Ards and North Down Borough Council a G E N

Home , Annalong, Ballywalter, Bangor (civil parish), Kilkeel, Somme Heritage Centre

ARDS AND NORTH DOWN BOROUGH COUNCIL

21 May 2015

Dear Sir/Madam

You are hereby invited to attend a meeting of the Ards and North Down Borough Council which will be held in the Council Chamber, Town Hall, The Castle, Bangor on Wednesday, 27 May 2015 commencing at 7.00pm.

Please note that the ‘Shadow’ Council Photograph will be taken at 6.45 pm.

Yours faithfully

Stephen Reid Chief Executive Ards and North Down Borough Council

A G E N D A

1. Prayer

1.1.Apologies

2. Declarations of Interest

3. Mayor’s Business

4. Mayor and Deputy Mayor Engagements for the Month (Report to follow)

5. Presentation

5.1. Colette Kane, Northern Ireland Audit Office – Conflicts of Interest – A Good Practice Guide (Copy attached)

6. Minutes of Meeting of Council dated 29 April 2015 (Copy attached)

7. Minutes of Committees (Copies attached)

7.1. Planning Committee dated 5 May 2015 (For noting)

7.2. Environment Committee dated 6 May 2015

7.3. Audit Committee dated 11 May 2015

7.4. Corporate Services Committee dated 12 May 2015

7.4.1. Arising from Item 10 – Diversity Champions (Report attached)

7.4.2. Arising from Item 10 – Barclays Bank, Corporate Overdraft Facility (Report attached)

7.5. Community and Wellbeing Committee dated 13 May 2015

7.6. Regeneration and Development Committee dated 14 May 2015

7.7. Special Community and Wellbeing Committee dated 20 May 2015

8. Request for Deputation

8.1. Translink (Copy correspondence dated 18 May 2015 attached)

9. Community Festivals Fund Grant Applications (Report attached)

10. Ward Park Bowls – Interim Pricing Arrangements (Report attached)

11. Corporate Plan (Report attached)

12. Appointment of Chairman to PCSP (Report attached)

13. Consultation Documents

13.1. Northern Ireland Fire & Rescue Service (NIFRS) Draft EQIA on Revised Emergency Response Standards for Northern Ireland – Section 75 Consultation (Copy correspondence from the NI Fire & Rescue Service attached)

13.2. Department of Enterprise, Trade and Investment – Draft Telecommunications Strategy 2015-2017- Continuing to Connect (Copy correspondence attached)

13.3. NI Assembly – The Road Traffic (Speed Limits) Bill (Copy correspondence attached)

14. Nominations to the Board of the Northern Ireland Museums Council (Copy letter from NI Museums Council attached)

15. Appointment of One Member to Northern Ireland Drainage Council (Copy letter attached)

16. Request for Delegated Powers

16.1. Environment Committee – 3 June 2015 – Grant of Entertainment Licence (Report attached)

16.2. Audit Committee – 22 June 2015 – Approval of Financial Statements (Report attached)

17. Conferences, Invitations etc.

17.1. The Royal British Legion – The Northern Ireland Festival of Remembrance – Saturday 31 October 2015 – Belfast Waterfront Hall (Copy correspondence dated 3 March 2015 attached)

18. Transfers of Rights of Burial

19. Sealing Documents

20. Notices of Motion

20.1. Notice of Motion submitted by Councillor Brooks and Alderman Chambers

"The Council in reflecting and taking into account the fact that substantial areas of Ards and North Down Borough are tourist destinations and that greater demands are made on Council provided services at holidays and weekends, should ensure that elected members have access to a point of contact officer at all reasonable times to highlight any emergencies or unforeseen situations. Officers on a rota basis could perform this duty with a dedicated mobile telephone number given to members for their use only.

The recent Easter holiday period when large numbers of the public visited our Borough and used our facilities exposed a weakness and faultline in communication at ground level particularly regarding the high volume of litter created. In adopting the above notice greater communication will enable an appropriate response to emergencies to be set in place."

20.2. Notice of Motion submitted by Councillor Walker

“That while this Council recognises the valuable year-round service provided by frontline staff within the Waste Management Department, it also acknowledges the potential positive impact on our communities of a scheduled Spring-Clean. Officers are therefore asked to come back with a report on how this might be accomplished involving as many local organisations as possible including schools, statutory and voluntary organisations, service organisations, business and commercial organisations and local residents with a view to making it part of the annual pre-summer schedule.”

20.3. Notice of Motion submitted by Alderman Henry & Councillor McClean

“That Ards and North Down Borough Council adopt a Community Covenant. A Community Covenant complements, at a local level, the Armed Forces covenant and its aim is to encourage local communities to support the armed forces community within their area and promote understanding and awareness amongst the public of issues affecting the armed forces community.

Signatories to a Community Covenant have access to a grant scheme of £10 million per year as part of the Community Covenant Grant Scheme. The Community Covenant is about building understanding of the Armed Forces in our community and is a positive declaration of intent to ensure those who serve or have served in the Armed Forces and their families are not disadvantaged by that service.”

20.4. Notice of Motion Submitted by Councillor Barry (Referred from Council meeting on 29 April 2015)

"To ask officers to draft a Community Charter for the new council setting out the value basis upon which council-community relations can be built. This Charter should be based on extensive community participation, given the process by which such a document is developed is as important as the final product".

20.5. Notice of Motion Submitted by Councillor Walker

“That this Council recognises the importance of maintaining low speeds through our towns and villages and instructs offices to investigate with Transport NI what permissions are required to include 30mph reminder signs as part of the new Gateway Marker as they are rolled out across the Borough and to then include them within the design of the Markers”.

20.6. Notice of Motion Submitted by Councillor Muir

“That this Council requests that Council officers work with relevant organisations to organise a Public Awareness Event in the Borough in September or October 2015 for people who are deaf or have a hearing loss in order to raise awareness of support services available from different agencies for such people following the tragic death of a deaf man within the Borough earlier this year. Cost of such to be funded from current budgets”.

***IN CONFIDENCE***

21. Purchase of Land from NIHE and NIAS for Replacement Leisure Centre(Report attached)

22. Tender Report – Enabling works for replacement leisure facility at Dairy Hall, Newtownards (Report attached)

23. Request for Secondment (Report to follow)

Circulated for Information

(a) Post Office – Changes to Lisbane Post Office, 175 Killinchy Road, Newtownards, BT23 5NE (Copy correspondence dated 7 May 2015 attached)

MEMBERSHIP OF ARDS AND NORTH DOWN BOROUGH COUNCIL

Alderman Angus Carson Councillor Cummings Alderman Alan Chambers Councillor Dunne Alderman Robert Gibson Councillor Edmund Alderman Deborah Girvan Councillor Ferguson Alderman Alan Graham (Mayor) Councillor Fletcher Alderman Ian Henry Councillor Gilmour Alderman Wesley Irvine Councillor Kennedy Alderman Bill Keery Councillor Leslie Alderman Alan McDowell Councillor Martin Alderman Marion Smith Councillor McClean (Deputy Mayor) Councillor Adair Councillor McIlveen Councillor Allen Councillor Menagh Councillor Anderson Councillor Muir Councillor Armstrong Councillor Roberts Councillor Armstrong-Cotter Councillor Robinson Councillor Barry Councillor Smart Councillor Boyle Councillor T Smith Councillor Brooks Councillor Thompson Councillor Cathcart Councillor Walker Councillor Cooper Councillor Wilson

Conflicts of Interest A Good Practice Guide Conflicts of Interest - A Good Practice Guide Conflicts of Interest - A Good Practice Guide

Conflicts of Interest A Good Practice Guide

Published March 2015 Conflicts of Interest - A Good Practice Guide Conflicts of Interest - A Good Practice Guide

This report has been prepared under Article 8 of the Audit (Northern Ireland) Order 1987 for presentation to the Northern Ireland Assembly in accordance with Article 11 of the Act.

K J Donnelly Northern Ireland Audit Office Comptroller and Auditor General March 2015

The Comptroller and Auditor General is the head of the Northern Ireland Audit Office employing some 145 staff. He, and the Northern Ireland Audit Office are totally independent of Government. He certifies the accounts of all Government Departments and a wide range of other public sector bodies; and he has statutory authority to report to the Assembly on the economy, efficiency and effectiveness with which departments and other bodies have used their resources.

For further information about the Northern Ireland Audit Office please contact:

Northern Ireland Audit Office 106 University Street BELFAST BT7 1EU

Tel: 028 9025 1100 email: [email protected] website: www.niauditoffice.gov.uk

6 Conflicts of Interest - A Good Practice Guide

Contents

Page Part One: 1

Introduction 2

What this guide covers 3

Part Two: 5

Recognising a conflict of interest 6

Definition of a conflict of interest 6

Whose interest? 6

Is a conflict of interest always wrong? 7

What are the risks to an organisation? 7

How do I recognise a conflict of interest? 7

Part Three: 9

Types of conflicts of interest 10

Part Four: 15

Dealing with conflicts of interest 16

The need for a conflicts of interest policy 16

Policy contents 17

Disclosing a conflict of interest 20

Declaration of interest form 21

Managing conflicts of interest 21

Action taken to manage the conflict of interest 22

Breaching a conflicts of interest policy 24 Conflicts of Interest - A Good Practice Guide

Contents

Appendix 1:

Good practice guidance 26

Appendix 2:

Example of declaration of interest form - Invest NI 28

Appendix 3:

Dealing with a conflict of interest 30 Conflicts of Interest - A Good Practice Guide

Part One: Introduction Conflicts of Interest - A Good Practice Guide

Part One: Introduction

1.1 The primary responsibility of public bodies is to serve the public interest. Staff and Board members of public bodies must discharge their duties in a manner that is seen to be honest, fair and unbiased. In an age where all sectors of society are increasingly well-informed, there is growing pressure for more transparent and unbiased public decision-making. Consequently, public bodies must ensure that conflicts of interest are identified and managed in a way that safeguards the integrity of staff and Board members and maximises public confidence in the organisation’s ability to deliver public services properly. Many public bodies have policies and codes of conduct for staff and Board members on recognising situations where conflicts may arise, and the action to take where this is the case.

1.2 This Guide seeks to provide clear and simple advice, which is relevant throughout the public sector in Northern Ireland, for staff drafting and implementing conflict of interest policies. It should also help Board members and staff in key positions to recognise when they have a conflict of interest and how they should act when such a situation arises. The Guide includes examples of good practice, as well as case illustrations of all types of conflicts of interests with the associated problems and possible solutions.

1.3 The main aim of the guide is to promote high standards in public life and especially to follow the key characteristics of propriety as defined in the ‘Seven Principles of Public Life’1 known as the Nolan Principles. These seven principles underpinning public life are: Selflessness; Integrity; Objectivity; Accountability; Openness; Honesty; and Leadership. A key observation in the tenth report by the Committee on Standards in Public Life states ‘the Registration and Declaration of Interests by public office holders that may constitute or may be perceived to constitute a conflict of interest is one of the cornerstones of probity in public life. The resolution of such conflicts of interest brings together all the aspects of the Seven Principles of Public Life’2.

1.4 The Guide will also help to avoid any potential reputational damage to public bodies and individuals and to educate organisations on how to manage the interests of staff and Board members. This is essential as new instances of issues surrounding conflicts of interests in organisations are being identified all the time, in both the public and private sector.

1 The Nolan Principles- The ‘Seven Principles of Public Life’ by the Committee on Standards in Public Life, published 31 May 1995 2 Getting the Balance Right – Implementing Standards of Conduct in Public Life, the Committee on Standards in Public Life, 2 January 2005 Conflicts of Interest - A Good Practice Guide

What this guide covers

• recognising a conflict of interest;

• types of conflicts of interest; and

• dealing with conflicts of interest.

3 Conflicts of Interest - A Good Practice Guide

Part One: Introduction

4 Conflicts of Interest - A Good Practice Guide

Part Two: Recognising a Conflict of Interest

5 Conflicts of Interest - A Good Practice Guide

Part Two: Recognising a Conflict of Interest

Definition of a conflict of interest

2.1 At its most basic, a conflict of interest arises when an individual has two different interests that overlap. This Guide uses a broad definition3 that is applicable across the public sector and is relevant to public officials and Board members alike:

“A conflict of interest involves a conflict between the public duty and the private interest of a public official in which the official’s private-capacity interest could improperly influence the performance of his/her official duties and responsibilities.”

2.2 A conflict of interest can also be perceived.

2.3 A perceived conflict of interest exists where it could be perceived, or appears, that private- capacity interests could improperly influence the performance of a public official or Board member’s official duties and responsibilities. It may pose no actual risk to the conduct of public business, but it requires proper management in order to minimise the risk of reputational damage both to the organisation and the individual(s) concerned.

2.4 A perception of a conflict of interest can be just as significant as an actual conflict of interest. The key issue is whether there is a risk that a fair-minded outside observer, acting reasonably, would conclude that there is a real possibility of bias.

Whose interest?

2.5 The interest in question need not be that of the public official or Board member themselves. It can also include the interests of close relatives or friends and associates who have the potential to influence the public official or Board member’s behaviour.

2.6 As a benchmark a ‘close relative’ would usually refer to the individual’s spouse or partner, children (adult and minor) , parent, brother, sister, in-laws and the personal partners of any of these . For other relatives it is dependent upon the closeness of the relationship and degree to which the decisions or activity of the public entity could directly or significantly affect them. Where an individual has to declare interests of this nature they may wish to seek advice from a senior public official or the Board Chairman to ensure all potential conflicts are identified.

2.7 A ‘friend or associate’ should be considered as someone with whom the individual has a longstanding and/or close relationship, socialises with regularly or has had dealings with which may create a conflict of interest.

3 Managing Conflict of Interest in the Public Sector – A toolkit, Organisation for Economic Co-operation and Development, September 2005

6 Conflicts of Interest - A Good Practice Guide

Is a conflict of interest always wrong?

2.8 In many cases a conflict of interest will be neither wrong nor unethical. The main concern is that the conflict is identified early and any risks are managed appropriately. The best way of dealing with conflicts of interest is to prevent them from arising in the first place, but if they do occur it is important to declare them and then handle them suitably and efficiently (see Part 4).

What are the risks to an organisation?

2.9 Actual, potential or perceived conflicts of interest can lead to doubt about the integrity of a public official or Board member and can impact on the reputation of the organisation itself. A conflict of interest that is concealed, even if unintentionally through ignorance of proper procedure, or managed poorly, creates at best a risk of allegations or perceptions of misconduct. It could potentially result in more serious consequences, such as disciplinary action against the employee or litigation against the organisation. A high-profile conflict of interest could ultimately result in severe reputational damage to an organisation and could result in individuals losing their jobs.

2.10 A major conflict of interest violation can also breach other rules, for example appointment procedures and procurement policies. This can have major consequences for the organisation. The Nolan Principles4, which underpin public life, are also at risk of being breached if a conflict of interest is not identified and managed correctly.

How do I recognise a conflict of interest?

2.11 The checklist at Figure 1 can be used to help in determining if an actual, potential or perceived conflict of interest exists.

4 The Nolan Principles- The ‘Seven Principles of Public Life’ by the Committee on Standards in Public Life, published 31 May 1995

7 Conflicts of Interest - A Good Practice Guide

Part Two: Recognising a Conflict of Interest

Figure 1: Checklist for public officials and Board members Do you think you have an actual, perceived or potential conflict of interest? The following questions may help when assessing an issue being considered and the situation in which you are involved5.

Would I or anyone associated with me benefit from, or be detrimentally affected by, my proposed decision or action?

Could there be benefits for me in the future that could cast doubt on my objectivity?

Do I have a current or previous personal, professional or financial relationship or association of any significance with an interested party?

Would my reputation or that of a relative, friend or associate stand to be enhanced or damaged because of the proposed decision or action?

Do I or a relative, friend or associate stand to gain or lose financially in some covert or unexpected way?

Do I hold any personal or professional views or biases that may lead others to reasonably conclude that I am not an appropriate person to deal with the matter?

Have I contributed in a private capacity in any way to the matter my organisation is dealing with?

Have I made any promises or commitments in relation to the matter?

Have I received a substantial gift, benefit or hospitality from someone who stands to gain or lose from my proposed decision or action?

Am I a member of an association, club or professional organisation or do I have particular ties and affiliations with organisations or individuals who stand to gain or lose by my proposed decision or action?

Could this situation have an influence on any future employment opportunities outside my current official duties?

Could there be any other benefits or factors that could cast doubt on my objectivity?

5 Managing Conflicts of Interest in the Public Sector- toolkit, Independent Commission Against Corruption and Crime and Misconduct Commission (Queensland), Sydney and Brisbane, 2004

8 Conflicts of Interest - A Good Practice Guide

Part Three: Types of Conflicts of Interest

9 Conflicts of Interest - A Good Practice Guide

Part Three: Types of Conflicts of Interest

3.1 This section includes case examples which demonstrate some of the most common types of interests that can give rise to a conflict. Some conflicts of interest are relatively easy to identify and manage, others are more difficult and complicated. In areas where conflicts of interest are more common, extra controls should be in place.

3.2 It should be noted that these are not actual examples but illustrations of the type of conflicts that may arise.

Direct financial gain or benefit to the individual, a relative or close friend

3.3 A conflict of interest can occur when an individual has the opportunity to use their position for personal financial gain.

Case 1:

A Government body regularly purchases land for development. The body has employed an official to contribute specialist advice on its land and property strategy and she is regularly involved in property transactions. It is known by colleagues that this employee has significant personal landholdings.

What is the problem?

The official never made a declaration of land holdings and there is no evidence to suggest the body asked for any further detail from the official concerned. As the body has a very active role in purchasing land across the country, it is imperative that it knows the size and location of landholdings held by its employees and officials. This issue has the potential to be a perceived conflict as the employee and official could sell her own land to the body for an inflated price or indeed gain financially if she is aware of development in particular areas.

What would be a possible solution?

Staff should be asked to identify all interests (including any relevant land and property holdings) in public or private organisations. The organisation should establish and document ways of mitigating any actual, potential or perceived conflicts of interest.

10 Conflicts of Interest - A Good Practice Guide

3.4 As outlined at paragraph 2.5, the interest in question need not be that of the public official themselves. It can also be that of close relatives or friends and associates who have the potential to influence the public official or Board member’s behaviour, as illustrated in the following two case examples.

Involvement in a decision that could lead to the appointment of a relative or friend

Case 2:

A senior official was asked to be a member of a recruitment panel for a vacancy. The applicants had been narrowed down by Human Resources and those meeting the criteria were invited for interview. Prior to the interviews, all panel members had been given copies of the interviewees’ applications to provide some background information.

On sifting through the applications, the senior official realised one of the fifteen was a close relation. On informing HR, she was told she could still sit on the Panel but would have to be excused for her relation’s interview.

What is the problem?

The senior official may not have been involved directly with her relation’s interview but could have had some influence over the filling of the vacancy therefore still had the potential to compromise the credibility of the entire recruitment process, as well as the integrity of the recruitment panel.

What would be a possible solution?

The senior official should have withdrawn from the whole recruitment process and should not have had any involvement until the position had been offered to the successful candidate.

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Part Three: Types of Conflicts of Interest

Involvement in, or influencing, the award of a contract or grant where the individual is connected to an applicant

Case 3:

An employee of an education authority was involved in the procurement exercise for a stationery contract for schools in the region, while having a brother who owned a stationery company which was tendering for the contract in question.

What is the problem?

The employee had the opportunity to provide confidential information to the company, giving it an advantage in tendering for the contract.

What would be a possible solution?

Good procurement practice requires declaration of interest at various stages of the process thus the employee should have disclosed this relationship when she became aware of the potential conflict and should not have had any further part in the procurement exercise.

3.5 A conflict of interest can arise where a public official has private business interests and can use their public position to benefit their private business interests. The following two case examples illustrate extremely serious conflicts of interest where individuals in public office exploited their positions to advance their own private business interests.

Carrying out business on behalf of the organisation with their own or a relative’s company

Case 4:

Prior to appointment, a member of the Board of a Health Trust made it clear that they had a conflict as they were a partner in an accountancy firm which produced the annual accounts for the Trust under contract. The Board member had to step out of all related discussions in respect of the accounts.

Later that year, the Trust received an audit recommendation that Finance Department records and processes needed immediate improvement. After an options paper was

12 Conflicts of Interest - A Good Practice Guide

drawn up, the Board was responsible for making the final decision. The chosen option was to extend the contract (which was within the original terms) with the existing accountancy firm to include services for record keeping, processing of grant claims and completing monthly management accounts. The Board member and partner of the firm was involved in this decision.

What is the problem?

The Board member did not withdraw from this discussion thus creating a serious conflict of interest. There was also a threat to the integrity of the Board as this Board member would be gaining personally from a decision made in his professional role for the Trust.

What would be a possible solution?

This conflict should have been discussed, in depth, during the member’s appointment process and the Trust should have considered all potential conflicts and established options for managing them.

When the possibility of extending the contract with the member’s accountancy firm arose he should have re-declared the interest. The Chief Executive and Board Chairman should have considered the potential conflict and excluded the member from any meeting discussing the contract to the member’s accountancy firm. Furthermore the Chief Executive and Board Chairman should have documented their consideration and decision including the future involvement of the member on the Board.

Owning shares in or working for another business or organisation, that has dealings with the public body

Case 5:

A newly appointed Board Chairman of an NDPB had a majority share holding in a construction firm which had been successful in the award for the construction of the organisation’s new headquarter building.

