MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 13 January 2009. The meeting commenced at 7.30 pm.

Presiding Mrs K A McEldowney

Other Members Present Mrs E A Forde P J Bateson J Campbell T J Catherwood J Crawford Mrs A C Gribbon P E Groogan O T Hughes J F Kerr P McLean J J McPeake I P Milne G C Shiels

Apology Miss K A Lagan

Officers Present J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mr A Cassells (newly appointed Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) Mrs Audrey Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance

NIPSA: Ms Lucia Collins Mr Michael Gribben

DoE Planning Service: Ms Sandra Adams, Planning Officer

1 MINUTES

1.1 The Chief Executive drew the Members’ attention to Page 19 of the Minutes, paragraph 7.1.2 and said that the names of the Proposer and Seconder had been omitted. The minute should read: “Proposed by Councillor Miss K A Lagan, Seconded by Councillor P McLean, and Resolved: to adopt the Planning Schedule dated 9 December 2008, subject to the above conditions and amendments.”

2 1.2 Attention was also drawn to Page 37 – Item 10.2 - North West Region Waste Management Group – Joint Committee Technology Workshop – first paragraph, which should be amended to read: “Mr Johnston stated that he would be amazed if the members of the joint committee came to a unanimous decision regarding any of these technologies and therefore he recommended that this Council’s officers be authorised to recommend that the Members of the joint committee be asked to vote for Moving Grate, Fluidised Bed and Gasification as the proven technologies”.

1.3 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 9 December 2008 (copy previously circulated to each Member), subject to the above amendments, be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

The Chief Executive advised that there were no matters as such arising out of the Minutes.

2.1 Members’ attention was drawn toe another Public Consultation on the Draft Area Plan in The Bridewell, Magherafelt on Tuesday, 27 January 2009 from 7.00 – 9.30 pm.

Noted.

2.2 The Chief Executive further advised Members that from Monday, 2 February 2009 the Planning Appeals Commission would be used the 1 st Level of the Administrative Offices for Stage 1 of the Public Examination into the Draft Magherafelt Area Plan. It was expected that the Public Examination would continue for approximately five weeks.

Noted.

2.3 The Chairperson congratulated Mrs Ann-Marie McKenna, a member of staff in the Finance Department, on the birth of her first child, and requested that a message of congratulations be sent to her on this special occasion.

2.4 The Chairperson welcomed Councillor Mrs A C Gribbon back to the Chamber after her period in hospital.

Members agreed.

3 PRESENTATION – DSD SOCIAL SECURITY AGENCY/NIPSA UNION

The Chairperson welcomed Ms Lucia Collins and Mr Michael Gribben, representatives from NIPSA to the meeting to address the Council on the consultation document entitled “Delivering a Better Service for Customers” prepared by the Social Security Agency, and to explain the proposed changes to how services are delivered through the Jobs & Benefits and Social Security Office Network (copy of consultation document previously circulated to each Member). 3 Ms Collins thanked the Council for the opportunity to raise difficulties with the Social Security Agency’s package which they claim would enhance improvements in telephony, appointment booking and online provision services for customers. She said that proposals to modernise local office services was not good news for employees, and that the Agency’s effort to build up a strong office network would result in 200 less jobs in the Social Security Agency and 850 staff would be forced to move to other locations. Ms Collins stated that this would lead to further staff efficiencies in due course. There was still no guarantee that part-time contracts would be protected and it was the feeling that all part-time contracts would be reviewed.

Mr Gribben continued by stating that whilst the Agency had said that the introduction of more business by telephone through a low cost telephone number would save the customer time, travel and money and that they could do business in the privacy of their own home would mean that customers would move away from using local offices as would the introduction of self-service access to the Agency’s website for information and forms. The back-office processing work which concerned staff most, particularly female staff particularly those with caring responsibilities. The Agency had said that currently processing work was too thinly spread over the local office network with 74 processing teams located at 35 sites and this could not be sustained in the future. It was hoped to consolidate this work into 18 processing teams which in the Agency’s opinion would provide a critical mass of people in each team leading to a more focussed and more professional service for customers. He said that in the Magherafelt local office it could mean 40 back-office staff and 4 front-office staff. To date there had been no consultation regarding these arrangements with the Unions or employees. Ultimately it would be the Minister for the Department of Social Development who would make the final decision.

Copies of NIPSA’s Position regarding the Strategic Business Review and a question and answer brief for clarification was circulated to each Member.

The Chairperson thanked Ms Collins and Mr Gribben for their presentation and asked Members to bring forward any questions they might have for the NIPSA representatives.

Councillor J J McPeake referred to the radical changes proposed by the Agency and referred to the human impact particularly those who would be deployed or relocated. To him, particularly when unemployment figures had never been so high, such proposals should be suspended. He therefore called on the Council to support NIPSA in their opposition to the Social Security Agency’s proposed plan.

Councillor J Campbell commented that each day the employment situation was more grim and said that the Council needed to push for the suspension of the review until the full impact could be evaluated.

Councillor P McLean added that customers’ carrying out all business by telephone was not in his opinion the right channel.

The Chairperson, Councillor Mrs McEldowney referred to the many detailed forms which need completion in order to claim benefits, etc and in particular a Disability Living Allowance form which consisted of some 32 pages. This, she said could not be filled-in on a telephone call.

Councillor Mrs A E Forde agreed that telephone calls could never replace a face to face meeting with a member of staff to resolve problems. 4

Councillor J F Kerr endorsed all that Members had said and called for a suspension of the review.

