubs; expresses concern about the lack of emergency water safety measures in place along the walkway; notes the River Walkway gates are locked permanently and is inaccessible to the general public.

Council recognises that Strabane town is lacking in outdoor leisure provision and public parks; and commits to urgently investigate possible ways to upgrade Strabane River Walkway to ensure it is safe and accessible for all.

Councillor Duffy to Move:

This Council supports calls for Ireland and other participants not to take part in the 2019 Eurovision Song Contest which will take place in Israel in accordance with Derry City and Strabane District Council’s support for the Boycott, Divestment and Sanctions policy.

This Council should write to RTÉ and BBC expressing concern at the continued slaughter and human rights abuse against the Palestinian people and urging them to boycott the competition.

I gcomhréir leis an pholasaí Baghcait, Dífheistithe agus Smachtbhannaí a dtugann Comhairle Chathair Dhoire & Cheantar an tSratha Bháin tacaíocht dó, tacaíonn an Chomhairle seo leis an éileamh nach nglacfaidh Éire ná rannpháirtithe eile páirt i gComórtas Amhránaíochta na hEoraifíse 2019 a bheidh ar siúl san Iosrael.

Ba chóir don Chomhairle seo scríobh chuig RTÉ agus BBC chun baghcat ar an chomórtas a mholadh; agus lenár n-imní a chur in iúl i leith an tsáraithe ar chearta daonna agus an tsléachta atá á dhéanamh ar mhuintir na Palaistíne.

Open for Information

13 Resolutions from Other Councils (Pages 139 - 142)

14 Responses to Motions (Pages 143 - 152)

15 Sealing List - February 2019 (Pages 153 - 154)

22 February 2019 This page is intentionally left blank Agenda Item 6

Derry City and Strabane District Council

Minutes of Monthly Meeting of Derry City and Strabane District Council held in the Chamber, Guildhall, Derry on Thursday 31 January 2019 at 4.00pm.

Present:- Councillor Boyle (Mayor)(In the Chair) (C01/19 – C28/19); Aldermen Bresland, Devenney, M Hamilton, Hussey (In the Chair) (C29/19 – C37/19), Kerrigan, McClintock, Ramsey, Thompson and Warke; Councillors Campbell, Carlin, Carr, Cooper, Cusack, Dobbins, Donnelly, Duddy, Duffy, Fleming, Gallagher, Hastings, Jackson, P Kelly, Logue, McGinley, M McHugh, R McHugh, McKeever, Mc Knight, McLaughlin, McMahon, Mellon, O’Reilly, Robinson and Tierney

In Attendance:- Chief Executive (Mr J Kelpie), Director of Health and Community (Mrs K McFarland), Director of Environment and Regeneration (Mrs K Phillips), Lead Legal Services Officer (Mr P Kingston), Head of Community Development and Leisure (Mr B O’Hagan),Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Democratic Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T Johnstone).

______

C01/19 Notice and Summons of Meeting

The Mayor read the Notice and Summons for the Meeting.

C02/19 Member Attendance and Apologies

The Mayor completed the roll call and recorded apologies from Alderman R Hamilton and Councillors D Kelly, McGuire and Reilly.

C03/19 Webcast Announcement by the Mayor

The Mayor read the Webcast Announcement for the Meeting.

C04/19 Declaration of Members Interest

Aldermen Devenney and Thompson and Councillor McKeever declared an interest in minute item C30/19 – opposition to the Development of a Goldmine and Processing Plant in the Sperrins.

Open for Decision

Chairperson’s Business

C05/19 Welcome

1 Page 1 The Mayor welcomed A’ Level Journalism students from various colleges in the City who were attending today’s meeting as part of their studies. He stated that he hoped the students found the meeting interesting and enlightening and wished them well in their endeavours.

C06/19 Replacement of Street Lighting

Alderman Devenney stated that he wished to raise an issue regarding public lighting. He stated that whilst the proposed upgrade to street lighting by the Department of Infrastructure (DfI) was welcomed, there were concerns regarding the removal of street lighting from a laneway in the Claudy area which had the potential to attract anti-social behaviour. He queried if the reduction in street lights was planned for the entire Council area. He proposed that Council write to the Department for Infrastructure asking for clarification on the matter as it was important that street lights remained in areas such as alleyways.

Alderman M Hamilton concurred with the remarks made by the previous speaker. She then referred to the Council owned car park in Claudy where the lighting needed repaired as a matter of urgency.

Councillor Hastings referred to the Special Meeting of the Environment and Regeneration Committee held on 21 November 2018 where DfI had provided Members with information regarding the upgrade to street lighting. He stated that Members had expressed concern regarding the impact of removing street lights from alleyways and in response the DfI stated that it was departmental policy. He stated that the DfI had said it was not their responsibility to light alleyways. He stated that the matter needed to be addressed urgently as the lack of lighting in alleyways was having a detrimental effect on those residing in those areas. He proposed that DfI be invited to provide an update to Members on the matter.

Councillor Donnelly concurred with the remarks made by the previous speakers. He referred to the Glenowen area of the City were lighting had been removed adjacent to a flight of steps. He stated that this had resulted in young people congregating in the area and that a resident had also tripped on the steps due to the removal of adequate lighting.

Councillor O’Reilly stated that he had been contacted by residents regarding the removal of street lights which had also attracted anti- social behaviour. He asked that a report and map be made available to

2 Page 2 show the areas were lighting had been removed throughout the City and District before the meeting with DfI.

Councillor R McHugh concurred with the comments made by the previous speakers. He stated that correspondence had been sent to DfI regarding a similar issue in Castlederg last year. He stated that he was not hopeful of a successful outcome as Roads Service had been emphatic that they were concentrating on supplying lighting at dual carriageways and did not have sufficient funding for other projects.

Councillor Jackson stated that he had highlighted this issue at the Special Meeting and that DfI had advised that their policy stated that they were not required to supply lighting to secondary routes. He further stated that he made a proposal at that time for a community consultation regarding the removal of street lighting and that DfI had also advised that due to departmental policy a public consultation would not be carried out in this regard. He stated that he would be making a further request for a public consultation and for DfI to review it’s policy.

Alderman McClintock concurred that it was a very important issue that needed to be addressed. She stated that a similar issue had been raised two years ago and unfortunately the only solution at that time whilst during her tenure as Mayor, was for Council officers to assist by installing sensor lighting for an elderly gentleman. She emphasised the importance of the matter being addressed as it was not the responsibility of Council.

Councillor Gallagher referred to comments made by Councillor R McHugh and stated it would be better to write to all Party Leaders, particularly to those who had supported the Good Friday Agreement and the Fresh Start Agreement to review their policy on budget cuts.

Councillor P Kelly requested a report on the number of lights still waiting to be repaired throughout the City and District.

Alderman Devenney thanked Members for their support on the matter. He stated that the reduction in street lighting had affected many residents throughout the Council area. He suggested that it may be useful to also invite the Northern Ireland Housing Executive (NIHE) to the Special Meeting.

3 Page 3 Alderman Hussey supported the call for the meeting and added that he welcomed Councillor Gallagher’s support of the Belfast Agreement. He referred to the remarks made by Alderman M Hamilton and noted a problem with the wiring system to the lights at the car park and requested that officers investigate the matter.

Councillor Tierney stated that he concurred with the remarks made by Councillor Jackson. He then referred to Alderman McClintock’s comments and stated that similar issues had been raised in the Ballyarnett area of the City were lighting had been removed from back alleyways which had caused some distress to the residents of that area. He stated that PCSP and Teamworks had assisted by installing sensor lights to enable those residents to have a sense of security. He queried when DfI were scheduled to provide their annual update to Members.

In response, the Director of Environment and Regeneration stated that DfI usually provided an update to Members in March. However, she stated that a request could be made for the meeting be brought forward if Members so wished.

Councillor Logue referred to Councillor Gallagher’s proposal to write to the Party Leaders. She stated that it was the Conservative Government who were responsible for budget cuts and who have continually demolished the block grant from the Treasury which has had a detrimental effect on Departmental budgets.

Alderman Devenney Proposed, Seconded by Councillor Hastings

That Council write to the Department for Infrastructure to invite them to attend a special meeting to update Members on the reduction in street lighting in the Derry City and Strabane District Council area.

Members agreed unanimously and Council

Resolved That Council write to the Department for Infrastructure to invite them to attend a special meeting to update Members on the reduction in street lights in the Derry City and Strabane District Council area.

C07/19 Irish Backstop

4 Page 4 Councillor McLaughlin stated that the recent House of Commons vote in Westminster regarding the Irish backstop had caused great concern. She stated that the decision to allow the deposition of the backstop was taken against the wishes of the people in Northern Ireland and the DUP had demonstrated party interests over the people. She emphasised the absolute necessity of having a legally binding backstop as stated within the Withdrawal Agreement to prevent a hard border on the island of Ireland. She stated that the rejection of the backstop was an affront to the Good Friday Agreement and noted the words of the respected Irish Economist, ‘this is not an example of Britannia rules the waves, more of Britannia waives the rules’.

Councillor McLaughlin Proposed, Seconded by Councillor Tierney

That this Council write to the Prime Minister and the Leader of the Labour Party outlining our serious concerns at the Government’s attempt to renegotiate the Irish Backstop as it would have a disastrous impact on the economic, cultural, social and physical wellbeing of our cross border city region.

Councillor Gallagher referred to the motion carried by Council on 22 November 2018 and queried the validity of the motion from Councillor McLaughlin.

In response, the Lead Legal Services Officer advised that there was no contradiction between Councillor McLaughlin’s proposal and the Motion passed by Council on 22 November 2018 and therefore would not be classed as a rescinding motion.

Alderman Ramsey stated that the decision taken by Parliament at Westminster was a democratic one. He referred to comments made by An Taoiseach, Leo Varadkar that troops could be deployed at the border. He noted that there was no Irish army present at the border during the troubles. He described the situation as ridiculous and that a democratic vote was made at Westminster with the DUP seeking the best deal for Northern Ireland and the Republic of Ireland. He referred to the amendment passed at Westminster due to a democratic decision and that assurances were needed that Northern Ireland remained part of the United Kingdom until the people of the North of Ireland voted otherwise. He stated that in his opinion it was a ‘bash the Brits’ campaign as the DUP were attempting to get the best possible deal for the people of Northern Ireland. He commented on the MPs from

5 Page 5 Northern Ireland who refused to take their seats at Westminster which showed a lack of democracy.

The Mayor stated that he was aware of the democratic process and that Members had been appointed by virtue of that democratic process.

Councillor Duffy referred to the remarks by Alderman Ramsey and stated that Sinn Fein had been clear from the outset that they would be abstaining from taking their seats at Westminster. She further stated Sinn Fein have reiterated that there could be no good Brexit for the people of Northern Ireland therefore the backstop was needed for protection. She felt that writing a letter may not make much difference and that thankfully MEPs were working in Europe as the EU have stated that there would be no re-opening of the negotiations. She stated that Sinn Fein were in support of the Motion which had once again opened up the opportunity for a border poll.

Councillor Duffy Proposed an Amendment, Seconded by Councillor Jackson

Alderman Hussey stated that whilst he agreed with the wording of the motion, it suggested that no renegotiations take place. He then referred to comments made by Alderman Ramsey regarding the democratic process and stated that he preferred democracy in Westminster against the benign dictatorship emanating from Europe, therefore the Ulster Unionist Party would not be supporting the amendment nor the motion.

Councillor Donnelly stated that there had been a lot of discussion regarding democracy. He noted the 100th anniversary of the Dáil Eíreann where 78 percent refused to go to Westminster and formed their own parliament. He stated that the response to this action resulted in the border. He referred to the contribution regarding the border by the former SDLP, MEP, John Hume within the Good Friday Agreement which Brexit had shattered.

6 Page 6 Councillor Tierney expressed shock at the remarks made by the UUP regarding the motion. He stated that he found the DUP position regarding Brexit ridiculous in equal measures as the backstop was the bare minimum needed to protect the people of Northern Ireland and everything they held dear. He stated that the reason for this motion was that the only party representing the people of Northern Ireland at Westminster was the DUP who did not represent the views of the majority of people in Northern Ireland. He emphasised the importance of those listed within the motion hearing the worries and concerns of the people if the British Government attempt to renegotiate the terms of the backstop.

Alderman Devenney referred to the issues regarding Brexit and stated that all those listed in the motion may fold on their decision before 29 March 2019. He referred to the latter part of the motion and stated that in his opinion, the recent bomb attacks had the same impact on the wellbeing of people in the City.

Alderman Thompson stated that in his opinion, Members from Nationalist and Republican parties did not wish for the Irish backstop to be renegotiated. He stated that a particular party had abstained from taking their seat at Westminster whilst another had lost their seat and had therefore aligned themselves with a Republican party in the South of Ireland. He stated that speakers from within the Unionist grouping had stated that if all parties had been in agreement that there would be no hard border on the island of Ireland. However, in response to the vote at Westminster, Leo Varadkar had commented that there may be plans to deploy infrastructure or personnel at the border. He described Mr Varadkar’s comments as insensitive given the current situation. He then proposed an amendment to the motion.

Mayor advised that the amendment could not be considered until voting had taken place on the current amendment.

Councillor M McHugh stated that the decision taken by Britain to leave the common market had highlighted the lack of democracy for the people who lived on the island of Ireland. He stated that the majority of residents and business owners who had expressed the importance of the backstop, were being completely ignored. He referred to comments made by previous speakers and stated that Sinn Fein was the only party with MEPs from every province in Ireland with seats at Europe. He stated that those MEPs had expressed the views of the

7 Page 7 majority of the people in the North of Ireland and their wish to remain part of the European Union and also ensure that the backstop was in place. He described the backstop as an insurance policy to be applied in the event of a resolution not being reached regarding the border in Ireland. He referred to Alderman Devenney’s comments and stated that nobody could foretell what further decisions would be made in the run up to 29 March however, the fight to retain the backstop had to be maintained. He stated that recent events at Westminster had shown how government could change their mind when involved in such important negotiations and he emphasised to Members the importance of supporting the motion for the majority of people in Ireland who are pro-European.

In response to a query from Councillor Gallagher, the Mayor advised that the motion referred to the British Prime Minister.

Councillor Duffy Proposed, Seconded by Councillor Jackson

After voting by a show of hands on the Amendment the result was as follows:

For the Amendment – 23; Against – 9; Abstentions 5.

The Amendment was carried and became the Substantive Motion.

Alderman Ramsey proposed a further Amendment, Seconded by Alderman McClintock.

8 Page 8 and physical wellbeing of our cross border city region and ask An Taoiseach not to send troops to the border in the event of a no-deal Brexit.

In response to a query by Councillor Carlin, the Mayor advised that he would be accepting the Amendment.

Councillor O’Reilly referred to the Amendment and asked that the British Government withdraw their troops from Ireland.

Alderman McClintock stated that if An Taoiseach deployed troops to the border it would go against the will of everyone who sought to ensure that no hard borders were put in place. She referred to comments made by previous speakers regarding the democratic process and stated that democracy only applied to some in the Chamber when it was in the interests of the Nationalist community. She stated that in her opinion, people were opposed to democracy when it had to take in the views of the majority of the people represented by the DUP in Northern Ireland. She stated that the DUP was stronger than ever and that Conservative and Labour MPs had voted that the backstop would be disastrous for the constitutional position of Northern Ireland and the UK as a whole.

Alderman Ramsey Proposed, Seconded by Alderman McClintock.

That this Council write to the Prime Minister, the Leader of the Labour Party and Leo Varadkar, Michel Barnier, Donald Tusk and Jean-Claude Juncker outlining our serious concerns at the Governments attempt to renegotiate the Irish Backstop as it would have disastrous impact on the economic, cultural, social and physical wellbeing of our cross border city region and ask An Taoiseach not to send troops to the border in the event of a no-deal Brexit.

After voting by a show of hands the result was as follows:

For the Amendment – 23; Against – 7; Abstentions – 6

The Amendment was therefore carried and subsequently became to the Substantive Motion.

9 Page 9 Councillor McGinley Proposed a further Amendment, Seconded by Councillor Duffy

After voting by a show of hands the result was as follows:

For the Amendment – 18; Against – 8; Abstentions – 5.

The Amendment was therefore carried and subsequently became to the Substantive Motion.

Alderman Hussey proposed a further amendment, however after considering the legal advice by the Lead Legal Services Officer, he withdrew the amendment.

Members were then asked to vote on the Substantive Motion.

Councillor McGinley Proposed, Seconded by Councillor Duffy

After voting by a show of hands the result was as follows:

10 Page 10 For the Substantive Motion – 18; Against – 9; Abstentions -5 and subsequently Council

Resolved That this Council write to the Prime Minister, the Leader of the Labour Party and Leo Varadkar, Michel Barnier, Donald Tusk and Jean-Claude Juncker outlining our serious concerns at the Governments attempt to renegotiate the Irish Backstop as it would have disastrous impact on the economic, cultural, social and physical wellbeing of our cross border city region and ask An Taoiseach not to send troops to the border in the event of a no- deal Brexit and also there will be no deployment of British soldiers at the border in the event of a no-deal Brexit.

C08/19 Confirmation of the Open Minutes of the Meeting of the Derry City and Strabane District Council held in Thursday 13 December 2018

The Minutes of the Open Meeting of Derry City and Strabane District Council held on 13 December 2018 (C384/18-C406/18) were submitted.

Alderman Hussey Moved, Councillor McClintock Seconded and the Council.

Resolved that the above Minutes be adopted as a true record of the Meeting

Matters Arising

C09/19 Proposals Presented (C390/18 and C398/18)

Alderman Hussey referred to proposals made at meetings such as the motion on Catalonian Political Prisoners (C390/18) and stated that there was a clear indication of how Members had contributed to the debate. However, with listed motions, the motion was recorded without any subsequent discussion or debate. He stated that if Members had taken the time to prepare a particular motion there should be a record of the discussion regarding that motion.

Councillor Gallagher advised that there was no debate regarding minute item C390/18.

C10/19 Anti-Social Behaviour in Off-Street Car Park (C398/18)

11 Page 11 Councillor Cusack stated that she had been asked to raise a matter experienced by many people over the past few days due to the recent heavy snowfall. She stated that she had been contacted by constituents particularly care workers who had been targeted by youths throwing snowballs at their vehicles whilst trying to navigate treacherous roads to reach patients under their care. She further stated that she was not demonising young people, however their actions could result in injury or worse.

Councillor Cusack Proposed, Seconded by Councillor Tierney

That this Council write to the Secondary Schools in the Council District asking them to discuss this issue with the students in whichever manner they felt was appropriate to highlight the dangers of this type of behaviour and ask them to stop.

After voting by a show of hands the proposal was carried unanimously and Council

Resolved That this Council write to the Secondary Schools in the Council District asking them to discuss this issue with the students in whichever manner they felt was appropriate to highlight the dangers of this type of behaviour and ask them to stop.

C11/19 Anti-Social Behaviour in Off-Street Car Park (C398/18)

Councillor Donnelly stated that he had recently met with residents from William Street who had informed him that anti-social behaviour still continued as the recently installed barriers were not being locked at night. He requested that officers look into the matter.

In response the Chief Executive advised that the matter would be investigated as a matter of urgency.

Councillor Logue noted that Sinn Fein had proposed at a previous meeting the installation of CCTV cameras at William Street car park as an extra precaution which may have given merit to the situation.

12 Page 12 C12/19 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Thursday 24 January 2019

The Minutes of the Special Meeting of Derry City and Strabane District Council held on 24 January 2019 (SC6/19) were submitted.

Alderman Bresland Moved, Councillor Hastings Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting

C13/19 Monthly Governance and Strategic Planning Committee held on Tuesday 8 January 2019

The Minutes of the Governance and Strategic Planning Committee held on 8 January 2019 (GSP1/19-GSP10/19) were submitted.

Alderman Thompson Moved, Councillor Fleming Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting.

Matters Arising from the Minutes

C14/19 North West Regional Development Group Minutes (GSP10/19)

Councillor McLaughlin highlighted the importance of the recommendation that Council write to the Department of Health to progress the proposed medical school at Magee Campus as the deadline approached. She proposed that Council write to the Permanent Secretaries for the Department of Health, Department of Economy and the Department for Finance in relation to progressing the business case for the post graduate medical school at Magee.

Councillor McLaughlin Proposed, Seconded by Councillor Tierney

That Council write to the Permanent Secretaries for the Department of Health, Department of Economy and the Department for Finance in relation to progressing the business case for the post graduate medical school at Magee.

13 Page 13 She stated that it was imperative that the May deadline was met in order to attract applications for the first intake scheduled for September 2020. She advised that a cross-party delegation and stakeholders had met on 25 January 2019 and that MP Elisha McCallion had organised a meeting with the Permanent Secretary for the Department of Health in order to pursue the matter promptly. She then commended Ulster University on the recent acquisition of land at the Foyle College site on Duncreggan Road which reaffirmed their commitment towards the expansion of Magee Campus.

C15/19 Monthly Planning Committee held on Wednesday 9 January 2019

The Minutes of the Planning Committee held on 9 January 2019 (P1/19-P16/19) were submitted.

On a matter of accuracy, Councillor R McHugh referred to P10/19, Reconsidered Applications relating to LA11/2016/0781/F – Retention of Car Compound Castlederg. He stated that he had raised that the report on the application had stated the reason for reconsideration was that Committee had voted against the Officer Recommendation to refuse. He stated that he had indicated that this was not the case and that it had been deferred to allow for the applicant to provide a flood risk assessment.

Alderman Bresland Moved, Seconded by Alderman Kerrigan and the Council

Resolved that the above minutes as amended, be adopted as a true record of the Meeting

C16/19 Monthly Assurance, Audit and Risk Committee held on Thursday 10 January 2019

The Minutes of the Assurance, Audit and Risk Committee held on 10 January 2019 (AAR1/19-AAR12/19) were submitted.

Alderman McClintock Moved, Councillor Duffy Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting

C17/19 Monthly Business and Culture Committee held on Tuesday 15 January 2019

14 Page 14 The Minutes of the Business and Culture Committee held on Tuesday 15 January 2019 (BC1/19 – BC15/19) were submitted.

Councillor McKeever Moved, Alderman Warke Seconded and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

C18/19 Monthly Environment and Regeneration Committee held on Wednesday 16 January 2019

The Minutes of the Environment and Regeneration Committee held on 16 January 2019 (ER1/19 – ER19/19) were submitted.