What is the problem?

As this was a significant project for the NDPB, the Board had many discussions regarding the progress, monitoring and success of the construction project. The

13 Conflicts of Interest - A Good Practice Guide

Part Three: Types of Conflicts of Interest

Chairman had disclosed the conflict and was omitted from any discussions on the matter, however this project had additional risks during the contract term and the continual absence of the Chairman could have had a detrimental impact on the effectiveness of the Board.

What would be a possible solution?

As part of every appointment process, applicants should disclose all potential conflicts of interest. This significant conflict of interest should have been highlighted and the applicant should not have been appointed to the NDPB.

Gifts, hospitality or other benefits received

3.6 A conflict of interest can arise where public officials accept the offer of gifts, hospitality or other benefits, for example from potential contractors/suppliers, as the next case example describes.

Case 6:

The Director of Finance in a local authority was offered tickets by a bank to a Six Nations rugby match. The Director would be hosted in the bank’s corporate box at the stadium and was told this could provide a very worthwhile networking opportunity.

What is the problem?

This was an opportunity for the bank to compromise the independence of the Director of Finance when it came to the next review of the local authority’s banking contract, as it might influence his future decision.

What would be a possible solution?

The offer of the tickets should have been refused and recorded in the local authority’s Gifts and Hospitality register immediately.

3.7 Good practice guidance on some of the above risks is at Appendix 1.

14 Conflicts of Interest - A Good Practice Guide

Part Four: Dealing with Conflicts of Interest

15 Conflicts of Interest - A Good Practice Guide

Part Four: Dealing with Conflicts of Interest

4.1 Conflicts of interest must be declared by public officials and Board members and managed effectively by public sector organisations to prevent them undermining the proper conduct of public business and adversely affecting an organisation’s reputation. This section of the guide covers the policies that an organisation should have in place to manage conflicts of interest.

The need for a conflicts of interest policy

4.2 An organisation’s code of conduct for staff and Board members should include a section on conflicts of interest. However, there is merit in having a separate policy which underlines the importance of managing the risk of conflicts of interest properly and provides more detailed guidance for dealing with a range of scenarios. This is particularly useful if the organisation’s business exposes it to particular conflict of interest risks.

4.3 A conflicts of interest policy will serve a dual purpose. It will:

• clearly set out an organisation’s commitment to the effective management of conflicts of interest; and

• provide a framework for dealing with such conflicts in a consistent and transparent manner.

4.4 However, policies cannot anticipate every situation that may arise and consequently need to retain a degree of flexibility in order to allow for the exercise of judgement in individual cases. This is particularly relevant in novel or serious circumstances where a straightforward remedy may not be applicable.

4.5 An effective policy needs to strike a balance between the public interest, i.e. protecting the integrity of public decisions, and the private interests of public officials. Conflicts of interest need to be properly identified, managed and resolved in an appropriate, transparent and timely way.

4.6 Some conflicts of interest are relatively easy to identify and manage. In such cases, a policy can set out clear rules to prevent conflicts from arising in the first place, by prohibiting public officials and Board members from:

• involvement in any decision that could lead to financial gain or benefit to the individual, a relative or close friend;

16 Conflicts of Interest - A Good Practice Guide

• involvement in any decision that could lead to the appointment of a relative or friend;

• involvement in, or influencing, the award of a contract or grant where the public official or Board member is connected to any of the tenderers or applicants;

• carrying out business on behalf of the organisation with their own or a relative’s company;

• owning shares in, or working for, organisations that have dealings with the public body; and

• accepting gifts and hospitality in connection with their official role.

4.7 Parent departments should issue guidance on conflicts of interest to organisations for which they are responsible, to ensure consistency and transparency. However, the principles underlying effective management of conflicts of interest are generic so it is important for each organisation to tailor its policy according to its structure, function, activities and the environment in which it operates.

4.8 It is important that all public officials and Board members are aware of their responsibility for avoiding the risk of a conflict of interest or, where this is not possible, for ensuring that it is declared and managed properly. The conflicts of interest policy must be understood and applied by all public officials and Board members. Regular induction and awareness training is essential.

4.9 The public body must review its conflicts of interest policy annually. The policy should also be considered by the Audit and Risk Assurance Committee in its role of reviewing governance arrangements generally.

Policy contents

4.10 An effective conflicts of interest policy should:

• provide a definition of conflicts of interest;

• state the organisation’s commitment to addressing the issue of conflicts of interest;

17 Conflicts of Interest - A Good Practice Guide

Part Four: Dealing with Conflicts of Interest

• define the nature of conflict of interest risk in the organisation and set out clearly the actions or behaviours that individuals are expected to follow, or avoid, in order to minimise it;

• set out staff and Board members’ obligations in relation to the conflicts of interest policy;

• set out guidance for identifying conflicts of interest that may arise and arrangements for reporting them;

• set out a process for managing conflicts of interest, including responsibilities for decision making and the decision making criteria;

• establish a mechanism for recording interests that can commonly give rise to a conflict. This mechanism should include procedures for monitoring and updating the policy and procedures where necessary; and

• set out the consequences of non-compliance with the policy, e.g. disciplinary action.

4.11 Policies should clearly define who each section applies to: some sections may apply mostly or entirely to Board members; others to officials or to specific groups of staff. Where particular types of contractors or consultants are employed, it should be clear which sections of the policy also apply to them. The Department of Regional Development has two conflicts of interest policies for all staff, one that applies to all staff and one that specifically deals with the personal/private interests of those staff involved with contracts6.

4.12 The policy should require all public officials and Board members to complete a declaration of interests form annually. This will allow the organisation to identify when a conflict may arise and plan how to manage it. Regularly completing the declaration reminds public officials and Board members that they must guard against conflicts that may arise as a consequence of their outside interests.

4.13 The following checklist is for organisations to help them ensure that their conflicts of interest policy and register of interests are in line with good practice.

6 Department of Regional Development Office Memorandum 2/12 & 3/12, issued 13 August 2012

18 Conflicts of Interest - A Good Practice Guide

Checklist for Organisations - Policy

Is there a conflicts of interest policy in place?

Is this policy up to date?

Is the policy adapted to the organisation’s structure, function, activities and operating environment?

Are staff aware of the policy and do they understand it?

Are declarations received from all employees and Board members on appointment?

Are the declarations of all employees and Board members updated annually?

Are all conflicts considered by management and actions to manage/ mitigate the risks recorded?

Is an up to date Register of Interests in place for the whole organisation?

Is the Register regularly monitored?

Is the Register available for public inspection?

Are staff aware of the consequences if the Conflicts of Interest policy is breached?

19 Conflicts of Interest - A Good Practice Guide

Part Four: Dealing with Conflicts of Interest

4.14 Declaration of interest forms (see paragraph 4.12) should be compiled into a ‘Register of Interests’. The register enhances transparency within the organisation and is a useful tool to help individuals and managers identify conflicts at an early stage and take the necessary steps to manage them. The register should be kept up-to-date through an annual declaration of interests process. In addition, public bodies must ensure that staff and Board members understand the requirement to declare any changes to their interests as and when they arise.

4.15 A Register of Interests should record the following information for each conflict of interest:

• the individual concerned;

• the circumstances involved;

• an assessment of the situation;

• how the matter was resolved or how the risk was reduced/eliminated; and

• any action taken by the organisation.

Disclosing a conflict of interest

4.16 Public officials and Board members must be open and transparent about any overlap between their official role and private interests and must fully disclose any such conflict of interest to the organisation. This allows others with suitable expertise to determine whether an actual, potential or perceived conflict of interest exists, to assess its seriousness and to decide on any action needed to manage it.

4.17 In addition to the annual declaration of interests and notification of changes as they arise, conflicts of interest should also be declared where they arise in specific settings. For example, if during a Board meeting a matter arises which a Board member has an interest in, they should declare the interest before the matter is discussed, the declaration should be recorded in the minutes, and the Board should decide on the action, which may be withdrawal when the area of interest is considered or if it is a serious conflict it could lead to resignation from the Board.

4.18 A declaration of interests form should be completed as part of the appointment process for public officials and Board members. In the majority of NI Civil Service job application forms, a declaration of interests section is included, enabling the interview panel to review this information. This allows the conflict to be explored to determine how it might affect the

20 Conflicts of Interest - A Good Practice Guide

individual’s ability to contribute effectively and impartially to the role and how the conflict may be handled following appointment. If the interview panel regards the conflict as so serious that impartiality and integrity could not be assured, the individual’s application may be withdrawn.

4.19 In some cases, organisations seek a declaration of conflicts from Board members and public officials on appointment. The difficulty with this is that the onus for determining the conflict is then with the Board member or public official and potential conflicts of interest could be omitted.

Declaration of interest form

4.20 Just as an organisation’s conflicts of interests policy should be tailored to the organisation (see paragraph 4.7), it is important for each body to tailor its declaration of interest form. The type of declaration will depend on the business of the organisation, for example, disclosure of land holdings would be required for those working in Land and Property Services and disclosure of financial or other interests in companies would be required for those working in Invest NI.

4.21 Organisations should ensure their declaration of interests form is detailed, clear and easily understood so that the register of interests is as accurate as possible. Appendix 2 provides a good practice example of a declaration of interests form.

Managing conflicts of interest

4.22 When a conflict of interest has been identified, organisations must carefully consider what action, if any, needs to be taken to adequately avoid or mitigate the associated risks (see paragraph 2.9). The seriousness of the conflict, as well as the range of options available to handle, lessen or monitor it, must be assessed.

4.23 Policies and procedures cannot cover every type of situation which may occur and judgement needs to be exercised in individual cases (see paragraph 4.4). This is particularly important where the circumstances giving rise to the conflict of interest are novel or rare, or where the degree of seriousness needs to be taken into consideration.

4.24 While public officials or Board members are best placed to identify whether they have a conflict of interest, and are responsible for declaring it, public bodies should not rely solely on individuals. Line managers and senior personnel should always be alert for situations affecting officials or Board members that may create a conflict, particularly one that has not yet been declared.

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Part Four: Dealing with Conflicts of Interest

4.25 When an individual reports an interest, management must consider how it should be dealt with (see Appendix 3). Questions to be answered include:

• Could the public official/Board member’s family or friends gain from his/her connection to the public body?

• How is the declared interest likely to be perceived externally?

• Could the declared personal interest damage the reputation, impartiality or integrity of the public body?

• Is there a possibility that the declared interest might influence decision making by the public official/Board member or by others?

Action taken to manage the conflict of interest

4.26 There are different options for managing conflicts of interest. The table below outlines possible management strategies and when they might best be used.7

7 Managing Conflicts of Interest in the Public Sector- toolkit, Independent Commission Against Corruption and Crime and Misconduct Commission (Queensland), Sydney and Brisbane, 2004 (terminology adapted for local use)

22 Conflicts of Interest - A Good Practice Guide

Management Strategy When most suitable When least suitable Register • For very low-risk and potential • The conflict of interest is more conflict of interest. significant or higher risk. Where details of the existence of a possible or potential conflict of interest • Where the act of transparency • The potential or perceived effects of are formally registered. through recording the conflict of a conflict of interest on the proper interest is sufficient. performance of the public official/ Board member’s duties require more proactive management. Restrict • The public official/Board member • The conflict is likely to arise more can be effectively separated from frequently. Where restrictions are placed on parts of the activity or process. the public official/Board member’s • The public official/Board member involvement in the matter. • The conflict of interest is not likely to is constantly unable to perform arise frequently. a number of their regular duties because of conflict of interest issues. Recruit • It is not feasible or desirable for • The conflict is serious and ongoing, the public official/Board member rendering ad hoc recruitment of Where a disinterested third party is used to remove themselves from the others unworkable. to oversee part or all of the process that decision-making process. deals with the matter. • Recruitment of a third party is not • In small or isolated communities appropriate for the proper handling where the particular expertise of of the matter. the public official/Board member is necessary and genuinely not easily • A suitable third party is unable to replaced. be sourced. Remove • For ongoing serious conflicts of • The conflict of interest and its interest where ad hoc restriction perceived or potential effects are of Where a public official/Board member or recruitment of others is not low risk or low significance. chooses to be removed from the matter. appropriate. • The public official/Board member is prepared to relinquish the relevant private interest rather than radically change their work responsibilities or environment. Relinquish • The public official/Board member’s • The public official/Board member commitment to public duty is unable or unwilling, for various Where the public official/Board member outweighs their attachment to their reasons, to relinquish the relevant relinquishes the private interest that is private interest. private interest. creating the conflict. Resign • No other options are workable. • The conflict of interest and its potential or perceived effects are of Where the public official/Board member • The public official/Board member low risk or low significance. resigns from their position with the cannot or will not relinquish organisation. their conflicting private interest • Other options exist that are and changes to their work workable for the public official/ responsibilities or environment are Board member and the not feasible. organisation.

• The public official/Board member prefers this course as a matter of personal principle.

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Part Four: Dealing with Conflicts of Interest

Breaching a conflicts of interest policy

4.27 A conflicts of interest policy must include details of the sanctions that will apply when a breach of the policy occurs. Sanctions should only be imposed when a full investigation has been completed which establishes that there has been a breach. The most severe sanctions should only be applied where there has been deliberate and repeated concealment or failure to disclose a conflict of interest.

4.28 When a breach occurs there are a range of consequences for both the individual concerned and their organisation:

Individual: Organisation:

• Embarrassment • Reputational damage

• Disciplinary action • Loss of public trust

• Being subject to an • Being subject to an internal or external external inquiry inquiry • Legal action. • Loss of employment

• Criminal prosecution.

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Appendices:

25 Conflicts of Interest - A Good Practice Guide

Appendix 1: (see paragraph 3.7) Good practice guidance

NI Civil Service conflict of interest guidelines relating to additional employment

The Northern Ireland Civil Service Staff Handbook provides guidance on conflicts of interest. The following extract deals with mitigating the conflict of ‘being an employee, director, partner of another business or organisation, or pursuing a business opportunity’:

“If a Civil Servant wishes to undertake any work (paid or unpaid) with another Government department or other public body they must first obtain permission from their Establishment/Personnel Officer.

No remunerative private work of the following description may be undertaken:

a. work which would occupy your time or attention or render you unavailable for duty during normal official hours;

b. work identified in any way with the activities of a political party, group or organisation;

c. work of an educational, literary or scientific nature involving the use of information acquired by you in your official capacity or from official sources, except where it has previously been published, unless you have received the permission of your employing department to undertake such work;

d. work of a nature conflicting with your duty to your employing department or the Government generally or as a member of the Civil Service;

e. work which may ultimately have to be reviewed by you or any member of the Civil Service acting in an official capacity;

f. work, related to your function, which a Civil Servant might otherwise justifiably undertake, but which is of such a scale as to involve unfair competition with persons wholly dependent on such work for a livelihood;

g. work which would involve the use of the property, tools, equipment or materials of departments; and

h. work which is, or might be, inconsistent with your position as a public servant and may expose you or your department to public criticism.” 8

8 Northern Ireland Civil Service Staff Handbook, Section 6.01, paragraph 6.1 and 6.2

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Department of Finance and Personnel (DFP) - Gifts and Hospitality Policy

Acceptance of gifts and hospitality has the potential to cause a conflict of interest. Where an organisation has a detailed code of conduct for staff and Board members, it should have a section on gifts and hospitality. It should also have a stand-alone policy which provides more detailed guidance and instructions. In Northern Ireland, DFP has issued guidance on the acceptance of gifts and hospitality which applies to all NI Civil Service departments.

DAO (DFP) 10/06 states that, “The general principle is that all gifts offered should be refused. However, seasonal, promotional or trivial gifts...... having a value of less than £50, may be accepted by individuals without the need for these to be reported or approved in advance... More expensive or substantial items, valued at £50 or more and gifts of lottery tickets, cash, gift vouchers or gift cheques, cannot on any account be accepted. All gifts offered, even if they are declined/returned, need to be recorded in the register... The acceptance of what would be accepted as conventional hospitality, for example working lunches, should, in the main, cause no problem, especially if there is some official means of reciprocity and provided that it is limited to isolated occasions and its acceptance is in the interests of the department/agency.”

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Appendix 2: (see paragraph 4.21) Example of Declaration of Interest Form - Invest NI

Declaration by Member of Staff

Period: 1 January 20XX to 1 January 20XX

Surname

Forename

Title

Department

Job Title

Date of Appointment to Current Position

Date of Appointment to Invest NI (if different)

Please include dates and role 1. Company Interests – any relationship with a company or commercial organisation; Directorships, paid employment, consultancy; close family connection.

2. Self employment

3. Land or Property Holdings – (see page 6 of the Guidelines on Conflicts of Interest and Representation on Outside Bodies).

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4. Charities – trusteeships, governorships or employment with any charities or voluntary organisations.

5. Public Appointments – remunerated or unremunerated.

6. Memberships – including membership of professional or external bodies, trade or other associations.

7. Close Family Links – specific close family interest in any of the above.

8. Other Interests – any other interests held by you or your close family

I confirm that the above declaration is complete and correct to the best of my knowledge and belief. The interests I have declared include both direct and indirect interests (i.e. those of a partner, spouse or close relative) and any specific financial interests are shown.

Signature: …………………………...... ……….. Date: ……………….

Print: …………...... ………………………..

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Appendix 3: (see paragraph 4.25) Dealing with a Conflict of Interest

• Conflict of interest is identified and reported to management

• Conflict is considered and action is decided

• Action is recorded and carried out (if necessary)

• Declaration of interest form and register of interests are updated

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31 Published and printed by CDS

CDS 129409

9 781910 219836 ITEM 6

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Ards and North Down Borough Council was held in the Town Hall, The Castle, Bangor on Wednesday, 29 April 2015 commencing at 7.00pm.

PRESENT:

In the Chair: The Mayor Alderman G Alderman Graham

Aldermen: Carson Chambers Gibson Girvan Henry Irvine Keery McDowell M Smith Aldermen

Councillors: Adair Kennedy Allen Leslie Anderson Martin Armstrong-Cotter McClean Barry McIlveen Boyle Menagh Brooks Muir Cathcart Roberts Cooper Robinson Cummings Smart Dunne T Smith Edmund Thompson Ferguson Walker Gilmour

Officers: Chief Executive, Director of Finance and Performance, Director of Organisational Development and Administration, Director of Community and Wellbeing, Director of Regeneration, Planning and Development, Assistant Multi-Media Production Officer, Senior Committee Administrator and Senior Member Services Officer

1. APOLOGIES

Councillors Armstrong, Fletcher and Wilson.

ITEM 6

Councillors Armstrong-Cotter, Kennedy, Irvine, Martin and Thompson (for lateness).

2. DECLARATIONS OF INTEREST

The Mayor (Alderman Graham) asked for any declarations of interest.

None were made.

NOTED.

3. MAYOR’S BUSINESS

Audio Recording

The Mayor advised members that in line with Section 47(1) of the Local Government Act (Northern Ireland) 2014 an audio recording of so much of any meeting of the Council as was open to the public would be taken. He added that the recording would be stopped when the public and press were excluded from the meeting. When the public and press were readmitted the recording would recommence.

He reminded members that in compliance with legislation all Council meetings were to be audio recorded and that the recording of this meeting had commenced.

NOTED.

(Alderman Chambers entered the meeting at this stage – 7.08pm)

Northern Ireland Tourism Awards – Thursday 14 May 2015

The Mayor advised members that the above annual awards would take place in the Sir William Whitla Hall at Queen’s University in Belfast.

The Open House Bangor was a finalist for the Best Event or Festival Experience for the Year 2014. North Down Borough Council had been the main sponsor of this event. The event had been shortlisted in this category following a public vote. This was a tremendous achievement in the second year of the Open House Festival in Bangor.

Permission was sought to purchase two tickets at a cost of £75 + VAT per ticket.

(Alderman Chambers left the meeting at this stage – 7.09pm)

The tickets would be used by the Mayor and the appropriate Officer from the Tourism Section.

RECOMMENDED that approval is granted for the purchase of two tickets for Council’s representation at the NI Tourism Awards on 14 May 2015.

RESOLVED on the proposal of Alderman Keery, seconded by Alderman M Smith, that the recommendation be adopted.

ITEM 6

(Alderman Chambers entered the meeting at this stage – 7.10pm)

Mayor/Deputy Mayor list of Engagements for month of April 2015

The Mayor drew members’ attention to a report placed before them which detailed the engagements attended by both himself and Deputy Mayor during the month of April. He made reference to the accident which had occurred at Ards Airfield, adding that he had visited the site to pay his respects.

NOTED.

Request to reschedule Regeneration and Development Committee due to be held on 7 May 2015

The Mayor informed members that the Regeneration and Development Committee was due to be held on 7 May 2015. Due to the Parliamentary Election taking place the Chairman had requested that this meeting be rescheduled to take place on Thursday, 14 May 2015.

RESOLVED on the proposal of Councillor McClean, seconded by Councillor T Smith, that the Regeneration and Development Committee be rescheduled to Thursday, 14 May 2015.

Audit Committee – Change to Membership

Councillor McIlveen, as nominating officer for the DUP, advised the Council that Alderman Gibson would be replaced by Councillor Adair, on the Audit Committee.

NOTED.

4. DEPUTATION – SUPERINTENDENT BRIAN KEE, DISTRICT COMMANDER ARDS AND NORTH DOWN – RESTRUCTURING WITHIN PSNI

The Mayor welcomed Superintendent Kee to the meeting and invited him to make his presentation.