Accordingly, it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the Council respond to the Consultation Paper and requests that the Social Security Agency’s Review be suspended until the full impact of the proposals on staff and customers are evaluated and mitigating actions put in place.

Representatives from NIPSA Union retired from the meeting at 8.00 pm.

4 BUILDING CONTROL DEPARTMENT 210/1/2009

The Director of Building Control presented the Department’s report for the period 29 November 2008 to 2 January 2009 (copy previously circulated to each Member).

4.1 During this period twenty-eight applications had been recommended for approval and one hundred and sixty-nine applications required amending by Architects and Agents before granting approval.

4.2 Applications for Extension of Time and Cancellation of Time Lapsed Approvals

During this period there was one extension of time – MA/2078/0312 – NIHE for an extension to a dwelling at 14 Kearneys Villas, . There was also one cancellation – MA/2045/0276 – Miss Catherine Martin for alterations and extension to a dwelling at 6 Mullaghboy Road, .

4.3 Application for Notices and Regularisations

During the period from 1 November to 28 November 2008 there were two Notices issued and no Regularisations issued.

During this period sixty-one applications have commenced on site and seventy-seven applications were found to be complete in accordance with Building Regulations.

There were nine new Postal Numbers and Postcodes issued for private dwellings

4.4 Property Certificates

There were thirty-one Property Certificates issued for this period.

4.5 Dangerous Structures

4.5.1 17 Meeting Street, Magherafelt Mr Glendinning apologised for the error in his report (17 Meeting Street, Bellaghy) and said that a dangerous structure was found to exist at 17 Meeting Street, Magherafelt.

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Loose slates at the corner of the building facing on to the junction of Meeting Street and Kirk Avenue were in danger of falling and injuring the public. The owner was contacted immediately and asked to make the building safe.

Mr Glendinning explained that the owner could not repair the building until the following weekend (three days later). As the weather forecast predicted high winds the Council’s staff removed approximately five loose slates and the roof was repaired by the owner the following weekend.

Mr Glendinning reported that the building was now safe to the public.

Noted.

4.5.2 Riverside, Mr Glendinning stated that the PSNI had reported a dangerous structure at Riverside, Upperlands as a result of a malicious fire on 23 December 2008. The premises were visited to assess the damage. It was found that the building in question was one of Clark’s linen mills which had been completely gutted by fire. However a dangerous structure under the Dangerous Structure Legislation did not exist as the building was situated on private land and not on a public road or footpath; therefore, no Notice was put on this building.

Noted.

4.6 Councillor P McLean referred to the number of applications which required amendments and said that in his opinion this was exceptionally high.

4.7 In reply, Mr Glendinning advised that this matter had been raised by the Council recently and Members felt that if applications were rejected by the Building Control Department applicants would suffer at the behest of architects that did not comply with the new Regulations. He stated that if the Council so wished his department would reject applications which did not meet the requirements for approval. Mr Glendinning further pointed out that there was no additional cost for a new application, but he also explained to the Council the procedures carried out by his department if an application did not meet Building Control Regulations for approval. In addition, where applications were rejected and a new application lodged, they would fall under the new Building Regulations which were much more onerous than previously. Therefore all buildings already commenced would have to alter works already completed to meet the new regulations or apply by Regularisation. If they applied by Regularisation they would then be required to pay a fee which would include an add-on penalty fee which would be much greater than the original application fee therefore the applicant still suffered instead of the Agent and in many cases the Agent had already received his fee or a substantial part of his fees.

4.8 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: to adopt the report as submitted.

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5 NAMING AND NUMBERING OF STREETS

Consideration was given to the naming of a laneway off Seefin Hill, . Mr Glendinning explained that Mr Kieran Doherty who lived at 6G Seefin Lane had suggested it be named ‘Lána Shuí Finn’ .

On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the laneway of Seefin Hill, Maghera be named ‘Lána Shuí Finn’.

6 LICENCES AND REGISTRATIONS

6.1 Entertainment Licences :

Submitted the following applications for Entertainment Licences which were in order and recommended for renewal:

E.3 O’Donovan Rossa GAC, 79 Road, Magherafelt E.9 Regans’ Bar, 19 Hall Street, Maghera – Mrs Karen Regan E.11 The Cellar Bar, 37 St Patrick’s Street, – Mr Ryan Regan E.12 St Colm’s GAC Social Centre, Corrick Road, Draperstown – Mr Danny Scullion E.16 Castledawson Presbyterian Church Hall, 51 Main Street, Castledawson – Mr Norman McMullan E.33 The Johnston Hall, Rainey Street, Magherafelt – Rainey Endowed School E.34 Fallagloon AOH Community Hall, High Street, Draperstown – Mr Sean Doherty E.43 Downey’s Bar, 26-28 Queen Street, Magherafelt – Mr Henry Downey E.50 The Old Thatch Inn, 116 Hillhead Road, Castledawson – Mr Joseph McLarnon E.56 McAllister’s Bar and Lounge, 76b Sixtowns Road, Draperstown – Mr Peter McAllister E.78 Magherafelt High School, 20 Road, Magherafelt – Mr Brian McCluskey E.88 McMasters Bar, 27 Main Street, Maghera – Mary O’Kane and Anne Marie Crawford E.133 St John Bosco Youth Club, Culbane Road, Portglenone – Mr Patrick Cassidy E.140 St Martin’s GAC, 51 Longfield Road, Magherafelt – Mr Anthony McSwiggan E.141 Meadowbank Recreation Centre, Ballyronan Road, Magherafelt – Magherafelt District Council E.142 Draperstown Community Hall, High Street, Draperstown – Magherafelt District Council 7 Submitted the following application for an Entertainment Licence which was in order and recommended for granting:

E.122 The Parish Centre, 153a Aughrim Road, Toomebridge – Rev John Fox

6.1.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: to renew the applications as submitted and approve application E.122.