Councillor Duffy Moved, Seconded by Councillor Dobbins and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

Matters Arising

C19/19 Bio-Digester Concerns (ER10/19)

Alderman Devenney stated that he had raised an issue at a previous meeting of the Environment and Regeneration Committee regarding the alleged concerns of bio-digesters. He stated environmental impact assessments had not been carried out and he had asked for the matter to be dealt with by the Environment and Regeneration Committee, Planning Committee and the Northern Ireland Environment Agency (NIEA). He noted that NIEA had reported that ammonia and phosphate levels were almost four times higher than the permitted level and that the digest had also been spread on agricultural land. He expressed concern that the Department for Agriculture, Environment and Rural Affairs (DAERA) had no records or controls on how the digest was spread in rural areas. He that he had raised the matter at a previous meeting of the Environment and Regeneration Committee and was advised that it was a matter for the Planning Committee and asked for clarification on the matter.

In response, the Mayor advised that the matter was listed on the Agenda for the meeting of the Planning Committee on 6 February 2019.

15 Page 15 The Director of Environment and Regeneration advised that Members of the Environment and Regeneration Committee had agreed that officers bring a report in relation to the planning issues regarding anaerobic bio-digesters to the Planning Committee meeting on 6 February. She stated that at the January meeting of the Environment and Regeneration Committee, Members further considered issues relating to NIEA and requested that they be invited to a meeting of the Planning Committee. She advised that NIEA would be invited to attend a meeting of either the Planning or the Environment and Regeneration Committee.

C20/19 Arson Attack at Eglinton Play Park (ER6/19)

Councillor McKeever commended the officers and staff on their speedy actions regarding the arson attack at Eglinton Play Park which had to close for a few days in order for repairs to be carried out. He asked that officers continue to work on the matter to ensure that the damaged equipment is replaced.

C21/19 DfI Correspondence on Proposed Speed Limits (ER19/19)

Councillor Dobbins referred to the recent snowfall in the last few days where some areas of the City had come to a standstill. She proposed that the correspondence to DfI should include a request for the exact locations where salt boxes were positioned throughout the City and District as some areas did not have salt/grit boxes in place. She stated that salt boxes should be more strategically placed, particularly on hilly areas and inside smaller housing estates. She stated that although various organisations had attempted to supply salt they could not reach the affected areas due to traffic congestion.

Councillor Donnelly stated that it was an important issue and that Council had undertaken to procure grit boxes to be placed in central locations throughout the City and District and requested an update on the matter.

In response, the Director of Environment and Regeneration stated that a report would be brought to a future Committee meeting to provide Members with an update on the matter.

Alderman Devenney concurred with the previous speakers in relation to grit boxes and referred to the Brigade area of the City where the majority of residents were disabled. He stated however, that if a salt

16 Page 16 box was located in that area the residents would be unable to put the salt on the road and pathways.

Councillor Tierney clarified that Councillor Dobbins had referred to the small yellow ones grit boxes issued by Transport NI.

Councillor O’Reilly proposed that in addition to the request by Councillor Dobbins, Transport NI also advise what criteria had to be met for grit boxes to be issued in certain areas.

C22/19 Cleaning of Mews Lanes within the Council District (ER18/19)

In response to a query from Alderman Hussey, the Director of Environment and Regeneration advised that a report would be provided at a future Committee meeting.

C23/19 Monthly Health and Community Committee held on Thursday 17 January 2019

The Minutes of the Health and Community Committee held on Thursday 17 January 2019 (HC1/19-HC26/19) were submitted.

Councillor Tierney Moved, Seconded by Alderman McClintock and the Council

Resolved that the above minutes be adopted as a true record of the Meeting.

Matters Arising from the Minutes

C24/19 “On the Ball” Motion Update (HC10/19)

Councillor Duffy extended her thanks to officers on the hard work undertaken towards the implementation of the scheme and asked if a date had been confirmed for the roll out of the programme.

In response, the Director of Health and Community advised that the pilot scheme would commence in mid-February and information on the roll-out would be issued to Members in due course.

Councillor Hastings welcomed that the roll-out for the programme was imminent and thanked the Director of Health and Community and officers for their work on the matter.

C25/19 SEUPB Funding (HC05/19)

17 Page 17 Councillor Jackson referred to the €8m funding package awarded to the Waterside Shared Village and thanked the Health and Community Directorate for their work towards securing funding for the facility. He noted that extensive work had been carried out by officers and community groups in the area to gather the views of the community and thanked them for their contribution.

C26/19 Castlederg High School (HC07/19)

Alderman Hussey stated that whilst the achievement had been noted it would be appropriate for Council to formally recognise the recent achievement by Castlederg High School.

In response, the Mayor stated that Alderman Hussey contact the Mayor’s Office were the matter would be given due consideration.

C27/19 Establishment of a Taskforce on Welfare Reform (HC12/19)

Councillor McGinley welcomed the assurances by officers at the recent Rates meeting that additional resources could be found to assist advice services dealing with appeals and tribunals. He stated that this was an example of the practical leadership provided by Sinn Féin and followed on from the £585m secured in relation to providing protection and mitigation against the worst excesses of the Conservative Government’s attack on welfare. He noted that Sinn Féin had negotiated those protections when Welfare Reform was implemented in Northern Ireland. He further stated that SDLP had dismissed the mitigations and had nothing further to offer at that time. He expressed surprise that the SDLP had asked what Sinn Féin were doing in respect of securing future mitigation.

Continuing, he stated that the SDLP had now entered a marriage of convenience with Fianna Fail which on its’ own and through partnership with Fine Gael had consistently slashed public spending and welfare protections. He referred to Councillor O’Reilly’s nomination by Councillor Robinson to the Taskforce and noted that Councillors Donnelly and Robinson did not vote in favour of the creation of the Taskforce and queried in the interests’ of clarity if Councillor O’Reilly would be taking his place on the Taskforce.

In response, Councillor O’Reilly stated that he sought clarity regarding the principles of the Taskforce as Council had supported the motion to oppose all cuts and if that was not the foundation of the Taskforce, he would not be taking his place.

18 Page 18 Councillor Cusack referred to remarks made by Councillor McGinley and stated that Sinn Féin, the DUP and the Alliance voted for Welfare Reform and budgetary cuts. She referred to the mitigation package and stated that Sinn Féin had still not answered her question regarding securing mitigation after March 2020. She described the press articles released by Sinn Féin condemning the welfare cuts as hypocritical adding that the reality was they had voted for them to be implemented in Northern Ireland.

Councillor Gallagher stated that Sinn Féin had accepted the mitigation package in order to bed in Conservative Government policies. He referred to the Auditor’s Report which stated that £136m was not availed of and the report concluded that those cuts would not save money and were not likely to save money and suggested that Sinn Féin change its policy.

Councillor Donnelly stated that he wished to clarify a matter for Councillor McGinley. He stated that the taskforce would include members of Sinn Fein and the DUP which was an affront as they had voted in favour of Welfare Reform.

Councillor Logue stated that in 2014, five main parties committed to adhere to the parity principles regarding Welfare Reform and agreed on a strong mitigation package of £560m over six years being brought forward. She outlined that after some debate the Fresh Start Agreement was introduced which secured £580m over four years. She referred to the Evason report of 2015 which had formed the basis for the £580m which had been broadly welcomed by the SDLP. She stated that although SDLP opposed Welfare Reform, there were no amendments to the report by the SDLP to oppose it at that time. She suggested that the SDLP take a refresher course on how Welfare Reform was first introduced. She referred to the Department for Social Development Minister Margaret Ritchie who was also a Member of the SDLP who had been involved in the introduction of Employment and Support Allowance (ESA) and ATOS, who were responsible for ‘fit to work’ tests in 2007.

Councillor Tierney referred to remarks made by the previous speaker and stated that the Welfare Reform Bill which she referred to was a completely different bill with the Labour Government. He outlined that there were 27 amendments made to the Welfare Reform Bill and SDLP were working to change the Bill. However Sinn Féin became partners

19 Page 19 with the DUP and the Alliance Party therefore SDLP voted against it. He stated that Sinn Fein had to take notice of the effect of that Bill on the people of Northern Ireland.

Councillor Duffy stated that the Conservative Government were implementing Welfare Reform regardless of the Sinn Féin vote, therefore a mitigation package of £580m was secured. She further stated that the SDLP had now aligned with Fianna Fail, a party responsible for making devastating welfare cuts throughout the Republic of Ireland and pointed out to Councillor Tierney that the SDLP was now in partnership with a right-wing party.

Councillor Robinson referred to the slashing of 20,000 frontline service jobs which had a devastating effect and this happened as result of the Fresh Start Agreement which Sinn Féin signed up to.

Councillor O’Reilly reiterated that he sought clarity regarding the principles of the taskforce as the forefront for the group had to be the corporate position of Council to oppose welfare reform and which also called for the reversal of the cuts.

In response, the Director of Health and Community outlined that the first meeting of the taskforce would agree the terms of reference and also the agenda going forward. She said that the Chair of the Health and Community Committee had stated that Committee understood the corporate position of Council and would therefore proceed on that basis.

The Mayor then called for a short recess.

C28/19 Update Report on Request for Spectator Stand at Melvin Arena Pitch

Prior to the Head of Community Development and Leisure furnishing Members with details of the report he advised that there was additional information regarding a possible supplier from the Northern Ireland Football League, with a possible nugatory expenditure for Council. He stated that the figure contained within the report of £300,000 could be reduced to a new figure of approximately £170,000 to £200,000. He outlined that this would be on the basis that Council staff facilitated the stand being assembled with a number of Council staff being fully trained.

20 Page 20 The Head of Community Development and Leisure then provided Members with an update on all of the options available for works required at Melvin Arena to ensure compliance with the Irish Football Association’s (IFA’s) Championship/Premier Intermediate League Criteria. He stated that in addition, correspondence had been received from concerned residents who had set up a steering group in order to receive updates or proposed changes regarding the long term proposals. He stated that they expressed concerns particularly regarding parking and also the lack of consultation on the matter. He stated that officers would engage with residents once a recommendation had been agreed upon.

The Mayor thanked the Head of Community Development and Leisure for presenting the report in such a short timescale.

Councillor Gallagher stated that he appreciated the turnaround for the report had been very short. He then sought clarification regarding the spectator capacity and stated that 500 may have a negative impact on the report as the criteria had specified a spectator stand with a capacity for 200. He stated that negotiations had been taking place for some time with the local GAA club who had agreed that Strabane Athletic Football Club could use their grounds, however this was omitted from the report. He referred to the concerns raised regarding car parking and stated that there would only be an impact if the 500 capacity spectator stand was recommended. He indicated that Strabane Athletic had engaged with other users of Melvin Arena who had agreed to facilitate the process of obtaining a spectator stand. He proposed that an emergency site meeting take place at Melvin Arena and Pitch involving all user groups and stakeholders with a view to supplying the spectator stand and to ensure that the criteria meets IFA standard.

Continuing, Councillor Gallagher stated that the Strabane Athletic Football Club had received a number of quotes in respect of a spectator stand which were considerably cheaper than that stated within the report. He stated that a site meeting would put Members in a better position to make a decision.

In response to a query by Alderman McClintock, the Mayor stated that a planning application had not been submitted regarding the matter under discussion therefore there was no need to make a declaration of interest.

21 Page 21 Councillor P Kelly thanked officers for the report which had been put together very quickly. He referred to the car parking issue and advised of spaces available at the Upper Main Street car park located a few hundred yards from Melvin and also the GAA car park. He suggested that Council look at options to purchase a spectator stand as it would be cheaper and therefore less of a burden on ratepayers. He stated that it was his understanding that the spectator capacity of 500 included the entire arena and not for seated spectators. He concurred with Councillor Gallagher that a meeting be held as soon as possible to have the matter resolved.

In response, the Head of Community Development and Leisure stated that IFA criteria stated that the ground must have a maximum capacity of 500 to include 200 seated with a number of disability compliant seats with a terrace. He outlined that a planning application would have to be submitted based on 500 spectators. He stated that in terms of the cost and the nugatory expenditure, the initial stand and hiring of the stand would be less than £30,000 with additional erection and dismantling costs on a fortnightly basis. He advised that further infrastructure also had to be in place such as toilet facilities, a control room, changing facilities and substantial works would have to be carried out to meet IFA criteria along with planning regulations including car parking. He then advised that different options would have to be considered in respect of purchasing a spectator stand. He outlined that if rented the price would be maintained at under £30,000, however to purchase may go over that amount. He added that in addition, if a decision was made to purchase a stand, public advertising would be required, therefore the ground would not be ready in time to meet IFA criteria.

Councillor Tierney thanked officers for compiling the report in such a timely manner. He queried what level of engagement officers have had with user groups as Councillor Gallagher had referred to agreements that had been put in place to mitigate some of the concerns that had been raised. He stated that an emergency site meeting was important to outline the process and how a conclusion would be reached.

Councillor McMahon also thanked staff who put together a very comprehensive report and stated that there may be elements still be added. He stated that the focus at the previous meeting was to obtain a spectator stand for Strabane Athletic Football Club, however after looking at all of the factors for consideration in the report, it was

22 Page 22 obvious of the considerable amount of work still to be carried out. He stated that no matter how much was spent, if the facility did not meet the criteria set out by the IFA it was worth nothing. He added that he concurred with the previous speakers and supported the proposal for an urgent site meeting and asked that the site meeting be arranged for the afternoon so he could attend.

Alderman Hussey concurred with the remarks made by the previous speaker. He stated that when he had attended a meeting of the club he was under the impression that some of the issues contained within the report had been resolved. He stated that it was a major project and that recommendation 5.2 combined with the proposal for an on-site meeting was required. He felt that the kingpin in the matter was the importance of the football league being in attendance at the site meeting. He added that it was important to note the other clubs throughout the City and District who may subsequently request similar support.

Alderman Thompson stated that he had previously been involved with Football Clubs throughout the City and District in their development and understood the amount of work required to meet the stipulations set out by a football association. He concurred with the proposal, however it was important to ensure that all relevant parties were present to determine a way forward.

The Mayor stated that from his experience at Derry City Football Club this would be a very complicated process for Melvin Arena and Pitch.

Councillor Gallagher Proposed, Seconded by Councillor P Kelly

That this Council arrange an urgent site meeting to take place at Melvin Arena and Pitch involving all user groups and stakeholders with a view to supplying the spectator stand and to ensure that the criteria meets IFA standard and a further report be brought forward as required following additional clarifications from NIFL, statutory bodies and the views of stakeholder groups and residents.

After voting by a show of hands the result was unanimous and Council

Resolved That this Council arrange an urgent site meeting to take place at Melvin Arena and Pitch involving all user groups and stakeholders

23 Page 23 with a view to supplying the spectator stand and to ensure that the criteria meets IFA standard and a further report be brought forward as required following additional clarifications from NIFL, statutory bodies and the views of stakeholder groups and residents.

The Mayor left the meeting at this point and Alderman Hussey, Deputy Mayor took the Chair.

Notices of Motion

C29/19 Smear Test Screening Policy

Councillor McKnight Moved, Seconded by Councillor Logue

That Derry City and Strabane District Council recognises that cervical cancer is one of the most preventable cancers in women. And as such will write to the Permanent Secretary for Health and to the Minister for Health in the 26 Counties urging them to reconsider their screening policy. We believe in addition to population screening, a smear test should be available to any female, regardless of age, if they request it. #smearondemand

Councillor Dobbins suggested that the motion include the requirement that laboratories be compelled to analyse the samples for women of all ages as even though the GP carried out a smear test the laboratory could refuse to test it.

The Deputy Mayor stated that her remarks may be included in the correspondence.

After voting by a show of hands the result was unanimous in favour of the motion.

Subsequently Councillor McKnight Moved, Seconded by Councillor Logue and the Council

Resolved Derry City and Strabane District Council recognises that cervical cancer is one of the most preventable cancers in women. And as such will write to the Permanent Secretary for Health and to the Minister for Health in the 26

24 Page 24 Counties urging them to reconsider their screening policy. We believe in addition to population screening, a smear test should be available to any female, regardless of age, if they request it. #smearondemand

C30/19 Opposition to the Development of a Goldmine and Processing Plant in the Sperrins

Councillor McMahon Moved, Seconded by Councillor R McHugh

That this Council opposes plans to develop a goldmine and processing plant LA10/2017/1249/F in the Sperrins and wider region. Given the serious health and environmental risks involved, this Council is opposed to the use of cyanide for mining purposes, which also contravenes the European Parliament resolution of 27 April 2017 on the implementation of the Mining Waste Directive (2006/21/EC).

Alderman Thompson sought clarification on the matter as a planning application has been indicated in the body of the motion and stated that Members of the Planning Committee may have to declare an interest.

The Lead Legal Services Officer advised that this particular planning application was made to the Department of Environment, therefore the Council had no decision making function in respect of the application.

Alderman Devenney left at this point in the meeting.

Councillor Gallagher Proposed an Amendment, Seconded by Councillor Donnelly

25 Page 25 This Council further opposes the current legislative practice in the North which allows prospective gold mining companies to undertake widespread exploratory drilling without the need for planning permission or consultation with the public. This Council supports the call for communities in the Sperrins and across all other Council areas to remove these Permitted Development Rights from Part 16 of the Planning (General Permitted Development) Order (Northern Ireland) 2015.

Councillor Jackson requested legal clarification on the Amendment and asked if it would apply to all permitted developments throughout the Sperrins or any other application.

In response, the Lead Legal Services Officer advised that the Amendment referred to Part 16 of the Planning (General Permitted Development) Order (Northern Ireland) 2015 and part 16 of the schedule of that order dealt solely with mineral exploration and listed three specific types of development which can be carried out under permitted development for a period of four months or less – drilling, bore holes and carrying out site surveys for the meaning of excavations for the purposes of mineral exploration.

Councillor R McHugh outlined the Planning Legislation cited in the Amendment which, in his opinion would have implications for Members of the Planning Committee.

In response, the Lead Legal Services Officers stated that whilst he appreciated the point, in this instance the Amendment was specifically calling for a change to legislation which was an issue in the interim period that Council would have to be cognisant of the current legislation, therefore the Amendment held no implications for the Planning Committee at this time.

After voting on the Amendment by a show of hands the result were as follows:

For the Amendment -26; Against – 5; Abstentions -1.

The Amendment was therefore carried and became the Substantive Motion.

Councillor Gallagher Proposed, Seconded by Councillor Donnelly

26 Page 26 That this Council opposes plans to develop a goldmine and processing plant LA10/2017/1249/F in the Sperrins and wider region. Given the serious health and environmental risks involved, this Council is opposed to the use of cyanide for mining purposes, which also contravenes the European Parliament resolution of 27 April 2017 on the implementation of the Mining Waste Directive (2006/21/EC).

This Council further opposes the current legislative practice in the North which allows prospective gold mining companies to undertake widespread exploratory drilling without the need for planning permission or consultation with the public. This Council supports the call for communities in the Sperrins and across all other Council areas to remove these Permitted Development Rights from Part 16 of the Planning (General Permitted Development) Order (Northern Ireland) 2015.

After voting by a show of hands on the Substantive Motion the results were as follows:

For – 26; Against – 5; Abstentions – 1.

The Substantive Motion was therefore carried.

Subsequently Councillor Gallagher Proposed, Seconded by Councillor Donnelly and the Council

Resolved That this Council opposes plans to develop a goldmine and processing plant LA10/2017/1249/F in the Sperrins and wider region. Given the serious health and environmental risks involved, this Council is opposed to the use of cyanide for mining purposes, which also contravenes the European Parliament resolution of 27 April 2017 on the implementation of the Mining Waste Directive (2006/21/EC).

This Council further opposes the current legislative practice in the North which allows

27 Page 27 prospective gold mining companies to undertake widespread exploratory drilling without the need for planning permission or consultation with the public. This Council supports the call for communities in the Sperrins and across all other Council areas to remove these Permitted Development Rights from Part 16 of the Planning (General Permitted Development) Order (Northern Ireland) 2015.

C31/19 Domestic Violence

Councillor Dobbins Moved, Seconded by Councillor Cusack

That this Council recognises that the trend of domestic violence is prevalent throughout Ireland and worldwide and that we join the call for an end to domestic violence in all forms and societies and that this Council is committed to working in partnership with statutory, voluntary and community organisations to prevent domestic violence and reduce the harm it causes to individuals, families and the community as a whole.

After voting by a show of hands the result was unanimous.

Subsequently Councillor Dobbins Moved, Seconded by Councillor Cusack and the Council

Resolved That this Council recognises that the trend of domestic violence is prevalent throughout Ireland and worldwide and that we join the call for an end to domestic violence in all forms and societies and that this Council is committed to working in partnership with statutory, voluntary and community organisations to prevent domestic violence and reduce the harm it causes to individuals, families and the community as a whole.

C32/19 Derry City Football Club

Councillor Carr Moved, Seconded by Councillor Robinson

28 Page 28 That this Council recognise and celebrate the achievement of Derry City Football Team of 1988/1989 on the 30th anniversary of them winning the Treble in the League of Ireland.

Also that this Council calls a Special Meeting of Council to discuss conferring the Freedom of the City on Mr Jim McLaughlin, Manager of the 1988/1989 Derry City FC Team.

After voting by a show of hands the result was unanimous.

Subsequently Councillor Carr Moved, Seconded by Councillor Robinson and the Council

Resolved That this Council recognise and celebrate the achievement of Derry City Football Team of 1988/1989 on the 30th anniversary of them winning the Treble in the League of Ireland.

Also that this Council calls a Special Meeting of Council to discuss conferring the Freedom of the City on Mr Jim McLaughlin, Manager of the 1988/1989 Derry City FC Team.

Councillor P Kelly left the meeting at this point.

Open for Information

C33/19 Responses to Motions

The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to Motions passed by Council. Councillor M McHugh referred to correspondence received from the Office of the Tánaiste regarding Council’s motion calling for a border poll. He then referred to points in the letter wherein the call for such a poll was deemed to be destructive or disruptive and stated that he could not think of anything more destructive or disruptive than those comments with the impending Brexit. He stated that it may be the position of that government at the present time, however a change was

29 Page 29 taking place in the North of Ireland due to the implementation of Brexit where young people are looking to their future aspirations. He referred to a recent meeting in Belfast which was well attended and that young people in particular had expressed their fears and anxieties regarding Brexit. He stated that the border poll would open up a debate and give everyone a say and enable them to make a decision on the matter. He expressed disappointed in the remarks throughout the correspondence and that aspirations for a border poll was the result of decisions being made on behalf of the people by the European Union.

Alderman Warke and Councillor Cusack left the meeting at this point.

C34/19 Resolutions from Other Councils

The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to resolutions from other councils. Councillor Campbell welcomed the correspondence from Donegal County Council and described them as neighbours who had recognised as this Council had recognised, the necessity for the Irish Language Act in the six counties. He stated and it was this corporate body’s position that Irish rights were the rights of everyone and it was important to protect them.

C35/19 Correspondence The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received by Council. Members were asked to note the contents of the report.

C36/19 Sealing List – January 2019 Councillor Hastings Moved, Alderman McClintock Seconded and the Council Resolved that the seal of the Council be affixed to the following documents Sealing List January 2019

Document Sealed 18 December 2018

30 Page 30 Agreement:- Department for Regional Development ~and~ Derry City and Strabane District Council relating to Winter Gritting.