Superintendent Kee thanked members for the opportunity to address the Council and he introduced his team Chief Inspector McGrath and Chief Inspector Gordon.

He took the opportunity to congratulate the elected members on their success at election and also paid tribute to the Chief Executive on the excellent work of the Council, which had resulted in a seamless merger on 1 April 2015.

(Councillor Kennedy entered the meeting at this stage – 7.12pm)

ITEM 6

Drivers for Change

(Councillor Armstrong-Cotter entered the meeting at this stage – 7.13pm)

Review of Public Administration

 11 Councils from 1 April 2015 (11 districts co-terminus with the Council boundaries)

Patten Report

 Recommendation 94: Structure of the Police Service There should be one district command for each district council area.

 Recommendation 44: Policing with the community should be the core function of the police service and the core function of every police station.

Policing with the Community

Appendix 2 – Service First Continuous Improvement Projects Project – Policing with the Community (PwC)

Description – To formally embed Policing with the Community as the PSNI culture and ethos.

Timeline Phase I – Scope the project October 2015 Phase II – Business Case April 2016

Accountable Office – ACC Service Improvement Department

Financial Challenges

 £217 million reduction since 2011  £90 million - 2014/2015  £60 million - 2015/2016 (reduced by £20 million from the Stormont House Agreement)  2016/2017 - Next CSR

Ards and North Down District

 Local Policing Team (LPT) (Newtownards). Superintendent Kee explained that the ethos of the Local Policing Team would be to respond, engage and problem solve as opposed to the current response approach which was to respond and deal with the issue.  Neighbourhood Policing Team (NPT) (Bangor/Newtownards). This team would continue to work closely with the Council on critical issues.

ITEM 6

 District Support Team (This was the current Crime Team whose day to day role was to action intelligence, target anti-social behaviour and that day had assisted in a search of a high risk individual.)  Community Planning Sergeant (This was a new post.)

 Public Protection Branch (There had previously been eight of these branches which had now reformed and were co-terminus with the Health and Social Care Trusts.)  CID – Reactive and Organised Crime Branch (C1, Crime Operations Department)  Major Investigation Team (This section dealt with serious crime).  Operational Support Department: Road Policing, Armed Response Unit (ARU) and Tactical Support Group (TSG). (The DCU could request these services, as required.)

(Councillor McIlveen left the meeting at this stage – 7.20pm)

Superintendent Kee then detailed the Chief’s Constable’s vision and purpose.

“Keeping people safe is what we do, Policing with the Community is how we do it.”

That concluded the presentation.

Members were then invited to raise any queries and the following responses were received as a result:-

(Councillor McIlveen entered the meeting at this stage – 7.23pm)

 Superintendent Kee confirmed that there had been an underspend in respect of the PSNI’s budget in 2014-15. He explained however that it had been a fairly turbulent year for strategic financial planning. He stated that there had been a number of cuts to the budget, followed by an additional budget allocation. He informed members that money had also been set aside by the PSNI as it had a number of legal cases outstanding. He stated that unfortunately the PSNI was unable to carry its remaining budget over to the following year.

(Alderman Keery left the meeting at this stage – 7.25pm)

 Superintendent Kee stated that in 2014-15 there had been a reduction in detections of crime and anti-social behaviour in Holywood. He acknowledged however that there had been a number of incidents in recent times and that one person was in Police custody for 11 burglaries. Further arrests had been made, with three individuals released on Police bail pending further enquiries. He stated that if the public had information regarding these crimes that they should contact the PSNI.

(Alderman Keery entered the meeting at this stage – 7.27pm)

 Superintendent Kee reported that Ards and North Down district currently employed approximately 30 neighbourhood officers. He confirmed that this would be reduced to eight officers working within the new Neighbourhood

ITEM 6

Policing Team. He stated however that there would be 95 officers working within the Local Policing Team. He commented again on the different approach to be taken by these officers which would result in more engagement and problem solving. A number of members were concerned by the proposals in respect of the Neighbourhood Policing Teams. Superintendent Kee stated that the PSNI recognised that neighbourhood officers were well known within the community, but he added that the current model was not sustainable. He reminded members that a Neighbourhood Policing Team would remain in place with eight officers. These officers would make themselves known to the community. He added that they would be more accessible and would work seven days a week, 24 hours a day, on a shift rota. He stressed that this was not currently the case for neighbourhood officers.

 A number of members raised issues regarding the current contact number for the Police – 101 – claiming that it took a significant period of time to get through to an officer. Superintendent Kee stated that the 101 number was much superior to the previous 0845 number. He acknowledged that there had been a number of issues but he believed these had now been addressed. He stated that the Chief Inspector responsible for the three contact management centres welcomed feedback. He added that there was no date in place for a formal review at this point.

 One member suggested that a series of meetings should be organised between the Council and PSNI.

 Superintendent Kee expressed the view that community planning was a huge opportunity for organisations to work in partnership to solve problems within Ards and North Down. He stated that the PSNI was very familiar with partnership working and welcomed the opportunity.

 Superintendent Kee stated that the PSNI’s major concerns at this point related to domestic burglary, violent crime, domestic abuse and anti-social behaviour. He added however that there were a number of objectives and priorities within the Policing Plan and that, in association with the Council, he was keen to deliver results.

(Councillor Martin entered the meeting at this stage – 7.43pm)

 Superintendent Kee stated that the proposal in respect of the Local Policing Teams would enhance the current approach. He added that the officers within the policing team would have geographical responsibilities and would familiarise themselves with the community.

 Superintendent Kee stated that it was irrelevant where officers were stationed as they all worked within the district.

(Councillor Anderson left the meeting at this stage – 7.46pm)

ITEM 6

 It was noted that Superintendent Kee could bid for resources at an area and organisational level. He added that due to the issue in the area that day he had pulled in additional resources. He expressed the view that the organisation was now much more dynamic, adding that it was not possible for districts to operate in silos.

(Councillor Thompson entered the meeting at this stage – 7.47pm)

 Superintendent Kee confirmed that there were no plans to close Bangor Police Station, in fact he stated that it was very difficult to find space for all his officers within the building.

(Councillor Anderson entered the meeting at this stage- 7.48pm)

 Superintendent Kee advised members that the restructuring had commenced on 1 April 2015. The changes in respect of the Local Policing Team was likely to come into effect on 1 October 2015.

 Superintendent Kee referred to a quote by the Mayor which stated that he was the Mayor for the whole Borough, he too felt that he was the District Commander for the whole area and could provide a service for all. He added that policing the Peninsula was as important as the inner towns and he assured members that the whole area would receive his attention. He stated that there were 156,000 people living in the Borough and that each person was entitled to receive a police service.

 Superintendent Kee acknowledged that a number of police stations had closed in recent years and he stated that he was unable to guarantee the future of Portaferry station. He added that the Estates Strategy was ongoing.

(Councillor Adair left the meeting at this stage – 8.00pm)

 Superintendent Kee acknowledged that events such as “coffee with a cop” had proved very popular throughout the district. Councillor Brooks stated that he had facilitated these events within his own restaurant in Donaghadee and would be happy to expand on this and provide space for local police to have a ‘pop up’ station there. Superintendent Kee stated that he would be happy to discuss the proposal with the member.

(Councillor Adair entered the meeting at this stage – 8.03pm)

 Superintendent Kee confirmed that the PSNI’s budget had been cut by £60 million. As a result of the recent agreement in Stormont a further cut of £20 million was to be enforced.

The Mayor thanked Superintendent Kee for his presentation.

ITEM 6

2. DECLARATIONS OF INTEREST

PREVIOUSLY CIRCULATED:- Report dated 21 April 2015 from the Director of Finance and Performance stating that a mandatory Code of Conduct came into force on 28 May 2014. The Code of Conduct applied to Councillors elected to the 11 new councils on 22 May 2014. The Code of Conduct also applied to a non-elected person who was appointed to a council committee.

The Code of Conduct placed specific requirements on individuals in relation to the registration, declaration and disclosure of interests, and it was members’ responsibility to familiarise themselves with the detail of these requirements including the Code stipulations and relevant timeframes involved when a change in interests occurred.

Declaration of Members’ Interests Form

As a new Council term had commenced, the “Declaration of Members’ Interests” form was required to be completed for period beginning 1 April 2015 to last the duration of office.

Given the focus on openness and transparency in public sector organisations, it was paramount that comprehensive declarations of interest were made, thereby avoiding the risk of third party legal action and/or adverse media attention, in the event of any undeclared interests being identified.

Members were reminded of:

. the importance of recording complete, accurate and up to date information within their Declaration form; . the specific requirements placed on members in relation to the registration, declaration and disclosure of interests; . their responsibility to familiarise themselves with the detail of these requirements including the Code of Conduct stipulations and relevant timeframes involved when a change in interests occurred; . the opportunity afforded to them to update their Declaration if necessary. Members could update their declaration at any stage by contacting the Democratic Services section or the Chief Executive.

RECOMMENDED that members complete and return their Declaration of Members’ Interests Form as soon as possible; this should not be later than 1 June 2015 to ensure that accurate and up-to-date declarations are on file for the commencement of the year end audit.

Councillor Barry requested that the declaration form be emailed to members.

RESOLVED that the recommendation be adopted.

(Councillor Barry left the meeting at this stage – 8.08pm)

ITEM 6

5. MINUTES OF COUNCIL MEETING HELD ON 30 MARCH 2015

(Councillor Menagh left the meeting at this stage – 8.09pm)

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED on the proposal of Alderman Gibson, seconded by Alderman Girvan, that the minutes be agreed as a correct record.

6. MINUTES OF ANNUAL MEETING HELD ON 26 MARCH 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED on the proposal of Councillor Adair, seconded by Alderman Henry, that the minutes be agreed as a correct record.

7. MINUTES OF COMMITTEES

7.1. Planning Committee dated 8 April 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED on the proposal of Alderman Gibson, seconded by Councillor Thompson, that the minutes be noted.

7.2. Environment Committee dated 9 April 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Attendance

In the interests of accuracy, Councillor Ferguson advised the Council that Councillor Fletcher had entered the Committee at 7.02pm and not herself, as recorded in the minutes.

NOTED.

Item 8 – Initial Service Delivery – Verbal Update

Councillor Dunne referred to the consultation exercise which had been undertaken in respect of the Sunday closure of Holywood Recycling Centre. He expressed the view that the site would become much busier in the coming weeks.

A further query was raised in respect of the Balloo Recycling Centre, and a suggestion made that the current opening hours remain in place over the summer months.

ITEM 6

Alderman Chambers commented on the seamless merger and thanked all the officers involved. He also referred to the emptying of litter bins. He noted that over the Easter period they had been emptied on three occasions each day and he asked what the practice would be going forward. In addition he queried if the new mechanised sweeping equipment was in use.

(Councillor Leslie left the meeting at this stage – 8.16pm)

Councillor Muir referred to complaints. He stated that he received a number of complaints each month and asked if he should pass these through to the Directorate to ensure they were monitored.

The Chief Executive confirmed that these should be passed to the relevant officers.

(Alderman Keery entered the meeting at this stage – 8.17pm)

The Chief Executive stated that he was unable to answer some specific questions, however he explained that the new Director of Environment would take up post on 1 May 2015 and that he would ask him to address these issues at the next meeting of the Environment Committee.

NOTED.

RESOLVED on the proposal of Councillor Boyle, seconded by Councillor Barry, that the minutes be adopted, subject to the above amendment.

7.3. Corporate Services Committee dated 14 April 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED on the proposal of Alderman Carson, seconded by Alderman Keery, that the minutes be adopted.

7.4. Community and Wellbeing Committee dated 15 April 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

Item 13 – Provision of 3G Pitch in Portavogie through European Fisheries Fund

Councillor Adair proposed an amendment, seconded by Councillor McIlveen, that given the level of work undertaken by officers to date in respect of the provision of a 3G pitch in Portavogie that officers are asked to bring back a report on alternative sources of funding for this facility for Portavogie and the wider community.

ITEM 6

Councillor Adair briefed members on the history of the scheme, which had been ongoing for some time. He stated that at the last Council meeting of Ards Borough Council on 25 March 2015 members had been advised that DARD had requested that a green book appraisal was required to progress the scheme and that a deadline of September 2015 was imposed for completion of that and all capital works if approved, in line with the European funding timetables.

The member reminded Council that a Pitch Strategy had recently been undertaken for the new Borough which had recommended the provision of a 3G pitch in Portavogie. He referred to the different sporting facilities in the villages surrounding Portavogie, adding that there was an expectation within the community that the scheme would be delivered.

He tabled a petition, containing 757 names, in support of the scheme. The local football club had undertaken a further petition which contained 200 signatures.

He concluded that given the amount of work that had been put into the scheme to date that officers be tasked with producing a report on alternative sources of funding, with a view to bringing the scheme to fruition.

(Councillor Muir left the meeting at this stage – 8.28pm)

The seconder rose to support the amendment, and he also welcomed the decision of the Committee to advise DARD that it was no longer able to pursue the large project, allowing DARD to release the funding committed to it, and fund the fall back project which was the small 3G multi use surface in Portavogie, that could be delivered within the timescales set.

(Alderman Irvine entered the meeting at this stage – 8.29pm)

A number of members rose to support the amendment, and indeed the project which had been ongoing in Ards for a number of years. It was noted that the scheme had been supported by all parties within Ards Borough Council.

On the amendment being put to the meeting, with 36 voting For, nil voting Against, 1 Abstaining and 3 Absent, it was DECLARED CARRIED.

Councillor Adair having requested a Recorded Vote, the voting was as follows:-

FOR (36) AGAINST (nil) ABSTAINING (1) ABSENT (3) Aldermen Councillors Councillors Councillors Carson McClean Armstrong Chambers Fletcher Gibson Wilson Girvan Graham Henry Irvine Keery

ITEM 6

McDowell M Smith Councillors Adair Allen Anderson Armstrong-Cotter Barry Boyle Brooks Cathcart Cooper Cummings Dunne Edmund Ferguson Gilmour Kennedy Leslie Martin McIlveen Menagh Muir Roberts Robinson Smart T Smith Thompson Walker

The substantive motion as follows was put to the meeting and RESOLVED THAT the Council, in order to ensure that the village of Portavogie does not risk losing out on fishery village funding and that a new community recreation facility is provided, that option 2 above is approved. Further that given the level of work undertaken by officers to date in respect of the provision of a 3G pitch in Portavogie that officers are asked to bring back a report on alternative sources of funding for this facility for Portavogie and the wider community.

Item 5 – The Provision of In Bloom Funding for Community Groups

Alderman Girvan commented on the advertising for the In Bloom funding, which had involved an advertisement in local papers on 23 April with the closing date for applications one week later. She expressed the view that it was much too short of notice.

The Director of Community and Wellbeing stated that he had spoken with the officer who had confirmed that the regular participants had been in contact with him and that contact had also been made with local community groups.

ITEM 6

Alderman Chambers concurred that this was extremely short notice for any group wishing to participate. He suggested that a press release should have been issued.

In the interests of accuracy, it was noted that page three, paragraph four read that small grants had been offered up to an amount of £100 each. It was noted that this should read £1,000.

NOTED.

RESOLVED on the proposal of Councillor Menagh, seconded by Councillor Brooks, that the minutes be adopted, subject to the above amendment.

7.5. Regeneration and Development Committee dated 16 April 2015

PREVIOUSLY CIRCULATED:- Copy of the above minutes.

RESOLVED on the proposal of Councillor T Smith, seconded by Councillor Adair, that the minutes be adopted.

7.5.1. Matters Arising – Gas Beacons VE Day

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning stating that following a member’s Notice of Motion, it was proposed to light a beacon on the 70th anniversary of VE Day, Friday 8 May 2015. Ards and North Down Council would be one of over 100 locations across the United Kingdom marking the anniversary with beacons. As the council already owned gas beacons the costs would be minor, comprising on-site security, PA equipment and some staff overtime.

The proposed sites for the beacons were Central Pier, Bangor and Ballyhalbert, for the following reasons:-

Central Pier, Bangor

 The area was a secure area where the beacon could be lit safely.  The beacon would be able to be viewed from the Eisenhower Pier and the Pickie Pier.  The Eisenhower Pier was the location for General Dwight D Eisenhower’s historic send off to the hundreds of Allied ships which gathered in Bangor Bay before the D-Day liberation.  The beacon should be visible from the north side of Belfast Lough.

Ballyhalbert

 Ballyhallbert was relatively central to the borough’s coastline and incorporated the most easterly point in Northern Ireland.  The council had an amenity site there, including a sculpture marking the most easterly point which would provide an interesting complement to the beacon.

ITEM 6

 A beacon there would be visible from Scotland, linking Ards and North Down with the national chain of beacons.  The village had a strong connection with the Second World War – RAF Ballyhalbert played a key role in defending Belfast and the Supreme Commander of the Allied Forces, General Eisenhower, visited it in 1944. A number of American, Canadian and Polish servicemen were buried in two of the village’s churchyards.  In addition Council had been offered 1 of 5 Beacons to be provided by the Office of the First and Deputy First Minister throughout Northern Ireland. That would bring the number of Beacon lightings to 3. A verbal update as to the location of the third beacon would be provided to Council.

It was proposed to light the beacons at 21:30 hours to burn for a period of up to two hours. Publicity for it would be incorporated in associated promotion of the VE Day events planned for Bangor on Saturday, 9 May and in accordance with national protocol.

RECOMMENDED that the Council approves the above event, utilising funds available from the 2015-16 events programme budget.

The Director of Regeneration, Development and Planning advised members of the timetable for the events. She explained that this was a national programme and that a certain protocol must be followed. She referred to the gas beacon provided by the Office of the First and Deputy First Minister and stated that this would be lit in Ballyhalbert and indeed retained by the village.

(Councillor Dunne entered the meeting at this stage – 8.45pm)

She stated that all members were invited to attend either event. She stated that a veteran and a member of the clergy would be in attendance and that a script would be read by the veteran. This would end the national event.

She confirmed that local schools and clergy had been notified of the event, it would also be reported in the local press for two consecutive weeks and would be advertised on the Council’s website.

Councillor Adair commended the officer for her efforts to bring this event to fruition. He was particularly delighted at the inclusion of Ballyhalbert in this national commemoration, given that the village had been instrumental in the Battle of Britain. He commented on the strong Polish community in the peninsula, adding that he hoped they would be encouraged to be involved in the event.

RESOLVED on the proposal of Councillor Adair, seconded by Councillor Edmund, that the recommendation be adopted.

8. STANDING ORDERS (Appendix I)

(Councillor Adair left the meeting at this stage – 8.47pm)

ITEM 6

PREVIOUSLY CIRCULATED:- Report dated 24 April 2015 from the Director of Organisational Development and Administration attaching the Standing Orders for Ards and North Down Borough Council following amendment at the previous meeting.

As members would recall the Standing Orders were stood down for four weeks at the Council meeting on 30 March 2015.

RECOMMENDED that the Ards and North Down Standing Orders were now approved.

The Mayor informed members that at the Council meeting held on 5 March 2015 it had been agreed that Standing orders 16(2) and 16(3) be removed.

These two clauses have been inadvertently been left in the document before the Council this evening.

They would therefore be deleted from the final Standing Orders should the Council approve these at this meeting.

The Mayor also referred to Standing Order 12 (3) in respect of deputations which stated that the totality of the address shall not exceed 10 minutes followed by a maximum 15 minutes question and answer session. He stated that in future this would be enforced.

(Councillor Adair entered the meeting at this stage – 8.49pm)

(Alderman Girvan left the meeting at this stage – 8.49pm)

Councillor Ferguson requested that elected members be furnished with a hard copy and electronic set of Standing Orders.

Councillor Cooper referred to Standing Order 4 in respect of notice and summons to meetings. He noted that the requirement was for agendas to be issued three days prior to a meeting. He expressed the view that this did not give adequate time for members to adequately prepare for meetings and suggested that this be increased to one week.

The Chief Executive responded that the minimum legal requirement was three days, however he stated that efforts were made to issue the papers one week in advance of meetings.

RESOLVED on the proposal of Alderman Carson, seconded by Councillor Thompson, that the recommendation be adopted, taking account of the two amendments.

ITEM 6

9. REQUESTS FOR DEPUTATION

9.1. Rivers Agency

PREVIOUSLY CIRCULATED:- Copy letter dated 18 March 2015 from the Rivers Agency requesting to address the Council in respect of the Flood Maps of Northern Ireland.

RESOLVED on the proposal of Councillor Adair, seconded by Alderman M Smith, that the Council accedes to the request and that the deputation be heard by the Corporate Services Committee.

9.2. Northern Ireland Strategic Migration Partnership

PREVIOUSLY CIRCULATED:- Copy letter dated 24 February 2015 from the Northern Ireland Strategic Migration Partnership requesting to address the Council on the work of the partnership and how they could support the Council.

RESOLVED on the proposal of Councillor Barry, seconded by Councillor Roberts, that the Council accedes to the request and that the deputation be heard by the Community and Wellbeing Committee.

9.3. Friends of Exploris

PREVIOUSLY CIRCULATED:- Copy letter dated 17 April 2015 from the Friends of Exploris requesting to address the Council to discuss their concerns about the impact of the prolonged closure of Exploris on the local community and the economy of Portaferry and the local region.