6.2 Street Trading Licences:

Submitted the following applications for Street Trading Licences which were in order and recommended for granting:

ST.10 Ms Jennifer A M Porter, 22 Gortamney Lane, Lay-by at , Maghera

ST.12 Mr Samuel Kirkpatrick, 14 Rosgarron Road, Magherafelt Lay-by adjacent to Moyola Bridge, Maghera Road, Tobermore

ST.22 Mrs Charlene McNally, 108 Bancran Road, Draperstown Grillagh Picnic Area, Moneysharvin Road, Maghera

ST.26 Zahid Gulzar, 58 Knockmoyle Drive, Antrim Car-park and Lay-by adjacent to the Road, Maghera

6.2.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: to approve the applications for Street Trading Licences as submitted.

6.3 Amusement Permit:

Submitted an application for the renewal of an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise which was recommended for renewal:

A4 Kathleen McMullin, 69 Road, Upperlands

On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the application as submitted be renewed. 8

7 PLANNING SERVICE 185/1/2009

7.1 New Planning Applications:

H/2007/0018/RM – F P McCann Developments Ltd Approval

H/2007/0475/F – Very P Murphy Deferred on the request of Councillor J Campbell to await the outcome of meeting with the Environment Agency to be held later in the week.

H/2007/0584/F – Mr & Mrs G McCormick Approval. The Planning Officer advised that there were two objections to this application.

H/2007/0588/F – Mr M Stewart Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer.

H/2007/0814/F – Miss J McKenna Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer.

H/2007/0833/O – Mr M Bradley Approval

H/2007/979/O – J Martin Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2007/0916/RM – North Eastern Education and Library Board Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0920/LB – Mr J McLean Consent

H/2007/1013/F – K Burns Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2007/1100/F – Mr J McLean Approval.

H/2007/1123/F – Toome Industrial Developers Approval.

H/2008/0001/RM – Mr W Garvin Approval. The Planning Officer advised that there were ten objections to this application.

H/2008/0060/F – J Molloy Approval 9

H/2008/0060/F – Donnelly Developments Ltd Approval. The Planning Officer advised that there was one objection to this application.

H/2008/0113/F – Clanmill Housing Association Cllrs P McLean, J Crawford, G C Shiels, T J Catherwood, J J McPeake and Miss K A Lagan requested that this application be deferred pending further information.

H/2008/0169/RM – Mr N Lennox Approval

H/2008/0187/F – Yardmaster International Approval

H/2008/0194/RM – F Donnelly Approval

H/2008/0198/RM – Mr D Clarke Approval

H/2008/0273/RM – Mr R J Mawhinney Approval

H/2008/0283/RM – Mr R Stanley Approval

H/2008/0294/F – HGB Developments Deferred for an office meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer. The Planning Officer advised that there were two objections to this application.

H/2008/0309/F – Mr J Crilly Deferred for an office meeting on the request of Councillor P McLean. Councillor McLean handed a letter of submission to the Planning Officer.

H/2008/0310/RM – Mr & Mrs P Caskey Approval. The Planning Officer advised that there were two objections to this application.

H/2008/0357/F – Mr J Kearney Approval

H/2008/0362/F – Mr & Mrs K McIvor Approval

H/2008/0378/F – S Gillan Deferred for an office meeting on the request of Councillors Miss K A Lagan and G C Shiels. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2008/0385/RM – Mr S Hamilton Approval. The Planning Officer advised that there was one objection to this application.

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H/2008/0416/F – HBG Developments Ltd Deferred for an office meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.

H/2008/0428/RM – Mr W G Crossett Approval

H/2008/0437/F – F McCusker Approval

H/2008/0448/RM – C Higgins Approval

H/2008/0449/F – Mr B O’Loughlin Approval

H/2008/0468/F – Mr & Mrs A Lupari Approval

H/2008/0493/F – Mr S McElwee Approval

H/2008/0509/F – Mr J Brown Deferred for an office meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer.

H/2008/0545/RM – Mr J McConnell Approval

H/2008/0547/O – Miss S McAllister Approval

H/2008/0553/RM – Mr D Arrell Approval

H/2008/0560/RM – Mr & Mrs D Friel Approval

H/2008/0570/RM – Mr B Crockett Approval

H/2008/0573/F – C Woods Approval

H/2008/0574/F – Mr D Roe Deferred for an office meeting on the request of Councillors G C Shiels, J Campbell and T J Catherwood. Councillor Shiels handed a letter of submission to the Planning Officer.

H/2008/0577/RM – Mr C Cleary Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer. 11

H/2008/0580/F – L McEldowney Deferred for an office meeting on the request of Councillor P E Groogan. Councillor Groogan handed a letter of submission to the Planning Officer.

H/2008/0584/F – Mr S Doherty Temporary Approval.

H/2008/0585/F – J Kealy Approval

H/2008/0590/F – C McGarvey Approval

H/2008/0596/F – J Payne Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2008/0604/F – Mr & Mrs J Bowman Approval.

H/2008/0620/F – Ms J Lewis Approval.