Documents Sealed 4 January 2019

Articles of Agreement in duplicate:- Derry City and Strabane District Council ~and~ Pat Doherty Limited relating to Servicing, Maintenance and Erection of Dog Fouling Bins – T ENV18-091

Documents Sealed 11 January 2019

Section 76 Planning Agreement in triplicate:- Derry City and Strabane District Council of the first part, Most Reverend Dr Seamus Hegarty, Most Reverend Francis Lagan, Rt Reverend Joseph Donnelly, Reverend Neil C MGoldrick and Reverend PTI McQuillan of the second part and JTJ (Thornhill) Limited of the third part relating to lands at Thornhill College, Culmore Road, Derry.

Documents Sealed 31 January 2019

Grants of Right of Burial in Ballyoan Cemetery

Mr Peter Walker, 4 Ripley Court, Nottingham, NG6 8EL. Ms Sonia Rosborough, 7 Ramore Avenue, Portrush, BT56 8BB. Mrs Maud Fleck, 170 Lincoln Courts, L’derry, BT47 5NX. Mr Jimmy Brewer, 26 Cawhill Park, L’derry, BT47 6LU. Ms Emma Spiers, 23 Abbeydale, Waterside, BT47 6YY. Mr Philip Torrens, 10 Claragh Crescent, Strathfoyle, BT47 6XQ. Eilis Desmond, 4 Troy Park, Derry, BT48 7RL. Mrs Bridie Doherty, 131 Rossdowney Road, Ballyoan, BT47 5SU. Mrs Eilish Phillips, 4 Griffith Park, Culmore Road, Derry.

31 Page 31 Grants of Right of Burial in City Cemetery

Mrs Margaret Meehan, 192 Ardgrange, Derry, BT48 0SH. Mrs Geraldine Harrison, 44 Glenbank Road, Derry, BT48 0BD. Mrs Joanne Ceulemans, 16 Glencaw Park, Derry, BT48 8LR. Mrs Ann Bonner, 16 Norburgh Park, Derry, BT48 0RG. Mrs Ann Friel, 6 Fergleen Park, Derry. Mr Declan Bannigan, 513 Garfield Street, Oceanside, CA 92054. Mrs Marie Hickey, 40 Gleneagles, Derry, BT48 7TE. Mr James McCormick, 9 Carrickreagh Gardens, Derry, BT48 9UB. Mrs Ann Lynch, 8 St Johns Park, Derry, BT48 8AN. Mrs Mary Brennan, 2 Ardnamoyle Park, Derry, BT48 8HN. Mrs Katrina Nash, 23 Argyle Terrace, Derry, BT48 0DL. Mrs Marie Brown, 88 Carnhill, Derry, BT48 8BQ. Ms Laura Street, 43 Old City Court, Derry. Ms Donna Tyre, 70 Earhart Park, Derry, BT48 8FN. Mrs Kathleen Williamson, 400 Carnhill, Derry. Mr Michael Parkhouse, 5 Gweebarra Park, Derry, BT48 0EE. Mrs Gemma Duffy, 34 Baronscourt, Derry, BT48 7RH. Mrs Patricia Cassidy, 13 Fortfield Avenue, Derry. Ms Stacey Johnston, 51 Benview Estate, Derry. Mr William Liam McCartney, 61 Donald Casey Court, Derry, BT48 8SG. Patricia Cassidy Deeney, 14 Carranbane Walk, Derry, BT48 8HU. Mr Robert Gurney, 115 Bloomfield Park, Derry, BT48 8HA. Mr Joe Heaney, 44 Culmore Park, Derry. Mr Gerard Kennedy, 96 Elmgrove, Derry, BT48 8QE. Mr Eamon Gallagher, 22 Brookhill, Culmore, Derry, BT48 7AN.

32 Page 32 Mrs Betty Beattie, 86 Hatmore Park, Derry, BT48 0QJ. Mr Gerard McMonagle, 21 Mount Vernon, Culmore, Derry. Mr George Campbell Snr, 24 Dunraven Park, Derry, BT48 0NP. Mr Gerry McCarron, 6 Cecilias Walk, Derry, BT48 9JR. Mr Neil Hargan, 4 Allingham Close, Ballymagroarty, Derry, BT48 0QQ. Mr Phil McGuinness, 138 Beechwood Avenue, Derry, BT48 9LT.

Grants of Right of Burial in Claudy Cemetery

Mr Neville McCorkell, 4 Goshaden Cottages, Ardmore, L’derry, BT47 3TF.

C37/19 Local Government Act (Northern Ireland) 2014 – Confidential Business

Councillor Hastings Moved, Councillor Dobbins Seconded and the Council

Resolved that in accordance with Section 42, Sub Sections (2) or (4) of the Local Government Act (Northern Ireland) 2014, the press and members of the public be asked to withdraw whilst the Council discuss the following matters: (a) Adoption of the Confidential Minutes of the Meeting of Derry City and Strabane District Council held on 13 December 2018; (b) Adoption of the Confidential Minutes of the Special Meeting of Derry City and Strabane District Council held on 14 January 2019; (c) Adoption of the Confidential Minutes of the Special Meeting of Derry City and Strabane District Council held on 24 January 2019 (d) Adoption of the Confidential Minutes of the following Committees:

33 Page 33 (i) Monthly Governance and Strategic Planning Committee held on Tuesday 8 January 2019. (ii) Monthly Planning Committee held on Wednesday 9 January 2019. (iii) Monthly Business and Culture Committee held on Tuesday 15 January 2019. (iv) Monthly Environment and regeneration Committee held on Wednesday 16 January 2019. (v) Monthly Health and community Committee held on Thursday 17 January 2019.

The Meeting then went into Confidential Business

34 Page 34 Agenda Item 8

Derry City and Strabane District Council

Open Minutes of Special Meeting of Derry City and Strabane District Council held in the Council Chamber, Guildhall, Derry on Monday 4 February 2019 at 4.30pm.

______

Present:- Councillor Boyle (Mayor) (in the Chair), Aldermen Bresland, Devenney, Hussey, Kerrigan, McClintock, Ramsey, Thompson and Warke, Councillors Campbell, Carlin, Carr, Cooper, Cusack, Dobbins, Donnelly, Duddy, Duffy, Fleming, Gallagher, Hastings, Jackson, D Kelly, P Kelly, Logue, McGinley, McGuire, M McHugh, McKeever, McKnight, McMahon, Mellon, Reilly, Robinson and Tierney.

In Attendance:- Chief Executive (Mr J Kelpie), Director of Environment and Regeneration (Mrs K Phillips), Director of Health and Community (Mrs K McFarland), Lead Finance Officer (Mr A Dallas), and Committee Services Assistant (Mrs J Short).

______

SC15/19 Notice and Summons for Meeting

The Chief Executive read the Notice and Summons for the Meeting.

SC16 /19 Apologies

Apologies received from Aldermen M Hamilton, R Hamilton and Councillor McLaughlin.

SC17 /19 Declarations of Members Interests

There were no declarations of interest from Members.

Open for Decision

SC18 /19 Lead Finance Officer’s Statement

This year’s rates discussions have resulted in a final rates increase proposal today of 3.46% driven by a number of key financial messages. In very simple terms, the rates increase of 3.46% is made up of 4 elements. 0.11% represents the baseline position, 0.26% disappointingly relates to further Central Government Grant cuts and 0.64% relates to investment in new services and initiatives. The remaining 2.45% is targeted completely towards investment in growth

1 Page 35 and capital development closely aligned to Council’s ambitious City Deal proposition. The baseline rates increase of 0.11% represents a range of statutory pressures which have been mostly offset by our rate-base growth and continued efficiency programme. In particular, nationally agreed pay awards, pay alignment and pension increases have presented a significant challenge in this year’s rates. Increased provision has also been made for increased waste collection and disposal costs due to the increased development and number of properties in our District and increased contract costs. This is a significant cost for Council, representing over 12% of our global budget, and a continued focus on recycling and composting is required to ensure these costs are minimised going forward and required targets are met. Other inflationary increases have been absorbed into existing budgets with minimal impact on rates. These pressures have been offset by the continued positive domestic and business growth in our area and our efficiency plan which has now realised £3.108m of efficiencies. We will continue to seek all opportunities for further efficiencies to free up further funds for growth and investment. Our benchmarking analysis against other Councils provides assurance that our core services represent value for money and shows that access to core Council services, e.g. leisure are much less expensive in this area in comparison to the rest of Northern Ireland. It is also clear that this Council makes significant additional investment in areas of growth such as festivals and events, tourism and capital development, and in areas of need such as community services. The key message from this year’s budget is the additional 2.45% rates investment to provide the additional resources and capital match funding required to drive forward Council’s City Deal proposition and strategic capital projects. Subsequent to the publication of the Strategic Growth Plan in November 2017, Council has been working closely with our statutory partners in advancing with a very ambitious City Deal proposal to progress a range of innovation, infrastructure, regeneration and skills projects which will transform our City Region. Following extensive work, the Chancellor announced in the Autumn budget that negotiations would begin with Derry Londonderry and Strabane for a City Deal. The proposals include our strategic leisure aspirations and ambitious town centre regeneration projects in both Derry and Strabane. As these negotiations progress, this year’s rates proposal will provide Council with the necessary staffing resources and capital funds of £20m to provide the required leveraged funding and bring these key catalyst projects to fruition.

2 Page 36 This new investment is in addition to an already approved £120m programme of community investment projects which Council has either already completed since 2015 or is progressing. These include an extensive programme of parks and greenway development and community centre refurbishment projects. The investment made by this Council over the past few years is paying dividends in terms of rate- base growth and employment. Continued investment in growth is therefore critical. Demand for new Council services and initiatives continues to grow. 0.64% of this year’s rates increase will provide number of new services development initiatives including additional park rangers during the summer months to combat anti-social behaviour, investment to enable litter cleaning along rural roads, additional investment in Christmas lights in rural areas, free wifi access across Council leisure facilities, additional investment in Destination marketing, a new cultural organisations fund and additional investment in our internationally renowned festivals and events programme. The most challenging and disappointing aspect of this year’s rates is the forecast Central Government grant cuts which have had a direct impact on our rates proposals of 0.26%. These relate mainly to a further forecast 4% Rates Support Grant cut, a grant which is targeted towards the less wealthy Councils with the highest levels of deprivation. Rates Support Grant is an investment and leverage tool, a means by which the 7 district councils with lower rates bases receive a critical investment contribution towards creating growth through enterprise and achieving greater equality of service provision and facilities. Cumulatively, the Council has now lost out on £421k of Rates Support Grant since cuts commenced in 2016/17, income which could have delivered a further minimum £6m of capital investment or investment in other strategic priorities identified in our Strategic Inclusive Growth Plan. The District rates increase of 3.46% will mean an increase of £15.58 per annum or 30p per week and will see the average domestic District rates bill increase to £465.88. Rates are calculated based on pence rate x property valuation. On the basis of the average property valuations being lower than in other Council areas, the average ratepayer in the Derry City and Strabane District Council area will continue to pay lower rates bills than average ratepayers in the majority of other Council areas.

3 Page 37 SC19/19 Chief Executive’s Statement

Today, Derry City and Strabane District Council agrees its budget for the incoming 2019/20 financial year, a budget which will continue to drive growth and investment in the City and Region, a budget which will continue to deliver on our strategic capital aspirations and a budget which will provide funding to further progress our ambitious City Deal proposition. Of the agreed 3.46% District rate increase, 0.37% represents unavoidable statutory pressures whilst 3.11% represents investment in new services and initiatives and strategic projects with the aim of driving continued growth in our City Region. Essentially, in the absence of growth investment, Council would be striking a rate today significantly lower than inflation. This has been enabled by an ongoing efficiency programme in which Council has now delivered and achieved almost £3.108m of savings to its annual revenue budget. Since the inception of the new Council, investment in festivals and events, culture and tourism, our ambitious capital plan and community services has contributed to continued domestic and business growth. 767 new residential properties have been occupied over the past year and business growth continues above the Northern Ireland average, representing new investment and business expansion across the Council area. Moving forward, the picture is positive with a continued increase in planning and building control applications and a pipeline of new projects of scale and ambition including the continued development of the Ebrington site, Fort George and ongoing expansion of Magee University. The numbers today unemployed in this Council area have fallen from their peak in August 2013 of 8.7% to 4.8% - this equates to a decrease of 3,701 individuals over the period or a fall of 44% in the claimant count. This upturn in our economic fortunes is also reflected in the numbers employed within the district which has risen in 2013 from 50,253 to 55,821 in 2017 a significant increase in employment of 5,568 or 11.1%. The further Central Government budget cuts that are anticipated by Council as part of this year’s budget process are extremely disappointing. In particular, continued anticipated cuts to the rates support grant have had a direct rates impact of 0.26%. These cuts curtail the ability of those councils with lower rate-bases and higher levels of deprivation to invest in the development of their districts, taking tens of millions of pounds of investment out of 7 of Northern

4 Page 38 Ireland’s 11 councils. It must be a continued priority for this Council to ensure these cuts are reversed. Despite this, the new 2019/20 budget will enable us to continue to deliver high quality services to citizens right across the entire Council area. Council’s key priority this year will be to continue to work with all of our partners and Government departments to deliver on the objectives and targets of the now agreed Strategic Inclusive Growth Plan 2017-2030 – our Council area’s Community Plan. Having already completed £49m of capital projects in the last 3 years, funding has also been set aside by Council to progress a further £70m of projects. 2019 will see advancement of a wide range of exciting capital projects, including:- Progression of 3 significant cross border greenway developments from Derry to Buncrana, Derry to Muff and Strabane to Lifford totalling €20m and local greenway development at Ebrington, Clooney and Kilfennan. Funding decision on significant Peace IV project funding application for the Riverine project in Strabane.

Advancement of a range of Community centre developments at Top of the Hill, Waterside Shared Village, Glenview, Shantallow, Galliagh, Culmore and Ballymagroarty/ Hazelbank.

Continued development of play facilities and spaces at Castlederg, St Columb’s Park, Magheramason, Newtownstewart and Sion Mills.

Development of pitch and 3G facilities at Artigarvan, Leafair/ Corrody Road, Lettershandoney and Ballyfatton along with further extensive development of facilities at Melvin in Strabane. In addition, following the significant announcement by the Chancellor in the Autumn budget, negotiations are now progressing towards a City Deal for Derry Londonderry and Strabane and this year’s rates proposals will provide £20m of investment towards these ambitious proposals and Council’s strategic capital projects. Our significantly advanced proposals provide a strong case for investment in the critical catalyst projects required to transform our City region including:- . The expansion of the University of Ulster at Magee and North West Regional College and associated investment in skills and pathways to employment.

5 Page 39 . Investment in Research & Innovation Assets to international scale (including transformative projects in Healthcare innovation, Industrial Digitalisation, Robotics and Automation and Cognitive Analytics Research).

. Significantly enhancing our external & internal connectivity through the A2 Economic Corridor Upgrade, the development of our Airport & Port and the continued progression of the A5 Western Transport Corridor Upgrade and the A6 Derry to Belfast Road Upgrade.

. Development of our City & Town centres & regionally significant economic sites with major physical regeneration projects in Fort George, Strabane Town Centre and the City riverfront.

. Development of a major tourism attraction.

. Ambitious new Strategic Leisure facilities at both Templemore and in Strabane Town Council will work right across the entire City and District, both urban and rural, with all of its partners and stakeholders, at a Cross Border level through the new North West Partnership arrangements, at National level with Government both North and South through the North West Strategic Growth Partnership and through its many contacts, connections and diaspora at European and International level to drive forward this North West City Region /Council area and to advance and progress all of the objectives of the City and District’s emerging Strategic Growth Plan. The agreed District rates increase of 3.46% representing an increase of £1.30 per month for an average domestic ratepayer, will also ensure continued delivery across all of Council’s front-line services from street cleansing and waste, building control, planning and environmental health, grounds maintenance, parks and cemeteries, leisure, sport, health and community development and support, and vital corporate support services. It will also see a continued impressive cultural and festivals offering and attractiveness to visitors and tourists including the world-renowned Halloween festival, building on the current record levels of hotel occupancy and reflecting our success in hosting internationally renowned events. 2019 will see a dedicated Youth19 programme which will engage and empower our Young People through their participation in an inclusive programme of events and initiatives.

6 Page 40 SC20/19 Mayoral Address

As Mayor, I want to record my thanks to Members and Officers for all their work in what has been a challenging rates process and propose that Derry City and Strabane District Council make and fix a District rate of 31.0748p in the £ for Non-Domestic properties and of 0.4845p in the £ for Domestic properties for the year ending 31st March 2020.

This represents a District Rate increase of 3.46% which will mean that for an average domestic ratepayer in this Council area, the current District rates bill of £450.30 will increase by £15.58 per annum or 30p per week. On the basis of average property valuations being lower than in other Council areas, the average ratepayer in the Derry City and Strabane District Council area will continue to pay lower rates bills than average ratepayers in the majority of other Council areas.

There are again a number of very positive messages from this year’s rates process, in particular that this is again a rates picture of growth and provision of new and enhanced services across the Council area.

Our Inclusive Strategic Growth plan has now been completed which aims to make a thriving, prosperous and sustainable City and District with equality of opportunity for all. Building on the substantial £120m capital investment programme already being delivered by Council, negotiations around our advanced City Deal proposition to deliver the critical catalyst projects within our Strategic Growth Plan are advancing rapidly. 2.45% of the new rate increase will provide Council with £20m of funding towards these ambitious proposals with the aim of levering substantial Central Government investment in a range of innovation, digital, infrastructure, regeneration and skills projects.

Investment in growth has been a key priority for the new Council and it is really pleasing to see the positive impact that this has had, with our domestic and business growth well above the Northern Ireland average and the significant contribution this has made to the fall in unemployment numbers across the City and District.

It is also pleasing to see the continued efforts to drive efficiencies in the new Council, with a further £819k identified in this year’s budget process bringing total efficiencies realised since amalgamation to over £3.1m. Over the past couple of years, this has enabled us to invest in

7 Page 41 our capital pan, our community services provision, festivals and events and cultural venues and contributed significantly to the positive growth indicators we are achieving.

Against this, however, it is very disappointing to note the significant pressures now placed on Councils, in particular the less wealthy and most deprived Councils, where further anticipated Central Government budget cuts to the Rates Support Grant in particular have had significant impact. These cuts have had a direct District rates impact of 0.26% which is very concerning and which this Council, along with the other 6 impacted Councils must continue to vigorously oppose and ensure these cuts are reversed.

On conclusion, I am happy to recommend that Derry City and Strabane District Council make and fix a District rate of 31.0748p in the £ for Non-Domestic properties and of 0.4845p in the £ for Domestic properties for the year ending 31st March 2020.

Councillor McGinley

Councillor McGinley on behalf of his party took the opportunity to thank the Senior Leadership Team for their efforts in presenting the detailed proposal presented to Members today.

He stated that at the outset of the rates estimates process the challenging recommendation that came before Council was a percentage rate increase of 5%. He added that constructive engagement with Officers followed which resulted in the identification of areas to reduce and limit the increase as much as practicably possible, whilst ensuring that there would be no adverse impact on services or Council’s ambitious Capital Investment Programme.

He referred to the inception of the new Council and how his party had endeavoured to strike an annual rate that balanced the need for meeting the statutory pressures and investing in growth without placing unreasonable demands on homeowners and businesses.

He said that when we look at the achievements of Council over the previous 5 years we believe that we have largely succeeded in delivering key projects and initiatives across the entire area and have created an environment which has encouraged investment and

8 Page 42 increased the attractiveness of the region for growing numbers of visitors to the District.

Councillor McGinley further referred to the capital works programme and stated that Council was close to delivering almost £120m worth of projects for the District. He said that Councils investment in events and festivals had placed the Council on the world-wide stage in providing entertainment for our citizens and creating income opportunities for local businesses. He added that this Council in a period of political instability and uncertainty had played a key leadership role in the promotion of the North West region as a place to invest, to visit, to live and to build a future.

He said that his party was committed to ensuring that the positivity of this Council term was built upon in the years ahead and view the striking of the rates as a key step on the continued path of growth and opportunity. He further stated that when they examined the breakdown of the rates proposal the largest part of the statutory pressures came from pay awards and pension costs, however they were content to meet those obligations because it was essential that Council staff and in particular those staff on the lower pay scales were awarded for their efforts. He added that those costs were offset to a significant degree against the efficiencies identified within the budgets and they appreciated the work undertaken by Officers in that regard.

Councillor McGinley said that his party believed that it was important to note that over 90% of the proposed rates increase was based around service developments, new initiatives and in particular the Capital Plan/City Deal investment. He added that their ambition over the course of the next Council term was to deliver strategic projects worth over £220m and such projects included leisure, culture, tourism and town centre regeneration and their completion would significantly enhance the physical and economic landscape within the Council area.

Councillor McGinley concluded by stating that an ambitious programme required significant rates investment however Sinn Fein was committed to providing the strategic leadership required to deliver on these ambitions and it was in the context that they would support the striking of the rates at the recommended figure.

9 Page 43 Councillor McMahon

Councillor McMahon took the opportunity to highlight the many positive developments since the amalgamation of both Councils. He said that it was understandable that the ratepayers and citizens of the former Strabane District Council were apprehensive in moving forward into the new arrangements, however an examination of what has taken place over the previous years dispelled a lot of that concern.

He added that it was encouraging to note the ambitious plans which are in place for the Strabane area in particular and whilst we await the outcome of the Riverine Bid we also anticipate that significant progress can be achieved towards the construction of a state-of-the art leisure facility for Strabane town. He further added that the proposals to develop the Canal Basin and increase connectivity with the construction of a town centre footbridge were also welcomed.

Councillor McMahon stated that DCSDC has endeavoured to progress many legacy and new capital projects resulting in unprecedented levels of investment and increased Festival/Events Funding Grants, which were impossible given the limitations on the financial resources available to the former Strabane District Council. Such investment included the following:

. Approximately £8m towards completed and planned investment at Melvin Sports Complex . Approximately £12m investment towards the completion of the Strahan’s Road, Recycling Centre . Approximately £3.65m investment for the Strabane pedestrian and cycle bridge.

He concluded by stating that as the largest party represented in DCSDC they have demonstrated their commitment to provide the best services, facilities and opportunities possible for its citizens. He added that they believe there is so much more to be achieved and they looked forward with optimism and anticipation to the new Council term.

Councillor Reilly

Councillor Reilly on behalf of his party expressed his appreciation to Officers involved in the rates process throughout the 2018/19 financial year. He said that Officers worked hard to identify efficiencies so to reduce the percentage rate for 2019/20 whilst ensuring that service delivery would continue. He added that the recommended percentage

10 Page 44 figure represented a good balance on service delivery and would make a positive impact for the citizens throughout the whole of the District Council area and encourage people to invest, study and to live in the area.