Councillor Gilmour proposed, seconded by Councillor Thompson, that the Council does not accede to the request until the meeting with the Minister has taken place and the funding issue is resolved.

Councillor Boyle proposed an amendment, seconded by Alderman McDowell, that the Council accedes to the request and hears the deputation at the Regeneration and Development Committee.

On the amendment being put to the meeting, with 26 voting For, 7 voting Against, 4 Abstaining and 3 Absent, it was DECLARED CARRIED.

Councillor Boyle having requested a Recorded Vote, the voting was as follows:-

FOR (26) AGAINST (7) ABSTAINING (4) ABSENT (3) Aldermen Councillors Aldermen Councillors Carson Adair Graham Armstrong Chambers Cathcart Keery Fletcher Gibson Gilmour Councillors Wilson Girvan Leslie Dunne

ITEM 6

Henry Martin Edmund Irvine T Smith McDowell Thompson M Smith Councillors Allen Anderson Armstrong-Cotter Barry Boyle Brooks Cooper Cummings Ferguson Kennedy McClean McIlveen Menagh Muir Roberts Robinson Smart Walker

RESOLVED THAT the Council accedes to the request and hears the deputation at the Regeneration and Development Committee.

The meeting adjourned at this stage – 9.04pm.

The meeting reconvened at 9.20pm

10. COUNCIL CONSTITUTION

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Organisational Development and Administration attaching the Council Constitution. Members had been advised at the Governance Committee on 19 February 2015 that under Section 2 of the Local Government Act (Northern Ireland) 2014, Ards and North Down Borough Council was required to prepare and keep up to date a constitution.

A draft constitution had been produced in accordance with direction issued by the DOE and that would be placed on the Council website when agreed. The version furnished to members was a full word version but the version available on the Council website would have a slightly different format with links to various articles and annex documents. The content would be identical and members were asked to consider only the content.

RECOMMENDED that the draft Ards and North Down Borough Council Constitution be agreed and adopted.

ITEM 6

The Chief Executive drew members’ attention to Annex 3 Page 1 and a typographical error where it stated that each year at the Annual Meeting the Council would appoint Members to various bodies – this should have read for a term of 4 years.

The Chief Executive asked for that amendment to be included in the consideration of the document.

RESOLVED on the proposal of Councillor Cooper, seconded by Councillor Barry, that the recommendation be adopted, subject to the amendment.

11. CULTURAL EXPRESSIONS POLICY

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Chief Executive stating that the the Council had previously considered, arising from the Good Relations Audit and Action Plan, a new Cultural Expressions Policy which included grant support to community events and festivals often associated with bonfires, principally held in July throughout the Borough.

The recommendations of the Strategic and Services Committee were sent back by the Council for further consideration following informal consultation with community representatives from the two former legacy Council areas in order to have a single and effective policy for 2015.

This process had been completed and, given the urgent need to have an Implementation Plan in place as quickly as possible, the report had been brought directly to the Council meeting.

Attached was the draft Council Cultural Expressions Implementation Agreement for 2015 which had been discussed with community representatives and appeared to be acceptable to them. The plan would be subject to OFMDFM financial support under the Good Relations funding programme.

A review would take place after the summer following a report on the implementation of the plan.

RECOMMENDED that the Council approves the Ards and North Down Cultural Expressions Implementation Plan for 2015 subject to funding from OFMDFM and receives a report following a post summer review for future policy consideration.

(Alderman McDowell entered the meeting at this stage – 9.23pm)

Councillor Menagh proposed, seconded by Councillor Martin, that the recommendation be adopted.

(Aldermen Chambers, Gibson, Henry and M Smith and Councillors Armstrong- Cotter, Cathcart, Cummings, Gilmour, Kennedy, McClean and Smart entered the meeting at this stage – 9.24pm)

ITEM 6

Councillor Walker raised a number of questions in respect of the policy. The Chief Executive responded that if groups failed to adhere to the implementation agreement that the final payment would be withheld. He stated that the policy was based on the Ards model, which had proved very successful over the years. He stressed that groups could only apply if they had the appropriate insurance in place. He added that the collection commencement date had previously been 1 June in Ards and 1 May in North Down. Following the consultation, it had been evident that 1 May was the preferred date.

Councillor Walker stated that he would be unable to support the policy and would be voting against.

Councillor McIlveen expressed the view that had the issue been settled earlier that the outcome may have been different. He stated that this was an interim measure for 2015 and that work would continue on the programme for the following year. He stressed that an element of time was required for relationships to be established with the groups involved, with a view to the date for collection commencement being 1 June moving forward. He reassured members that the Ards programme had worked very well over the years. He acknowledged however that the consideration of the residents must be borne in mind. In conclusion he expressed some concern at the name of the policy “Cultural Expressions”, and suggested that the groups would have preferred it to be merely named the Bonfire Policy.

Councillor Barry suggested that a Bonfire Agreement would be ideal and he too was unhappy with the term cultural expressions. He expressed the view that the policy was a temporary measure to address the issue in 2015. He stated that he would be keen to move the process on from bonfire management to bonfire transformation.

In response to a query, the Chief Executive stating that the OFMDFM budget had not yet been confirmed.

Alderman Chambers stated that he was aware of individuals who were unhappy about the policy, however he expressed the view that it was better to amend a policy than deal with an unauthorised bonfire.

Councillor Menagh stated that much work had been undertaken in respect of the policy, adding that it was imperative that it was in place. He added that groups would hold bonfires and fun days regardless of the funding.

The Chief Executive confirmed that officers had consulted as far as they could, adding that the document had been widely circulated.

RESOLVED on the proposal of Councillor Menagh, seconded by Councillor Martin, with 32 voting For, 5 voting Against, nil Abstaining and 3 Absent, that the recommendation be adopted.

ITEM 6

Councillor Menagh having requested a Recorded Vote, the voting was as follows:-

FOR (32) AGAINST (5) ABSTAINING (nil) ABSENT (3) Aldermen Aldermen Councillors Councillors Carson Girvan Armstrong Chambers McDowell Fletcher Gibson Councillors Wilson Graham Anderson Henry Muir Irvine Walker Keery M Smith Councillors Adair Allen Armstrong-Cotter Barry Boyle Brooks Cathcart Cooper Cummings Dunne Edmund Ferguson Gilmour Kennedy Leslie Martin McClean McIlveen Menagh Roberts Robinson Smart T Smith Thompson

(Alderman Keery and Councillor Barry left the meeting at this stage – 9.42pm)

12. EXPLORIS AQUARIUM AND SEAL SANCTUARY – MANAGEMENT OPTIONS

PREVIOUSLY CIRCULATED:- Report dated 20 April 2015 from the Director of Regeneration, Development and Planning referring to the letter of offer to Ards Borough Council from the Department of the Environment for grant funding, amounting to £914,000 for capital works in connection with the refurbishment of

ITEM 6

Exploris, which was issued in September 2014. It was a condition of the offer that work should have been completed by the end of March 2015. The procurement of a suitable contractor was not possible and, in consequence, the DOE had advised that provision for £700,000 was within its budget with a revised completion date of March 2016. Council had requested that the Minister of the Environment reconsidered this decision and that he reinstated the original offer of £914,000.

Following a previously unsuccessful attempt by Ards Borough Council to conclude an agreement with an operating partner, Exploris closed to the public for refurbishment some months ago with the redundancy of most of the staff (three aquarists remained to take care of the aquarium and seal sanctuary stock).

So as not to incur any further loss of grant it was imperative that the refurbishment works should commence as soon as possible and that in parallel the decision be made as to the preferred method of operation. A further attempt may be considered to be made to attract an operating partner in order to create a sustainable future for Exploris. The best method for the Council to consider all options and assess the best and preferred one would be to undertake an independent Options Appraisal.

To that end, and following advice from the Council’s Procurement Manager, V4 Services could be invited to vary their existing contract (for the provision of an Options Appraisal for the Management of Leisure Services) to include an options appraisal for the future operation of Exploris, to be completed in May 2015.

The requirement was for an appraisal of all of the possible options for the future management of the Exploris Aquarium and Seal Sanctuary from Spring 2016 onwards to include as a minimum:-

a) To review current thinking and work carried out to date that related to Exploris and provided a clear summary of the relative merits of the various options that had been considered to date, including those above b) Update elements of previous work as required c) Identify any new business models which could provide a viable and sustainable solution d) Describe the process which the Council should follow to deliver the required solution (model most likely to achieve a viable and sustainable future for Exploris), including key stages, delivery milestones, and cost e) Advise on key issues which related to the delivery process, including vires, legal requirements, applicable procurement regulation / legislation, financial matters, and risk f) Identify how the arrangements may be shaped – commercial terms, etc.

The outputs from this work must be sufficiently detailed to enable the Council to not only form a view as to the best way forward, but to fully understand the steps to be taken to achieve the required outcome - a viable and sustainable future for Exploris.

The additional cost for this work would be met from existing revenue budget and would be capped at £5,700 including expenses and disbursements.

ITEM 6

This report would additionally inform discussions with the Minister and the Department with regard to the grant funding Letter of Offer.

RECOMMENDED that Council approves the variation to the existing contract with V4 Services (for the provision of an Options Appraisal for the Management of Leisure Services) to include an Options Appraisal for the future management of Exploris Aquarium and Seal Sanctuary, at a cost not to exceed £5,700.

Alderman Chambers proposed, seconded by Councillor Thompson, that the recommendation be adopted.

(Alderman Keery entered the meeting at this stage – 9.43pm)

Councillor Boyle referred to the previous decision of Council to write to the Minister seeking an urgent meeting in respect of the funding. He asked if the letter had been sent and if any response had been received.

The Chief Executive confirmed that the letter had been sent immediately following the Council meeting and that to date only an acknowledgment had been received.

(Councillor Cathcart left the meeting at this stage – 9.44pm)

Councillor Boyle expressed the view that there was some confusion in respect of this issue, as the grant allocation had not been reduced, the Council had just failed to spend it within the allocated timeframe.

The Chief Executive clarified that there was an issue in respect of the profiling of the budget. £914,000 had previously been offered and allocated to the Council for the 2014-15 year, however in accepting the offer the Council had informed the Department that it could not all be spent within the timeframe required. The officials had therefore indicated that only £700,000 would be available in 2015-16. Mr Campbell, Director of Marine Division, DOE had indicated that this was a top priority in his budget. The Council had later agreed to seek a meeting with the Minister asking that the full budget of £914,000 be reinstated.

Councillor Boyle stated that Ards Borough Council had previously been asked to prepare a Business Case, the result of which was the grant of £914,000. He asked if a further Business Case would now be required. He expressed concern that the preferred option for Exploris appeared to be outsourcing of the management.

The Chief Executive did not believe a further Business Case would be required. He stated that the meeting with the Minister had been sought to make the case for the full funding allocation to be reinstated.

(Councillor Roberts left the meeting at this stage – 9.48pm)

Councillor McIlveen reminded Councillor Boyle that Ards Borough Council had attempted to outsource the operation of Exploris on a number of occasions previously and that this was part of the Business Case agreed by Ards Borough Council.

ITEM 6

Councillor Walker suggested that it be communicated to the public that Exploris was currently closed.

RESOLVED on the proposal of Alderman Chambers, seconded by Councillor Thompson, that the recommendation be adopted.

(Alderman Chambers left the meeting at this stage – 9.50pm)

13. APPOINTMENT OF MEMBER TO NORTHERN IRELAND DRAINAGE COUNCIL

PREVIOUSLY CIRCULATED:- Report dated 20 April 2015 from the Chief Executive stating that correspondence dated 8 April 2015 had been received from the Drainage Council for Northern Ireland. It stated that all nominees would be asked to complete an application form and submit this via the Council by Friday, 8 May 2015 (that was an extension to the original date). Application forms were available from the Democratic Services Section.

RECOMMENDED the Council nominates two members for appointment to the Drainage Council for Northern Ireland.

(Alderman Chambers entered the meeting at this stage – 9.51pm)

RESOLVED that the following members be nominated:-

(On the proposal of Alderman Henry, seconded by Councillor Ferguson)

Councillor Fletcher

(On the proposal of Councillor Kennedy, seconded by Councillor T Smith)

Councillor Cathcart

14. APPOINTMENT OF MEMBER AS A ‘MENTAL HEALTH CHAMPION’

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Chief Executive attaching letter from MindWise inviting the Council to appoint a councillor as a ‘Mental Health Champion’. The role of this Champion would be to support efforts to promote the Council’s role in mental health awareness and recovery, as well as address issues of mental health discrimination.

RECOMMENDED that the Council nominates one member for appointment as its ‘Mental Health Champion’.

ITEM 6

RESOLVED on the proposal of Councillor McIlveen, seconded by Alderman Gibson, that two Mental Health Champions be appointed.

The following nominations were made:-

(On the proposal of Councillor Menagh, seconded by Councillor Boyle)

Councillor Cooper

(On the proposal of Councillor McIlveen, seconded by Councillor Edmund)

Councillor Adair

(On the proposal of Councillor Muir, seconded by Councillor Anderson)

Councillor Armstrong

(On the proposal of Alderman M Smith, seconded by Councillor Ferguson)

Alderman Henry

As there were four nominations for two places, a paper vote was taken.

RESOLVED THAT Alderman Henry and Councillor Cooper be nominated as Mental Health Champions.

15. CONSULTATION DOCUMENT

15.1. Department of Education – Consultation on General Certificate of Secondary Education (GCSE) Grading (Comments to be submitted no later than 19 June 2015)

PREVIOUSLY CIRCULATED:- Consultation Document from the Department of Education seeking the views of the Council.

RESOLVED that the Consultation Document be noted.

16. REQUESTS FOR DELEGATED POWERS

16.1 Community and Wellbeing Committee – 13 May 2015 – Approval of PCSP Independent Members

PREVIOUSLY CIRCULATED:- Report dated 24 April 2015 from the Director of Community and Wellbeing stating that PCSP’s were statutory bodies established under the Justice Act (Northern Ireland) 2011. Under the Act, Councils were obliged to establish a PCSP structure in the locality. At the meeting on 7 August 2014 the Shadow Council agreed that the PCSP would be made up of ten political members and nine independent members and a recruitment panel was appointed to assist in the selection of the independent members.

ITEM 6

The panel comprised of Alderman Robert Gibson, Councillor Alan McDowell, Councillor Marion Smith and Councillor Eddie Thompson and following training they had undertaken shortlisting and interviews for candidates. The process would conclude on 1 May 2015 and following that, the decision of the interview panel must be endorsed by Ards and North Down Borough Council. The Council recommendations would then be forwarded to the Northern Ireland Policing Board who would appoint the candidates based on their representativeness. It was anticipated that Ards and North Down PCSP would be reconstituted on 1 June 2015. In order to facilitate that timeline, delegated powers were requested for Community and Wellbeing Committee to consider the recommendations of the interview panel.

RECOMMENDED that delegated powers be granted to the Community and Wellbeing Committee on 13 May 2015 to consider the recommendations of the PCSP interview panel for the appointment of independent members.

RESOLVED on the proposal of Alderman Chambers, seconded by Councillor Muir, that the recommendation be adopted.

16.2. Environment Committee – 6 May 2015 – Grant of Entertainment Licence

PREVIOUSLY CIRCULATED:- Report dated 15 April 2015 from the Director of Environment stating that authority was sought to delegate Council powers to the Environment Committee in May 2015 to consider and grant or refuse an entertainment licence for an event in a marquee to be held at Holywood Rugby Club, Belfast Road, Holywood.

The application was made on 2 April 2015 but with mandatory 28 day public notice period; in normal circumstances Council could not consider the application until after the 30 April 2015. The event was to be held on the 29 and 30 May 2015.

RECOMMENDED that the Council delegates authority to the Environment Committee in May 2015 to either grant or refuse the Entertainment Licence application.

RESOLVED on the proposal of Alderman Chambers, seconded by Councillor Muir, that the recommendation be adopted.

16.3 Regeneration and Development Committee – 7 May 2015 – Coastal Masterplan Feasibility Study

PREVIOUSLY CIRCUATED:- Report dated 23 April 2015 from the Director of Regeneration, Development and Planning stating that Authority was sought to delegate Council powers to the Regeneration, Development and Planning Committee in May 2015, to consider and approve a proposed list of tactical projects, for submission to the consultants, appointed to deliver the Coastal Masterplan Feasibility Study. The consultants had been appointed by Tourism NI, along with a series of local authority partners, to deliver a draft report by 30 June 2015. It was also their intention to host a workshop to further explain their proposals on 21 May, whereby nominated members would be invited to attend.

ITEM 6

RECOMMENDED the Council delegates authority to the Regeneration, Development and Planning Committee to approve the proposed list of tactical projects and nominate four members to attend the workshop on 21 May 2015.

RESOLVED on the proposal of Alderman Chambers, seconded by Councillor Muir, that the recommendation be adopted.

16.4. Corporate Services Committee – 12 May 2015 – Application for Voluntary Severance

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Organisational Development and Administration stating that permission was sought for delegated powers to the Corporate Services Committee for potentially two applications for Voluntary Severance.

A number of business cases for voluntary severance were currently under consideration but the Council was still awaiting figures from NILGOSC concerning the employer’s costs in relation to early payment of pension.

Should those figures be acceptable, in terms of the total cost of voluntary severance being paid back within 3.25 years, then it was possible that staff could be released on 31 May 2015.

In order to give staff more than a couple of days’ notice of the decision, it was proposed that the business cases be considered by the Corporate Services Committee with delegated powers, rather than by Council at the end of May.

RECOMMENDED that delegated powers were given to the Corporate Services Committee in May 2015 in relation to two possible applications for Voluntary Severance.

RESOLVED on the proposal of Alderman Chambers, seconded by Councillor Muir, that the recommendation be adopted.

17. CONFERENCES, INVITATIONS, ETC

17.1. NILGA 2015 Conference - La Mon Hotel, Comber – Thursday, 18 June 2015

PREVIOUSLY CIRCULATED:- Copy correspondence dated 2 April 2015 from NILGA.

It was noted that spaces had been allocated to the Mayor or Chief Executive, free of charge.

The following nominations were made:-

(On the proposal of Councillor Muir, seconded by Councillor Boyle)

ITEM 6

Aldermen Girvan and McDowell

(On the proposal of Alderman Henry, seconded by Councillor Ferguson)

Aldermen Carson and M Smith

(On the proposal of Councillor Adair, seconded by Councillor Cummings)

Aldermen Gibson and Keery

Councillor Martin expressed the view that to appoint six members to attend a conference was excessive and suggested that only four members attend.

RESOLVED on the proposal of Councillor Martin, seconded by Councillor McClean, with 16 voting For and 2 voting Against, that only four members be nominated to attend.

A paper vote was taken.

RESOLVED THAT Aldermen Carson, Gibson, Keery and M Smith be appointed to attend.

17.2. ABF The Soldiers’ Charity – Royal Salute, Hillsborough Castle – Wednesday, 10 June 2015

PREVIOUSLY CIRCULATED:- Copy letter dated 13 April 2015 from ABF The Soldiers’ Charity .

RESOLVED on the proposal of Councillor T Smith, seconded by Councillor Thompson, that the Mayor and Deputy Mayor be nominated to attend.

17.3 Agenda NI – New Public Procurement: Innovative and Collaborative – Belfast – Wednesday, 20 May 2015

PREVIOUSLY CIRCULATED:- Copy letter dated 10 April 2015 from Agenda NI.

RESOLVED on the proposal of Councillor Martin, seconded by Councillor Walker, that the conference be noted.

17.4. Ark Housing Consultancy – Responding to Change in the NI Housing Sector - Belfast – 6 May 2015

PREVIOUSLY CIRCULATED:- Copy letter dated 14 April 2015 from Ark Housing Consultancy.

RESOLVED on the proposal of Councillor T Smith, seconded by Councillor Edmund, that the conference be noted.

ITEM 6

18. TRANSFERS OF RIGHTS OF BURIAL

The following transfer applications were received:-

Name Transferred to Cemetery Section No

BG15024 E Morrow H Ormsby Comber 26 291

BG15045 EF Hutchinson S Hutchinson Movilla 58 209 (dec’d)

BG15046 R Stamp R R Stamp Movilla 43 122 (dec’d)

BG15047 M Hull B E Gazzard Movilla 60 76 (dec’d)

BG15049 JH Stephens H Stephens Comber 10 33+34 (dec’d)

RESOLVED on the proposal of Alderman Carson, seconded by Councillor Thompson, that the Transfer of Rights of Burial be approved.

19. SEALING DOCUMENTS

RESOLVED on the proposal of Councillor Gilmour, seconded by Alderman Irvine, that the Seal of the Council be affixed to the following documents:-

(a) Permission to Sell Ice Cream at the following sites - Bank’s Lane, Ballyholme - Harbour Car Park, Groomsport - Luke’s Point, Ballyholme, Bangor - Seapark, Holywood - Ward Park, Bangor

(b) The Vennel Car Park – Licence Agreement with DSD

(d) Re-registering of a loan from Chase Nominees Ltd to HSBC Global Custody Nominee (UK) Limited, 8 Canada Square, London E14 5HQ A/C 853748

(e) Car Loan Agreement – Rosemary McCullough

(f) BG15050 – Duplicate Grant of Right of Burial No. 7410

ITEM 6

20. NOTICES OF MOTION

20.1. Notice of Motion submitted by Councillor Barry

In the absence of Councillor Barry, it was agreed that the Notice of Motion be placed on the Council agenda in May 2015.