H/2008/0629/F – L Diamond Approval

H/2008/0632/F – Mr K Conway Approval

H/2008/0637/RM – Mr G Bodkin Approval

H/2008/0644/F – Mr D Wallace Deferred for an office meeting on the request of Councillors G C Shiels, J Crawford and T J Catherwood. Councillor Shiels handed a letter of submission to the Planning Officer.

H/2008/0646/F – Mr McCann Approval

H/2008/0648/F – Mr S Scullion Approval

H/2008/0655/F – Mr S Logue Approval

H/2008/0659/F – D Donnelly Deferred for an office meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.

H/2008/0661/RM – R Hastings Approval 12 H/2008/0662/F – Mr J Wallace Deferred for an office meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.

H/2008/0663/F – S Wise Approval

H/2008/0664/F – Mr M McBride Approval

H/2008/0665/F – Mr J Steele Deferred for an office meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer.

H/2008/0666/F – Mr & Mrs P Kerr Approval

H/2008/0667/F – Mr W Ledgewood Approval

H/2008/0668/F – Mr P Shaw Deferred for an office meeting on the request of Councillor I P Milne. Councillor Milne handed a letter of submission to the Planning Officer.

H/2008/0669/F – Mrs D McAuley Approval

H/2008/0670/F – Mr B McEldowney Approval

H/2008/0671/F – Mr D O’Kane Approval

7.1.1 Applications Deferred from Previous Meeting:

H/2005/0819/O – Mr E McAtamney Refusal

H/2005/1155/O – E & C Johnstone Refusal. Councillors Mrs E A Forde and G C Shiels requested a further deferral. A letter of submission from the applicant’s agent was handed to the Planning Officer. The Planning Officer disallowed the deferral. Councillor Shiels indicated that it was his understanding that an MLA might take up the case of the applicant.

Councillor P J Bateson asked that it be recorded that the Council was opposed to the Planning Service’s decision to refuse the application.

H/2005/1212/F – Bellshill Developments Approval.

H/2005/1293/RM – Mr M Higgins Approval 13

H/2006/0444/F – N Young Approval under draft PPS 21.

H/2007/0553/O – Mr R Martin Approval

H/2007/0582/F – Mr L Watters

Approval. The Planning Officer advised that there were two objections to this application.

H/2007/0608/F – Mr F Convery Approval

H/2007/0705/O – Heaney Developments Refusal

H/2007/0764/F – Mullaghboy Construction Co Ltd Approval

H/2007/0777/F – Glasnevin Developments Approval of amended scheme. The Planning Officer advised that there were three objections to this application.

H/2007/0975/F – Corramore Construction Refusal. Councillor J J McPeake requested a further deferral due to the fact that a meeting with Roads Service regarding the construction of a footbridge to serve the site was being held later in the week. The Planning Officer advised that the outcome of this meeting would probably result in the need for a new application. It was agreed that the decision notice be held for one week. The Planning Officer further advised that there were two objections to this application.

H/2007/0984/F – Mr B O’Kane Approval under draft PPS 21.

H/2007/1098/F – Mr W Nesbitt Refusal. Letter of complaint was submitted. Councillor J Campbell and O T Hughes indicated that they wished to be associated with the letter of complaint.

H/2007/1133/F – W Paul Approval

H/2007/1141/F – E Donnelly Approval

H/2008/0193/F – DNA Contracts Refusal

H/2008/0222/F – Mr J Wallace Approval

14 H/2008/0227/F – R G Espie & Son Ltd Approval

H/2008/0487/F – Mr C J Hurl Approval

H/2008/0504/F – Mr S O’Neill Approval

7.1.2 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: to adopt the Planning Schedule dated 13 January 2009, subject to the above conditions and amendments.

The Planning Officer retired from the meeting at 8.25 pm.

7.2 Submitted letter from Mr Richard Meighan, DMAP Manager in connection with the Magherafelt Area Plan 2015 Independent Examination (copy previously circulated to each Member).

7.2.1 The letter gave the background leading up to the Independent Examination would be conducted by the Planning Appeals Commission commencing on 2 February 2009 at 10.00 am in the Council Offices and would continue as necessary.

7.2.2 Mr Meighan further intimated in his letter that following the Independent Examination, PAC would prepare a report and forward it to the Department. It would be considered, and the Department could adopt the Plan in whole or in part, with or without modification. The Department would publish a statement with the Adopted Plan outlining the decisions that it had reached, in light of the report and any recommendations contained in it, together with reasons for those decisions.

Noted.

7.3 Submitted details of Public Information Days being held by the Department of the Environment in connection with the revised rural planning policy for public consultation through draft PPS 21 ‘Sustainable Development in the Countryside’ (copy circulated to each Member).

7.3.1 The Chief Executive advised that the nearest location for Members was Loughry Campus, Cookstown on Tuesday, 10 February 2009 for 10.00 am to 7.00 pm and that members of the public were encouraged to take advantage of the opportunity to find out more about draft PPS 21.

Noted.

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8 PLANNING APPEALS COMMISSION

Submitted details of Appeals Against Enforcement Notices issued on 18 November 2008 to Mr Francis Higgins in connection with Alleged unauthorised storage of vehicles, building/horticultural equipment & associated materials, and alleged unauthorised extension of cartilage of dwelling making a material change to the use of lands to the rear of 4A Grange Road, Magherafelt (copies previously circulated to each Member).