Councillor Gallagher

Councillor Gallagher commented that despite not being fully supportive of some of the issues within the rates estimates proposals, he was however supportive of the benefits that the regeneration projects and the development of leisure services will provide for the citizens of the District and in particular within Strabane town. He voiced his support of the proposed percentage rate increase.

Alderman Hussey

Alderman Hussey referred to the expression of delight from Members representing Strabane town in relation to funding earmarked towards regeneration projects, community projects and other initiatives. He expressed concern that the wider rural areas within the District would not benefit. He added that whilst he was not opposing the proposed percentage rate increase, he was however concerned that the income was not properly distributed beyond the City and Strabane Town.

Alderman Thompson

Alderman Thompson paid tribute to the Senior Leadership Team and in particular to the Lead Finance Officer and his team for the tremendous amount of work done over previous months. He reflected on the start of the rates proposal process whereby the percentage rate was substantially higher in comparison to the recommendation presented today. He said that the figure represented a fair balance without impacting on service delivery.

Councillor Patsy Kelly

Councillor P Kelly thanked the Officers for the report and for the amount of work completed over previous weeks. He said that whilst he welcomed the investment for Strabane town, he was however concerned that the rural citizens were not getting value for money and were deprived from benefiting from investment within their own area.

11 Page 45 Councillor M McHugh

Councillor M McHugh expressed his disappointment with the negative comments expressed by some Members in relation to the lack of investment in the rural areas. He said that during his time as Mayor, when he represented Council in the rural areas he experienced positive comments from the citizens. He referred to what was in the pipeline for the various towns and villages in terms of regeneration plans. He added that there was a change and Strabane should not be identified as the poor relation and that there was no rural exit so to speak and he would be concerned that a negative message would be portrayed despite the fact that the rates base ensured equal spread amongst the whole of the Council area.

SC21 /19 Striking of the Rate 2019/20

As Chief Financial Officer, in line with section 6 Local Government Finance Act 2011, I am required to report on the adequacy of Council’s reserves for a financial year. With due regard to Council’s in-year positive financial position, the medium term plan and Council’s current General Fund balance of £4,794,901 I confirm that this reserve will be adequate for the financing of Council’s services for 2019/20 and is in line with Department for Communities (DfC) guidance of between 5% and 7.5% of the Net Operating Expenditure.

Further to this, and having considered the detailed report of the Lead Finance Officer, as printed and circulated, on the Rates Estimates for the year ending 31st March, 2020, I recommend that “the Council hereby:-

(i) approves the Rates Estimates for the year ending 31st March, 2020 totalling £61,864,718 and authorises the expenditure included in the said Estimates;

(ii) under and by virtue of the powers contained in Section 3 of the Local Government Act (N.I.) 2011 and Section 112 of the Local Government Act (N.I.) 2014 and by other Acts and Orders hereunto enabling, makes and fixes a District Rate of 31.0748p in the £ for Non-Domestic properties and of 0.4845p in the £ for Domestic

12 Page 46 properties on the rateable value of every hereditament in the district as the respective amounts required to be made by means of each rate in respect of the year ending 31st March, 2020.”

Councillor McGinley moved, Councillor Reilly seconded that Council agrees the aforementioned recommendations as outlined by the Chief Executive.

The outcome of the vote; For 34, Against 0, Abstention 1.

The Meeting ended at 5.15pm.

Signed: - ______

Mayor

Date : - ______

13 Page 47 This page is intentionally left blank Agenda Item 9a

Derry City and Strabane District Council

Open Minutes of Governance and Strategic Planning Committee held in the Council Chamber, Guildhall, Derry on Tuesday 5 February 2019 at 4.00 pm.

Present:- Councillor Hastings (in the Chair), Aldermen Hussey, Kerrigan, Ramsey and Thompson; Councillors Cooper, Duddy, Fleming, Gallagher, M McHugh, McKeever, McKnight, McLaughlin and Tierney.

Non-Members of Committee – Councillors Carr, Donnelly, P Kelly and Robinson.

In Attendance: Chief Executive (Mr J Kelpie), Lead Human Resources Officer (Mrs P Donnelly), Lead Assurance Officer (Mrs D McDonnell), Lead Legal Services Officer (Mr P Kingston), Lead Democratic Services and Improvement Officer (Ms E Cavanagh) and Committee Services Assistant (Mrs T Johnstone). ______

GSP12/19 Notice and Summons for Meeting

The Chief Executive read the Notice and Summons for the Meeting.

GSP13/19 Members Attendance and Apologies

The Chief Executive completed the roll call and no apologies were recorded.

GSP14/19 Declarations of Members’ Interests

Alderman Hussey declared an interest in agenda item 8 - Governance Arrangements.

Open for Decision

Chairperson’s Business

There was no Chairperson’s Business.

GSP15/19 Confirmation of the Open Minutes of the Governance and Strategic Planning Committee Held on Tuesday 8 January 2019

The Open Minutes of the Governance and Strategic Planning Committee held on Tuesday 8 January 2019 (GSP1/19-GSP10/19) were confirmed and signed by the Chair.

Page 49 Matters Arising

There were no matters arising.

GSP16/19 BREXIT – Day One Readiness

The Lead Assurance Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with an update in relation to the ongoing work that is being carried out by Councils to ensure Day One Readiness in the event of a No-Deal Brexit in relation to Council services; and to seek Member’s comments in relation to the risk categories currently being considered.

Councillor P Kelly queried the level of information sharing from central government departments in relation to Brexit. He referred to the key issues within the report and queried if Council still purchased fuel from Donegal. He stated that in the Legacy Strabane District Council the majority of fuel was purchased in Donegal which was cost effective at that time.

In response, the Lead Assurance Officer stated that work was ongoing with the central government departments in relation to the sharing of plans which is currently in the early stages but a framework had been set up for Council to access information and vice versa. She advised that all of Council’s fuel purchased in the North.

In addition, the Chief Executive confirmed that fuel was purchased in Donegal at a point in time when it had made financial sense. However since the amalgamations of both Councils and due to the convergence of financial and other implications, it no longer made financial sense, therefore fuel was purchased in the North.

Councillor McLaughlin stated that although it was extremely difficult to plan for day one readiness, the SDLP endorsed the work undertaken by Council. She expressed concern that with 52 days until the implementation of Brexit, the civil service were only at the early stages of preparation. She stated that the government departments within Stormont had been reticent in making preparations as a result of the political difficulties over the past two and a half years, which had left the people with no voice. She commended Council’s attempts from

Page 50 the outset to introduce preparation at the early stages, however acknowledged that it was difficult to prepare for the unknown.

Councillor Cooper referred to the comments made by the previous speaker and stated that Martina Anderson MEP had worked towards securing the Special Status which had led to the inclusion of the backstop. He endorsed the recommendations within the report and highlighted Council’s cross-border relationship and Donegal County Council as a key factor in terms of working on anticipated problems in the event of a no-deal Brexit. He further stated that he sought reassurance that sharing of information was taking place between Derry City and Strabane District Council with Donegal County Council and would continue to do so. He added that a tremendous amount of work had been undertaken regarding the cross-border and North West approach regarding Brexit.

In response, the Chief Executive advised that from the outset Derry City and Strabane District Council had taken the lead in working with the business community and the voluntary to consider the wider challenges of the impending Brexit and the impact on the wider North West cross- border Council area. He stated that the report specifically related to Council services for Derry City and Strabane District Council and the eleven Councils throughout Northern Ireland. He stated that it was his understanding that Donegal County Council were also considering the impact of Brexit, specifically on their services and that this Council was sharing information with them in relation to the risk matrix currently being developed. He outlined that there were a number of tiers of work taking place within the matrix which involved working at the wider Council and North West level.

Councillor Gallagher suggested that the eleven Councils plan for a 32 county socialist republic.

The Committee

Recommended that Council note and endorse the work that is ongoing in relation to preparing the Council for Day One Readiness in the event of a No Deal Brexit specifically in relation to the delivery of Council services and functions.

Page 51 GSP17/19 Governance Arrangements

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She stated that the purpose of the report was to advise Members on a range of governance matters to be considered in preparation for the first Annual Meeting of the new Council to be held on 20 May.

Councillor McKeever thanked the Lead Democratic Services and Improvement Officer for the report and welcomed the arrangements regarding rural needs.

Alderman Hussey stated that it was his understanding that the allowance for Vice-Chair was coupled with the Chair of a Committee and sought clarification on the matter. He stated that there was a need for rural needs to be included as a standing committee. He suggested that if Members recommended that the Assurance, Audit and Risk Committee meetings be held bimonthly, an opportunity existed for a standing body within Council on a bimonthly basis to fill that gap and to look specifically at rural needs. He then referred to the recommendation that decision making be delegated to the Chief Executive during the March/May recess. He stated that this was normal procedure, however constitutionally the Mayor was still in situ until the Annual General Meeting on 20 May 2019. He suggested that it would be prudent if the Chief Executive was in consultation with the Mayor during this period.

Councillor Cooper stated that Sinn Féin endorsed the recommendations within the report. He concurred with the recommendation for the Assurance, Audit and Risk (AAR) Committee meetings being held on a bimonthly basis, given the fact that those meetings had been quite short in the recent past. He suggested that a Special AAR meeting be held in the subsequent month if required should particular issues arise. He stated that in terms of the allowance issues, it was the view of Sinn Féin that the chairs and vice chairs of all other committees which fall monthly, that their allowance remain the same due to the similar workload. He supported that the recommendation that the 50% reduction in the allowance of Chair and Vice Chair of the AAR Committee be reallocated to all Members of the Planning Committee given the fact that it has been evidenced from last year, that all Members on that particular committee have had an increased workload due to the amount of planning applications received. He further stated that he welcomed the recommendation

Page 52 regarding the provision for rural needs and sought clarity on arrangements of any additional proposals or suggestions.

In response, the Lead Democratic Services and Improvement Officer stated that she noted the comments from Councillor McKeever regarding rural issues. In response to Alderman Hussey regarding the allowance for chairs and the Deputy-Mayor, she clarified that there was no linking of allowances therefore no decoupling process was suggested.

With reference to the Mayor and Deputy Mayoral allowance, she outlined that the primary purpose was to allow an inflationary increase to allowances which had remained fixed since 2015. She stated that in relation to the recess period, it would be normal practice for the Chief Executive to have delegated powers in terms of decision making. However, in the event of any issues arising which required consultation with Members, the Chief Executive would seek Members views during that recess period. She then referred to the suggestion regarding the formation of a rural committee and advised that this would have an impact on the number of committees and the resulting allocation of Special Responsibilities Allowance.

In addition, the Chief Executive stated that if any significant or controversial issues arose during the recess period, Members would be consulted. He advised that Council could now move forward in terms of setting timeframes and committee schedules and allocating the reduced allowance from AAR to Members of the Planning Committee if Members were in agreement. He further stated that in respect of the suggestions regarding the rural issues, discussions would continue on the matter and a further report would be brought forward as soon as possible.

The Committee

Recommended that Council endorse the existing governance arrangements with exception to the following; (i) the frequency of the Assurance, Audit and Risk Committee is reduced from monthly to bi-monthly to reflect the volume of business and NIAO guidance, (ii) Allowances continue to be allocated on the

Page 53 same basis with the exception to the following; a 50% reduction in the allowances paid to the Chair and Vice Chair of the Assurance, Audit and Risk Committee, and the re-allocation of the resultant available allowances is made to the Members of the Planning Committee and; (iii) The Mayor and Deputy Mayor’s allowances are uplifted in line with the inflationary increase to the basic allowance for the 2015-19 period and are fixed for the next four years; (iv) a further report detailing the allocated allowances to be presented at the March Committee meeting; (v) decision making is delegated to the Chief Executive during the March/May recess period; (vi) the Annual General Meeting of Council (AGM) and all Open Special Council meetings from the AGM to be webcast and (vii) further consideration be given regarding rural issues with a subsequent report to be brought forward.

GSP18/19 Absence Management Update

The Lead Human Resources Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with an update on progress in relation to Absence Management for the 6 month period April 2018 to September 2018.

Councillor McKnight endorsed the recommendation contained in the report and commended Council on the work undertaken regarding absence management which had resulted in a huge reduction in the number of absences. She stated that the introduction of various health and wellbeing programmes for employees had helped towards this

Page 54 reduction and that as a Member of the appeals panel, staff were encouraged to avail of the support on offer.

Alderman Thompson welcomed the report and congratulated officers on their work on absence management and hoped that work would continue to have the absence rate further reduced.

Councillor Tierney welcomed the report and the reduction in absence figures. He concurred with Councillor McKnight’s comments regarding the appeals panel and commended officers on the work undertaken to support staff to ensure that every possible arrangement was available to assist them to return to work and support them during that period. He stated that the SDLP would continue to give officers the needed support and congratulated them on the work thus far towards the reduction but would also like to see it reduced further.

In response to a query from Councillor McLaughlin regarding the new absence policy, the Lead Human Resources Officer stated that the new absence management policy outlined the various stages that an employee with attendance issues goes through. She outlined that the policy allowed staff to be supported throughout the process with various meetings until a final review would occur and at this stage an employee may be terminated. She stated that full support was available throughout the process and that very few employees had reached that final stage. She stated that the policy also outlined the various support mechanisms available such as the Be Well Programme, counselling services and Westfield Health and also the role of managers and how they could support employees.

Councillor Gallagher concurred with the remarks from the previous speakers and congratulated officers on the £300,000 potential savings by Council due to absence management.

Subsequently the Committee

Recommended that Members note the information presented and endorse the approach outlined to continue to manage absence.

GSP19/19 Guidance on ‘Purdah’

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She

Page 55 stated that the purpose of the report was to advise Members of guidance issued by the Northern Ireland Local Government Association in respect of ‘Purdah’; and to seek a change in the March Council meeting date so as to comply with the above guidance.

Subsequently the Committee

Recommended that Members approve the March Council meeting date be rescheduled to take place at 4pm on Tuesday 26 March 2019.

GSP20/19 NILGA Use of Data and Evidence in Community Planning

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to seek Committee approval for Members to attend a free one-day workshop on the Use of Data and Evidence in Community Planning on Friday 15 February 2019 in the Antrim Civic Centre.

Councillor McGuire was nominated by Councillor Cooper.

Councillor Tierney stated that the SDLP would nominate at full Council.

Subsequently the Committee

Recommended that the Committee approve attendance by any interested Member in this event and that such Members contact the Members Services Officer so the necessary arrangements can be put in place.

Open for Information

GSP21/19 Members’ Declaration of Interests

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated for information purposes. She stated that the purpose of the report was to advise Members of enhance procedures associated with Member declaration of interests.

Page 56 Subsequently the Committee

Recommended that Members note the application of these new procedures.

GSP22/19 Proposed Timeframe and Process for Policy on Emblems in the Workplace

The Lead Human Resources Officer presented the above report, which had been previously circulated for information purposes. She advised that the purpose of the report was to update Members on the proposed timeframe and process for the Policy on Emblems in the Workplace.

The Committee

Recommended that Members note the proposed timeframe and process as described within the report.

GSP23/19 Northern Ireland Courts and Tribunal Service Consultation

The Lead Democratic Services and Improvement Officer presented the above report, which had been previously circulated for information purposes. She stated that the purpose of the report was to advise Members on the public consultation by the Northern Ireland Courts and Tribunal Service seeking views on proposals to improve cost recover in the Civil Courts.

Subsequently the Committee

Recommended that Members note the contents of the report.

GSP24/19 Arrangements for Local Government Elections 2019

The Chief Executive referred to the above report, which had been previously circulated for information purposes. He stated that the purpose of the report was to advise Members of arrangements for the Derry City and Strabane District Council Local Government Elections scheduled for 2 May 2019.

Page 57 The Chief Executive referred to 4.2 within the report and stated that the preliminary cost figures were currently under review. He stated that the Northern Ireland Office set the threshold for expenditure and Council was currently liaising with the Electoral Office for Northern Ireland regarding election costs. He informed Members that an update would be provided once details had been confirmed.

Councillor P Kelly referred to Royal Mail postage costs within 4.2 of the report and queried the cost to the ratepayer for the distribution of election literature. He queried why candidates could not pay their own postage costs and that using social media would reduce the expense to ratepayers as the majority of leaflets usually ended up in the recycling bin which was an added cost. He asked for a report outlining the Royal Mail postage costs for candidate literature.

In response, the Chief Executive advised that Council were guided by the Electoral Office in terms of costs. He advised that a costs for postage of candidate literature was agreed by the Electoral Office and a report would be presented to Members in that respect.

The Chairperson stated that as a matter of democracy everyone had the opportunity to view everyone’s information.

Subsequently the Committee

Recommended that Members note the arrangements for the Derry City and Strabane District Council Local Government Elections in May 2019.

GSP25/19 A5 Western Transport Corridor (A5WTC) Dual Carriageway: Scheme Update

The Chief Executive presented the above report, which had been previously circulated for information purposes. He stated that the purpose of the report was to provide Members with an update on the A5 Western Transport Corridor (A5WTC) Dual Carriageway Scheme.

Subsequently the Committee

Recommended that Members note the content of the report and the update on the A5 Western Transport Corridor (A5WTC) Dual

Page 58 Carriageway Scheme provided by the Department of Infrastructure.

The Meeting then went into Confidential Business.

Page 59 This page is intentionally left blank Agenda Item 9b

Derry City and Strabane District Council

Open Minutes of the Planning Committee Meeting held in the Chamber, Guildhall, Derry on Wednesday 6 February 2019 at 2.00pm.

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Present: - Councillor Robinson (Chairperson), Aldermen Bresland, Kerrigan, McClintock; Councillors Dobbins, Hastings, Jackson, D Kelly, Logue, McGuire, McKnight, McLaughlin and Reilly. In Attendance: - Head of Planning (Ms M Fox), Head of Planning Performance and Improvement (Mr E Molloy), Lead Legal Services Officer (Mr P Kingston), Principal Planning Officers (Mrs A McNee, Mrs S McCracken), Senior Planning Officers (Ms S Barrett, Mrs R McMenamin, Mr J Spottiswood), Business Officer (Mrs L McKean), Committee Services Assistants (Mrs J Short & Ms E Bell).

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P20/19 Notice and Summons for Meeting

The Head of Planning read the Notice and Summons for the Meeting.

P21/19 Member Attendance and Apologies

The Head of Planning took the roll call and apologies were recorded from Councillor R McHugh.

P22/19 Declarations of Members’ Interests

Councillor D Kelly declared an interest in planning application LA11/2018/1140/F listed under Agenda Item No. 12: Decisions Issued.

Open for Decision

Chairperson’s Business

P23/19 Planning Applications withdrawn from the List with Recommendation for Decision: LA11/2017/1132/F – Change of use from dwelling to 4 No. apartments at 24 Coshquin Road, Derry. The Chair advised that a site visit request had been received and the above application was deferred on those grounds.

1 Page 61 LA11/2018/0698/O – Proposed erection of dwelling and domestic garage adjacent to and south east of 61 Woodend Road, Strabane. The Chair advised that a site visit request was receivedand the above application was deferred from the schedule for those reasons. P24/19 Planning Meeting Schedule

The Head of Planning confirmed the dates of forthcoming Planning Meetings:

 LDP discussion meeting, Friday 8 February 2019 at 9.45am, Harbour House  Special Planning Committee Meeting, Thursday 14 February 2019 at 1.30pm, Guildhall, Derry  Monthly Planning Committee Meeting, Wednesday 6 March 2019 at 2.00pm, Chamber, Strabane  Monday 25 March 2019 at 2.00pm, Chamber, Strabane (April Meeting)

Councillor Logue took the opportunity to remind Members of the importance to confirm their attendance at all meetings and training sessions. She referred to a recent training session whereby it was poorly attended by Members. She said that this was not good practice in terms of cost effectiveness and time management for the Officers facilitating the event. P25/19 Planning Applications – Late Information Received

The Head of Planning referred to late information received and circulated to Members at the meeting in respect of the following applications included on the list with recommendation for decision. She said that Members would be given the opportunity to review the information prior to presentation of the application by the Planning Officer:  J/2012/0069/F  A/2008/0236/O  LA11/2017/0510/F  LA11/2017/1132/F Councillor McLaughlin joined the meeting at this stage.

2 Page 62 P26/19 Confirmation of the Open Minutes of the Planning Committee held on Wednesday 9 January 2019

The Open Minutes of Planning Committee meeting held on Wednesday 9 January 2019 (P01/19-P16/19) were confirmed and signed by the Chairperson.

P27/19 Matters Arising

There were no matters arising from the minutes.

P28/19 Planning Applications List with Recommendation for Decision

RECONSIDERED APPLICATIONS

J/2012/0069/F - Service road development linking 13 Derry Road with Ingleside Drive, including a mini roundabout on the Derry Road. (Notification re: amended roads plans, Construction Dust Assessment, Noise Assessment and Drainage Assessment) at site adjacent to including and to the rear of 13 Derry Road, Strabane.

The Head of Planning presented the above legacy application details of which had been previously circulated to Members. She advised that in light of late information received it was necessary to defer a decision to allow for further consultation with DfI (Roads).

Councillor Logue moved, seconded by Councillor Hastings to defer the above application to allow for consultation with DfI (Roads).

The Committee

Resolved that planning application J/2012/0069/F be deferred and presented at a future meeting, preferably the Planning Committee Meeting to be scheduled in June 2019.

LA11/2017/0764/F - Change of use to 39 Shipquay Street to provide extension to approved amusement arcade (A/2014/0314/F) at 1-2 Bank Place at 39 Shipquay Street, Derry. LA11/2017/0763/LBC - Change of use to 39 Shipquay Street to provide extension to approved amusement arcade (A/2014/0314/F) at 1-2 Bank Place at 39 Shipquay Street, Derry. The Head of Planning presented the above applications, details of which had been previously circulated to Members. She advised that the applications were returned to Committee following the

3 Page 63 presentation at the previous Planning Committee Meeting, whereby Members voted not to accept the Officer recommendation to approve permission. She said that Officers considered the opinions of Members, however remained of the professional opinion to retain the recommendation to approve the applications. The Members received speaking rights from Ms Kirsty Mairs, who outlined reasons to object to the recommendation to approve planning permission. The Head of Planning clarified for Councillor Logue that Historic Buildings and Monuments were satisfied that the integrity of the building would be protected. Councillor Jackson referred to PPS5 wherein it stated that the Department recognized that town centre management can contribute to the vitality and viability of town centres by generating civic pride and giving confidence to investors and retailors. He said that this type of re-development located within the commercial core of the City in his opinion did not meet the policy criteria. The Head of Planning advised that there was no indication within the PPS5 policy that this particular change of use was not appropriate within town centres or settlements. Councillor Reilly referred to the DCAN 1 (1983) supplementary guidance on Amusement Centres as outlined within the report. He said that the application was contradictory to the guidance because the building was located adjacent to residential property and to an area of historic interest namely theDerry City Walls.