20.2. Notice of Motion submitted by Councillor Boyle

“That this Council notes that investment in early education benefits our society and economy enormously; further notes how the Department of Education’s Early Years Fund contributes towards this; expresses it concern about the proposed reduction of £1.71 million to the Early Years Fund and the risks this poses to 177 jobs and 2500 early childhood places, including over 620 children with special needs and calls on the Minister for Education to ensure this Fund is protected against cuts.”

RESOLVED on the proposal of Councillor Boyle, seconded by Councillor Menagh, that the Notice of Motion be referred to the appropriate Committee.

20.3. Notice of Motion submitted by Councillor Boyle

“That this Council agrees to organise, as soon as possible, a visit for elected members along with appropriate officers to the 'Exploris ' facility in Portaferry to familiarise themselves with the facility and surrounding Council owned park land to assist with future decision making involving the overall complex - further, that it also meets during the visit with Portaferry Regeneration for a walkabout to discuss and inform those in attendance with reference to the ongoing ' Townscape Heritage Initiative (THI) ' of which the Council is one of the funding bodies.”

Councillor Boyle commented that the Director of Regeneration, Development and Planning was arranging a trip to the Peninsula and he sought information regarding the itinerary to ascertain if the planned visit would address his motion.

The Director of Regeneration, Development and Planning stated that the majority of the day (around 40%) would be spent in Portaferry, visiting Exploris and also viewing the THI scheme.

In light of the information from the Director, Councillor Boyle withdrew his motion.

ITEM 6

20.4. Notice of Motion from Alderman Girvan

“That this Council welcomes the recent announcement that 2016 will be Northern Ireland's Year of Food; notes excellent opportunities for the Council to participate in a major regional tourism drive to attract more tourists and visitors to Ards and North Down Borough Council area as part of this Year of Food; and accordingly I request that officers bring back a report which outlines a potential programme of food events to take place during 2016 which will encourage both local and international visitors to experience the taste and flavour of the exceptional food that is grown and produced in our area which in turn will help to boost the local economy and create more jobs; and also include in the report possible grants that may be available alongside a corresponding proposed budget.”

Alderman Girvan proposed, seconded by Councillor Walker, that the Notice of Motion be referred to the appropriate Committee.

Councillor McIlveen stated that given that the above event was already planned there seemed little point in discussing it at a Committee.

The Director of Regeneration, Development and Planning stated that she would be bringing a report to the June meeting of the Committee on the event. She stated that the motion and the report had simply overlapped.

In light of the information from the Director, Alderman Girvan withdrew her motion.

20.5. Notice of Motion from Councillor Martin & Alderman Irvine

“That this Council calls for new legislation to tackle the sale of New Psychoactive Substances (also known as ‘legal highs’) and writes to the Home Secretary to ask that this legislation be expedited as quickly as possible. It further requests a report from Officers on the sale of NPS within the Borough and whether action can be taken against these sellers (similar to that adopted by Belfast City Council last year) to prevent further sale of these extremely dangerous drugs”

RESOLVED on the proposal of Alderman Irvine, seconded by Councillor Martin, that the Notice of Motion be referred to the appropriate Committee.

EXCLUSION OF PUBLIC AND PRESS

AGREED on the proposal of Alderman Carson, seconded by Councillor Ferguson, that the public and press be excluded from the meeting for the undernoted items of business.

The Mayor stated that as the meeting was going into committee and the public and press were being excluded from the meeting, in line with Section 47 (1) of the Local Government Act (Northern Ireland) 2014, the audio recording would be stopped.

ITEM 6

21. PUBLIC REALM PUBLIC ART

*** NOT FOR PUBLICATION ***

Schedule 6 – Information relating to the financial or business affairs or any particular person of any particular person (including the Council holding that information).

22. BUSINESS CASE – VOLUNTARY SEVERANCE

This item had been withdrawn.

NOTED.

23. ENVIRONMENT DIRECTORATE – MANAGEMENT STRUCTURE

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

24. TENDER FOR THE PROVISION OF AGENCY WORKERS

*** NOT FOR PUBLICATION ***

Schedule 6 – Information relating to the financial or business affairs or any particular person of any particular person (including the Council holding that information).

24.1 RE-ADMITTANCE OF PUBLIC AND PRESS

AGREED, on the proposal of Alderman Carson, seconded by Councillor Adair, that the public and press be re-admitted to the meeting.

Members were advised that in line with Section 47 (1) of the Local Government Act (Northern Ireland) 2014 the audio recording would now recommence.

Circulated for Information

(a) NILGA – Carnegie UK Trust – Towards A Wellbeing Framework (Copy correspondence dated 27 March 2015 attached) (b) South Eastern Health and Social Care Trust – Minutes of Public Meeting held on 25 February 2015 (Copy attached) (c) Education Authority – Change of Registration of Food Business Operator (FBO) (Copy correspondence dated 1 April 2015 attached) (d) Alliance Party Strangford Constituency Office – Alderman Kieran McCarthy JP MLA (Copy correspondence dated 2 April 2015 attached)

NOTED.

ITEM 6

25. TERMINATION OF MEETING

The meeting terminated at 10.33pm

ITEM 7.1

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Planning Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 5 May 2015 at 7.00 pm.

PRESENT:-

In the Chair: Alderman Gibson

Aldermen: Carson Keery Girvan McDowell Graham Smith

Councillors: Dunne Thompson Fletcher Walker McIlveen

Officers: Chief Executive, Director of Regeneration, Development and Planning, Principal Professional and Technical Officer, Senior Planner (Ards), Senior Planner (North Down), Senior Committee Administrator and Democratic Services Officer.

WELCOME

The Chairman (Alderman Gibson) welcomed everyone to the second official meeting of Ards and North Down Borough Council’s Planning Committee. The Chairman especially welcomed those present in the Public Gallery and proceeded to introduce the Chief Executive, Director of Regeneration, Development and Planning, Principal and Senior Planners and Council Officers in attendance.

NOTED.

1. APOLOGIES

Apologies were recorded from Alderman Irvine, Councillor Barry and Councillor McClean (Deputy Mayor).

NOTED.

2. DECLARATIONS OF INTEREST

The Chairman (Alderman Gibson) requested Members to advise of any declarations of interest.

Councillor Dunne declared an interest in Planning Application Item 4.3 – W/2014/0545/F – 29 Station Road, Craigavad – Extensions and alterations to existing dwelling and garage.

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Councillor Fletcher sought clarification that Item 7 – Live Enforcement Notices was for noting purposes only.

NOTED.

3. MATTERS ARISING FROM THE MINUTES OF THE PLANNING COMMITTEE MEETING OF 8 APRIL 2015

The Chairman (Alderman Gibson) reminded Members that the Planning Committee had delegated powers and the Minutes of the above meeting had been noted by Council on 29 April 2015, however, this item was on the Agenda to provide an opportunity for Members to raise any outstanding issues.

Members indicated that there were no matters arising from the previous Meeting of the Planning Committee held on 8 April 2015.

NOTED.

4. PLANNING APPLICATIONS

4.1 Application No. X/2014/0369/F – Land adjacent and 150m SE of Abbot Close, Newtownards – Full application for Community Park and gardens, community building and single storey retirement cottage for respite care and other community facilities with proposed access from Abbot Gardens.

PREVIOUSLY CIRCULATED:- Copy documentation (Appendix I):

- Overview of application and location maps of the site - Extract from the Ards and Down Area Plan - PAC Appeal Decision Reference 2011/A0286

The Principal Professional and Technical Officer guided Members through a powerpoint presentation which included a detailed summary of the application and location maps of the site:

 DEA: Newtownards.  Committee Interest: Includes residential on land >2HA.  Proposal: Full Application for community park and gardens, community building and single storey retirement cottage for respite care and other community facilities with proposed access from Abbot Gardens.  Site Location: Land adjacent and 150m SE of Abbot Close, Newtownards.  Recommendation: Refuse Planning Permission.  Refusal Reasons: Contrary to Policy OS1 of PPS8 - resulting in loss of existing and proposed open space which is zoned as such in the Ards and Down Plan (ADAP) 2015 – no exceptions to the policy have been demonstrated. Contrary to ADAP 2015 Proposal NS19 - the proposal constitutes piecemeal development, no comprehensive scheme submitted which incorporates the neighbouring amenity space (Proposal NS43), necessary public infrastructure, 2

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landscaping, phasing of development for zoning as set out in the key design considerations.

The Principal Professional and Technical Officer reported that the Ballyreagh Road was situated on the east fringes of Newtownards and housing had been zoned in the Ards and Down Area Plan (ADAP) 2015 which relied on provision of a distributor road as a vital element of that scheme. The Officer explained that the current planning proposals would provide a shortcut through the vital wedge of open space in an attempt to access the site of the planned housing zone without the significant road. Also the entire area had not been given consideration, and six letters of objection had been submitted, with only one letter of support received for the application. The Officer concluded that there had been a previous application which had been refused, appealed and dismissed for planning approval at the site.

The Chairman (Alderman Gibson) thanked the Principal Professional and Technical Officer for outlining the reasons in relation to PPS8 and ADAP 2015 for the recommended refusal of this application to the Planning Committee.

The Chairman (Alderman Gibson) invited Mr D Worthington of Pragma Planning and Development Consultants Limited to speak for 5 minutes in objection to the application. Mr Worthington concurred with the planning summary and he outlined plans within the Ards and Down Area Plan (ADAP) 2015 for a ring road around Newtownards incorporating housing zones on the Movilla Road to the Bowtown Road to alleviate traffic congestion. Mr Worthington advised that he was acting on behalf of Fraser Homes who owned some of the land zoned for housing and that negotiations with another developer were at an advanced stage in order to achieve delivery of the road and housing in conjunction with ADAP 2015. Mr Worthington outlined that the previous similar application had been rejected and approval of this application would mean that the road system would not be delivered as planned by responsible developers such as Fraser Homes.

In response to feedback and queries from Councillor McIlveen, Mr Worthington confirmed that the three developers involved were Fraser Homes, W J Law and McAlorum Developments. Following on Mr Worthington outlined that there was scope for W J Law to work with the other two developers for delivery of the zoned housing scheme and possible road access from the north side of the site.

For the benefit of Members, the Principal Professional and Technical Officer provided a further overview of the map showing lands owned by Fraser Homes at Ballyreagh, Newtownards.

The Chairman (Alderman Gibson) invited Mr D Law of W J Law (Lisburn) to speak for 5 minutes in support of the application. Mr Law detailed various developments in the Ards and North Down area which W J Law had been involved in over the past 50 years. Mr Law outlined his attempts to gain planning permission for four buildings at the Ballyreagh Road site for the past 13 years, since 2002 in an attempt to fulfil the needs of family homes for customers, which could also contribute to rates income and provision of jobs. Mr Law provided clarification that the proposals included a community building with associated community gardens incorporating existing open space and a retirement cottage for respite care. Mr Law indicated support from local 3

P.C. 05.05.15

MLA’s, MPs and local residents in the Bowtown Estate. Mr Law advised that this was a bona fide application drafted in collaboration as part of the wider housing scheme and attempts had been made at every stage to reach compliance with planning policy. Mr Law referred to the two reasons for refusal expressing that the proposals were compliant in some areas and the application before Members was for the benefit of the local community.

In response to enquiries from Councillor McIlveen, Mr Law outlined that the distributor road for the zoned housing area would be very expensive to deliver making those homes approximately £50,000 more expensive than their current worth of £120,000 per housing unit. Mr Law took this opportunity to put on record that W J Law would be prepared to make a contribution to the distributor road at any stage of delivery of the zoned housing. Councillor McIlveen indicated that he was not reassured about the commitment from W J Law for delivery of the distributor road and he made reference to the detailed Case Officer’s Report and additional information provided.

In response to queries from Alderman Girvan, Mr Law provided further clarification of the current proposal for a community building and gardens with a single storey retirement cottage for respite care. The Principal Professional and Technical Officer provided another overview of the maps and plans of the site indicating the location of land owned by W J Law. The Officer referred to non-compliance with clear planning policy and suggested that should be addressed in any further submission so that planning approval could be granted. Mr Law responded that there were a multitude of parties including Statutory bodies involved with different vested interests and W J Law aimed to go down this non-prejudice route in making a step towards reaching a cohesive solution for delivery of the zoned housing.

In response to queries from Alderman McDowell, Mr Law referred to the site maps and outlined that the approximate cost of the distributor road could be an extra £50,000 per dwelling with a yield of 350 – 400 homes on the 40 acre site. Alderman McDowell ascertained that the total cost would therefore be £20m. The Chairman (Alderman Gibson) acknowledged the significant costs associated with delivery of the distributor road and reminded Members to consider the current planning application on its own merits in conjunction with the Ards and North Down Plan (ADAP) 2015. In respect of an enquiry from Alderman Graham, Mr Law indicated that the cost of putting in the road would have a negative impact on the value of the houses.

In response to a query from Alderman Graham, the Principal Professional and Technical Officer advised that the current proposal was detrimental to the open space and the objections from residents of Ballyreagh Road and the Bowtown Estate were in relation to the proposed access road to the community facilities due to its potential of opening up an access point to the housing zone.

In respect of feedback from Councillor McIlveen, the Principal Professional and Technical Officer showed the security fencing around the boundary and reminded Members of the importance for provision of the distributor road, non-compliance with planning policy, previous planning history and consideration of the wider context of this scheme which was all included in the Case Officer’s report. In response to 4

P.C. 05.05.15 feedback from Councillor Fletcher, the Principal Professional and Technical Officer highlighted the importance of adhering to the Ards and North Down Plan (ADAP) 2015 in the retention of open space as detailed in the information previously provided to Members.

Proposed by Alderman Keery, seconded by Councillor Walker, that the recommendation to refuse the planning application be adopted.

RESOLVED on the proposal of Alderman Keery, seconded by Councillor Walker, with 8 voting For and 2 voting Against, 2 Abstaining and 3 Absent that the recommendation to refuse the planning application be adopted. The poll resulted as follows:

FOR 8 AGAINST 2 ABSTAINED 2 ABSENT 3 Aldermen Councillors Aldermen Alderman Carson Fletcher Gibson Irvine Keery McIlveen Graham McDowell Smith

Councillors Councillors Dunne Barry Girvan McClean Thompson Walker

4.2 Application No. W/2014/0377/F – 1 Gransha Road, Bangor – Extension and alteration of existing retail building to provide 1 hot food takeaway and retention of 1 No retail unit with onsite parking

PREVIOUSLY CIRCULATED:- Copy overview of application, location maps of the site and copy drawings of existing and proposed elevations. (Appendix II)

The Principal Professional and Technical Officer provided a powerpoint presentation that included a detailed summary of the application along with maps and drawings of the existing site and proposed plans:

 DEA: Bangor Central.  Committee Interest: More than 6 objections.  Proposal: Extension and alteration of existing retail building to provide 1 hot food takeaway and retention of 1 no retail unit with on site parking.  Site Location: 1 Gransha Road, Bangor.  Recommendation: Grant Planning Permission.  11 Planning Conditions: dealing with road access requirements, opening hours, details of extraction ventilation system, landscape requirements and details of litter collection.

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The Principal Professional and Technical Officer outlined that the site was located on an arterial road at the corner junction of Gransha and Fairfield Roads. The currently vacant premises had a history of retail use and a previous application for two hot food bars including a retail unit had been recommended for refusal. Following on the Officer detailed that this amended proposal had been reduced to one hot food bar with retention of retail use, and there was adequate rear car parking and access to the rear of the building. The application was in keeping with the style of the existing retail unit and boundary walls, which lessened the effect on nearby local residents. Also back up information had been submitted detailing that there was no other provision of hot food take-a-ways in the immediate neighbourhood.

Taking all of the above into account, the Principal Professional and Technical Officer respectfully recommended approval of this planning application to the Planning Committee.

In respect of enquiries from Alderman Girvan, the Principal Professional and Technical Officer responded that the application was specifically for a hot food carry out along with standard waiting area. The Officer summarised how the objections detailed within the six submitted letters would be addressed as far as possible by implementation of the eleven planning conditions. Alderman Graham indicated his concerns with odour problems for residents in the surrounding area. The Principal Professional and Technical Officer responded that the planning conditions dealt with odour problems and collection of litter. Alderman Keery advised that he lived in close proximity to Gransha Road and that he concurred with Alderman Graham regarding odour problems generally related to hot food establishments. Alderman Keery referred to the possibility of young people congregating at the retail unit which had been a problem in the past, and he indicated that he felt morally obliged to vote against the recommendation for approval, due to possible disturbance by youths for elderly people living in apartments on the Gransha Road in this now relatively peaceful area. The Principal Professional and Technical Officer responded that the planning conditions also dealt with limited specification of opening hours (7:00am to 11:00pm) and deliveries (9:00am to 9:00pm) and she reiterated that the Gransha Road was already a busy arterial route to Bangor ring road. Alderman Keery added that the wall at the rear of the retail unit overlooked on to a single side street of houses.

In response to a query from Alderman Carson, the Principal Professional and Technical Officer confirmed that a total of six objections had been submitted which was the reason that this application had been brought before the Planning Committee. Alderman Carson indicated his support for the application including the eleven planning conditions, as there were no planning policy reasons to refuse the current proposals that had already been reduced to one hot food bar.

In respect of feedback and queries from Alderman Smith, the Principal Professional and Technical Officer indicated that hot food bars were generally open until 1:00am and that odour problems in other areas of Bangor were mainly due to more than one hot food bar being located in close proximity. The Officer advised that there was adequate car parking at the site which had been a previous coal yard and there was sufficient provision for drop-off deliveries. The Officer provided assurance that a further planning application for change of use would be required if there was any 6

P.C. 05.05.15 suggested amendments to the current application at a future date. The Chairman (Alderman Gibson) indicated his satisfaction with accepting the Planning Officer’s recommendation for approval.

Alderman Graham reiterated that his only concern was potential odour problems for nearby residents and he suggested putting forward an amendment to assist in dealing with that complex issue.

Proposed by Councillor Walker, seconded by Councillor Fletcher, that the recommendation to approve the application be adopted.

RESOLVED on the proposal of Councillor Walker, seconded by Councillor Fletcher, with 7 voting For and 3 voting Against, 2 Abstaining and 3 Absent that the recommendation to grant approval of the planning application be adopted. The poll resulted as follows:

FOR 7 AGAINST 3 ABSTAINED 2 ABSENT 3 Aldermen Aldermen Aldermen Alderman Carson Graham Gibson Irvine McDowell Keery Girvan Smith

Councillors Councillors Dunne Barry Fletcher McClean McIlveen Thompson Walker

4.3 Application No. W/2014/0545/F – 29 Station Road, Craigavad – Extensions and alterations to existing dwelling and garage

PREVIOUSLY CIRCULATED:- Copy overview of application, location maps of the site and copy drawings including existing and proposed elevations. (Appendix III)

(Councillor Dunne declared an interest in the above Planning Application and left the meeting at this stage – 8.25pm)

The Principal Professional and Technical Officer guided Members through a powerpoint presentation which included a detailed summary of the application and location maps with accompanying drawings of the existing site and proposed plans:

 DEA: Holywood and Clandeboye.  Committee Interest: Call-in by Planning Committee Member.  Proposal: Extension and alterations to existing dwelling and garage.  Site Location: 29 Station Road, Craigavad.  Recommendation: Grant Planning Permission.

P.C. 05.05.15

The Principal Professional and Technical Officer advised that the site was located in a residential area within the development limit of Holywood as detailed in the Belfast Metropolitan Area Plan (BMAP) 2015. The Officer outlined the two objections; one from 27 Station Road, Craigavad which had current planning permission for a replacement dwelling; and the other letter from 3 The Lane, Holywood. The Officer explained that the proposal was in keeping with the characteristics of different house types on various plot sizes in the area and she referred Members to the details of the Case Officer’s Report.

Taking all of the above into account, the Principal Professional and Technical Officer respectfully recommended approval of this application to the Planning Committee.

The Chairman (Alderman Gibson) invited Mr D Donaldson of Donaldson Planning to speak for 5 minutes in objection to the application. Mr Donaldson detailed his concerns regarding the proposed intensification and massing, which in his opinion was in excess of what was in keeping with other dwellings in the area, resulting in potential overlooking on to 27 Station Road and possible detrimental impact on traffic flow and visible approach at the end of the narrow roadway.

Mr Donaldson expressed his views that the proposal failed to meet Planning Policy Statement as detailed in the Case Officer’s report in relation to:

PPS1 - General Principles PPS6 Addendum - Areas of Townscape Character PPS7 Addendum - Residential extension and alterations

In response to an enquiry from Alderman McDowell, Mr Donaldson confirmed that he was speaking on behalf of the residential property located at 27 Station Road, Craigavad and he reiterated that the proposals for No 29 could result in overlooking on to No 27 due to the increase in height from the current 1½ storeys, which could also result in bulk and massing in the area. In response to queries from Councillor Walker, Mr Donaldson advised that the current ridge height was approximately 6½ to 7 metres as opposed to the increased elevation for up to 3 storeys high reaching up to 9 metres in height.

The Principal Professional and Technical Officer clarified that the proposals met Planning Policy Statement including PPS7 and in planning terms the extension reached 2½ storeys with an elevation of 9 metres in height. The Officer explained that the increase in height of 2 metres required to be taken in context with the different elevations of other buildings in the surrounding area. In response to an enquiry from Alderman Carson, the Officer reiterated that the extension reached 2½ storeys including the roofspace. The Officer pointed out that three levels of accommodation was acceptable within the proposed dwelling.