8.1 Members agreed not to make representations.

9 ENVIRONMENTAL HEALTH DEPARTMENT 196/1/2009

Mr M. Young, Director of Environmental Health submitted the report for the month of December 2008 (copy previously circulated to each Member)

9.1 Relationship between NI District Councils and the Local Better Regulation Office LBRO):

Mr. M. Young reported that as part of the Government drive to ensure “good regulation” and following the Hampton Report into regulatory practice and the McCrory Report into effectiveness of regulatory sanctions, Government enacted the Regulatory Enforcement and Sanctions Act 2008, (the RES Act), which has placed the “better regulation” agenda on a statutory basis and created the Local Better Regulation Office (LBRO) to monitor and promote high standards of regulation. LBRO has an initial remit to look at the work of Environmental Health and Trading Standards Departments.

9.1.1 As the remit of LBRO extends by statute only to non devolved matters, which as far as Environmental Health is concerned relates to the Consumer Protection Act 1987 and Regulations made under that Act, i.e. safety of goods, an arrangement to allow transferred matters to be dealt with in a similar manner and which would assist business and allow for mutual arrangements to be in place between enforcing authorities was required.

9.1.2 A Memorandum of understanding had been drafted to set out the relationships between Magherafelt District Council, District Councils in NI, and LBRO in GB in environmental health matters not otherwise covered by the RES Act.

9.1.3 It was recommended that the Memorandum of understanding as detailed in the report be adopted. After discussion, it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the draft Memorandum of Understanding, as detailed in the report, be adopted.

9.2 Pollution Control and Local Government (NI) Order 1978:

A complaint had been received from a resident of Davison Villas, Castledawson concerning noise nuisance from a barking dog. It was reported that complaint logs had been returned and periods of monitoring carried out which substantiated the existence of a noise nuisance. 16

9.2.1 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor P J Bateson, and

RESOLVED: that a noise abatement and prohibition notice be served under Article 38(1) of the Pollution Control and Local Government (N.I.) Order 1978 in respect of noise from premises at 31 Davison Villas Castledawson.

9.3 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

RESOLVED: to adopt the remainder of the report, which was for information.

10 OPERATIONAL SERVICES DEPARTMENT 322/1/2009

Submitted report by the Director of Operations for the month of December 2008 (copy circulated to each Member)

10.1 Mr Cassells gave a detailed presentation of his report, and where appropriate sought the Council’s opinion/approval/permission regarding a number of specific proposals/ recommendations contained in the report. In respect of these items the following resolutions were agreed by Council.

10.2 Community Services

10.2.1 Summer Bonfires Project

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor J J McPeake, and

RESOLVED: that before making a decision on this item that further information be sought regarding whether the benefits from this initiative had to be limited to one particular group or one particular area or whether consideration could be given to a number of groups or areas. As a consequence this item is to be brought forward to the February 2009 monthly meeting.

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10.2.2 Bebo or not to Bebo

It was

PROPOSED by Councillor J Campbell Seconded by Councillor J F Kerr, and

RESOLVED: that Maghera Leisure Centre and the Bridewell Tourist Information Centre were not the best venues for the play and that potentially it would be better viewed at local schools, etc. where the facilities existed for the PSNI to conduct the necessary ‘breakout’ workshops.

10.2.3 Events and Festivals Programme 2009

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean

RESOLVED: that the programme for applications for 2009 with respect to the activity, date and duration be approved for the delivery of the Summer Grants Programme.

10.3 Good Relations

10.3.1 Community Development Grants

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the maximum grant which the Council would approve be increased from £500 to £1,000 for the financial year 2009/2010, and that the application period commence in April of 2009 in order to give applicants an increased time to respond.

It was further resolved that £8,000 of the remaining budget underspend be transferred to the Events and Festivals Programme for the current financial year (2008/2009) as it was believed there were a number of events which would benefit from support.

This resolution included the delegation of authority to the Chief Executive in conjunction with the party leaders, chairperson and vice-chairperson to make award of up to £8,000 in terms of grants given the timing that this request comes in the current financial year.

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10.3.2 Request from the Grand Orange Lodge of Ireland

It was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

That a letter of support be drafted to the Grand Orange Lodge in respect of their proposed extension at Schomberg House, Belfast, which is to feature an Interpretative Centre for the benefit of visitors.

On a vote being taken 5 Members voted for, 3 Members voted against and 6 Members abstained, voting being by show of hands. The Chairperson declared the motion carried.

10.4 Leisure Services

10.4.1 Northern Ireland Local Government Awards 2008

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean

RESOLVED: that pending further information from the Chief Executive, the five Councillors involved in the Best Initiative by a Councillor attend the Awards Ceremony which will take place at NIILGA Annual Conference in the City Hotel, Armagh on Thursday 26 February 2009.

10.5 Technical Services

10.5.1 Ulster in Bloom

It was

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr, and

RESOLVED: that as in line with 2008, the entries for Ulster in Bloom 2009 be for the following towns and villages; Magherafelt, Maghera, , Tobermore, Draperstown, Castledawson, Bellaghy, Clady, Innisrush, , Swatragh, , Gulladuff, , Curran and Moneyneeny.

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10.5.2 Bi-Lingual Street/Road Nameplates

(i) It was

PROPOSED by Councillor Kerr Seconded by Councillor Milne, and

RESOLVED: that the following streets/roads have bi-lingual nameplates erected as a result of the outcome of the written requests and surveys which were carried out; Cahore Road, Cordarragh Road, Drumard Lane, Drumard Road, Gortnaskey Road, Moybeg Road, Ballyhagan Road, Ballyknock Road, Coolnasillagh Road, Drumconready Road, Glenshane Manor, Largantogher Park, St Lurach’s Gardens, Tullyheron Road and Sperrin View.