4 Page 64 Discussion ensued after which Councillor Logue moved, seconded by Councillor Reilly not to support the recommendation to approve planning permission due to the following planning refusal reasons: 1. Contrary to DCAN1; 2. Proliferation of amusement arcades; 3. Listed Building concerns on City Walls.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning applications LA11/2017/0764/F and LA11/2017/0763/LBC be refused planning permission due to no demonstrable need and the listed building aspect of the application.

LA11/2018/0325/O - Proposed site for dwelling and domestic garage - dwelling/site at Site adjacent to No. 74 Clooney Road, Campsie, Derry.

The Head of Planning presented the above application details of which had been previously circulated to Members. The application was returned for reconsideration following presentation on 28 November 2018, at which Members voted to defer the application for the submission of further information from the agent.

The Members received speaking rights from Mr Alan Boyle, Agent who outlined reasons to approve the planning application.

The Head of Planning advised that the information from the agent was considered, however the Planning opinion to refuse still remained for reasons as outlined within the report. She urged caution should Members be minded to overturn the recommendation as a serious precedent would be set and would have a negative impact when dealing with similar applications in the future.

Councillor Jackson commented that he was not convinced that the development would result in the loss of zoned industrial land as there was already residential activity on the site.

5 Page 65 Councillor Hastings and Alderman McClintock spoke in support of approval of the application.

Discussion ensued after which Councillor Hastings moved, seconded by Councillor Jackson to overturn the decision to refuse planning permission and for permission to be granted subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the aforementioned proposal.

The Committee

Resolved that planning application LA11/2018/0325/O be approved planning permission subject to conditions as outlined within the report.

LA11/2018/0482/O - Erection of farm dwelling and domestic garage – 285m north east of 15 Barleyhill Road, Castlederg.

The Head of Planning presented the above application details of which had been previously circulated to Members. She advised that the application had been returned to Committee following presentation at the meeting on 9 January 2019 wherein Members voted not to accept the officer recommendation to refuse. She confirmed that Officers remained of the opinion to refuse planning permission for the reasons as outlined within the report. However if Members were minded to overturn the planning decision then draft conditions had been included within the report for consideration.

Councillor McGuire moved, seconded by Alderman Kerrigan to overturn the planning opinion and for condition No. 4 to be removed from the conditions list.

The outcome of the vote; For 9, Against 0, Abstention 3. The proposal was carried.

The Committee

Resolved that planning application LA11/2018/0482/O be approved planning

6 Page 66 permission and for condition no. 4 to be removed from the list.

NEW APPLICATIONS

A/2008/0236/O Site for residential development at Elagh Road/Buncrana Road, Londonderry. North/North East of the Cosh Bar and Grill.

The Senior Planning Officer presented the above planning application details of which had been previously circulated to Members. She provided an overview on the background to the application and based on material consideration and in line with planning policy recommended a refusal for reasons as outlined within the report.

The Members received speaking rights from Mr Kenny Burke, agent who outlined reasons to approve planning permission.

The Head of Planning in response to queries raised by Alderman McClintock advised that if Members were minded to defer the application that it would be beneficial for an Official from DfI (Roads) to be present when the application is returned for consideration.

Councillor Dobbins joined the meeting at this stage.

Discussion ensued after which Councillor McKnight moved, seconded by Councillor Hastings that the application be deferred to allow for a site visit and for a DfI (Roads) Official to be in attendance at the site meeting and also when the application is returned to Committee.

The Committee

Resolved that planning application A/2008/0236/O be deferred to allow for a site visit and for an Official from DfI (Roads) to be invited to attend both the site visit and Committee Meeting.

7 Page 67 LA11/2016/0782/F - Demolition of existing office block and construction of 4 houses & 15 apartments with associated parking and landscaping (Amendment to previous scheme approved under A/2009/0632/F to re-orientate 4 houses to include 7 additional apartments (incl design amendments) at 19 Main Street, Muff, Eglinton.

The Principal Planning Officer presented the above application details of which had been previously circulated to Members. She provided detail on the background to the application and based on material consideration and in line with planning policy recommended an approval subject to the conditions as outlined within the report.

The Members received speaking rights from Ms Gemma Jobling who outlined reasons to approve planning permission.

Councillor Hastings moved, seconded by Alderman McClintock to support approval of the application, subject to the conditions as outlined within the report.

The Committee

Resolved that planning application LA11/2016/0782/F be approved planning permission subject to the conditions as outlined within the report.

LA11/2017/0510/F - Proposed retention of underground slurry collection chamber, proposed pipework, safety fence and landscaping at Lands approximately 40 metres west of 24a Evish Road, Strabane, Co Tyrone.

The Senior Planning Officer presented the above application details of which were previously circulated to Members. She provided an overview of the background to the application and based on material consideration and in line with planning policy recommended a refusal for reasons as outlined within the report.

Members received speaking rights from Mr Patton who outlined reasons to object the application.

8 Page 68 Members received speaking rights from Mr Declan McAleer, MLA and Mr Gavin McGill, Agent who outlined reasons to support the application.

The Principal Planning Officer clarified for Councillor D Kelly that they are content that odour issues would be addressed, however the fundamental issue for refusal was based on the need for the underground tank as it was not clearly demonstrated that there are no alternative buildings on site.

Councillor McGuire commented that the applicant had taken mitigating measures to address the issues and in his opinion the existing tank cannot be used again and the retention of an underground slurry collection chamber was the most suitable alternative due to restricted capacity on the farm holding.

Discussion ensued after which Councillor Jackson moved, seconded by Councillor Hastings not to accept the recommendation to refuse planning permission.

The outcome of the vote; For 10, Against 2, Abstention 1. The proposal was carried.

The Committee

Resolved not to support the recommendation to refuse planning application LA11/2017/0510/F. The application would be returned for reconsideration at next month’s Committee meeting.

9 Page 69 LA11/2017/0849/RM -Residential development comprising 263 units; 97 no. apartments, 166 no. 2 Storey Dwellings and associated landscaping/ open space, parking, and roads. (Phase 1 East of Zoned H1B development) at H1B Lands - Phase 1 East south of Beragh Hill Road and north of Skeoge Link Road, Galliagh, Derry.

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a brief overview of the application and provided a recommendation to grant planning permission, subject to the conditions as outlined within the report.

The Agent, Ms Jobling addressed the Committee on behalf of the applicant in support of the application.

Councillor Dobbins expressed her support for the application and stated that it provided much needed for housing for the area.

The Chair concurred with Councillor Dobbin’s comments.

Councillor McKnight expressed her excitement for this application to be presented to the Committee and commended the work of Apex housing association in developing social housing. She particularly thanked Mr Kelly, who had progressed many social housing projects and wished him well in his retirement. A Mayoral recognition was suggested.

Councillor Dobbins moved, seconded by Councillor McKnight to grant approval of the application, subject to the conditions as outlined within the report.

The Voting was unanimous in support of the application.

The Committee

Resolved that planning application LA11/2017/0849/RM be granted planning permission subject to the conditions as outlined within the report.

10 Page 70 LA11/2017/1051/O - Proposed dwelling and garage at 30M North of 25 Ballyskeagh Road, Artigarvan, Strabane.

The Senior Planning Officer presented the above report, details of which had been previously circulated to Members. He provided a summary of the application and after material consideration in-line with planning policy, he provided a recommendation to refuse planning permission for reasons as outlined within the report.

Mr McAleer, MLA and Mr Devine (Agent) addressed the Committee in support of the application.

In response to a query from Alderman McClintock, the Principal Planning Officer clarified that CTY10 required proof that the farm had been active for the past 6 years and explained that the Department of Agriculture, Environment and Rural Affairs utilised the securing of the Single Farm Payment for the purpose. She indicated that the accounts provided alone, were not sufficient to prove this as gaps from active training were evident throughout the accounts. She commented that other activities such as flock tracking numbers had been examined to prove active farming, however, there were still gaps evident.

Councillor D Kelly referred to the broad remit of active farming provided within footnote 16 of the Strategic Planning Policy Statement for Northern Ireland, stating that he felt the application satisfied this.

In response the Lead Legal Services Officer clarified that it was the responsibility of the applicant to provide adequate evidence of active farming.

Councillor D Kelly commented that he felt there was grounds for a case of exceptional circumstances within this application.

In response to further comments from Councillor D Kelly, the Lead Legal Services Officer stated that the threshold for evidence that needed to be provided was not high and included items such as receipts, documents of expenditure, evidence of contractors being employed. He reiterated that such information had not been provided to date.

11 Page 71 Councillor McLaughlin suggested a deferral of the application for one month to allow the applicant to provide the information.

The Head of Planning indicated that the applicant had provided evidence, however nothing had been provided to fill the gaps that had been identified. She advised that alternative methods of proving active farming such as sheep movement had been utilised but this did not cover the time-line.

Alderman McClintock stated that she felt it would be harsh to refuse planning permission as the farm had been active to some extent. She voiced support of the application.

Councillor D Kelly expressed his opinion to credit the significant activity on the farm and reference the Strabane Area Plan 123.2.1 which stated that Planning Policy should be less restrictive. He proposed to deviate from the Officers recommendation and seek an approval.

Councillor Maguire commented that Members were not obliged to adhere to planning policy and stated that there was case law to deviate from planning policy where a precedent had been set.

Alderman Kerrigan commented that the applicants business ID had been in existence for more than 6 years and questioned why the applicant would possess an ID if they were not trading.

In response to a question from Councillor Dobbins, the Lead Legal Services Officer clarified that the Environmental Health Service would still support the application should Members vote against the Officer recommendation, he added that the only reason for refusal had been the lack of evidence of active farming.

Councillor D Kelly moved, seconded by Councillor Maguire not to accept the Officer recommendation and approve planning permission, subject to the conditions as outlined within the report.

The outcome of the vote; For 12, Against 0, Abstention1. The proposal was carried.

12 Page 72 The Committee

Resolved not to support the Officer recommendation to refuse planning application LA11/2017/1051/O. The application would be returned for further consideration and presented at a future Committee meeting.

LA11/2018/0509/F-Proposed Refurbishment including new rear extension and new additional floor added to 6-7 Patrick Street to provide 28no. new self-contained apartments. New site works to include external Bin Store, raised planted beds and all associated site works for domestic use at 6-7 Patrick Street, Derry.

LA11/2018/0900/DCA - Proposed part demolition of internal walls & existing stairs at 6-7 Patrick Street, Derry.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a synopsis of the application and following analysis of the elements of the application alongside planning policy, provided a recommendation to grant planning permission, subject to the conditions as outlined within the report.

Councillor Logue welcomed the application and expressed her contentment that the application addressed the issue of homelessness within the City.

Councillors Hastings, McLaughlin and Alderman McClintock concurred with the previous speaker.

Councillor Logue moved, seconded by Alderman McClintock to approve planning permission, subject to the conditions as outlined within the report.

The vote was unanimous in support of the proposal.

13 Page 73 The Committee

Resolved that planning applications LA11/2018/0509/F and LA11/2018/0900/DCA be granted planning permission, subject to the conditions as outlined within the report.

LA11/2018/0691/F - Retention of 8 No. of two storey semi- detached dwellings with minor design changes from the previously approved application, which includes 18no in-curtilage car park spaces on sites 8 to 15, amended from previous planning approval A/2006/0175/F which indicated 8no of two storey terrace town houses with 13 communal car parking at lands 30m of 8 Creggmor Drive, Claudy.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a summary of the application and after evaluation of the elements of the application against planning policy, provided a recommendation to approve planning permission, subject to the conditions as outlined within the report.

Councillor Hastings thanked the Officer for the report and commented on the benefits of the application to the rural area.

Council D Kelly welcomed the development.

In response to a question from Councillor Dobbins, the Principal Planning Officer clarified that the house at the end of each terrace would have 3 parking spaces in curtilage and that the development included 18 no. spaces in total.

Councillor Dobbins supported the parking provision within the development.

Councillor Hastings moved, seconded by Councillor D Kelly that planning permission be granted, subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the proposal.

14 Page 74 The Committee

Resolved that application LA11/2018/0691/F be granted planning permission, subject to the conditions as outlined within the report.

LA11/2018/0916/O- Proposed 2 no. semi-detached dwellings at Sites 75 & 76 Victoria Gate, Derry.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided an overview of the application and following material consideration and in–line with planning policy, provided a recommendation to approve planning permission, subject to the conditions as outlined within the report.

Alderman McClintock welcomed the application and commented that the dwelling would complement the area.

Councillor Jackson advised that he felt a principle for approval had already been set at this stage and that the objections by neighbours should be addressed as the application progressed.

Alderman McClintock moved, seconded by Councillor Hastings to approve planning permission, subject to the conditions as outlined within the report.

The outcome of the votes was unanimous support of the proposal.

The Committee

Resolved that application LA/2018/0916/O be granted planning permission, subject to the conditions as outlined within the report.

15 Page 75 LA11/2018/0320/F-Proposal to reconfigure the existing 4 no. apartments at first floor & including for an additional 2 no. new floors above existing building to provide 8 no. additional new apartments, (12 no. total apartments) accessed via new stair and lift core from ground floor including all associated works for domestic use at 3 Bridge Street/42 Main Street, Strabane, Co. Tyrone.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a summary of the application and after evaluation of the facts against relevant planning policy, provided a recommendation to approve planning permission, subject to the conditions as outlined within the report.

Councillor D Kelly welcomed the development to the Strabane area and expressed his pleasing to see the replacement of a building which he viewed as ghastly, he added that the proposed development would be a massive improvement to the building on a prominent location.

Alderman McClintock concurred with the previous speaker.

Councillor D Kelly moved, seconded by Alderman McClintock to grant planning permission, subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that application LA11/2018/0320/F be granted planning permission, subject to the conditions as outlined within the report.

16 Page 76 LA11/2018/0349/O-Erection of 1 detached dwelling and associated site works at urban waste lands at 47 Curleyhill Road, Strabane (accessed off Curleyhill Road).

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. An overview of the application was provided, following which the Officer considered the elements of the application against relevant planning policy and provided a recommendation to grant planning permission, subject to the conditions as outlined within the report.

Councillor D Kelly moved, seconded by Councillor Hastings to grant planning permission, subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the application.

The Committee

Resolved that application LA11/2018/0349/O be granted planning permission, subject to the conditions as outlined within the report.

P29/19 Anaerobic Digesters in the Derry City and Strabane District Council Area.

The Principal Planning Officer presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the above subject matter and to provide details regarding the processing of planning applications for Anaerobic Digesters in Derry City and Strabane District Council Area.

Councillor Hastings commented that he felt this issue had been passed around different Committees. He added that whilst he had no issue with the matter being dealt with by the Environment and Regeneration Committee, he felt that there were certain questions in relation to Planning Policy that the Officers of Environment and Regeneration could not answer.

17 Page 77 The Head of Planning Performance and Improvement stated that he appreciated the difficulty Councillor Hastings had highlighted. However, he felt that the Planning Committee must be protected from possible issues surrounding the validity of the decision making process that could arise, given the fact that addressing the issue within the Planning Committee would require specific applications to be discussed.

Alderman Bresland highlighted issues with inappropriate materials being used within the digesters and odours which occurred as a result of this.

Councillor Dobbins raised concerns that Elected Members who served on both the Planning and Environment and Regeneration Committees could develop Conflicts of Interest in relation to this issue.

Councillor D Kelly concurred with Councillor Dobbins remarks.

In response to a query from Councillor D Kelly, the Head of Planning clarified that the topic of renewable energy had been included within the Local Development Plan Discussions, with separate policies being compiled for Solar Energy and Anaerobic Digesters. She gave her reassurance that these issues would be considered within the new Policies.

In response to concerns raised by Councillor Reilly, the Lead Legal Services Officer explained that dealing with the issue within the Environment and Regeneration Committee would be the less vulnerable option for Elected Members.

Councillor Hastings agreed that the Environment and Regeneration Committee would be the more appropriate place for members to discuss the matter.

In response to questions from Councillor McGuire, the Principal Planning Officer clarified that planning applications required waste codes to be supplied for the materials used to fuel Anaerobic Digesters, if these were indeed waste materials. She also advised that applications would need to specify where the materials are to be from and going to, as this would be important to assess, for example, traffic generation. Additionally, she clarified that the policy did not require a business case to be provided for a planning application for an Anaerobic Digester but it could be considered by the officer if one was submitted.

18 Page 78 Councillor D Kelly expressed his horror that despite these requirements, he still came across issues where users had deviated from appropriate waste codes. He stated that a better and more detailed understanding of the issue was required.

The Committee

Recommended that Council note the update regarding Anaerobic Digesters and the issue is dealt with by the Environment and Regeneration Committee.

Open for Information

P30/19 Planning Appeals update

The Principal Planning Officer presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to appraise Members on planning appeals currently in the system.

Councillor Logue expressed her disappointment that application LA11/2017/0242F had been allowed.

The Committee

Recommended that Council note the contents of the report.

P31/19 Planning Permission Granted by DFI for Wind Farm at Golundun Dolun, Killeter, Castlederg.

The Principal Planning Officer presented the above report, a copy of which had been circulated to Members. She advised that the purpose of the report was to advise Members that the Department for Infrastructure had granted planning permission for a Wind Farm consisting of 4 wind turbines each with a maximum overall base to blade tip height of 125 meters at Golandun Dolan, Killeter, Castlederg.

19 Page 79 The Committee

Recommended that Council note the contents of the report.

P32/19 NI Planning Statistics 2017/18- Development Management Performance Update

The Head of Planning presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update and advise Members that on 20 December 2018, the Department for Infrastructure Northern Ireland Planning Statistics- 2017/18 Annual Statistical Bulletin was released and provide an update on planning statistics/targets.

Councillor Hastings thanked the Head of Planning for the report and credited Council staff for their work. He expressed his delight to see development and commented on the positive effect it would have on Council’s penny product.

Councillor Dobbins echoed this sentiment and commented on the good relationship between Councillors and Officers.

Alderman McClintock and the Chair concurred with these comments.

Councillor D Kelly praised the Planning Department for the progress made, particularly for the achievements highlighted within paragraphs 3.1 and 3.6 in the report.

The Lead Legal Services Officer also expressed his congratulations to the Planning Department.

The Committee

Recommended that Council note the contents of the report.

P33/19 List of Decisions Issued- January 2019

Members noted the List of Decisions issued during the month of January 2019.

20 Page 80 The meeting went into confidential business.

The meeting terminated at 7.25pm.

21 Page 81 This page is intentionally left blank Agenda Item 9c

Derry City and Strabane District Council

Open Minutes of the Assurance, Audit and Risk Committee held on Thursday 7 February 2019 in the Chamber, the Guildhall, Derry at 4.00pm.

Present: - Councillor McGinley (In the Chair); Aldermen M Hamilton, McClintock and Thompson; Councillors Donnelly, Duffy, Gallagher, Hastings, McMahon, O’Reilly and Reilly.

Non-Member of Committee: - Councillor Carr

In Attendance: - Mrs D McDonnell (Lead Assurance Officer), Mrs O O’Doherty (Corporate Health and Safety Officer), Mrs A Begley (Insurance and Risk Manager) and Mrs S Lynch (Committee Services Assistant).

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AAR13/19 Notice and Summons for Meeting

The Lead Assurance Officer read the Notice and Summons for the Meeting.

AAR14/19 Member Attendance and Apologies

The Lead Assurance Officer completed the roll call. Apologies of absence were received from Councillors Carlin, McGuire and McKeever.

AAR15/19 Declaration of members’ Interests

Councillor Hastings declared an interest in the following agenda item:

 Agenda Item 8 – Risk Review Processes and Update on Council Service Risk Registers

Open for Decision

AAR16/19 Chairperson’s Business

There was no Chairpersons business.

AAR17/19 Confirmation of the Open Minutes of the Assurance, Audit and Risk Committee held on Thursday 10 January 2019

The Open Minutes of the Assurance Audit and Risk Committee held on 10 January 2019 (AAR1/19 – AAR12/19) were confirmed and signed by the Chair.

Councillor Donnelly referred to item AAR4/19 in the previous minutes where he had proposed that Council sends a legal observer to the

Page 83 Allister/Agnew Vs Causeway Coast and Glens Borough Council judicial review proceedings from now until the conclusion of the case. Since this motion had subsequently been passed at the recent Full Council Meeting Councillor Donnelly wanted to ensure this was in place and that a legal observer would be present.

The Lead Assurance Officer confirmed that the Lead Legal Services Officer, Mr Kingston would indeed be attending the hearing.

AAR18/19 Transfer of OHSAS18001 Accreditation to ISO45001

The Corporate Health and Safety Officer presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to seek Member’s endorsement to move from the current OHSAS 18001 health and Safety Management system to the ISO45001 Health and Safety Standard.

The Chair thanked the Corporate Health and Safety Officer for the report presented.

Councillor Gallagher asked that a copy of the presentation be sent to him via email. He complimented the Officer on simplifying what seemed like a complicated presentation. The Officer had broken it down for Members’ ease of understanding.

Councillor Hastings welcomed the movement to ISO 45001, he felt it would improve the health and wellbeing of the workforce. He said he was happy this related to not only Council employees but workers across the board and that everyone was receiving the same standard, providing them with a safer environment. He said it was imperative that Council endorse the movement to this new standard and that Members continue to be updated on the progress.

Alderman McClintock thanked the Corporate Health and Safety Officer for the report presented. She appreciated the effort in creating a user friendly presentation. She felt it was explained in great detail the logic behind the change. She said it was evident it would not have been an easy task but that the work was admirable. She thanked all Officers for their hard work.

Councillor Duffy also asked for a copy of the presentation to be forwarded to her via email. She stated that the information provided was a clear and transparent view of Council’s position and everyone’s

Page 84 roles and responsibilities regarding health and safety at work were defined. She applauded this culture within the Council. She said it was very clear that the current standard being used was effective; however, there was room for improvement and the Officer provided clear rationale for the need to move to the new standard.

The Committee

Recommended that Council endorse the movement from OHSAS 18001 to ISO 45001.

AAR19/19 Risk Review Processes and Update on Council Service Risk Registers

The Insurance and Risk Manager presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members and seek their endorsement on ongoing risk review processes in accordance with Council’s Risk Management Strategy.

Alderman McClintock thanked the Insurance and Risk Manager for the report and stated that she felt it was very informative and she found the summary at the beginning of the report extremely useful.

Councillor Duffy also thanked the Insurance and Risk Manager for the report, reiterating Alderman McClintock comments. She said it was evident that a considerable amount of work had went into bringing this report together. She was satisfied that progress would continue to be monitored and passed on her thanks to all officers involved.

Councillor Reilly also thanked the Insurance and Risk Manager for the report presented stating that he found the contents very informative.