In respect of a query from Alderman Smith, the Principal Professional and Technical Officer advised that as specified within BMAP 2015, the application site was located within a residential area within the development limit of Holywood. The Officer reiterated that there was a mix of larger plot sizes in this sub-urban area.

P.C. 05.05.15

In response to queries from Councillor Fletcher, the Principal Professional and Technical Officer reiterated that the proposed elevation was 9 metres at its highest point, which was not excessive and the scale of increased massing was acceptable within the overall proposal. In respect of a query from Alderman McDowell, the Officer confirmed that the property was not a listed building.

Alderman Graham welcomed the useful drawings, however, he indicated that he was unable to support the proposals due to the planned increase in elevation and potential massing. The Chairman (Alderman Gibson) welcomed the opportunity for Members to give the application full consideration and sought a proposal.

RESOLVED on the proposal of Alderman McDowell, seconded by Councillor Thompson, with 6 voting For and 2 voting Against, 3 Abstaining and 4 Absent that the recommendation to grant approval for the planning application be adopted. The poll resulted as follows:

FOR 6 AGAINST 2 ABSTAINED 3 ABSENT 4 Aldermen Alderman Aldermen Alderman Carson Graham Gibson Irvine Girvan Keery McDowell Smith

Councillors Councillor Councillors McIlveen Fletcher Barry Thompson Dunne Walker McClean

(Councillor Dunne re-entered the meeting at this stage – 8.50 pm)

4.4 Application No. W/2015/0007/F – Lands between 12 and 35 Queen’s Parade, Bangor – Variation of condition 1 of W/2012/0423/F to extend temporary permission by a further 2 years

PREVIOUSLY CIRCULATED:- Copy overview of application and location maps of the site. (Appendix IV)

The Principal Professional and Technical Officer provided a powerpoint presentation that included a detailed summary of the application, accompanying maps and drawings of the existing site and proposed plans:

 DEA: Bangor Central.  Committee Interest: Council Application.  Proposal: Variation of Condition 1 of W/2012/0423/F to extend temporary permission by a further two years.  Site Location: Lands between 12 and 25 Queen’s Parade, Bangor.  Recommendation: Grant Planning Permission.

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The Principal Professional and Technical Officer provided an overview that this application sought approval for an extension of the Art Pods (Council’s Project 24) to remain on site for a further two years at Queen’s Parade, Bangor.

Proposed by Alderman Smith, seconded by Alderman McDowell, that the recommendation to grant approval of planning permission for the above application be adopted.

In respect of a query from Alderman Keery, the Director of Regeneration, Development and Planning undertook to ensure that necessary safeguards were in place for offering the two year extension. The Chief Executive provided clarification that extension of licences would be granted to interested artists as opposed to contractual arrangements with regards to occupation of the Art Pods.

RESOLVED on the proposal of Alderman Smith, seconded by Alderman McDowell, with 12 voting For and nil Against, that the recommendation to approve the planning application be adopted.

5. TRANSITIONARY ARRANGEMENTS FOR PLANNING APPEALS

PREVIOUSLY CIRCULATED:- Copy Transitionary Arrangements for Planning Appeals (Appendix V).

The Principal Professional and Technical Officer explained that full background information for the following applications had been circulated to order to notify Members of arrangements for current Planning appeals due to be held in the next few months:

1. W/2013/0002/F Planning appeal by Holdarragh Developments – Refusal of Planning permission for proposed 6no. 2 bedroom apartments (submission of amended plans and drainage assessment) Land to North of 24-36 Bangor Road, Holywood. This appeal was scheduled to be brought before the PAC as an informal hearing on 22 May 2015.

2. W/2014/0402/F Planning appeal by Mr J Ritchie – Proposed installation of a wind turbine/hub height 18.3m, blade tip height up to 24.8m on a lattice tower-type mast 307m South of 60 Ballymoney Road, Holywood. This appeal was scheduled to be brought before the PAC as an informal hearing on 18 June 2015.

3. W/2014/0205/F Planning appeal by Mr & Mrs I Patton – Proposed replacement dwelling and garage, 69 Moss Road, Ballygowan. The PAC had not yet programmed this appeal.

In respect of an enquiry from Alderman McDowell, the Principal Professional and Technical Officer confirmed that at this stage there were no associated costs attached, however, costs would be applicable if the Planning appeals proceeded to the next stage of Judicial Review.

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The Chief Executive provided clarification that the current appeal determinations had all been made by the DOE prior to 31 March 2015, and that the Council was responsible for Planning appeals from 1 April 2015.

NOTED.

6. LIVE PLANNING APPLICATIONS IN SYSTEM AT 28 APRIL 2015

PREVIOUSLY CIRCULATED:- Copy details of Live Planning Applications in system at 28 April 2015. (Appendix VI)

The Principal Professional and Technical Officer advised that details of the various stages for a total of 606 Live Planning Applications had been circulated for Members information.

Councillor Fletcher expressed his opinion that this was an appalling legacy for the Council to deal with, especially as over 200 planning applications had taken more than six months to process. Councillor Fletcher suggested that a 50% overall rate should be achieved in order to assist the local economy and that the Planning Committee could deal with greater numbers of planning applications on a monthly basis. The Principal Professional and Technical Officer responded that the onus was also on agents who delayed some applications in conducting necessary surveys and that it was unfair to criticise Planning Officers who were required to give due consideration to planning proposals. Councillor Fletcher commented that the system for dealing with planning applications should be refined in order to provide the best possible service and that the Chair and Vice-Chair of the Planning Committee should take this matter on board.

In response to an enquiry from Alderman Keery, the Chairman (Alderman Gibson) indicated his belief in the Planning Officers doing their utmost to process the live planning applications in a timely manner. Councillor McIlveen referred to the best possible use of resources and concurred that it would be too onerous a task to provide a detailed background of each application. Councillor McIlveen remarked that Members should not jump to conclusions and that he wished to disassociate himself from Councillor Fletcher’s comments. Councillor McIlveen highlighted the importance of correct interpretation of the figures as Members were also emailed lists of streamlined planning applications that continued to be dealt with on a weekly basis, which Members had the opportunity to call in within 48 hours. Alderman McDowell concurred that significant streamlined planning applications were dealt with on a weekly and monthly basis, and that he also wished to disassociate himself from Councillor Fletcher’s comments. Councillor Fletcher responded that his concern was regarding the number of planning applications outstanding for more than six months indicating that he had been experiencing recent ICT problems in relation to receipt of emails.

NOTED.

RESOLVED that the above information be noted.

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7. LIVE ENFORCEMENT NOTICES

PREVIOUSLY CIRCULATED:- Copy details of Live Enforcement Notices (Appendix VII).

RESOLVED on the proposal of Alderman Graham, seconded by Alderman Carson, that the above information be noted.

8. PROTOCOL FOR THE OPERATION OF ARDS AND NORTH DOWN BOROUGH COUNCIL PLANNING COMMITTEE

PREVIOUSLY CIRCULATED:- Copy Draft Protocol dated April 2015 (Appendix VIII).

The Principal Professional and Technical Officer explained that the initial protocol previously presented to Members at their recent training session had been updated accordingly, and that Members should submit any further suggested amendments to the above draft Protocol to herself, which would be held on file for review by the Area Planning Manager on her return to work.

NOTED.

RESOLVED on the proposal of Alderman Keery, seconded by Councillor Thompson, that the draft Protocol be noted and that Members should submit any further suggested amendments for the attention of the Principal Professional and Technical Officer, which would be dealt with by the Area Planning Manager on her return to work.

9. ANY OTHER BUSINESS

(a) The Area Planning Manager

The Chairman (Alderman Gibson) updated Members that the Area Planning Manager was home from hospital following recent surgery and he sought approval to send best wishes for recovery from illness to Ann McCullough on behalf of the Planning Committee.

AGREED.

The Chairman (Alderman Gibson) acknowledged that the initial meetings of the Planning Committee were a learning curve in terms of applying planning rules and policies, stating his appreciation to Members and Council Officers for working alongside Planning Officers in conducting the business of the meeting.

NOTED.

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(b) Northern Ireland Planning Portal and New Telephone System for Ards and North Down Borough Council Planning Section

In respect of feedback and queries from Alderman McDowell, the Principal Professional and Technical Officer explained that recent technical problems with accessing the planning portal had been a regional matter across Northern Ireland. Responsible Officers were seeking to rectify those problems and in the meantime, Members could directly contact Planning Officers for any further information on planning applications.

NOTED.

In response to a query from Alderman Carson, the Director of Regeneration, Development and Planning assured Members that extra telephone lines were due to be installed at 2 Church Street, Newtownards, following which additional contact details for Planning Officers would be made available.

NOTED.

The Director also took this opportunity to especially thank the Principal Professional and Technical Officer for attending the meeting in the absence of the Area Planning Manager.

NOTED.

10.TERMINATION OF MEETING

The meeting terminated at 9.10 pm.

ITEM 7.2

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Environment Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 6 May 2015 at 7.00pm.

PRESENT:-

In the Chair: Councillor Boyle

Aldermen: Henry

Councillors: Armstrong Fletcher Armstrong-Cotter (7.26pm) Muir Cathcart Roberts Cummings Smart Edmund Wilson Ferguson

Officers: Director of Environment (David Lindsay), Director of Environmental Services (John Rea), Head of Amenities and Technical Services (Tommy Taylor), Borough Inspector (David Brown), Borough Inspector (Richard Brittain) and Acting Senior Committee Administrator

WELCOME

The Chairman welcomed members to the Committee meeting and introduced those Council officers present including the recently appointed Director of Environment, Mr David Lindsay.

1. APOLOGIES

Councillors Barry, Leslie and Martin.

Councillor Armstrong-Cotter for lateness.

2. DECLARATIONS OF INTEREST

The Chairman asked Members to advise of any declarations of interest.

No declarations were made.

NOTED.

E.C. 06.05.15

3. DEPUTATION

3.1. APPLICANT: APPLICATION FOR OUTDOOR ENTERTAINMENT LICENCE AT GOATS TOE, BINGHAM MALL, 53 MAIN STREET, BANGOR (Appendix I)

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Environment stating that an application had been received from Mr Nigel McNeilly for a licence to provide music in the first floor open air beer garden of the Goat’s Toe, 2 Bingham Mall, Bangor BT20 5BQ.

In support of the application Mr McNeilly had requested to make representation to this Committee.

It should be noted that Mr McNeilly made a representation to North Down Borough Council in support of this application. The Environment Committee agreed, in April, to offer him the opportunity to address the new Council as the application had not yet been determined.

Background

Those premises were currently licensed for the provision of entertainment within the existing premises.

The application had been amended to provide entertainment, namely music, in the open air beer garden, Thursday, Friday and Saturday nights between the hours of 7pm and 11pm.

The beer garden was currently licensed for the sale of alcohol under the Licensing (NI) Order 1996 and this licence permitted the serving of alcohol up to 1am Monday to Friday and to midnight on a Sunday.

Whilst the entertainment licence proposed to restrict the hours of entertainment Council should be aware that the permitted liquor licensing hours took precedence over the hours granted for entertainment hence even if the Council granted the licence with reduced hours. The owners of the premises would not be committing an offence under the entertainment licence legislation if the music carried on after those hours permitted by the Council, but within the liquor licensing hours. Council could consider entering an agreement with the licensee regarding hours of use, types of music to be provided etc.

No objections had been received from local residents to the application.

Police had been consulted and had commented that they would have concerns regarding noise disturbance to local residents and the likely increased level of complaints to the PSNI (copy attached – appendix 1).

An officer from Environmental Health Protection and Development (EHPD) had carried out a number of noise surveys in the area surrounding the premises in conjunction with the applicants Noise Consultant. The officer and EHPD Head of 2

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Service were now of the opinion that local residents should not be unreasonably disturbed by music from these premises provided that they put in place a number of controls namely (a full copy of their report was attached; appendix 2):

1. Limiting performers to acoustic style acts 2. Limiting performing hours to prohibit entertainment noise from the premises from 11pm to 11am. 3. Carrying out audibility checks in the rear car park – at the boundary with the overlooking properties the noise should be hard to distinguish from the surrounding background. Clearly audible singing was likely to produce noise complaints 4. Using a cheap sound level meter or iphone app to set the performers amp level below 85dBA at a distance of 1 metre in front of the amp when performing. 5. Directing the amp into the crowd away from the car park and houses

RECOMMENDED that the Council hears the deputation and agrees that a further report be brought before determining the application.

At this stage the Chairman (Councillor Boyle) welcomed Mr Nigel McNeilly, Operations Manager and Mr Graham Hamilton, Manager of the Goats Toe, Bangor to the meeting. He advised them they had ten minutes to make their presentation following which members would be invited to raise any questions they had.

Mr McNeilly thanked members for the opportunity to make his presentation to them. He stated that he was the Operations Manager for the Goats Toe and the Hop House both in Bangor and the Frisky Bear in Holywood. He also introduced Mr Graham Hamilton, Manager of the Goats Toe.

Mr McNeilly commented on the growing trend for local clientele to frequent Belfast for the cost of a short taxi journey and stated that it was his desire to retain those patrons in Bangor. He referred to the Goats Toe’s recent accolade as Pubs of Ulster Pub of the Year which acknowledged the cleanliness and comfort of the surroundings which were on offer. Continuing he also referred to the major refurbishment which had been undertaken at the premises with £50,000 invested in the exterior beer garden where it was hoped to provide a further music offering. Mr McNeilly advised members that acoustic tests had been carried out on their behalf by FR Marks Associates which had found such music to be unobtrusive. Efforts had been made to cause as little disruption to local residents as possible with patrons asked to leave the premises at a specified destination and taxi picks up also restricted to a specific area. Mr McNeilly then informed members of further expansion plans for the Hop House, Bangor at a cost of £100,000 all in an effort to compete with Belfast establishments and retain patrons in Bangor.

In summing up Mr McNeilly acknowledged the concerns of the Council and stated that he would be happy to abide by any licence regulations imposed upon him.

The Chairman (Councillor Boyle) thanked Mr McNeilly for his presentation and invited members to raise any queries they had.

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Councillor Cathcart congratulated Mr McNeilly on receiving the Pubs of Ulster Pub of the Year award, commenting that the facilities offered were indeed excellent. Continuing he stated that the key point made by Mr McNeilly was his flexibility in respect of any restrictions placed upon him.

Mr McNeilly commented that the Goats Toe was well recognised as a live music venue and live bands were very much its focus. He stated that it was hoped to be able to provide live musical entertainment in the beer garden up to 11.00pm following which further musical entertainment would commence downstairs inside the bar.

Councillor Fletcher referred to the unpredictable nature of Northern Ireland’s weather and asked what contingency plans would be in place for those rainy evenings.

Mr McNeilly stated that as part of smoking regulations a portion of the beer garden was undercover, however on those wetter evenings musical events would not proceed due to the potential lack of clientele. Continuing he noted that during the months of November, December and January, he had been surprised how many clientele had availed of the rooftop terrace.

Councillor Ferguson thanked Mr McNeilly for his presentation adding that she was quite familiar with the facilities offered by the Goats Toe. She agreed that it was important to retain local clientele and asked Mr McNeilly if he would be open to considering a licence offered for a shorter period of time with a review to be carried out at the end of that period.

In response Mr McNeilly indicated that he was willing to get started by whatever means possible and was content to consider the possibility of a review. He added that he was keen to work with the Council in respect of this matter.

Alderman Henry acknowledged the good facilities offered at the Goats Toe and asked if any consultation had been undertaken to date with the residents of Bingham Street or the neighbouring Trinity Presbyterian Church.

Mr McNeilly confirmed that consultation had initially been carried out at the time the licence had been applied for with the residents of Bingham Street. However, he stated that while no consultation had been undertaken to date with Trinity Presbyterian Church, he would be sensitive to their festivals or events and would be happy to liaise with them on such matters.

As there were no further questions, the Chairman (Councillor Boyle) thanked Mr McNeilly and Mr Hamilton for attending the meeting and wished them well for the future.

(Mr McNeilly and Mr Hamilton left the meeting at this stage – 7.15pm)

The Chairman (Councillor Boyle) referred members to the report circulated and sought a proposer and seconder for it.

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AGREED TO RECOMMEND, on the proposal of Councillor Fletcher, seconded by Councillor Armstrong, that the report and recommendation be adopted.

4. BUILDING CONTROL ACTIVITIES 1-17 APRIL 2015

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Environment stating that the report provided information on the principal activities of the Building Control Section in relation to the enforcement of the Building Regulations.

(a) Number of Applications Received – (1-17 April 2015)

Full Plans Applications

100 90 80 70 60 50 2015 40 30 20 10 0 APR MAY JUNE JULY AUG SEP OCT NOV DEC JAN FEB MAR

Full Plan Applications Received Building Notice Applications ...... 109 Regularisation Applications ...... 20

(b) Fee Income (1-17 April 2015)

70000

60000

50000

40000

30000

20000

10000

0 APR MAY JUNE JULY AUG SEPT OCT NOV DEC JAN FEB MAR Fee Income Received

Total monthly fees received ...... £29,491.00 5

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Cumulative monthly income to date ...... £29,491.00 Forecast Income to date …………………. £30,000.00

Full Plans Approvals issued 40 Full Plans Rejections Notices issued 40 Building Notices certificates issued 78 Regularisation Certificates issued 20

(d) Inspections

Total Inspections 616

(e) Dangerous Structures

Initial Inspections ...... 1 ..... Re-inspections ………………………………… 0 Recommended for Legal Action ...... 0 ......

(f) Property Certificates

Received 120 Processed 74 Building Control Average Response Time 0.1 Days

Monthly fee income £7,200.00 Monthly Fee forecast £6,875.00

RECOMMENDED that the report be noted.

The Director of Environmental Services commented that the report circulated had been produced in the style adopted by the former Ards Borough Council and indicated that discussions had yet to take place between the Chief Executive, Directors and elected members to agree on a new reporting style for the future going forward. He added that it would be important to ensure that any future reports remained focused.

Councillor Fletcher noted that the monthly fee income was over and above the estimated fee income and welcomed that, adding that it was good news for the economy.

AGREED TO RECOMMEND, on the proposal of Councillor Armstrong, seconded by Councillor Fletcher, that the report and recommendation be adopted.

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5. STREET NAMING – NEWTOWNARDS

PREVIOUSLY CIRCULATED:- Report dated 2 April 2015 from the Director of Environment stating that a small development comprising of 18 dwellings was currently under construction on lands at Crawfordsburn Way, Newtownards.

The developer had proposed the name Crawfordsburn Meadows to reflect that the development was accessed off the existing development called Crawfordsburn Way.

The proposed name was in accordance with the Council policy on street naming and postal numbering, was in keeping with the general neighbourhood

RECOMMENDED that the new street be named Crawdfordsburn Meadows.

AGREED TO RECOMMEND, on the proposal of Councillor Fletcher, seconded by Councillor Ferguson, that the report and recommendation be adopted.

6. RESULT OF COURT PROCEEDINGS

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Environment stating that at Newtownards Magistrates Court on 13 April 2015, Mr Paul Arthurs, licensee of Finnegan’s Bar, 1 Cooks Brae Kircubbin was convicted of failing to adequately train and ensure the safety of his staff contrary to the Fire and Rescue Services (NI) Order 2006.

The conviction arose following a during performance inspection carried out by the Deputy Borough Inspector who observed a means of escape from the premises padlocked closed while entertainment was taking place.

Mr Arthurs was fined £150 for each of the two offences and ordered to pay £219 costs plus £15 offender levy.

As previously agreed by Ards Borough Council the manager in charge of the premises at the time of the offence was offered and accepted a formal caution.

RECOMMENDED that the report be noted.

Councillor Cummings noted that the costs appeared to be minimal and sought clarification on the total costs involved.

The Borough Inspector (Richard Brittain) confirmed that the final invoice had yet to be received in respect of those costs however he indicated that it was normal practice to seek full cost recovery in such cases.

Councillor Armstrong asked if part of the new Council’s regime would include reminders to the owners of such establishments of their responsibilities.

In response the Borough Inspector (Richard Brittain) confirmed that regular inspections of such establishments were undertaken both during the day and at night

E.C. 06.05.15 during performance. He added that risk assessments and management plans were also requirements for such establishments.

Councillor Armstrong asked if such pro-activity by the Council was ever reported and highlighted by the local press.

The Borough Inspector (Richard Brittain) indicated that cases were reported on by Court Reporters and that was something he was keen to support as it showed the Council to be pro-active in such matters.

Councillor Roberts asked if members could be provided with a report detailing the inspection regime for the year ahead, adding that it would provide them with a good indication of how such matters were being enforced.

The Borough Inspector (Richard Brittain) confirmed he would be happy to provide such a report adding that those inspections would be backed up with Risk Assessments.

AGREED TO RECOMMEND, on the proposal of Councillor Edmund, seconded by Councillor Smart, that the report and recommendation be adopted.

7. ENFORCEMENT GUIDELINES FOR OFFICERS – WELFARE OF ANIMALS (NI) ACT 2011 (Appendix II)

PREVIOUSLY CIRCULATED:- Report dated 3 April 2015 from the Director of Environment stating that at the meeting of the Strategic Services Committee held on 12 January 2015 consideration was given to the Council’s Enforcement Policy for its regulatory functions. The policy was subsequently adopted and provided officers with general guidance on choosing the most appropriate enforcement action ensuring fairness and proportionality. The policy document included a number of appendices for specific council functions including Consumer Protection, Environmental Protection and Building Control.