(ii) It was further agreed that given the wishes of the residents the following roads would remain with English only street/road nameplates; St Lurach’s Terrace, Tirkane Court and Mullaghmore.

(iii) It was

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr, and

RESOLVED: that the Council would survey residents living at Ballyheifer Road, Greenvale Park, Mullaghboy Heights, Piney Hill, Queen’s Avenue, Slemish View and Sperrin Drive regarding the erection of bi-lingual street/road nameplates in these areas.

10.5.3 Bi-Lingual Town/Village Nameplates

It was

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr, and

RESOLVED: that the Director of Operations would seek clarification from the Roads Service within the Department of Regional Development concerning the current status of the Roads Service Policy on bi-lingual traffic signs and that he report back to the Council accordingly.

10.5.4 Cahore Road, Draperstown

(i) It was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

RESOLVED: that the officers would make one further attempt to seek a resolution with respect of the proposed lease between the Council and Draperstown Celtic F.C in relation to the pitches at Cahore Road, Draperstown.

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(ii) It was further resolved that should an amicable agreement not be reached between the Council and Draperstown Celtic F.C., that the Council would consequently set a timescale with the Club for the acceptance or otherwise of the lease as it currently stands in relation to the condition of the pitches.

10.6 All other items were noted by the Council

10.7 Mr Cassells asked the Chairperson’s permission to raise an additional item.

The Chairperson agreed to this request.

10.8 Good Relations:

10.8.1 Advanced Mediation Course

Mr Cassells advised that Mr Sean Henry, the Council’s Good Relations Officer, had been offered an Advanced Mediation Course by the Peace and Reconciliation Group which is a ten day course (one day per week) and is to be held over a ten week period, commencing Tuesday 17 February 2009. The course is to be held at the Group’s headquarters at Bishop Street, Londonderry/ and is being supported by Peace III funding. This course is an advanced course and follows on from the Foundation Mediation Course that Mr Henry attended in 2006 and for which the Council gave permission.

It was

PROPOSED by Councillor Seconded by Councillor

RESOLVED: that the Council’s Good Relations Officer be granted permission to attend the forthcoming Advanced Mediation Course.

The Chairman adjourned the meeting for a comfort break at 10.05 pm.

The meeting reconvened at 10.25 pm.

11 ABSENTEEISM REPORT 2008 523/1/2009

Submitted report of the Chief Local Government Auditor on Absenteeism in Northern Ireland Councils 2007-2008 (copy previously circulated to each Member).

11.1 The Chief Executive stated that the report revealed that Magherafelt District Council had the lowest average annual absenteeism rate for the 2005-2008 period compared to Northern Ireland Councils as a whole having an average absenteeism rate of 13.70 days.

Noted.

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12 PAYMENTS OF ACCOUNTS 1/2009

Submitted Statement of Expenditure setting out payments to be made during the month of January 2009 (copy circulated to each Member).

12.1 The statement provided for £930,669.47 out of the Revenue Account and £638.83 out of the Capital Account.

12.2 On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor O T Hughes, and

RESOLVED: to approve the Statement of Accounts as submitted for January 2009.

13 TENDERS – BUILDING CONTROL SOFTWARE

Submitted report on tenders received for the upgrading of the Building Control Software which could be partially funded by a Central Government grant provided by the Land and Property Services in the amount of £11,500. In his report (copy previously circulated to each Member) the Director of Building Control stated that the Land and Property Service’s grant was intended to enable Building Control Departments to be able to submit commencement data electronically in a prescribed format to enable the Land and Property Services to assess property values accurately and as early as possible. The system would also enable the Council, if it so determined at a later date, to participate in data sharing by providing property survey data to enable Land and Property Services to collect property data in order to update the Valuation List. However acceptance of the Land and Property Services Funding at this time was not conditional on the Council agreeing to participate in data sharing.

13.1 Mr Glendinning recommended that the Council accept the tender from Tascomi Ltd in the sum of - 1st year £19,500 (including installation); 2 nd year £10,500; and 3 rd year and onwards £10,500.

13.2 On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor J F Kerr, and

RESOLVED: to adopt the Officer’s recommendation, accept the tender for Building Control Software from Tascomi Ltd and draw down the Land and Property Service’s funding in the amount of £11,500.

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14 FINANCIAL CONTRIBUTIONS 56/01/2009

14.1 North West Voice:

Submitted a letter of request from Dr Hazlett Lynch, Director, West Tyrone Voice intimating that a trip for twenty elderly and injured victims of paramilitary terrorism in West Tyrone had been organised and it was hoped the Council would made a voluntary subscription of £400 (copy circulated to each Member).

14.2 On consideration Members agreed not to make a contribution as the charity was based in Newtownstewart which was outside the Council’s area.

15 CONFERENCES AND COURSES 258/1/2009

Consideration was given to the nomination of delegates to attend the following conferences and courses:

15.1 Rural Planning Policy: Has a Solution Been Found? A half-day seminar hosted by The Chartered Institute of Housing in Northern Ireland to discuss options for sustainable rural planning policy to be held on Friday, 27 February 2009 in the Glenavon House Hotel, Cookstown. The cost per delegate would be £70 (details previously circulated to each Member).