The Committee

Recommended that Council endorse the contents of the report.

AAR20/19 Consultation on the Timetable and Work Programme for the Preparation of the Northern Ireland Flood Risk Management Plan (2021- 2027)

The Lead Assurance Officer presented the above report, a copy of which had been circulated to Members. She stated that the purpose of

Page 85 the report was to advise Members and seek their comments on a consultation document, which has been issued by the Department for Infrastructure seeking views on a draft timetable, and work programme for the preparation of the Northern Ireland Flood risk Management Plan (2021-2027).

The Committee

Recommended that Council endorse the Consultation on Work Programme for the preparation of the Northern Ireland Flood Risk management Plan (2021-2027).

Open for Information

AAR 21/19 Performance Improvement

The Lead Assurance Officer presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members in relation to the Council’s Performance Improvement responsibilities.

The Committee

Recommended that Council note the contents of the report.

The Meeting ended at 4.35pm.

Signed: ______

(Chairperson)

Date: ______

Page 86 Agenda Item 9d

Derry City and Strabane District Council

Open Minutes of Business and Culture Committee Meeting held in the Council Chamber, Guildhall, Derry on Tuesday 12 February 2019 at 4.00pm.

______

Present:- Alderman Ramsey (Vice-Chairperson) (in the Chair); Aldermen Hussey, Warke; Councillors Cooper, Cusack, Fleming, M McHugh, McKeever, McLaughlin, McMahon, Mellon and O’Reilly.

Non-Committee Members: Councillor’s Donnelly and Gallagher.

In Attendance:- Director of Business and Culture (Mr S Gillespie), Head of Business (Mr K O’Connor), Head of Culture (Ms A McCarter) PA to Director of Business & Culture (Ms J Galloway-Doherty) and Committee Services Assistant (Mrs J Short).

______

BC19 /19 Notice and Summons of Meeting

The Director of Business and Culture read the Notice and Summons for the meeting.

BC20 /19 Member Attendance and Apologies

The Director of Business and Culture completed the roll call and recorded apologies for Alderman R Hamilton and Councillor P Logue.

BC21 /19 Declarations of Members’ Interests

Councillors M McHugh, Fleming, McKeever and Alderman Warke declared an interest in Agenda Item No. 23: Peace IV Small Grants (2nd Round).

Councillor Cooper declared an interest in Agenda Item No. 9: Arts and Culture Strategy.

Councillor Cusack declared an interest in Agenda Item No. 11: Allocation of ESF Match Funding Year 2.

Page 87 2

Councillor Mellon declared an interest in Agenda Item No. 13: Youth 19 Summer Arts Festival.

Suspension of Standing Orders

BC22/19 Smyth’s Mill, Derry Road, Strabane – Fire

Councillor McMahon referred to the deliberate fire at the former Smyth’s Mill site, Derry Road, Strabane that took place the previous Sunday night. He expressed concern over the safety of the building and asked for the relevant Council Department to contact the owners and agencies to ensure that the building was made secure.

Alderman Hussey supported the previous speaker’s comments and concern. He referred to the anticipated regeneration plans that the new Council had inherited from the legacy Council and alluded to the fact that this particular location was included in the plans.

Councillor Gallagher advised that he had contacted the owners and they assured him that they were taking steps to secure the building.

Open for Decision

Chairperson’s Business

BC23/19 The Chairperson had no business to discuss on this occasion.

BC24/19 Confirmation of the Open Minutes of the Business and Culture Committee held on Tuesday 15 January 2019.

The Open Minutes of the Business and Culture Committee Meeting (BC1/19-BDC15/19) held on Tuesday 15 January 2019 were confirmed.

BC25/19 Matters Arising

Councillor Hussey referred to Item No. BC10/19: Cultural Grant Aid Programme 2019/20; he requested a report to be presented to update Committee on the endeavours to encourage applications for major events to be held in the towns and villages throughout the DCSDC area.

Page 88 3

BC26/19 Rural Co-operation Project – Yellow Frames

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to seek Members’ approval to progress a ‘Yellow Frames’ project as part of the Rural Cooperation Scheme under the NI Rural Development Programme 2014-2020.

Councillor M McHugh expressed support of the above report. However he suggested that consideration be given towards the inclusion of Clady Bridge as a location to be included in the ‘Yellow Frames’ project trail.

Alderman Hussey endorsed the previous speaker’s remarks and queried if there was scope within the project to extend the programme to include other relevant locations throughout the District area.

The Head of Business advised that DAERA had requested sites in the Council or other public ownership to facilitate progression of the programme. However as not all the Councils had taken up their full allocation, there may be an opportunity at a later stage to add more locations.

The Committee

Recommended that Council approves proceeding with the Yellow Frames project as outlined in the report including acceptance of Letter of Offer on receipt and pre-approval of the appointment of suppliers to be procured in line with Council and DAERA procedures and requirements.

BC27/19 Global Export Programme

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to seek Members endorsement on the proposed Global Export Programme.

Page 89 4

Councillor M McHugh expressed his support of the above report. He commended the work of Officers involved in the identification of market growth for SME’s. He supported the partnership arrangement with Donegal County Council and commented that with the uncertainty over Brexit that such an arrangement would hopefully minimise impact on the local economy and also enhance and develop the skills to embrace the new market.

Councillor McLaughlin supported the report and commended the work of Officers. She referred to both Councils identifying the need for a bespoke programme for local companies to assist them internationalise however expressed concern that such a programme should be the remit of Invest NI and therefore queried why INI were not funding the programme.

The Head of Business advised that the programme provided the opportunity to increase awareness with potential export markets. He added that they were beginning to see prosperity evolve and believed that the programme would add value and compliment to existing programmes of a similar nature facilitated by other Agencies.

Alderman Hussey concurred with concern expressed regarding Invest NI’s underperformance and their lack of commitment to the support of SME’s in the District Council area. However he fully endorsed the report.

Councillor Cooper also expressed concern with the poor commitment from Invest NI and the change in approach in previous years regarding the involvement with cross border initiatives. He suggested that Council writes to the relevant agencies to make a formal request for funding towards the programme.

The Committee

Recommended that Council notes the contents of the above report.

BC28/19 Arts & Culture Strategy including 5 Year Action Plan

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to adopt the Arts and Culture Strategy including a 5-year action plan.

Page 90 5

Councillor Cusack welcomed the report and commended the work achieved by Officers. She said that the Arts provided numerous benefits and in particular regarding mental health and wellbeing and it was important that Council provided a platform to support local artists.

Councillor Cooper also welcomed the report. He referred to the financial support from the Arts Council and suggested that they be invited back at an appropriate time to give a follow-on presentation from their previous representation to Committee, to give an outline of how they plan to align their own activity to support the strategy.

Alderman Hussey welcomed the report and in particular the establishment of a Co Delivery Group to oversee the implementation of the Arts and Culture Strategy. He referred to the proposed change of Cultural Venues Fund to Cultural Organisation Fund and the removal of the requirement to be owner/lease holder of a premises and said that this would be a catalyst in terms of encouraging participation from cultural organisations.

The Committee

Recommended that Council;

i) adopts the Arts and Culture Strategy and 5 year action plan.

ii) approves the establishment of a Co Delivery Group to oversee the implementation of the Arts and Culture Strategy to include a Member and Officer participation.

iii) approves an increase of the Arts and Culture budget by £150,000 to deliver the key actions detailed within the report subject to the rates process.

Page 91 6

BC29/19 Update on Natural Connections: Peace Tourism Project

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the project activity of the PEACE IV Natural Connections Peace Tourism funded project being delivered by the Tourism Development Department.

The Committee

Recommended that Council;

i) notes the contents of the report regarding the update on the PEACE IV Natural Connections: Peace Tourism Project.

ii) approves in advance the appointment of a provider to deliver the animation programme following both Council and SEUPB PEACE IV procurement.

iii) approves in advance, the appointment of an individual/organisation to undertake research into the Maritime/Migration Stories of the City and its hinterland.

BC30/19 Allocation of ESF Match Funding Year 2

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to ask Members to approve an ESF match funding allocation to five organisations for delivery of their project in year 2 subject to a rates allocation.

Page 92 7

Councillor McLaughlin queried why Council was approving funding applications for next year, when a report further on the agenda identified an underspend in some groups for this financial year.

The Head of Business explained that this was only Quarter 3 results and Quarter 4 was traditionally a busier quarter and therefore he was confident that the figures would improve. He added that the allocation for next year was essential to allow the groups to accept their letter of offer from the Department as funds were claimed retrospectively there was always an opportunity to reallocate in year if a group underspends.

The Committee

Recommended that Council approves the year 2 match funding at the same level as year 1, subject to the agreement as part of the rates estimation process for 2019/2020.

BC31/19 Heritage Tourism Update

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the range of programmes that are being delivered to support the heritage tourism development and the respective sector.

Councillor Cooper welcomed the report and supported the expansion of the success already achieved in the development of this sector. He referred to the Walled City Programme and said that whilst he had no issue with the marketing of the Walled City product he wanted to ensure that there was consideration given to the wider Walled City product as the development and promotion of the monument itself was sensitive to the different perspectives that each community had on its history.

Page 93 8

The Committee

Recommended that Council;

i) notes the contents of the report. ii) approves in advance the appointment of the suppliers to deliver all elements of the ‘Summer Animation Programme’ in line with Council’s Procurement Policy. iii) approves the Heritage Framework to support the development of this sector in going forward.

Open for Information

BC32/19 Youth 19 Summer Arts Festival

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to provide an update to Members on progress regarding the Youth Led Arts Festival scheduled for summer 2019.

Councillor Mellon welcomed the above report. She commended the work by Officers and their commitment to attend and support the events. She said that the young people were encouraged by the provision of a pathway to show case their talents and skills within their peer groups.

The Committee

Recommended that Council notes the above report for information.

Page 94 9

BC33/19 In Strabane Gift Card

The Head of Business presented the above report, details of which had been previously circulated to Members. The purpose of the report was to update Members on the progress of the In Strabane Gift Card.

The Committee

Recommended that Council notes for information the above report.

BC34/19 Business Boost Update

The Head of Business presented the above report details of which had been previously circulate to Members. The purpose of the report was to provide Members with a progress update on Business Boost up to 11 January 2019.

The Committee

Recommended that Council notes the content of the above report circulated for information.

BC35/19 DEVISE Project

The Head of Business presented the above report details of which had been previously circulated to Members. The report provided Member with an update on the funding secured through Interreg Europe re. DEVISE Project.

The Committee

Recommended that Council notes the content of the above report circulated for information.

Page 95 10

BC36/19 ESF Match Funding Quarter 3 Update

The Director of Business and Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on progress to date on five ESF projects match funded by Council to deliver services to those unemployed/economically inactive.

The Council

Recommended that Council notes the content of the above report circulated for information.

BC37/19 Rural Development Programme Update

The Head of Business presented the above report, details of which had been previously circulated to Members. The purpose of the report was to update Members on the Rural Development Programme 2014-2020.

The Committee

Recommended that Council notes the above report for information.

The meeting went into confidential business.

The meeting ended at 5.20pm.

Page 96 Agenda Item 9e

Derry City and Strabane District Council

Open Minutes of Meeting of the Environment and Regeneration Committee held in the Council Chamber, Guildhall on Wednesday, 13 February 2019 at 4.00 pm.

______

Present:- Members of Committee – Councillor Reilly (in the Chair), Aldermen Bresland, Hussey, Ramsey and Warke, Councillors Campbell, Dobbins, Duddy, Duffy, Hastings, Jackson, D Kelly, McHugh and Tierney.

Non-Members of Committee – Alderman Devenney and Councillor P Kelly.

In Attendance:- Director of Environment and Regeneration (Mrs K Phillips), Head of Environment (Mr C Canning), Regeneration Manager (Mr T Monaghan), Biodiversity Officer (Dr Christine Doherty) and Committee Services Assistant (Ms N Meehan).

Representing MWA Partnership Limited, Chartered Landscape Architects (Mr J Eggleston).

Representing Taylor and Boyd, Consulting Engineers (Mr E O’Neill).

Representing Sammon Surveyors, Chartered Surveyors (Mr A McGrenara). ______

ER28/19 Notice and Summons for Meeting

The Director of Environment and Regeneration read the Notice and Summons for the Meeting.

ER29/19 Members Attendance and Apologies

The Director of Environment and Regeneration completed the roll call. There were no apologies for absence.

ER30/19 Declarations of Members’ Interests

Councillor Reilly declared an interest in Agenda Item No 23 – Walled City Partnership – Closure of Townscape Heritage Initiative – as a member of the Walled City Partnership Board.

Page 97 Councillor Hastings declared an interest in Agenda Item No 19 – Green Infrastructure and Climate Change Conference – as a member of the Waste Management Board.

Open for Decision

ER31/19 Deputation – To Receive Mr Eggleston, MWA Partnership to give a Presentation on the Concept Masterplan for the Former Carricklee Landfill Site

The Head of Environment welcomed and introduced the deputation and provided Members with a brief history in relation to the site. He stated that MWA Partnership had considered a number of possibilities however it would be necessary to carry out further consultation with relevant stakeholders. He advised that a further report would be presented to Committee based on Members’ decision regarding the proposed options and how these could be progressed.

In response to a query from Councillor Jackson, the Director of Environment and Regeneration assured that there was not an issue for Members of the Planning Committee as the deputation was merely presenting a concept Masterplan.

The Committee received Mr Eggleston, MWA Partnership who gave a detailed presentation on the Concept Masterplan for the Former Carricklee Landfill Site. The presentation addressed the following issues:

- Desk Top Studies - Accessing the Site from the Proposed A5 WTC - Option 2 – Most Feasible Option to Reach the River Level Due to Existing Levels and to Achieve Desired Sight Lines - Option 3 – Not Really a Feasible Option to Reach the River Level as Distance of Internal Access Road to the River Required Major Regrading Works to the Existing River Bank was to Achieve Access to the River and the Sight Line Restrictions would also have to be Relaxed - The Carricklee Site - Site Location Map - Existing Conditions - Site Constraints and Potentials - Flood Map

Page 98 - Site Constraints – Indicative Survey and Investigations and Costs that May be Required to Progress the Scheme Through to Planning Stage - Consultations – Summary of Consultees Contacted During The Stage 1 and Stage 2 Process - Stage 2 Initial Concept Masterplan - Preliminary Sections - Concept Images - Programme - Costs – Notes on Initial Costs for the Stage 2 Process

Members thanked Mr Eggleston for his presentation and commended him on its content. Members then raised the following points:

- Welcomed the proposals presented in respect of the site which had been the subject of considerable discussion during the past 5-6 years. - The proposals would be welcomed by local residents as the area in question did not have any play provision or open green space at present. - Queried the current position regarding monies awarded to Council from the Woodland Trust. - The proposals would prove tremendous for both the area and the town. - Commended the work carried out by Councillor M McHugh in progressing this concept. - Acknowledged that the process was in its infancy but welcomed the impressive and ambitious proposals presented to Committee in respect of the site and anticipated that Council would endeavour to bring this to fruition. - Expressed support for the proposals particularly given the current lack of play facilities in the area. - Referred to the lack of progress in respect of the Ballyarnett Masterplan and expressed concern that similar delays would be experienced in this instance. - When was it anticipated that any physical changes would become apparent to the local area? - Referred to the need for initial remedial underground works to be carried out and acknowledged that this could prove a lengthy process. - Queried if the Motor-Home initiative would be in respect of short- stays only. - Queried the anticipated timescale for the plans to come to fruition.

Page 99 - Enquired if it was intended to carry out further consultation with the residents of the area and suggested that this was necessary to ensure the overall success and benefit of the projects. - Referred to the Riverine Project which was in relatively close proximity and enquired what, if any, plans were in place to ensure that both projects would be complimentary and provide linkage to the entire leisure, health and wellbeing provision within the area. - Assumed that in terms of the general layout, works would not begin until it was discovered what was contained within the former landfill site. - In relation to the A5 enquired if it was proposed to erect a roundabout to allow access onto Urney Road and onto the proposed site. - If the Concept Masterplan was agreed by Committee queried the timescale involved in bringing the proposals to fruition. - Expressed concern that this project would not proceed until current projects on the Capital Works Programme had been completed. - Referred to the fact that the Riverine Project had progressed beyond a concept and would come to fruition in the near future. However, due to the general use of the river from the particular area it was important that this was not overlooked. - Mr Eggleston and Mr O’Neill responded as follows:

- Anticipated that it would probably take 24 months to undertake the site investigation works required. - Acknowledged ongoing difficulties with the Ballyarnett Masterplan but assured that this was a different type of project and both sites differed significantly. - Suggested that it was a matter for Council to advise on the overall timescale involved. - Advised that a compromise between the two initial options put forward had been agreed in accordance with the design of the Western Corridor access and therefore it was not envisaged that any problems should arise in relation thereto. - As at this stage what was below ground level was unknown other than that it was a landfill, the site would require extensive investigation which would ultimately affect costs. - In terms of delivering costs, understood that the A5 Team would be presenting a scheme and suggested that this be pursued by way of consultation between Council and the A5 Team. - Consideration had been given to the Riverine Project and the overall potential for the area and assured that there was no competition as

Page 100 the concept of the two schemes differed considerably. The Riverine Project was a regional play area whilst this was a more informal recreational area with greater emphasis on cycling. - Advised that whilst the plans were achievable in terms of engineering progress would largely depended on what was discovered below ground.

The Director of Environment and Regeneration advised that according to the information available in terms of the Woodland Trust project the land in question had been leased at the time when the proposals had been put forward and therefore the project could not proceed.

The Director of Environment and Regeneration stated that in terms of timescales involved, Members were currently being requested to consider the concept plan for the site together with estimated costs for the next phase. She assured that Officers would bring forward a report on the proposals for approval by Council’s Capital Projects Working Group, and progress would be dependent on funding being identified in respect the necessary works. She continued that this would proceed on the basis of Members agreeing that Council proceed to the next stage on the potential uses and Officers would make proposals alongside Council’s Capital Projects Working Group and Strategic Review Group.

The Director of Environment and Regeneration said that following agreement of the proposals by Members extended consultation would take place with residents of the area in terms of the Masterplan.

The Director of Environment and Regeneration advised that it was Council’s intention to work with Donegal County Council in regards to the Riverine Project, and it would endeavour to ensure connectivity in any of the projects going forward.

The Director of Environment and Regeneration advised that the plans would be progressed and if Members were content Officers would present the proposals to the Capital Projects Working Group. It would then depend on available resources in order to bring the project to fruition. She advised that it was a matter for Members to prioritise in respect of the Capital Works Programme.

In response to a query from Councillor Dobbins, the Director of Environment and Regeneration reiterated that Officers would present a further report to the March Meeting of the Committee in terms of

Page 101 possible options for moving forward in relation to this site and if Members were in agreement to proceed Officers would seek funding through the Capital Working Group to progress the process. The next stage would be the site investigation which was necessary in order to decide formal proposals for Members to agree.

In response to a query from Councillor Hastings, the Director of Environment and Regeneration confirmed that NIEA would be a key consultee.

The Head of Environment explained that this was a high level concept plan which in order to take forward would require establishing what was beneath ground level. He pointed out that this would involve a lengthy monitoring process which would include engagement with NIEA, NI Water and the Loughs Agency. When it had been established what was below ground level, a decision could be made regarding the best use for the area. He continued that a report would be presented to the March Meeting of Committee on potential ways forward. He stated that the entire process would likely take considerable time, the Loughs Agency having already suggested that they would require two year’s data and the timescale would be determined by the investigation and the statutory agencies involved.

Chairperson’s Business

ER32/19 Into The West – Rail Services

The Chairperson referred to correspondence received by Members from Into The West regarding rail services which connect the City to Belfast. He suggested that Council write to Translink requesting that improvement works be carried out to the rail service in this area and that it be extended beyond the current boundaries.

Councillor Duffy pointed out that Members of Sinn Fein had met with representatives from Into The West and DfI Roads and had made a number of proposals to them regarding improving the level of service to the City. She pointed out that there had been a thirty per cent increase in the number of people using the rail line and referred to the need to emphasise to them that this was regarded as a significant part of the rail network.

Page 102 Alderman Ramsey referred to the need for the provision of a rail network to provide linkage given the situation with the A5 and suggested that this also be addressed with DfI.

Councillor Hastings, as Chairperson of the North West Cross Border Group, advised that they had written to the Translink regarding similar issues and a response thereto was currently awaited.

Subsequently, the Committee

Recommended that Council write to DfI and Translink requesting that improvement works be carried out to the rail service in this area.

ER33/19 Horticultural and Community Awards

With the permission of the Chairperson, Alderman Devenney referred to increased interest in the rural area in regards to horticultural and community awards. He pointed out that Eglinton, Claudy and Newbuildings had all established their own community groups, a process in which he had been involved, and he felt it was important that Council offer its support and assistance to any such groups in achieving their goals. Albeit he acknowledged that financial resources were limited in this regard.

Councillor P Kelly pointed out that the former Strabane District Council had been involved with local communities to encourage such works and enquired as to why this approach had not continued.

The Director of Environment and Regeneration said as Members were aware Council had continued to develop and achieve in terms of its horticultural and community awards initiatives and to win awards both regionally and nationally and increase the number of community groups partaking in these initiatives. She stated that it was hoped to extend Council’s work with community groups as part of the Strategic Growth Plan and departmental Service Plans both in terms of towns and villages and the City. She assured that Council would be willing to work with any group or individual wishing to become involved. She explained that it was more of a partnership approach between Council and the groups involved as funding was limited. However, Council would endeavour to assist these groups in terms of applying for funding. She stated that Council did encourage local communities to enter the City in Bloom competition, however, if Members felt that

Page 103 Council should establish its own community focused competition this could be taken on board. She reiterated Officer’s willingness to meet with any group or individuals wishing to become involved in the process.

Alderman Hussey referred to the work carried out by the former Grounds Maintenance Manager who was extremely pro-active in promoting awards throughout the Council area which he suggested should continue and emphasised the need for pro-activity by Council.

Councillor D Kelly disagreed with many of the comments about the level of disengagement in terms of Council’s involvement with community groups and its horticultural campaigns. He felt, if anything, this had intensified in recent years. He pointed out that some community groups did not have the capacity to take part in the initiatives on offer, however, for those who did partake, the level of support and engagement offered by Council was incomparable.

The Director of Environment and Regeneration stated that in terms of Council awards in relation to horticultural and community competitions, judging was based on presentation and the evidence which was available. She said Council’s work with communities focused on promoting environmental stewardship. She advised that Council did receive a lot of positive feedback regarding its work in this regard and would continue to strive to improve engagement with local communities. She continued that in recent months discussion had taken place with local housing associations regarding the possibility of working with them to improve the general aesthetics of local housing estates which it was anticipated would instil a sense of pride in residents and improve their health and wellbeing and counteract anti- social behaviour.