The Animal Welfare function was delivered by Councils on a regional basis enabling resources, particularly Animal Welfare Officers, to be shared helping ensure that services were delivered effectively. The need to share resources and ensure consistency of approach had necessitated the production of regional guidance to staff on their approach to enforcement of the animal welfare legislation, see appendix one. The guidelines were in keeping with the Council’s general Enforcement Policy and ensured that due regard was given to the Public Interest Considerations as detailed in the extract for Crown Prosecutors NI 2008.

RECOMMENDED that the Enforcement Guidelines for Officers as detailed in the appendix are adopted by the Council and added to the Council’s existing Enforcement policy.

AGREED TO RECOMMEND, on the proposal of Councillor Cummings, seconded by Alderman Henry, that the report and recommendation be adopted.

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8. GRANT OF ENTERTAINMENT LICENCE

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Environment stating that applications had been received for the grant of entertainment licence as detailed below:

1. Guillemot Café, 2 Seacliff Road, Bangor

Applicant: Ashley Armstrong, 11 Brunswick Road, Bangor

The application was to provide dancing, singing, music or any other like entertainment Monday to Sunday between the hours of 6pm and 9pm.

There were no objections from the PSNI or Local Residents to the application.

Environmental Services expressed some concerns regarding noise from the premises. After inspection they were satisfied that the music would end at an early hour and the premises only held 40 persons there was unlikely to be any nuisance.

It was recommended that the licence be granted.

2. Legends Snooker and Pool Club, 18 Balloo Drive, Bangor

Applicant: Andrew James Giltrap, 40 Meadowvale Drive, Bangor

The application was to provide equipment for playing snooker or similar games. Those premises were on the first floor within the commercial industrial estate. There had been no objections lodged by the Northern Ireland Fire Service, PSNI or local residents.

It was recommended that the licence be granted.

RECOMMENDED that the Council grants the licences in accordance with its standard licencing terms and conditions.

AGREED TO RECOMMEND, on the proposal of Councillor Fletcher, seconded by Councillor Cathcart, that the report and recommendation be adopted.

9. GRANT OF ENTERTAINMENT LICENCE FOR A MARQUEE – DELEGATED POWERS GRANTED AT COUNCIL MEETING 29 APRIL 2015

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Environment stating that an application had been received for the grant of entertainment licence for a marquee to be erected at Holywood Rugby Club, Kerr’s Park, Bangor Road, Holywood.

This was to be part of the Holywood Jazz Festival and would be used from the 29 to the 31 May 2015, between the hours of:- 9

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7.00 pm to 10.45 pm Friday and Saturday 2.00 pm to 17.30 pm Sunday

There were no objections from the PSNI or local residents to the application.

The applicant had provided an event plan and the NIFRS, PSNI and Council Officers had met on site to consider the proposal.

There may be some disturbance to local residents from the music from the venue, but it was considered that it was reasonable to grant a licence for the three day event due to the nature of the entertainment and the restricted hours of use for example 10.45 pm on the Friday and Saturday and 17.30 pm on Sunday.

RECOMMENDED that the Council grants the licence, pending a final site inspection by Council Officers, Northern Ireland Fire & Rescue Service, PSNI and compliance with the event safety plan.

AGREED TO RECOMMEND, on the proposal of Councillor Ferguson, seconded by Councillor Roberts, that the report and recommendation be adopted.

10. ADVERTISING HOARDINGS IN OFF STREET CAR PARKS

PREVIOUSLY CIRCULATED:- Report dated 24 April 2015 from the Director of Environment stating that as members would be aware forty three off street car parks transferred to the Council on 1 April 2015.

As noted within the above order three of the car parks as detailed below were permitted to display advertising hoardings. Transport NI subsequently entered into a licence agreement with Clear Channel Ireland which subsequently installed the hoardings and maintained them.

The existing licences generated an income of £5,900 per annum. As noted below those licences would however expire in 2015 with the first due to expire on 31 May 2015.

Car Park Location Licence Fee Generated Licence Expiry date

Mills Road Bangor £1,100 per annum 31/8/2015

£1,100 per annum 30/9/2015 Old Cross West Street, £2,300 per annum 31/5/2015 Newtownards South Street/Court Street £1,400 per annum 31/5/2015 Newtownards

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RECOMMENDED that the Council procures new licence agreements for the advertising space running for a further three years from the date of expiry of the existing licences. It was further recommended that the Council seeks a valuation of the licence agreements from Land and Property Services and uses this as the basis on which the agreements are reached.

Councillor Roberts asked if there would ever be a situation whereby an advertisement may not be in keeping with the Council’s values.

In response the Borough Inspector (Richard Brittain) confirmed that while licence agreements would be in place he would need to investigate those further to establish if restrictions could be put into place.

Councillor Cathcart noted the considerable income to be gained by the Council from the advertising hoardings and asked if there was potential to display them in any of the other off street car parks.

The Borough Inspector (Richard Brittain) confirmed the potential for that was there, however he was aware Clear Channel Ireland had little interest in rural car parks and instead would be keener to have a presence in those town centre car parks.

AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Councillor Armstrong, that the report and recommendation be adopted.

11. CONSULTATION DOCUMENTS

11.1. CONSULTATION ON AMENDING THE FINANCIAL PROVISION FOR WASTE MANAGEMENT ACTIVITIES IN NORTHERN IRELAND (Appendix III)

Consultation on Amending the Financial Provision for Waste Management Activities in Northern Ireland (Copy letter dated 27 March from the DOE attached) Consultation Document from Department of the Environment – Comments to be submitted no later than 19 June 2015. Document available at www.doeni.gov.uk/niea-waste-home-waste-publications.htm

The Director of Environmental Services advised members that ARC21 would form an opinion on this consultation on behalf of Councils and those comments would be reported back to the Committee in due course.

Councillor Cathcart referred to an ongoing issue at Waste Disposal sites concerning the amount of bureaucracy involved particularly for those small businesses such as gardeners. He stated that gardeners would be at various jobs throughout the day and as such would bring waste to the Waste Disposal site from a variety of locations and the level of bureaucracy was making that extremely difficult. He asked if this matter could be investigated further in order to ease the burden on those small businesses.

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In response the Director of Environmental Services informed members that the Council was required to comply with regulations put in place by the Northern Ireland Environment Agency (NIEA) in order to ensure there was compliance. However he indicated that the Council would approach the NIEA to see if there could be any relaxation of those requirements without jeopardising its licence.

Councillor Cathcart expressed his appreciation for the work which had been carried out to date in respect of this matter and asked for a follow up report on the situation. He added that while he condemned the abuse of Council staff at its Waste Transfer sites, the Council needed to be seen to be proactive in such matters.

The Director of Environment commented that it was a good point which had been well made and confirmed that it was his intention to lobby the NIEA and report back to the Committee in due course.

Councillor Ferguson reported that a constituent had contacted her after being asked to fill in additional forms at the Waste Transfer site even though they had previously done so and made several visits to the site since then with no requirement to fill forms in. The constituent indicated that they had questioned the staff member about the matter and they had subsequently sent the police to their house. Councillor Ferguson stated that business people were getting frustrated with the situation and therefore something needed to be done.

The Director of Environment commented that Council officers were trying to ease the situation and while Season Tickets had previously helped alleviate the situation, the Council had been advised those could no longer be issued. He indicated that efforts had been made to reinstate those season tickets however currently the situation was that a Waste Transfer ticket was required for each visit to the Waste Transfer site. Continuing the Director indicated that he would continue to pursue the matter and report back to the Committee in due course.

AGREED TO RECOMMEND, on the proposal of Councillor Cummings, seconded by Councillor Edmund, that the Consultation Document be noted.

11.2. EXCLUSION OF PUBLIC AND PRESS

AGREED on the proposal of Councillor Armstrong-Cotter, seconded by Councillor Ferguson, that the undernoted Items be taken in the exclusion of the public and press.

12. MATTERS ARISING FROM COUNCIL MEETING DATED 29 APRIL 2015

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

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13. PROVIDING ENTERTAINMENT WITHOUT A LICENCE (Appendix IV)

*** NOT FOR PUBLICATION ***

Schedule 6 – Information relating to the financial or business affairs or any particular person of any particular person (including the Council holding that information).

13.1. RE-ADMITTANCE OF PUBLIC AND PRESS

AGREED on the proposal of Councillor Edmund, seconded by Councillor Ferguson, that the public and press be re-admitted to the meeting.

14. ANY OTHER BUSINESS

14.1. RETIREMENT OF DIRECTOR OF ENVIRONMENTAL SERVICES

The Chairman (Councillor Boyle) informed members that this meeting would be the last for the Director of Environmental Services due to his retirement. He took the opportunity to wish him well, adding that over the ten years he had served as an elected member he had found him to be an excellent Director who had his staff all well trained.

Following on from those comments, Councillor Fletcher wished the Director well for the future adding that no request had ever been declined and that he had been a great asset to the Council. He stated that he hoped the new Director of Environment would continue where John (Rea) had left off.

Councillor Cathcart also rose to make mention of the recent retirement of Graham Yarr and welcomed the new Director of Environment, Mr David Lindsay.

Councillor Armstrong-Cotter commented that she had great pleasure in working not only with John but under him also and wished him well for the future.

The Director of Environmental Services thanked members for their kind words commenting that he had served 43 years in Local Government. He added that he had also attended university with Graham Yarr and had known him for many years also. He took the opportunity to wish the new Director of Environment well in his new role and extended his best wishes to all those serving on the new Council.

NOTED.

CIRCULATED FOR INFORMATION a) Harbours Act (Northern Ireland) 1970 The Donaghadee Harbour (Transfer of Harbour Undertaking) Order (Northern Ireland) 2015 (S.R. No. 22): Made on 28 January 2015, and affirmed by resolution of the Assembly on 2 March 2015

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AGREED TO RECOMMEND, on the proposal of Councillor Edmund, seconded by Councillor Smart, that the correspondence be noted. b) Notice of Motion 700049-12 to outlaw the hunting of mammals with dogs - Correspondence from the Department of Agriculture and Rural Development.

Councillor Muir expressed disappointment with the response received from the Minister adding that he had expected her to be more pro-active in such matters. He added that it appeared to be the case that rather than dealing with the matter she was merely washing her hands of it.

Speaking in support of those comments, Councillor Roberts expressed his disappointment also and suggested that the Council needed to consider what further action could be taken.

AGREED TO RECOMMEND, on the proposal of Councillor Muir, seconded by Councillor Smart, that the correspondence be noted.

15. TERMINATION OF MEETING

The meeting terminated at 8.05pm.

ITEM 7.3

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Audit Committee was held in the Council Chamber, 2 Church Street, Newtownards on Monday, 11 May 2015 at 7.00pm.

PRESENT:-

In the Chair: Alderman Chambers

Councillors: Adair Gilmour Armstrong McIlveen Armstrong-Cotter Thompson Fletcher Walker

Officers: Chief Executive, Director of Finance and Performance and Democratic Services Officer

Also Present: Mr S Lindsay (Moore Stephens) Mr A Knox (NI Audit Office)

WELCOME

The Chairman (Alderman Chambers) officially welcomed everyone to the first Audit Committee meeting of Ards and North Down Borough Council.

1. APOLOGIES

Councillor Allen.

NOTED.

2. DECLARATIONS OF INTEREST

The Chairman (Alderman Chambers) asked Members to advise of any declarations of interest. No declarations were made.

The Director of Finance and Performance reminded Members to return their completed declaration of interest forms for the Ards and North Down Borough Council by 1 June 2015.

NOTED.

3. INTRODUCTIONS

Members were introduced to Mr A Knox, Local Government Auditor who was in attendance to present Item 8; External Audit Strategies later in the meeting.

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Also Mr S Lindsay (Moore Stephens) would assist in dealing with any queries throughout the meeting and he would conduct a training session on the Roles and Responsibilities of Members serving on the Audit Committee, scheduled to be held after the meeting.

NOTED.

4. FOLLOW-UP ACTIONS BROUGHT FORWARD FROM LEGACY COUNCILS (Appendix I, Annexes 1 and 2)

PREVIOUSLY CIRCULATED:- Follow-up Actions brought forward from legacy Councils with covering report dated 27 April 2015 from the Director of Finance and Performance stating that in line with best practice, the purpose of this report was to make the Audit Committee aware of the status of all outstanding actions from the legacy Councils.

Appendix I (Annexes 1 and 2) covered outstanding matters from the Audit Committee meetings of North Down Borough Council. Also included was the action sheet from Ards Borough Council’s final Audit Committee meeting. Members would be able to note that no further action was required against any of the decisions made.

RECOMMENDED that the Committee notes the contents of this report.

AGREED TO RECOMMEND, on the proposal of Councillor McIlveen, seconded by Councillor Thompson, that the recommendation be adopted.

5. DRAFT INTERNAL AUDIT CHARTER (Appendix II)

PREVIOUSLY CIRCULATED:- Draft Ards and North Down Borough Council Internal Audit Charter and accompanying report dated 27 April 2015 from the Director of Finance and Performance stating that the draft Internal Audit Charter had been drawn up to comply with the Public Sector Internal Audit Standards (PSIAS) which came into force on 1 April 2013 and was further informed by the Chartered Institute of Public Finance and Accountancy (CIPFA) Local Government Application Note (April 2013) published to assist in the implementation of the PSIAS.

The main areas covered by the report were:

 Definitions and Roles;  Responsibilities and Objectives of Internal Audit;  Scope of Internal Audit Activities;  Resourcing;  Responsibilities;  Plans;  Internal Audit Reports;  Access;  Independence of Internal Audit; and  Fraud, Bribery and Corruption. 2

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RECOMMENDED that the Committee approves the draft Internal Audit Charter.

AGREED TO RECOMMEND, on the proposal of Councillor Walker, seconded by Councillor Armstrong-Cotter, that the recommendation be adopted.

6. DRAFT INTERNAL AUDIT STRATEGY 2015 - 2019 (INCLUDING AUDIT NEEDS ASSESSMENT) (Appendix III, Annexes 1 and 2)

PREVIOUSLY CIRCULATED:- Draft Internal Audit Strategy 2015 - 2019 and Draft Audit Needs Assessment with covering report dated 27 April 2015 from the Director of Finance and Performance stating that the draft Ards and North Down Borough Council Internal Audit Strategy, included the draft Strategic Audit Plan 2015 - 2019. The approach was risk-based, identifying risk areas facing the Council and examining those on a rolling basis over a 4 year period. That document presented a comprehensive assessment of the workload within Internal Audit.

In preparing the Internal Audit Strategy, an audit needs assessment was carried out to identify and evaluate the key risks to the Council. That was shown separately for information purposes but would be included as an appendix of the final Internal Audit Strategy 2015 - 2019. The audit needs assessment comprised of two stages:

(i) Desk-top evaluation of the risks within each auditable area (considering risk factors such as level of financial commitment from the Council, previous risk ratings from legacy Council risk assessments, time since last audit, last assurance rating received and reputational risk). The results from that evaluation rated each auditable area as having a high, medium or low risk.

(ii) Internal Audit assessment of the results of the desk-top evaluation, reviewing each of the risk ratings and determining if those were reasonable based on previous experience of delivering internal audit to local Government and existing knowledge of the risks within Council. Some risk ratings were then amended to reflect that review.

The Strategic Audit Plan would be reviewed each year as it was expected that risk areas and risk assessments may be particularly changeable due to the bedding in of the new Council.

RECOMMENDED that the Committee adopts the draft Internal Audit Strategy 2015- 2019 and the draft Audit Needs Assessment.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Gilmour, that the recommendation be adopted.

7. DRAFT AUDIT COMMITTEE PROPOSED MEETING DATES AND WORK PLAN

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Finance and Performance stating that the table below provided the proposed meeting dates and work plan of the Audit Committee for the 2015/2016 financial 3

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Date of Committee Meeting Purpose of Meeting 11 May 2015 Introductory meeting of Committee / Training 22 June 2015 Approval of the Financial Statements 26 October 2015 Consideration of the Draft RTTCWG 14 December 2015 Consideration of the Annual Audit Letter(s) 14 March 2016 Consideration of the Audit Strategy for 2016

RECOMMENDED that the Committee adopts the proposed Audit Committee Meeting Dates and Work Plan.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Thompson, that the recommendation be adopted.

For the purposes of clarity, the Director of Finance and Performance advised that the business scheduled for 26 October 2015 was Consideration of the Draft Report to Those Charged with Governance (RTTCWG).

NOTED.

8. EXTERNAL AUDIT STRATEGIES (Appendix IV, Annexes 1 to 3)

PREVIOUSLY CIRCULATED:- Copy Audit Strategies for the Year Ended 31 March 2015 and accompanying report dated 27 April 2015 from the Director of Finance and Performance stating that the following External Audit Strategies would be presented by the Local Government Auditor:

 Ards Borough Council  Down Rural Area Partnership  Statutory Transition Committee  North Down Borough Council  Peace III  North Down and Ards District Shadow Council

RECOMMENDED that the Committee adopts the External Audit Strategies.

Mr A Knox (NI Audit Office) outlined the contents of the Audits of 2014 - 15 Financial Statements covering six different Statutory bodies which were all structured in the same format and included:

 Introduction  Our Audit Approach  Significant Risks  Audit timetable, staffing and fees  Annex 1: Scope of audit, respective responsibilities and other matters  Annex 2: NIAO quality standards and independence

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Mr Knox took Members through each of the three Audit Strategy reports highlighting significant points as summarised below.

Ards Borough Council Page 2, Item 1; Introduction - Points 1.2 and 1.3. Page 3, Item 2; Our Audit Approach – Point 2.10; the quantitative materiality threshold had been set as approximately 2% of expenditure. Page 5, Item 3; Significant Risks - Point 3.1; no significant risks of material misstatement had been identified. Point 3.4; Other Risk Factors included the Exploris Aquarium due to a risk that the project might overrun or funding being retracted. Local Government Reform was detailed as a risk in all three Strategies due to a risk that the reorganisation could impact upon the operation of internal controls and where applicable, that additional costs incurred as a consequence of reorganisation may not be properly or fully accounted for. Pages 6&7, Item 4; Audit timetable, staffing and fees – Point 4.2; Key target dates according to the DOE legislation for all the Strategies were 30 June 2015 - the Council to provide financial statements for audit; October 2015 - Financial Statements to be certified by the Local Government Auditor; November 2015 – Issue of Final Report and Annual Audit Letter. Point 4.3; Estimated audit fee for the Council’s Statement of Accounts was £29,000. Point 4.5; Details of four NIAO Staff involved in the audit.

Two additional Strategies had been included for submission within required timescales: Annex 3: Audit Strategy for Down Rural Area Partnership Joint Committee. Annex 4: Audit Strategy for the North Down and Ards Statutory Transition Committee.

North Down Borough Council Page 2, Item 2; Our Audit Approach – Point 2.10; the quantitative materiality threshold had been set as approximately 2% of expenditure. Page 4, Item 3; Significant Risks - Point 3.1; no significant risks of material misstatement had been identified, however, this assessment would be kept under review throughout the course of the audit. Point 3.4; Other Risk Factors included Local Government Reform which was detailed as a risk in all three Strategies due to a risk that the reorganisation could impact upon the operation of internal controls and where applicable, that additional costs incurred as a consequence of reorganisation may not be properly or fully accounted for. Procurement had also been detailed due to a risk that the rules and regulations governing how goods/services were complex and could be misinterpreted. Pages 5&7, Item 4; Audit timetable, staffing and fees - Point 4.3; Estimated audit fee for the Council’s Statement of Accounts was £29,000. Point 4.5; Details of five NIAO Staff involved in the audit.

One additional Strategy had been included for submission within required timescales: Annex 3: Audit Strategy for the North Down, Ards and Down Peace III Joint Committee.

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North Down and Ards District Shadow Council Page 2, Item 2; Our Audit Approach – Point 2.10; the quantitative materiality threshold had been set as approximately 2% of expenditure. Page 4, Item 3; Significant Risks - Point 3.1; no significant risks of material misstatement had been identified, however, this assessment would be kept under review throughout the course of the audit. Point 3.4; Other Risk Factors included Local Government Reform which was detailed as a risk in all three Strategies due to a risk that the reorganisation could impact upon the operation of internal controls and where applicable, that additional costs incurred as a consequence of reorganisation may not be properly or fully accounted for. Page 5, Item 4; Audit timetable, staffing and fees - Point 4.3; Estimated audit fee for the Council’s Statement of Accounts was £6,000. Point 4.5; Details of two NIAO Staff involved in the audit.

Proposed by Councillor Fletcher, seconded by Councillor Armstrong-Cotter, that the recommendation be adopted.

Members were provided with the opportunity to ask questions which were dealt with as below.

In respect of a query regarding current risks, the Director of Finance and Performance responded that these Audit Strategies related to the business of legacy Councils before 31 March 2015.

In response to queries and feedback from Councillor Fletcher, Mr Knox explained that the main risks associated with Local Government Reform were the potential loss of knowledge due to significant staff changes and the whole impact of the reorganisation of Council structures and systems. Mr Knox advised that the estimated fees for the audit strategies had been based on the time involved in following required audit quality standards and procedures. Mr Knox also explained the process of conducting audit test samples and referred to NIAO quality standards and independence as detailed under Annex 2 of the audit strategies.