15.1.1 On consideration it was agreed to leave this seminar open to any Councillor who wished to attend.

15.2 ‘Talking Teenagers Training’: A full-day training course organised by the Northern Health and Social Care Trust for those who support the parents of teenagers to be held in Ballymena on Tuesday, 24 March 2009 (details previously circulated to each Member).

15.2.1 On consideration it was agreed that as the course was free, to leave it open to any Councillor who wished to attend.

16 BUDDY BEAR INDEPENDENT SPECIAL SCHOOL, DUNGANNON

Consideration was given to a letter from the Mayor, Dungannon & South Tyrone Borough Council dated 12 December 2008 seeking the Council’s support the school and inviting representatives from the Council to an information session to address the future provision and choice of special conductive education for children with Cerebral Palsy to a meeting in the Borough Council Offices on Thursday, 15 January 2009 from 1.00 – 3.00 pm (previously circulated to each Member).

16.1 Members noted the details of the letter.

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17 LOCAL ECONOMIC DEVELOPMENT

Mr McCarney gave Members an update on the Council’s LED Plan (copy circulated to each Member). He explained that the Council had approved its LED Plan 2007/2009 at its February 2008 meeting and went on to briefly outline how the current total assumed budget of £955,000 was analysed across six themes. Mr McCarney advised the Members that 2008 had been a year of change particularly in relation to DETI funding and INTEREGG.

He went on to say that locally the current credit crunch had had a major impact on the levels of employment in the district and noted the success of the Council’s recent Credit Crunch Seminar which had resulted in excellent feedback from the participants. He outlined the Council’s current projects and suggested that the Council may wish to consider organising a further Credit Crunch Seminar in light of the continuing economic recession.

Councillor J J McPeake agreed that the Credit Crunch Seminar had been very well received and suggested that any future such seminar should also seek to provide some support to those individuals from the business community who now found themselves unemployed and without any knowledge of the benefits to which they may be entitled.

Members were sympathetic to this request.

18 CONSULTATION DOCUMENTS

Consideration was given to the following documents:

18.1 Consultation on the Implementation of the Batteries and Accumulators and Waste Batteries and Accumulators Directive (2006/66/EC) – Waste Battery Collection and Recycling Provisions published by the Department of the Environment and seeking 8omments by 9 February 2009.

18.2 Consultation on The Pollution Prevention and Control (Industrial Pollution and Radiochemical Inspectorate) Draft Charging Scheme (Northern Ireland) 2009 and the Radioactivity Substances Draft (Fees and Charges) Scheme 2009 prepared by the Department of the Environment seeking comments by 6 March 2009.

18.3 Consultation on “The Draft Local Government (Contracts and Compulsory Purchase) Bill published by the Department of the Environment seeking comments by 12 March 2009.

18.4 Consultation on ‘Revision of the Waste Electrical and Electronic Equipment (WEEE) Regulations 2006 prepared by the Department of the Environment seeking comments by 6 April 2009.

18.4.1 The Chief Executive advised Members that the Northern Ireland Executive’s policy document ‘A Legislative Framework for Mental Capacity and Mental Health Legislation in Northern Ireland had now been issued for consultation in response to the Bamford Review. He said that the Department of Health, Social Services and Public Safety were requesting a response from the Council on or before 31 March 2009 (letter circulated to each Member). 24

18.5 It was agreed that if any Member or party grouping wished to make comments on these documents they should forward them to the Chief Executive who would then arrange to have them sent to the appropriate bodies.

18.6 The Chief Executive submitted a draft response to NILGA’s proposals in relation to issues which could be addressed by a forthcoming Rural White Paper which had been initiated by the Minister for Agriculture, Michelle Gildernew (copy circulated to each Member).

18.6.1 On consideration Members agreed to adopt the draft response.

19 JOINT MEETING – ACUTE SERVICES AT MID-ULSTER HOSPITAL

The Vice-Chairperson, Councillor Mrs E A Forde advised the meeting that she had received a message that Cookstown District Council were seeking a Joint Meeting with Magherafelt District Council to discuss the Northern Health and Social Care Trust’s proposals for the Reconfiguration of Acute Hospital Services and in particular the effect on the Accident and Emergency Department at the Mid-Ulster Hospital, Magherafelt.

19.1 On consideration Members agreed to hold a Joint Meeting.

20 ROADS SERVICE

20.1 Private Streets (NI) Order 1980: Submitted letter and details in connection with the adoption of Street Works at Creagh Industrial Estate, Toome – Stages 1&2 being developed by Invest Northern Ireland (details circulated to each Member)

Noted.

21 RIVERS AGENCY

Submitted letter from the Director of Operation, Rivers Agency dated 15 December 2008 advising that the Agency had reviewed the storage and distribution of sandbags prior to and during flooding events (copy previously circulated to each Member).

21.1 The letter intimated that the August floods highlighted the need for storage of sandbags close to potential flooding and as such the Agency was proposing to supply a number of sandbags to each Council. This supply would be subject to them being stored in premises under the control of the Council and after delivery the Council would accept full responsibility for storage, handling and distribution of them in a flooding event. The Council would also have to accept responsibility for any claims that might arise as a result of members of the public or the Council’s workforce handling or placing the sandbags.

21.2 The Director also stated in his letter that the Rivers Agency wished to examine further locations with the Council’s are where additional sandbag stores could be located for access by the Rivers Agency Personnel. 25

21.3 The Chief Executive advised that the Council should only provide premises for the storage of the sandbags and allow access by Rivers Agency Personnel and not accept the full responsibility for storage, handling and distribution or insurance.