ER34/19 Fire at Smyth’s Mill, Strabane

Councillor P Kelly acknowledged that Council Officers had visited the Smyth’s Mill site following the recent fire. He queried what action, if any, could be taken to ensure that the owners of this defective and dangerous site addressed their responsibilities.

Alderman Hussey agreed that the site in question was a blight on the area. He pointed out this issue had been addressed the previous day and he understood the owner of the property had undertaken to block access onto the site.

Page 104 The Director of Environment and Regeneration advised that Officers from Council’s Building Control section had visited the site and had been in contact with the owner with whom they would work to ensure the site was protected and access opportunities were limited. She referred to the various statutory tools at Council’s discretion, if required, to ensure that the owner took full responsibility for this site.

Alderman Warke referred to the need for greater enforcement measures to be put in place to address the considerable number of derelict buildings throughout the Council area and ensure their safety.

The Director of Environment and Regeneration requested that Members report to her Directorate their concerns regarding any derelict/vacant building throughout the Council area and these would be pro-actively followed up. She assured that Council did use the enforcement tools available.

ER35/19 Confirmation of the Open Minutes of the Environment and Regeneration Committee held on Wednesday, 16 January 2019

The Open Minutes of the Environment and Regeneration Committee held on 16 January 2019 (ER1/19-ER19/19) were confirmed and signed by the Chairperson.

Alderman Hussey referred to the final paragraph of Minute ER8/19 and stated that the words “all Council areas” should have read “all areas in Council”.

It was agreed that the Minutes would be amended accordingly.

Matters Arising

ER36/19 Noise Pollution Complaints (Ref ER8/19)

In relation to the above, the Director of Environment and Regeneration stated that she had been advised by the Head of Health and Community Wellbeing that the equipment had been purchased and would be made available to communities across the district.

Councillor Tierney acknowledged that the equipment had been purchased, however, he expressed concern that it was not the equipment which had been requested. He said he understood that the

Page 105 equipment would be made available to communities on request through Council’s website. He referred to an ongoing issue regarding the need for Community Safety Wardens in Strabane and suggested that where such a need was identified it should be addressed. He stated that, if required, the scheme should be rolled out throughout the Council District.

In response to a query from Councillor P Kelly regarding the need for Community Safety Wardens in Strabane and the rural area, the Director of Environment and Regeneration advised that this was a matter for the Health and Community Directorate. She undertook to suggest to the Director of Health and Community that a report thereon be presented to a future Meeting of that Committee.

ER37/19 Bio-Digester Concerns (Ref ER10/19)

The Director of Environment and Regeneration advised Members that representatives from NIEA would attend the March Meeting of the Committee when Members could discuss with them their concerns regarding the above matter. She requested that Members submit to her any other matters which they wish to be raised at that Meeting.

ER38/19 Cleaning of Mews Lanes within the Council District (Ref ER18/19)

In response to a query from Alderman Hussey the Head of Environment confirmed that the information requested by him at the January Meeting was currently being collated and would be presented to a future Meeting of Committee.

ER39/19 Street Naming and Property Numbering – Requests for Installation of Bilingual Signage

The Director of Environment and Regeneration presented the above report, a copy of which had been previously circulated. He advised that the purpose of the report was to inform Members of the outcome of recent applications to provide bilingual signage at Gartan Avenue and Innisfree Gardens, Strabane.

The Committee

Recommended that given the outcome of the two plebiscites, approval be granted to the erection of bi-lingual street signage at

Page 106 Gartan Avenue and Innisfree Gardens, Strabane.

ER40/19 Kerbside Green Waste Collections

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to inform Members of plans to extend the kerbside garden waste collections to areas within the Derry City area on a fortnightly basis following a successful funding application made to the Department of Agriculture, Environment and Rural Affairs.

Alderman Ramsey welcomed the report which he said was the next step in achieving a zero waste strategy and looked forward to the roll- out of the scheme. He anticipated the success of the pilot scheme which would hopefully lead to an overall reduction in black bin waste. He requested that Officers present a report on the costings of the four zero waste scenarios and the pros and cons in regards to each which would assist in further investigation into the most feasible and potentially successful scenario.

Alderman Hussey enquired if Council’s green waste would feed into the system and expressed concern at problems with leftover grass in some area.

The Head of Environment advised that grass collection depended on the frequency of grass cutting and where it was possible for Council to collect the grass. He stated that where cuts were more frequent the grass was not always lifted, however, in regards to regular cuts the machinery was available to collect the grass. He referred to the different types of machinery available for such collections all of which had pros and cons and this was an issue which was currently under consideration.

Councillor P Kelly referred to the roll out of brown bins in the Strabane area where food and green waste were comingled and queried why this had not been extended to the rural area.

Councillor Dobbins welcomed the above scheme and stated that as a frequent user of the City Recycling Centre said she felt this would impact favourably on the overall reduction of waste.

Page 107 Councillor Jackson welcomed the report and queried if brown bins would be rolled out in conjunction with green bins. He queried the anticipated timescale involved and enquired if a further report would be presented to Committee prior to the implementation of the scheme.

The Head of Environment advised that when the pilot scheme was implemented in Strabane householders were advised that they would not require the large caddy. He stated that regulations required that a separate food collection must be put in place unless Council could demonstrate that as much food waste would be collected co-mingled as collected separately. Council had adopted this approach in accordance with legislative requirements, however, this could be reviewed in due course depending on the results of the co-mingled pilot scheme. He stated that Members would be advised on the results of the pilot scheme and agree a decision accordingly.

The Head of Environment confirmed that the scheme would be extended to the rural area and information would be provided on what areas would be involved. He stated that this project would be rolled out throughout the City and District.

Councillor Duffy requested a review of green and brown bin waste in terms of the zero waste strategy. She stated that the small food caddie would have a greater impact on the reduction of food waste than the larger caddie.

In response to a query from Councillor P Kelly, the Head of Environment explained that through the rates system Council funded the provision of a black bin for each household within the Council District. However, this differed from the system operated in Donegal. He stated that research was currently being carried out within the Republic of Ireland to identify properties that did not have a bin and how they were disposing of their waste which could have a positive on the amount of waste deposited at Council’s recycling centres.

The Head of Environment referred to the considerable amount of work being carried out to increase recycling figures.

The Committee

Recommended (a) that approval be granted to endorse the plans to introduce the scheme as outlined in the report; and

Page 108 (b) that Officers prepare a report for submission to a future Meeting of Committee on the costings for the four zero waste scenarios and the pros and cons in respect of each.

ER41/19 Real Nappy Voucher Scheme

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Members’ approval with regard to providing a financial incentive to parents to buy reusable nappies.

Councillor Dobbins welcomed the scheme particularly given the detrimental impact that disposable nappies had on the environment and the incentive this scheme would provide to mothers to use terry nappies.

Councillor Duddy also welcomed the scheme not only because of its cost effectiveness but the contribution it could make in terms of waste reduction. However, she queried if other Council areas were offering a more generous incentive. In terms of participants she enquired if applications would be limited to one per family and how it was intended to promote this scheme.

Alderman Ramsey welcomed the scheme in terms of promoting waste reduction and the need to reduce black bin waste. He stated that disposable nappies presented a major problem in terms of waste management and undertook to promote the scheme within his family and his wider constituency.

Alderman Hussey expressed concern at the cost of disposable nappies particularly for financially disadvantaged families. He welcomed the scheme but queried how Council could guarantee that those partaking in the scheme were using terry nappies.

Councillor Tierney questioned the potential success of the scheme. He referred to the importance of the marketing and promotion of the scheme, particularly in terms of social media, to ensure its success. He referred to current public attitude which favoured convenience living and the use of terry nappies would not be regarded as convenient. He reiterated the need for the scheme to be vigorously promoted.

Page 109 In regards to the number of applicants, the Head of Environment assured that the scheme would be realistically applied. He stated that Council had been promoting the scheme to expectant mothers and through social media. He agreed that it would present a change in approach which would be embraced by some but which would require considerable encouragement for others. He stated that Council was committed to implementing this scheme and would endeavour to market and promote it in a robust manner to ensure its ultimate success. He advised that follow-up visits and support would be given to those families participating in the scheme. He referred to the financial and environmental benefits to be derived from the scheme. Council would continue to endeavour to encourage participation in the scheme.

Councillor Duffy referred to the potential of the scheme in regards to social enterprise opportunities and incentives.

Councillor D Kelly expressed concern that possible participants would be excluded from the scheme because of their individual lifestyle. He referred to the possibility of contacting major manufacturers of disposable nappies regarding inclusion in the scheme, highlighting the detrimental impact of their products on the environment.

The Committee

Recommended that approval be granted to the introduction of a financial incentive scheme with regard to reusable nappies as detailed above with participating families receiving £30.

Open for Information

ER42/19 Applications Processed under Building Regulations (NI)

Page 110 Councillor Hastings commended the excellent work carried out by Council’s Building Control Section during the past twelve months, particularly in terms of the number of new boilers commissioned through the Affordable Warmth Scheme.

In response to a query from Alderman Hussey, the Director of Environment and Regeneration advised that her Directorate did not normally bring forward a report highlighting the work carried out by the section but would look to bring in a report setting out the main KPIs in an annual report. She stated that Officers would monitor this as part of the Directorate’s Service Plan.

ER43/19 Bay Road Park Emergency Removal of Trees

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to inform Members that Council plan to remove approximately 60 young trees that are dead/diseased at Bay Road Local Nature Reserve.

Councillor P Kelly referred to the number of trees in the Sion Millsareaaffected by the previous week’s high winds and referred to the need to assess the possible need for tree replacement as a result thereof.

Councillor Tierney referred to a number of trees which had been removed when the football pitches were being installed at Bay Road. He understood that at that time three trees were planted for each tree which had been removed. He enquired if the proposed removal of trees referred to those additional trees which had been planted and if any of the trees being removed would be replaced.

The Head of Environment explained that the proposed removal of trees did not refer to those additional trees which had been planted following the erection of the football pitches. This related to trees which had been planted which were of an inferior quality. He assured that new trees would be planted to replace any trees which had been removed.

Councillor Tierney referred to assurances which he had received that a number of dangerously overgrown trees on a laneway at the rear of Mountpleasant would be trimmed at the end of December, however,

Page 111 these works had not yet been carried out. He sought further assurances that this would be carried out without delay.

The Head of Environment confirmed that he was aware of this problem. He stated that Council had an extensive programme of tree works and would investigate trees across the Council District and determine what works were required and would endeavour to have all dangerous and damaged trees removed.

Alderman Hussey requested that the trees in Sion Mills be examined by an expert in order to ensure their safety. He also referred to an overgrowth of trees in Strabane.

The Head of Environment assured that Council’s expert would be examining all trees, however, it was a matter of identifying ownership. However, appropriate action would be taken to address problems, where necessary.

In response to a query from Alderman Bresland, the Head of Environment assured that Officers were aware of the situation regarding rotten trees in Sion Mills. He said it was understood that the majority of the trees belonged to the Hardman Estate and Council would establish ownership of the site in order that the situation could be addressed.

ER44/19 Update on the Implementation of the Circular Economy and Zero Waste Strategy

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members on progress with regard to the implementation of the Circular Economy and Zero Waste Strategy adopted by Council in December 2017.

Councillor Duffy thanked Officers for the report and welcomed progress to date.

Alderman Hussey also welcomed developments to date and the opportunity for Council to attend the proposed Workshop in Belgium.

In response to a query from Alderman Hussey, the Director of environment and Regeneration confirmed that attendance at the Workshop was in regards to Council Officers who could learn from

Page 112 Officers from other Councils across Europe. The ethos was to bring together the waste management experiences and economic development opportunities of the participating Councils. She said Council’s Head of Environment together with the Head of Business and Culture would be attending the event. She stated that this opportunity was about progressing to promote opportunities arising from the zero waste economy and to learn from the other Councils in this regard. However, she referred to opportunities which might arise for elected Members in the future.

ER45/19 DfI Proposed Loading Bay at Strand Road, Derry City Council

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to inform Members of correspondence received dated 17 January 2019 from DfI, Network Development Section, regarding a proposal to introduce a loading bay on Strand, Derry.

Members noted the content of the report.

ER46/19 Proposed Revocation of a Disabled Parking Bay

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised Members that the purpose of the report was to inform Members of correspondence received in January 2019 from DfI Network Development Section, regarding a proposed revocation of disabled persons’ parking bay at 6 Chapel Road, Derry.

Members noted the content of the report.

ER47/19 DfI Proposed Provision of a Schools Waiting Prohibition at Dungiven Road

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to inform Members of correspondence received dated 4 January 2019 from Transport NI, Network Development Section regarding a DfI proposal to introduce a schools waiting prohibition at Dungiven Road, Derry.

Page 113 Councillor Jackson referred to concerns raised by a number of parents regarding this situation which he had discussed with DfI Roads. Whilst welcoming the above report he did not feel that the proposed action was adequately robust to address the problem.

The Director of Environment and Regeneration advised that the Divsional Roads Manager would be addressing a Special Meeting of the Committee on 18 March to present his Annual Report. She suggested that this may be an appropriate forum at which to address this issue and how it was intended enforce the Notice.

Councillor Hastings suggested that the system become operational prior to making a decision in this regard.

Councillor Jackson said he understood enforcement was an issue for PSNI, however, it had been difficult to get a commitment from them to attend the school at specific times to ensure that the Notice was being complied with. He said that given the huge issue in regards to child safety he did not feel it was satisfactory to wait until the system was operational to make a decision.

It was agreed that the matter be raised with the Divisional Roads Manager at the Special Meeting scheduled for 18 March

Recommended that Council write to DfI Roads and request that during the times set out in the Prohibition Notice Traffic Attendants be authorised to visit the school to ensure that the Notice was being complied with and if not to take enforcement action.

ER48/19 DfI Parking and Waiting Restriction at Park Road, Strabane

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of correspondence received dated 7 January 2019 from DfI Network Development Section regarding a revised proposal to parking and waiting restrictions at Park Road, Strabane.

Members noted the content of the report.

Page 114 ER49/19 Tree Works in Brooke Park including the Removal of Dead Elm Tree

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She pointed out that the purpose of the report was to advise Members of plans to carry out remedial tree works in Brooke Park, including the removal of a number of dead/diseased trees and in particular the existing dead Elm Tree.

Members noted the content of the report.

ER50/19 Green Infrastructure and Climate Change Conference

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to inform Members of the forthcoming Green Infrastructure and Climate Change conference at the Guildhall on 12 March 2019. This will be the first such conference organised by a Council on this matter.

Members noted the content of the report.

ER51/19 Green Infrastructure Plan Update

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to update Members on the development of a Green Infrastructure Plan and the linkages between this Plan, Council’s Strategic Growth Plan and the Local Development Plan 2032, with a short presentation to Members.

The Committee received Dr Christine Doherty, Biodiversity Officer who gave a power-point presentation on the Green Infrastructure highlighting the following areas:

- What is Green Infrastructure? - Green Infrastructure Functions - Green Infrastructure Plan Stages - Green Infrastructure Plan, Vision and Aims - Key Strategic Themes - Next Steps

Page 115 Members welcomed the report and acknowledged the considerable work involved in reaching this stage.

Alderman Hussey acknowledged the Biodiversity Officer’s commitment and dedication to her work. He stated that the plan was long overdue and did not foresee any objection in respect thereof. He anticipated that an opportunity would arise with NIEA to discuss the need for enforcement action to address any infringements of the law.

Councillor D Kelly commended the Biodiversity Officer on the content of the plan and acknowledged the considerable work involved. He stated that it was reflective of the direction Council was taking. In terms of links to LDP he expressed concern regarding information received regarding bog mass and NIEA. He said he was unsure if the policy position or legislation differed significantly from the position in England. He expressed concern at the direction being taken in terms of bog land and peat land.

Councillor D Kelly enquired as to why it was being suggested to dig up a non-active area of peat land which he assumed would have an impact on the overall site. He also referred to the impact of windfarm development on flooding particularly on higher ground. He stated that prior to this intervention water levels were retained and did not enter the system. He queried the level of discussion taking place in terms of LDP in regards to this perspective. He said he understood NIEA policy was totally outdated in regards to peat land which was an issue of serious concern given the levels of peat land involved.

The Biodiversity Officer advised that LDP were part of the stakeholder group with much of the advice and decisions having been made by NIEA. She pointed out that the difference between active peat was that it was not damaged, whereas, if damage had occurred it could be restored but only to its original position. She referred to a project taking place in Killeter which focused on the possibility of restoring peat to the quality of the water and as part of green infrastructure would be working with NI Water to establish the benefits thereof.

ER53/19 Update on Historic Postboxes

The Regeneration Manager presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to provide an update in relation to Member queries raised at November and December 2018 Environment and

Page 116 Regeneration Committee in respect of the removal of the historic post box at Chapel Road in Derry and to update on the position from Royal Mail.

Members noted the content of the report.

ER54/19 SECURE Project Closing Conference

The Director of Environment and Regeneration presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to inform Members that the NPA funded SECURE – Smarter Energy Communities in Northern and Arctic Regions Project officially ends on 30 April 2019 and in line with the project’s objective, Council will be hosting a closing conference on Thursday 14 March 2019 and Members are invited to attend this event.

Members noted the content of the report.

ER55/19 Walled City Partnership – Closure of Townscape Heritage Initiative

The Regeneration Manager presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members regarding the proposed closing-out arrangements associated with the recent completion of Phase II of the Townscape Heritage Initiative (THI) delivered by the Walled City Partnership (WCP) and to advise on next steps.

Members noted the content of the report.

Page 117 This page is intentionally left blank Agenda Item 9f

Derry City and Strabane District Council

Open Minutes of Health and Community Committee of Derry City and Strabane District Council held in the Chamber, Guildhall, Derry, on Thursday 14 February 2019 at 4.00pm. ______

Present: - Councillor R McHugh (Chairperson); Aldermen McClintock and Thompson; Councillors Campbell, Carlin, Cusack, Donnelly, Duffy, McGinley, Mellon, Reilly, Robinson and Tierney.

Non-members of Committee:- Alderman Hussey and Councillor Carr.

In Attendance: - Director of Health and Community (Mrs K McFarland), Head of Community Development and Leisure (Mr B O’Hagan), Head of Health and Community Wellbeing (Mr S Donaghy), Children and Young People’s Co- ordinator (Ms C Lynch), PA to Health and Community Director (Mrs L Shields) and Committee Services Assistant (Mrs T Johnstone). ______

HC32/19 Notice and Summons for Meeting

The Director of Health and Community read the Notice and Summons for the Meeting.

HC33/19 Members Attendance and Apologies

The Director of Health and Community recorded Members attendance. Apologies were received from Alderman R Hamilton.

HC34/19 Declarations of Members’ Interests

Councillor McGinley declared an interest in the following agenda items: . Agenda item 10 – Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP).

Councillor Mellon declared an interest in the following agenda item: . Agenda item 10 – Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP).

Councillor Tierney declared an interest in the following agenda item: . Agenda item 10 – Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP).

Page 119 Alderman Thompson declared an interest in the following agenda items: . Agenda item 10 – Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP)

. Agenda item 8 – Call for Good Relations Funding for a Three Year Period from the Executive Office.

Councillor Reilly declared an interest in the following agenda item: . Agenda item 10 – Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP).

Councillor Carlin declared an interest in the following agenda item: . Agenda item 8 – Call for Good Relations Funding for a Three Year Period from the Executive Office.

Open for Decision

HC35/19 Chairperson’s Business

There was no Chairperson’s Business

HC36/19 Confirmation of the Open Minutes of the Health and Community Committee held on Thursday 17 January 2018

The open Minutes of the Meeting held on 17 January 2019 (HC1/19 – HC26/19) were confirmed and signed by the Chairperson as correct.

Matters Arising

There were no matters arising.

HC37/19 Youth 19 Update

The Chair invited the Children’s and Young People’s Co-ordinator to make her presentation to the Committee which highlighted the following:

 The Strategic Growth Plan Commitment is to engage and empower young people through their participation in the development of an inclusive programme of events and initiatives for Year of Youth 2019  Youth 19 is a year dedicated to young people aged 12-24  It will promote the voices, needs, priorities and rights of young people

Page 120  The programme supports young people to take a leading role and ‘make change happen’  Provide partners with the opportunity to work more collaboratively to improve outcomes for young people  Build effective cross border co-operation in the development and delivery of youth participation programmes  Key themes include; promote positive health and wellbeing, engagement and participation of young people, youth recognition and access and inclusion  Youth 19 Golden Events and Grant Aid has received 19 applications with 5 letters of offer being issued  Wide variety of Golden Events scheduled until November 2019 to include; Wellbeing Festival, Electronic Dance Festival, Digital Youth Festival and Youth Voices  A marketing and events steering group has been launched to oversee and shape the opening events.

The Chair thanked the Children and Young People’s Co-ordinator for her presentation and remarked on an exciting programme with a wide variety of events. He then invited comments from Members.

Alderman Hussey stated that as Deputy Mayor, he had the privilege of being in attendance at several launches within the Youth 19 programme. He stated that the response from young people had been overwhelming and extended his sincere congratulations to everyone involved.

Councillor Mellon thanked the Children and Young People’s Co- ordinator and her team for all the hard work undertaken on the programme and noted that young people were responsible for its’ design and implementation. She queried if any consideration had been given to groups who had been unsuccessful for the Golden Events but were involved in working with youth at a community level. She then asked when the programme schedule for Golden Events would be available.

In response, the Children and Young People’s co-ordinator stated that an announcement would be made regarding the Golden Events after the opening event. She stated that officers were liaising with the Community Development team and that governance arrangements for the Local Community Plan were currently in the process of being set up. She advised that once those structures were in place, the Children and Young People’s committees would explore the contingency budget

Page 121 that could be used within local communities to enable those youth organisations who were not successful for the Golden Events, to be engaged at a grass roots level.

Councillor Reilly thanked the Children and Young People’s Co-ordinator for the report and commented on the huge amount of work carried out to bring the programme to this stage. He referred to the Golden Events and queried if there were any plans within the programme to bring young people together with older citizens within the community as this may break down the age barrier between the generations.

In response, the Children and Young People’s Co-ordinator stated that an event as part of the Spring Carnival in Strabane had been identified for intergenerational activity. She stated that it was hoped to use this event as a model going forward. She added that events such as buddying programmes with school children and the elderly were also being considered going forward.

The Chair thanked the Children and Young People’s Co-ordinator for her presentation on the implementation of the Youth 19 programme and wished her well with the project.

HC38/19 Call for Good Relations Funding for a Three Year Period from the Executive Office

The Head of Community Development and Leisure presented the above report, previously circulated to Members. The purpose of the report was to inform Members of a change to the mechanism of Good Relations funding by the Executive Office, from an annual programme to a three year programme.

Alderman McClintock thanked officers for the report and said that she was happy to endorse the recommendation to approve the submission of the plan.