21.4 On consideration it was

PROPOSED by Councillor T J Catherwood Seconded by Councillor P McLean, and

RESOLVED: that the Council adopt the Chief Executive’s advice and only provide premises for the storage of sandbags and access by Rivers Agency Personnel.

22 NOMINATIONS

22.1 The Board of the Northern Ireland Library Authority: The Chief Executive submitted a letter and correspondence from the Minister for Culture, Arts and Leisure (copies circulated to each Member) in connection with the recruitment of Councillors to the Board of the Library Authority. He advised the Members that the Department was seeking completed application forms from between two and four Councillors from each Council who wished to be considered for appointment to the Board of the new Northern Ireland Library Authority.

22.1.1 On consideration it was agreed that Councillors J F Kerr and G C Shiels be nominated to submit applications to be considered for appointment.

22.2 The Transition Committee of the new Mid-Ulster Council: The Chief Executive referred to previous discussion on this matter where it had been stated that current guidance recommended that the membership of the Transition Committee should reflect the political strength of the parties within each constituent Council. He said that previous discussions had centred on the interpretation of the meaning of “should” as referred to in the guidance and went on to say that Iain Maye had since confirmed that the guidance did not compel Councils to use d’Hondt to nominate to the Transition Committees. Consequently it was a matter for each Council to decide as to how they would nominate to the Committee.

22.2.1 On consideration it was

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr

That the Council use d’Hondt to nominate its members to the Transition Committee of the new Mid-Ulster Council

22.3 Amendment

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan

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That the Council would nominate its members to the Transition Committee of the new Mid-Ulster Council by selecting one member from each political grouping.

22.4 On a vote being taken, five Members voted for the Amendment, six Members voted against, three Members abstained, voting being by show of hands. The Chairperson declared the Amendment lost.

22.5 On the original motion being put to the Council, six Members voted for, two Members voted against, six Members abstained, voting being by show of hands. The Chairperson declared the motion carried.

22.6 First choice went to the Sinn Fein party grouping.

22.6.1 Councillor J F Kerr was nominated.

22.7 Second choice went to the DUP party grouping.

22.7.1 Councillor P McLean was nominated.

22.8 Third and Fourth choices went to the Sinn Fein party grouping.

22.8.1 Councillors J J McPeake and P J Bateson were nominated.

22.9 The fifth choice went to the DUP party grouping.

22.9.1 Councillor Mrs E A Forde was nominated.

22.10 The Chairperson declared Councillors J F Kerr, P McLean, J J McPeake, P J Bateson and Mrs E A Forde elected to serve on the Transition Committee of the new Mid-Ulster Council.

23 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J F Kerr, and

RESOLVED: that the Council proceeds “In Committee”.

Council “In Committee”

24 NORTH WEST REGION WASTE MANAGEMENT GROUP

This item was taken “In Committee”.

25 STAFF MATTERS

This item was taken “In Committee”. 27

26 LEGAL MATTERS

This item was taken “In Committee”.

During Legal Matters Councillor J F Kerr retired from the meeting at 11.10 pm.

27 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: that proceedings be resumed in “Open Council”.

Proceedings in “Open Council”

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J Crawford, and

RESOLVED: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.

28 SEALING OF DOCUMENTS

The Chief Executive advised that there were no items for sealing.

29 TRANSFER OF GRANT OF RIGHT OF BURIAL – POLEPATRICK CEMETERY

Mr Tohill advised the Members that further to the Council’s decision at its meeting on Tuesday, 11 September 2007, he had sought the requisite fees from Mr Arthur McKinney and Mrs Norma McKinney to formalise the assignments of the Grants of Right of Burial in Plots A1 and A2 in Polepatrick Cemetery from Mr Howard McKinney (deceased) to his wife Norma and subsequently to his brother Mr Arthur McKinney of 25 Trillick Road, Drumcreen, Ballinamallard BT94 2JL. As he had received the requisite fees and the necessary documentation had been completed, Mr Tohill recommended that the Council formally record the transfer of the Grant of Right of Burial

On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council authorise the transfer of the grant of right of burial of Plots A1 and A2 to Mr Arthur McKinney. 28

30 CHANGE OF DATE OF APRIL 2009 COUNCIL MEETING

The Chief Executive advised the Members that the Planning Service had requested that, in the light of the normal date for the Council Meeting in April falling on Easter Tuesday which was a holiday for some public sector organisations including the Council, the Council notify them of the date of its April meeting.

On consideration it was agreed that the monthly Council Meeting be held one week earlier on Tuesday, 7 April 2009 at 7.30 pm.

31 FOR THE INFORMATION OF MEMBERS

The following items were submitted for the information of Members:-

(a) Minutes of the 403rd Meeting of the North Eastern Education and Library Board held on Tuesday, 25 November 2008 (b) Copy of the Council’s Annual Audit Letter issued by the Local Government Auditor – 18 December 2008 (copy previously circulated to each Member). (c) Copy of 36 th Edition of The William Keown Trust’s Newsletter (copy previously circulated to each Member). (d) Press Release from NILGA – Northern Ireland Local Government Awards ‘Ahead of the Game’ list of finalists (copy previously circulated to each Member). (e) Copy of ‘On the Move’ – Roads Service magazine – autumn 2008 (copy previously circulated to each Member). (f) Announcement of Chief Executives of new Health and Social Care Organisations (copy previously circulated to each Member). (g) Notice from the Post Office of Magherafelt Branch change (copy previously circulated to each Member).

The meeting concluded at 11.25 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)