Councillor Tierney welcomed the report and stated that any work towards the promotion of good relations in the Derry City and Strabane District Council area was to be welcomed.

The Committee

Recommended That Members approve the submission of a Good Relations

Page 122 Action Plan to the Executive Office on 15 February subject to approval by full Council in March 2019 Open for Information

HC39/19 Playing Pitch Report Update

The Head of Community Development and Leisure presented the above report, previously circulated to Members for information. The purpose of the report was to update Members on the current position on the Council’s Playing Pitch Strategy.

Alderman Hussey outlined issues contained within the report which he stated, needed to be addressed. He referred to 2.4 ‘Prioritising key facility developments in relation to play pitches and support ancillary services has now been produced’, and stated that it did not include the potential for development of Council’s existing facilities particularly at Spamount and Castlederg. He stated that Council had fantastic sports facilities which could be further enhanced with the installation of lighting. He asked that a report be brought forward regarding the provision of lights at pitches within Council’s remit. He referred to the 7 percent surplus for the provision of pitches throughout the Council area and noted that it was much lower compared to other Council areas, particularly regarding association football. He referred to the lack of provision for hockey and rugby within the Sperrin and Derg DEAs. He stated that Strabane once had a vibrant men’s hockey team and felt that more encouragement to develop hockey and rugby needs was required.

The Chair informed Alderman Hussey that a report would be brought forward as requested.

Alderman Thompson welcomed the report, however he felt that more detail was required. He referred to a recommendation that a capital investment programme for sports clubs be established to recognise sports facility providers, and stated that there was no indication on how to proceed with same. He referred to aspirations within the strategy and stated that more in depth information was required on how these would progress particularly at Donemana Pitch and Clooney Park West Playing Fields. He also referred to a hockey project for Strabane Academy and asked if any discussions had taken place regarding securing support from Council.

Page 123 The Chair reminded Members that the report had been approved at a previous Committee meeting prior to planned consultation and that further updates would be provided.

The Head of Community Development and Leisure welcomed Members comments and stated that the projects within the survey and strategy had not received funding apart from those agreed at the Capital Working Group. He stated that a detailed report on how Council would deliver on the action plan would be presented at a future meeting of Committee. He advised that the purpose of the report was in regard to a specific query arising from the previous presentation provided by the consultancy team that had not been considered. He stated that officers, would be carrying out a similar exercise with private clubs throughout the City and District to be included in the action plan for consideration by the Senior Leadership Team, Capital Working Group and subsequently through the Health and Community Committee. He stated that the Committee would then consider proposals regarding the delivery of the strategy and action plan and also address the shortfall and the relevant funding.

In response, to a query from Alderman Hussey regarding the consultation process, the Head of Community Development and Leisure stated that an update on the consultation process would be included in the further report requested.

Councillor Tierney stated that whilst he appreciated the tremendous amount of work involved, he stated that he had been regularly contacted by constituents regarding progress at Culmore Playing Fields and Ballyarnett Park. He asked that the report be brought as soon as possible in order to give assurance that progress was happening.

The Committee

Recommended that Members note the current position regarding the playing pitch report with officers to continue to engage with clubs who own their facilities to produce an additional appendix to the Strategy specific for privately owned facilities and that a further detailed report be provided.

Page 124 HC40/19 Update on Additional Funding Secured through the Policing and Community Safety Partnership (PCSP)

The Head of Community Development and Leisure presented the above report for information, which had been previously circulated to Members. The purpose of the report was to update Members on additional funding support secured by the Policing and Community Safety Partnership (PCSP) from the Department of Justice and Department for Communities.

The Committee

Recommended that Members note the additional funding support of £191,374.36 secured by the PCSP from the Department of Justice and Department for Communities.

HC41/19 Licensing Activity from 1 October 2018 – 31 December 2018

The Head of Health and Community Wellbeing presented the above report for information, which had been previously circulated to Members. The purpose of the report was to inform Members of Licensing Activity for the period 1 October 2018 – 31 December 2018.

The Committee

Recommended that Members note the Licensing Activity from 1 October 2018 – 31 December 2018.

HC42/19 Road Closure Application for Special Events: Period 1 October 2018 – 31 December 2018

The Head of Health and Community Wellbeing presented the above report for information, which had been previously circulated to Members. The purpose of the report was to provide Members with an update on applications received to close roads for special events including status for the period October – December 2018.

The Committee

Page 125 Recommended that Members note the content of the report.

HC43/19 Correspondence

The Director of Health and Community presented the above report for information, previously circulated to Members regarding correspondence received by Council.

The Committee

Recommended that Members note the contents of the report.

HC44/19 Consultations

The Director of Health and Community presented the above report for information, previously circulated to Members regarding consultation papers received by Council.

The Committee

Recommended that Members note the contents of the report.

The Meeting then went into Confidential Business.

Page 126 Agenda Item 9g

Derry City and Strabane District Council

Open Minutes of a Special Meeting of the Planning Committee held in the Guildhall, Derry on Thursday 14 February 2019 at 1.30pm.

______

Present: - Councillor W Robinson (Chairperson), Aldermen Kerrigan and McClintock; Councillors Hastings, Jackson, D Kelly, Logue, R McHugh, McKnight, McLaughlin and Reilly.

In Attendance: - Head of Planning (Ms M Fox), Lead Legal Services Officer (Mr P Kingston), Head of Planning Performance and Improvement (Mr E Molloy), Principal Planning Officers (Mr P McCaughey and Mrs S McCracken), Senior Planning Officers (Mr M McCarron and Mr J McNee), Business Services Officer (Mrs L McKean) and Committee Services Assistant (Miss L Bell).

Representing Department for Infrastructure: - Mr N Jenkinson (DfI Rivers), Ms L McWilliams (DfI Roads).

______

SP1/19 Notice and Summons for Meeting

The Head of Planning read the Notice and Summons for the Meeting.

SP2/19 Member Attendance and Apologies

The Head of Planning completed the roll call. Apologies were received from Alderman Bresland, Councillor Dobbins and Councillor McGuire.

SP3/19 Declarations of Members Interests

The Members had no declarations of interest.

Open for Decision

Chairperson’s Business

SP3/19 Late Information Received

The Chair advised that late information had been received from Mr Stephens, Matrix Planning Consultancy in objection to the application. Members were allocated time to review the late information before discussion commenced.

SP4/19 Planning Application A/2014/0629/F with Recommendation for Decision

Page 127 A/2014/0629/F- Medical Building (totalling 6901 gross sq m) with car parking in a semi-basement, superstore (totalling 5574 gross sum) associated car parking, Restaurant, Self Service Filling Station, servicing and landscaping with access/egress via Pennyburn Pass Industrial estate Road. Arntz Belting Company Ltd Site, Pennyburn Pass and former Eurocentre West site, Pennyburn Industrial Estate Road, Pennyburn Industrial Estate Londonderry.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a brief summary of the application. Following consideration of the facts of the application against relevant planning policy a recommendation was provided to approve planning permission, subject to the conditions as outlined within the report.

Mr Monaghan, MBA Planning addressed the Committee on behalf on his client, Lidl, in objection to the application.

Mr McGurran, McGurran and Associates addressed the Committee on behalf of the agent in support of the application.

Ms McShane, Kevin McShane Ltd addressed the Committee on behalf of the agent in support of the application in relation to traffic management.

Dr Hull, Flood Risk Consulting addressed the Committee on behalf of the agent in relation to the Flood Risk Assessment which his company carried out.

In response to a request from Alderman McClintock, Mr McGurran indicated that he was not able to disclose the identity of any prospective tenants for the site due to the commercially sensitive nature of this information.

In reply to a question from Councillor Hastings, Mr McGurran clarified that he felt the business proposed for the site would not compete with Lidl who had already established a customer base in the area, and would therefore not have an impact on employment figures within Lidl.

Following further questions from Councilllor Hastings, Ms McShane clarified that several measures were planned to mitigate the impact of the application on the traffic in the Buncrana Road area. She confirmed that these measures should mean that traffic congestion in the area should not become worse than at present.

Page 128 After questioning from Councillor McLaughlin, Mr McGurran indicated that once planning permission was granted, work should commence in December 2019. He clarified that discussions with a prospective tenant were ongoing, although he could not provide further information due to the commercially sensitive nature of the topic.

A Member of the Public asked for speaking rights at this point, however, the Chair declined this request. He advised that all relevant persons had been notified of the meeting in advance and requests to speak needed to be made within the appropriate timeframes and protocols.

In response to a question from Councillor Logue, the Lead Legal Services Officer confirmed that all Objectors and Supporters on file had been notified of the meeting.

Following a question from Councillor Hastings, Mr Jenkinson, Department for Infrastructure –Rivers confirmed his satisfaction with the Flood Risk Assessment provided by the applicant. He clarified that the application had been awarded a low-risk hazard rating.

After concerns were raised by Alderman McClintock, the Principal Planning Officer commented that planning policy requires firm facts and that significant weight had been placed on the position and history of the application, rather than on the speculative nature of the tenant. She added that granted planning permission is placed on the land for a period of 5 years and clarified that this meant that any element of the application could be commenced at any time during that 5 year period.

In response to Members’ discussions/comments regarding previous applications for retail superstores, the Head of Planning reminded Members of the fact of the individual nature of different planning applications in terms of location and outcome over a period of years. She specified that in this case the application was at the edge of the City Centre. In response to queries from Councillor Logue, she advised Members that a Retail Capacity Assessment was carried out individually for each application to consider the potential impact of the retail situation at each stage.

In response to a query from Councillor McLaughlin the Principal Planning Officer stated she was not aware of any tenancy secured for the medical building.

Page 129 As a result of a query from Councillor D Kelly, the Lead Legal Services Officer clarified that this application should be considered as a fresh application.

In response to further queries from Councillor D Kelly, the Principal Planning Officer outlined that the Retail Impact Assessment for the application had examined the impact on current local centres such as Lisnagelvin and Sainburys. She clarified that Retail Impact Assessment could only look at the effect on current, established sites and not on future applications.

Councillor D Kelly commented that he was satisfied that the Retail Impact Assessment was robust.

In relation to Councillor D Kelly’s concerns surrounding hazardous materials, the Principal Planning Officer stated that an objection had been received which communicated concerns to the hazardous materials within the proposed petrol station. She advised that as the volume of Petrol/Diesel stored at the site fell below the required threshold, Hazardous Substances Consent was not required in this instance. She further advised that Environmental Health advice had been obtained which indicated that the risk to human or environmental receptors from the level of inundation was negligible and therefore would not warrant a refusal.

Mr Jenkinson, DfI Rivers expressed his surprise to objections received in relation to the issue of the flooding risk of the site and the impact from the potential failure of the Creggan Reservoir. He stated that he was unaware of the reservoir being considered high risk.

In answer to a question from the Chair, the Principal Planning Officer clarified that the reason Lisnagelvin Shopping Centre had a higher predicted retail impact within the Retail Impact Assessment was due to its higher turnover.

Councillor D Kelly stated that he felt the economic benefits of the application outweighed the speculative nature of the tenant. He added that he felt the term “speculative” was dangerous use of language.

In response the Head of Planning stated that the prospective tenant would not have significant bearing on retail planning policy considerations.

Page 130 However, in response to further queries from Councillor McLaughlin, the Head of Planning referred to Planning Policy Statement 4: PED 7 which does refer to the nature of the proposal and indicated that the application demonstrated 2 of the 7 reasons specified within the policy which has been considered and weighed up in the planning report alongside other material planning considerations. She also highlighted that the Retail Impact Assessment had concluded that there was a qualitative need.

Councillor Hastings moved, seconded by Councillor McKnight to grant planning permission, subject to the conditions as outlined within the report.

The voting was unanimous in support of the proposal.

The Committee Resolved that Planning Application A/2014/0629/F be granted planning permission, subject to the conditions as outlined within the report.

The Meeting went into Confidential Business.

The Meeting ended at 15.50pm.

Page 131 This page is intentionally left blank Agenda Item 10 Title of Report: Officer presenting: Lead Democratic & Improvement Services Officer Delegation to meet with the Permanent Secretary for the Author: Department of Education

1 Purpose of Report / Recommendations

1.1 The purpose of this report is to update Members on the letter issued to the Permanent Secretary of Education in respect of the current financial situation in the education sector and to seek nominations for a delegation from Council.

2 Background

2.1 Arising out of Council meeting held on 13th December 2018 (C404/18) Members agreed that a delegation from Council meet with representatives from the Department of Education to raise the concerns regarding the education budget.

2.2 The Director of Business and Culture wrote to the Permanent Secretary of Education on 28th January 2019 asking for a delegation from Council to meet to discuss the above concerns.

2.3 A response was received from Mr Baker on 11th February 2019 offering to meet with the delegation from Council and a meeting has now been scheduled to take place on Tuesday 16th April 2019 at 10.30 am in the Mayor's Parlour, Guildhall.

3 Key Issues

3.1 The Department has requested that details of delegation participants are provided in advance.

4 Financial, Equality, Legal, HR and Other Implications

4.1 There are no direct implications associated with this report

5 Recommendations

Page 133 5.1 That Council nominate the Mayor and up to 5 Members (one nominee per Political Party plus one Independent Member) to be part of the delegation to meet with the Permanent Secretary of Education on Tuesday 16th April 2019.

6 Background

Page 134 Agenda Item 11 Title of Report: Officer Presenting: Lead Democratic Services and Improvement Officer Request to illuminate the Guildhall/other civic building Author: As above

1 Purpose of Report/Recommendations

1.1 To seek Members’ views in relation to a request to light up the Guildhall/other civic building in support of the campaign to introduce an Irish Language Act.

2 Background

2.1 A request has been received from Conradh na Gaeilge to light up the Guildhall/ other civic building, for one day, in support of the campaign to introduce an Irish Language Act (Appendix 1).

2.2 In the past, subject to Mayoral approval (and payment of costs, where appropriate), requests from charities to have the Guildhall clock and/or the Strand Road Offices lit up have been facilitated. These buildings have also been illuminated as a result of a Council motion. (In special circumstances, other buildings/ features have also been lit up.)

2.3 In 2018, Council passed the following motion (Min Ref C113/18):

That this Council calls for the introduction of Acht na Gaeilge as promised in the St Andrews Agreement. We recognise the need to have the indigenous language of this island protected in legislation. We also recognise that Acht na Gaeilge is important in the context of protecting rights, showing recognition and demonstrating respect. In this council area, there is a fast growing Irish Language community; including the 563 children who are being educated through the medium of Irish. Their rights must be protected.

3 Key Issues

3.1 There is no formal written policy in request of the illumination of buildings /features.

4 Financial, Equality, Legal, HR, Improvement and other Implications

4.1 No charges are attributable to the illumination of the Strand Road Offices due to the LED lighting system. There is normally a £200 charge (minimum) made for the Page 135 lighting of the Guildhall clock, and other buildings/features, to meet set up /down costs.

5 Recommendations

5.1 That Members consider the request by Conradh na Gaeilge to light up the Guildhall/other civic building, for one day, in support of the campaign to introduce an Irish Language Act.

Background Papers

Page 136 Appendix 1

Translation

Dear Sir or Madam,

I am writing on behalf of An Dream Dearg (Irish Language Rights Advocacy Group) seeking the support of Derry City and Strabane District Council for the campaign to introduce an Irish Language Act. As you will be aware, Belfast City Council passed a motion last year in support of the campaign and following this we made an application to the Council to request City Hall to be illuminated in red which is our campaign colour.

I am certain that Derry City and Strabane District Council would be equally supportive and to that end I would like to request that the Guildhall or similar (civic) building could be illuminated for a day. This would help to publicise our campaign and would serve to encourage the dedicated language community in the area.

If you would be able to advise me as to how this could be arranged I would be very grateful.

Kind Regards,

Ciarán Mac Giolla Bhéin Etc Etc

From: Ciarán Mac Giolla Bhéin [mailto:[email protected]] Sent: 24 January 2019 16:48 To: Pól Ó Frighil; Maoliosa McHugh Subject: Soilse

A Chairde,

Táim ag scríobh chugaibh thar ceann an Dream Dearg ar lorg tacaíochta Comhairle Dhoire agus an tSrátha Báin don fheachtas ar son Acht Gaeilge. Mar is eol daoibh (tá súil agam!), cuireadh rún fríd Comhairle Bhéal Feirste anuraidh ag tacú leis an fheachtas agus ina dhiaidh sin rinne muid iarratas leo go mbeidh na soilsí i Halla na Cathrach lasta dearg leis an tacaíocht seo a léiriú go fisiciúil.

Page 137 Is cinnte go bhfuil an tacaíocht tréan céanna i gComhairle Dhoire agus an tSrátha Báin agus ba bhreá linn dá dtiocfadh linn soilsí an Guildhall nó eile a thiontú dearg don lá. Bhéarfaidh seo ardú próifíl nach beag don fheachtas agus go háirithe do na gníomhaite tiománta teanga sa cheantar sin.

Má tá comhairle ar bith agaibh maidir leis an bhealach chun seo a shocrú, bheinn go mór faoi chomaoin agaibh.

Is mise le meas,

Ciarán Mac Giolla Bhéin Bainisteoir Abhcóideachta +28 90315647 | +447545293841

Page 138 Agenda Item 13

Title of Report: Officer Presenting: Chief Executive Resolutions from Other Councils Author: Lead Democratic Services and Improvement Officer

1 Purpose of Report/Recommendations

1.1 To advise Members of Resolutions received from other councils

2 Correspondence Received

2.1 Correspondence has been received from Lisburn and Castlereagh City Council outlining a resolution adopted by their Council (Appendix 1).

3 Recommendations

3.1 In accordance with Council procedures, these resolutions will be treated as a matter for information to be noted, and only discussed if the majority of Members agree to such discussion.

Page 139 This page is intentionally left blank Page 141 This page is intentionally left blank Agenda Item 14

Title of Report: Officer Presenting: Chief Executive Responses to Motions Author: Lead Democratic Services and Improvement Officer

1.0 Purpose of Report/Recommendations

1.1 To advise Members of correspondence received in relation to Motions passed by Council.

2 Correspondence Received

2.0.1 Motion – Recent Snowfall

At the Meeting of Council held on 31 January 2019 the following Motion was passed:

2.0.2 The following responses were received:

Principal of Holy Cross College, Strabane (attached as Appendix 1) Principal of St Joseph’s Boys’ Secondary School, Derry (attached as Appendix 2)

2.1.1 Motion – Irish Backstop

At the Meeting of Council held on 31 January 2019 the following Motion was passed:

2.1.2 The following response was received:

An Taoiseach, Leo Varadkar (Attached as Appendix 3).

2.2.1 Motion – Smear Test Screening Policy

At the Meeting of Council held on 31 January 2019 the following Motion was passed:

Derry City and Strabane District Council recognises that cervical cancer is one of the most preventable cancers in women. And as such will write to the Permanent Secretary for Health and to the Minister for Health in the 26 Counties urging them to reconsider their screening policy. We believe in addition to population screening, a smear test should be available to any female, regardless of age, if they request it. #smearondemand

2.2.2 The following response was received:

Minister for Health, Simon Harris TD (Attached as Appendix 4).

3.0 Recommendation

3.1 Members are to consider the replies received and advise if any follow up action is required.

Page 144 Page 145 This page is intentionally left blank Page 147 This page is intentionally left blank Page 149 This page is intentionally left blank Page 151 This page is intentionally left blank Agenda Item 15

Sealing List February 2019

Document Sealed 22nd January 2018

Transfer Deed in triplicate:- Derry City and Strabane District Council ~to~ William Lee Kennedy relating to lands adjacent to 22 Carmoney Park, Campsie.

Documents Sealed 30th January 2019

Licence Agreement in duplicate:- Derry City and Strabane Council ~and~ Adrian Hetherington and Ciaran Hetherington t/a Hetherington Painting & Building Contractors relating to Temporary Site Compound at Church Square, Sion Mills.

Document Sealed 12th February 2019

Deed:- Derry City and Strabane District Council ~and~ Edmond Quinn of Quinn Automatic Ltd relating to Kilfennan Greenway Project.

Document Sealed 14th February 2019

Articles of Agreement in duplicate:- Derry City and Strabane District Council ~and~ P McColgan & Sons Limited relating to Replacement of the Lighting along the City Walls from Walkers Pillar to Butcher Gate TENV18-123

Documents Sealed 28th February 2019

Grants of Right of Burial in Ballyoan Cemetery Mrs Judy Wallace, 105 Bann Drive, BT47 2MW. Mr Michael Devenney, 32Old city Court, Derry, BT48 9UU. Mrs Nora McStravick, 5 Gortmore Place, Strathfoyle, Derry.

Grants of Right of Burial in City Cemetery Mr Philip Friel, 47 Beechwood Crescent, Derry, BT48 9LU. Ms Lorraine Coyle, 21 Benview Estate, Derry, BT48 0NG. Mr Philip O’Hagan, 6 Baldrick Crescent, Derry, BT48 0HP. Mrs Catherine McCafferty, 52 Magowan Park, Derry, BT48 9SL. Mr Liam Deane, 73 Glen Road, Derry, Bt48 0BY. Mr Paul Lynch, 49 Victoria Gate, Derry, BT47 2TQ. Ms Natasha White, 46 Drumleck Gardens, Derry, BT48 8ET. Mr Patrick Nicell, 1 Brookdale, Galliagh, Derry, BT48 8DD. Mrs Ansbeth Donnelly, 20 Dunmore Gardens, Derry, BT48 9NL. Mr Patrick McColgan, 141 Elmvale, Derry, BT48 8SL. Mrs Anna Heaney, 10 Glenview Street, Derry, BT48 0DZ. Mr Edward Meenan, 78 Killyhole Road, Drumsurn, BT49 0PQ. Mr Frankie McLaughlin, 15 Farren Park, Derry, BT48 7QH. Mr Charles Fisher, 4 Aberfoyle Crescent, Derry, BT48 7PG. Mrs Helen Lyttle, 39 Thorndale, Derry, BT48 8TT. Ms Josephine Smith, 25 O’Casey Court, Derry, BT48 0PS. Ms Carla Devine, 24 Friels Close, Derry, BT48 0QE.

Page 153 Grants of Right of Burial in Ardstraw Burial Ground Shirley Kerrigan, 3 Davis Crescent, Newtownstewart, Omagh, Co Tyrone, BT78 4BP

Grants of Right of Burial in Strabane Burial Ground Edward Duffy, 51 Barrack Street, Strabane, Co Tyrone, BT82 8HD Paddy O’Goan, 37 Newtownkennedy Street, Strabane, Co Tyrone, BT82 8HT

Grants of Right of Burial in Urney Burial Ground William Loughlin, 177 Melmount Road, Sion Mills, Strabane, Co Tyrone, BT82 9LA Hazel Kee, 33 Liskey Road, Strabane, Co Tyrone, BT82 8NP

Page 154