The Director of Finance and Performance reported that on this occasion, due to the Department of Environment’s requirements in terms of the level of audit by the NI Audit Office in respect of Statutory Transition Committees and Shadow Councils, a contribution of £40,000 had been awarded to Council from the DOE towards the audit of accounts 2014 – 15. Councillor Fletcher welcomed the role of the Director of Finance and Performance in securing that financial contribution for the Council, which was part of the funds set aside for ‘winding up’ costs.

AGREED TO RECOMMEND, on the proposal of Councillor Fletcher, seconded by Councillor Armstrong-Cotter, that the recommendation be adopted.

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9. APPOINTMENT OF AN ADDITIONAL MEMBER TO THE INTERVIEW PANEL FOR THE APPOINTMENT OF AN INDEPENDENT MEMBER TO THE AUDIT COMMITTEE

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Finance and Performance stating that in line with the Terms of Reference, legislation and best practice an independent Member required to be appointed to the Audit Committee. Each of the Audit Committees of the legacy Councils had an independent Member but those were for a fixed term and ended with cessation of the legacy Councils.

It was previously agreed at the Corporate Services Committee meeting on 14 April 2015 to commence the process to appoint a Member to that role so that there was someone in place for the June 2015 meeting at which the final accounts would be presented for Ards Borough Council, North Down Borough Council, Statutory Transition Committee, Shadow Council, Down Rural Area Partnership and Peace III.

It was envisaged that the panel for appointment would be made up of the Chair of the Audit Committee plus one Member, the Chief Executive, the Director of Finance and Performance and the Head of Human Resources and Operational Development.

The Committee was therefore requested to appoint one additional Member to the interview panel for the appointment of an independent Member to the Audit Committee.

RECOMMENDED that the Committee appoints an additional Member to the interview panel for the appointment of an independent member to the Audit Committee.

Proposed by Councillor McIlveen, seconded by Councillor Adair that Councillor Armstrong-Cotter, be nominated to the above interview panel.

AGREED TO RECOMMEND, on the proposal of Councillor McIlveen, seconded by Councillor Adair, that the recommendation be adopted and that Councillor Armstrong-Cotter be appointed to the interview panel for the appointment of an independent member to the Audit Committee.

10. WHISTLEBLOWING IN THE PUBLIC SECTOR (Appendix V, Annexes 1 and 2)

PREVIOUSLY CIRCULATED:- Publication on Whistleblowing in the Public Sector: A good practice guide for workers and employers; NIAO Press Statement and covering report dated 27 April 2015 from the Director of Finance and Performance stating that in November 2014, the four supreme audit agencies of the UK, including the Northern Ireland Audit Office issued the above publication. The audit agencies highlighted that the past year had seen a number of significant developments in relation to whistleblowing, including a report by the Westminster Public Accounts Committee (PAC) in July 2014 which said:

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“Whistleblowing is an important source of intelligence to help government identify wrongdoing and risk to public service delivery…. However, far too often, whistleblowers have been shockingly treated.”

The audit agencies emphasised that workers were the most valuable resource in any organisation, not just because of what they did, but also because they had a unique perspective on frontline services. They said it was essential that employers tap into this rich vein of intelligence and welcome workers who were courageous enough to speak out.

The main areas covered by the guide were:  What whistleblowing is  Why whistleblowing is needed  Workers raising a concern  How employers should treat whistleblowing complaints  Legislation  Employer Checklist

The guide and accompanying statement were as previously circulated but those could also be accessed electronically at: http://www.niauditoffice.gov.uk/index/publications/good_practice_guides/wb_guide_ media_release.pdf http://www.niauditoffice.gov.uk/wb_good_practice_guide.pdf

RECOMMENDED that the Committee notes the publication issued by the Northern Ireland Audit Office.

Proposed by Councillor Adair, seconded by Councillor Armstrong, that the recommendation be adopted.

The Director of Finance and Performance explained that it was standard practice for any new Statutory Organisation to adopt a Whistleblowing Policy and the publication issued by the NI Audit Office reflected standard procedures for implementation by the Council.

In response to queries and feedback from Councillor Fletcher, the Director of Finance and Performance provided an example of best practice procedures and assured Members of the legacy of safeguards being in place to ensure that the names of persons who brought whistleblowing matters to the attention of senior management would never be disclosed to other Council employees.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Armstrong, that the recommendation be adopted.

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11. EXCLUSION OF PUBLIC AND PRESS

AGREED on the proposal of Councillor Thompson, seconded by Councillor Armstrong, that the undernoted Items be taken in the exclusion of the public and press.

12. FRAUD AND WHISTLEBLOWING UPDATE

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

13. RE-ADMITTANCE OF PUBLIC AND PRESS

AGREED on the proposal of Councillor Gilmour, seconded by Councillor Adair, that the public and press be re-admitted to the meeting.

14. ANY OTHER BUSINESS

There was no other business raised.

Members were advised that concluded the business of the meeting following which the scheduled training session would be conducted.

(Mr Knox left at this stage of the meeting 7.25pm)

NOTED.

15. TERMINATION OF MEETING

The meeting terminated at 7.25pm.

ARDS AND NORTH DOWN BOROUGH COUNCIL - Audit Committee Training

CIRCULATED AT MEETING:- Copy Moore Stephens Presentation dated May 2015.

Mr S Lindsay explained that Moore Stephens had been appointed through a tender process for provision of internal audit services to the Council. Mr Lindsay outlined previous experience in working with other Councils and stressed the importance of assisting Members to understand the terminology of audit reporting. Mr Lindsay stated that he looked forward to attending meetings scheduled over the next year and he encouraged Members not to hesitate to ask any questions for the benefit of enabling shared knowledge.

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Mr Lindsay then delivered an interactive training session to Members, with the Chief Executive, Director of Finance and Performance and himself answering any questions raised by the Members of the Audit Committee.

The training session terminated at 8.20pm.

ITEM 7.4

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Corporate Services Committee was held in the Council Chamber, 2 Church Street, Newtownards on Tuesday, 12 May 2015 commencing at 7.00pm.

PRESENT:

In the Chair: Alderman Carson

Aldermen: Chambers Keery Gibson (7.01pm)

Councillors: Anderson Muir Brooks McIlveen Gilmour Smart Kennedy T Smith

Officers: Director of Organisational Development and Administration, Director of Finance and Performance, Head of Human Resources and Organisational Development, Head of Administration and Member Services Officer

1. APOLOGIES

Apologies for inability to attend were received from Alderman Graham and Councillor Barry. An apology for lateness was recorded from Alderman Gibson.

NOTED.

2. DECLARATIONS OF INTEREST

Members were asked to advise of any declarations of interest. No declarations were made.

The Director of Finance and Performance took the opportunity to remind Members of the deadline of 1 June 2015 for completing and submitting their declaration of interest forms for the new Council year.

NOTED.

3. DEPUTATION

3.1. PRESENTATION FROM RIVERS AGENCY ON FLOOD MAPS OF NORTHERN IRELAND – ITEM WITHDRAWN

4. AMENDMENT TO STANDING ORDERS

PREVIOUSLY CIRCULATED:- Report dated 29 April 2015 from the Director of Organisational Development and Administration stating that a number of Members had raised the issue of including a standing item of Any Other Notified Business on Committee agendas. CSC.12.05.15

At present, the Standing Orders stated under Order 13 – Order of Business that any other relevant business be included as the final item on agendas. It was recommended that, to ensure the meeting was conducted most efficiently, this should be amended to read “Any other notified business”. This enabled Officers to have relevant information available to respond as necessary.

Notification should be made to the Chair of the Committee at least 24 hours before the date of the meeting.

According to Standing Order 28.2 “Any motion to, add to, vary or revoke these Standing Orders will, when proposed and seconded, stand adjourned be referred without discussion to the next ordinary meeting of the Council and any resultant amendment will be ratified at an ordinary meeting of the Council.”

RECOMMENDED that Standing Order 13 be amended to include “Any other notified business” as the final item for Committee meetings.

In making reference to the report, Councillor Muir highlighted that retaining Any Other Business allowed for urgent matters to be raised at a meeting and encouraged fluidity of challenge.

Alderman Chambers concurred adding that in his opinion removal of that option would be a backward step. The AOB mechanism in North Down had been utilised well for 20-30 years for urgent items or for awareness issues. Generally Members had not abused this; rather it was a case of placing an item on record and receiving the Officer’s detailed information in due course. He was therefore unsure if a meeting would be conducted more efficiently without it and believed that it would weaken Members’ duties in respect of their constituents.

Alderman Gibson stated that Ards had had Any Other Notified Business in place which had worked excellently for many years, as everyone concerned had advance notice of all agenda business.

Councillor T Smith also favoured items being notified 24 hours ahead of the meeting. He was also mindful that on occasion, urgent topics were discussed at the Chairman’s discretion. He agreed that this system had operated well, guaranteeing good governance of a meeting.

The proposal was put to the meeting and declared carried with 7 voting for and 4 against.

AGREED TO RECOMMEND, on the proposal of Councillor T Smith, seconded by Councillor Smart, that the recommendation be adopted.

5. CORPORATE COMPLAINTS POLICY AND PROCEDURE (Appendix I)

PREVIOUSLY CIRCULATED:- Report dated 12 May 2015 from the Director of Organisational Development and Administration stating that the purpose of this report was to seek agreement to implement the attached Corporate Complaints Procedure. 2

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In order for the Council to effectively and consistently handle complaints and enquiries, it was essential that it had a corporate complaints procedure in place and that was communicated across all the Council’s departments and be made available to the public. The Council’s adherence to a formal procedure would protect it in the event of any challenge made by a customer or resident to the Ombudsman on how a complaint had been handled.

The Council aspired to excellence in the delivery of its services and while it was intended that a comprehensive Customer Relations Management System would be developed in due course, incorporating a Corporate Complaints Policy and Procedure, the attached procedure was proposed to serve the Council in the interim period.

The Procedure was a hybrid of the legacy Ards Borough Council and North Down Borough Council procedures.

RECOMMENDED that the attached Corporate Complaints Procedure is adopted and made available on the Council’s website and in a corporate branded hard copy format at Council premises (and large print or other formats, on request).

AGREED TO RECOMMEND on the proposal of Alderman Gibson, seconded by Alderman Keery that the recommendation be adopted.

6. FREEDOM OF THE BOROUGH POLICY

PREVIOUSLY CIRCULATED:- Report dated 26 April 2015 from the Director of Organisational Development and Administration stating that research had been carried out to ascertain the legacy Councils’ policies with regard the conferral of Freedoms of the Borough. Ards Borough Council did not have written criteria but conferred Freedoms of the Borough on an ad hoc basis, as a result of a Notice of Motion to the Council. (The maximum number conferred per term of office was two). North Down Borough Council had a written policy stating there would be no more than two conferrals per four year Council term.

The Local Government (Transitional, Incidental, Consequential and Supplemental Provisions) Regulations (Northern Ireland) 2015 (“The Regulations”) stated the following:

Persons shall be admitted to the freedom of the borough in accordance with the following rules- (a) No person shall be admitted a freeman of the borough by gift or purchase; (b) The council of the borough may, in pursuance of a special resolution of council, admit any person to be an honorary freeman of the borough; (c) The admission of a person to be a honorary freeman of the borough shall not confer the right of sharing in the benefit of any assets of the council, or of any assets held in whole or in part for any charitable use or trust; (d) The clerk of the council shall keep a list, called the freemen’s roll, of all persons upon whom the freedom of the borough has been conferred.

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Report

To be eligible for the Freedom of the Borough Award, a person, group or organisation must be either a current or former resident of the Borough or have an established connection to the Borough. Serving Councillors and Officers of Ards and North Down Borough Council were not eligible to be nominated.

It was proposed that candidates should be persons of distinction, or persons or organisations who had rendered eminent service by way of an exceptional contribution to the Borough, or whose achievements bring additional recognition to the Borough. The following criteria were therefore proposed:

. A lifetime of service to the Borough that being a minimum of 25 years through their work in the community or business AND/OR

. Having achieved sustained international recognition in the arts, sport or business AND/OR

. Working as a civic figure whose unique and outstanding record would act as a role model and command the widespread respect of the Ards and North Down community

Nomination Procedure

 A pre-nomination submission should be provided in writing to the Chief Executive to ensure compliance with the Regulations prior to the formal submission of a Notice of Motion.

 The Notice of Motion should bear the signatures of six elected members.

 Attached to the above Notice of Motion would be an “Eligibility Form” bearing the agreed criteria which the nominator will be asked to complete.

 Officers would examine the Notice of Motion and check the “Eligibility Form” before placing the item on a Council Agenda.

 If approved by Council then Officers would bring back a Report to the Corporate Committee outlining initial time scales for the event.

RECOMMENDED that:

1. Council notes the provisions of the Local Government (Transitional, Incidental, Consequential and Supplemental Provisions) Regulations (Northern Ireland) 2015

2. Council approves the eligibility criteria and nomination procedure as per this report for conferring Freedoms of the Borough

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3. Council determines the maximum number of Freedoms of the Borough per Council term (except in exceptional circumstances) and notes that any Freedom of the Borough award agreed will normally be held in the following financial year to allow officers the opportunity to make provision through the budgeting process

Councillor Muir expressed his gratitude to Officers for bringing forward the report noting that to be conferred with a Freedom of the Borough was recognised as a prestigious honour from the Council. He fully supported the continuation of a written policy which he believed had ensured equity and unanimity in the legacy North Down Borough Council.

Alderman Chambers echoed those comments and recalled occasions before North Down had a policy when Members had embarrassingly brought forward a Freedom of the Borough request at a meeting in the public domain. As both legacy Councils had bestowed Freedoms of the Borough, he queried if they still stood or was there potential for duplication.

The Director of Organisational Development and Administration confirmed that all existing Freedoms of the Borough would endure as a lasting heritage of the two former Councils and Boroughs.

Councillor Muir requested a full list of those which the Director undertook to furnish.

AGREED TO RECOMMEND, on the proposal of Councillor Muir, seconded by Councillor McIlveen, that the recommendations be adopted.

7. VISIT BY STUDENT GROUP FROM BREGENZ – 15-24 JULY 2015

PREVIOUSLY CIRCULATED:- Report dated 21 April 2015 from the Director of Organisational Development and Administration stating that as in previous years a group of fourteen young people aged 14 years old, from Bangor’s twin town of Bregenz, will visit the Borough from 15 – 24 July 2015.

The young people would be accompanied by two teachers, the object of the visit being to improve their spoken English. The group would attend English classes each morning in the Town Hall and in the afternoon would tour the Borough or explore Northern Ireland.

Each year the visit had been highly rated by the Austrian school authorities as having a major positive impact on the linguistic skills of the young people. The group of fourteen students and two teachers meet all their own travel and accommodation costs and stay in a local bed and breakfast establishment for the 10 nights.

The authorities in Bregenz had requested that Ards and North Down Borough Council provides a minibus, a TEFL (teaching English as a foreign language) qualified individual to teach the students English in the mornings and lunch each day (in the Museum Restaurant). That was previously agreed by North Down Borough Council. 5

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There was specific funding in the current year’s budget to facilitate those aspects of the visit.

RECOMMENDED that

(i) the Council facilitates the visit of the school group from Bregenz by providing a minibus, the service of a qualified individual to teach English to the young people and lunch each day in the Museum Restaurant

(ii) A further report is brought back with regard to all legacy twinning arrangements for consideration

AGREED TO RECOMMEND, on the proposal of Alderman Keery, seconded by Councillor Gilmour, that the recommendations be adopted.

8. SUSTAINABILITY AND ENVIRONMENTAL POLICY

PREVIOUSLY CIRCULATED:- Report dated 1 April 2015 from the Director of Organisational Development and Administration stating that at a meeting on 10 November 2014 North Down and Ards District Council approved the development of a range of sustainable development activities including the development of a Sustainability and Environmental Policy.

The Local Government Act and the Duty for Sustainable Development required the Council to be able to demonstrate how it considered sustainable development in the implementation of its services and functions. The adopting of a Sustainability and Environmental Policy enabled the Council to demonstrate that it was “…contributing to the achievement of sustainable development in Northern Ireland”. (Section 25 Northern Ireland (Miscellaneous Provisions) Act 2006).

The Sustainability and Environmental Policy gave a commitment that the Council would carry out its activities and functions in a manner which minimises any potentially negative environmental impact and stated that the principles of sustainability would be integrated throughout all Council activities.

A combined Sustainability and Environmental Policy meant that it also met the requirements of the Environmental Management Standard ISO 14001, for which the Council was accredited. One of the conditions of ISO 14001 was for the Council to have a publicly displayed Environmental Policy that committed it to continual improvement of environmental performance and the prevention of pollution by reducing the environmental impacts that arose from its business activities and the delivery of our services. Appendix one of the Sustainability and Environmental Policy included a summary of the main environmental commitments outlined within the policy. This Environmental Statement should be publicly displayed in Council buildings as well as on the Council’s website and will fulfil the ISO 14001 requirements. Implementation of the Policy would be monitored and measured using internal environmental audits, sustainability indicators and other Council wide measures of performance.

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RECOMMENDED that the Council adopts the Sustainability and Environmental Policy and that its associated Environmental Statement is put on display within all buildings within the scope of the Environmental Management System.

AGREED TO RECOMMEND on the proposal of Alderman Gibson, seconded by Councillor Smart that the recommendation be adopted.

9. DISABLEDGO

PREVIOUSLY CIRCULATED:- Report dated 28 April 2015 from the Director of Organisational Development and Administration stating that North Down Borough Council entered into a contract arrangement with DisabledGo in 2010. DisabledGo offered a valuable service to residents, visitors and potential visitors and highlighted the facilities and access to the premises, areas and to information as well as additional information on toilet facilities, changing facilities and where BSL signers were available either at all times or on request.

The set up cost was £16,500 +VAT which covered a total of 330 venues being surveyed. 100 of those venues had detailed guides compiled and 230 had smaller guides with information on location, access, toilet facilities and contact details.

Each year, over the five year period, DisabledGo had arranged one or two public consultations with a range of disabled people, carers and representative organisations to receive feedback on regularly used venues and the other services they provide. This audit also benefited business owners as potential users had access details in advance of their planned visits. The public consultations also provided Council Officers with an opportunity to meet those individuals and representatives and learn how the Council could better engage with, or improve, its services and facilities.

The annual review fee, which was payable in August, was £3,500 plus VAT per annum for the last four years and included a full review of the guides, at least one public consultation and an additional 25 detailed guides or 100 smaller guides or a combination of the two on a 4:1 ratio. The North Down area now had over 400 venues audited and information is accessible for visitors and potential visitors on both Council and DisabledGo websites. DisabledGo had confirmed that the review cost for the year would be maintained at £3,500 plus VAT.

In 2014 Ards Borough Council considered the option of joining DisabledGo but decided not to do so as it had been offered the opportunity to work with the Equality Commission of Northern Ireland (ECNI) on a business engagement scheme ‘Every Customer Counts’. This scheme, which was being piloted in the former Ards Borough Council area by ECNI helped businesses audit their own premises and provides them with Disability Awareness Training delivered by Disability Action at no cost. To date ten premises had signed up to take part. Those businesses all had given positive feedback in relation to the information and advice they had received. The scheme also offered businesses the opportunity to audit their own premises to assist identify potential obstacles to customers with a disability and identify and promote their good practice arrangements. This initiative was being carried out at no cost to the Council. 7

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Following a recent information leaflet drop to 200 premises around the Newtownards Town Centre and a public meeting on Tuesday 24 March in Newtownards, ECNI was compiling a report which would be made available to the Policy Officer once completed. ECNI had been disappointed with the low take up and was exploring why that may have been. It was considering that one of the reasons may be that the audit was carried out by the businesses themselves and was not independently verified.

ECNI identified ‘Every Customer Counts’ initiative as an introduction to the value of businesses making their premises and services more accessible to customers who were disabled and their carers. ECNI supported the DisabledGo initiative and would encourage businesses in areas where DisabledGo was available to have their business independently audited and values the access to customers and potential customers of this information being widely available on relevant Council and DisabledGo websites.

DisabledGo had been asked to consider carrying out the consultation scheduled for October 2015 in the former Ards Borough Council area, whilst including all those consultees in the former North Down Borough Council area. That would increase engagement across the Council and encourage premises in the former Ards Borough Council area to have their premises included in this year’s review as additional properties. The annual review was anticipated to be carried out in October/November 2015.

As the annual review cost of £3,500 had been included in the 2015/16 budget it was proposed that the contract is maintained for this financial year. This will allow council officers to work with ECNI and DisabledGo and consider which scheme would provide best value to the Council and businesses across the new Council area.

RECOMMENDED that Council agrees to maintain the contract with DisabledGo for 2015/16 allowing officers to negotiate the potential roll out of the service across the new Council area and that a report is brought back to the Committee on progress in due course.

AGREED TO RECOMMEND, on the proposal of Councillor Gilmour, seconded by Councillor Anderson, that the recommendation be adopted.

10. DIVERSITY CHAMPIONS

PREVIOUSLY CIRCULATED:- Report dated 30 April 2015 from the Director of Organisational Development and Administration stating that in 2011, the Local Government Staff Commission established a single Equality and Diversity Group which encompassed all the equality and diversity work in Councils, including Section 75 statutory duties.

One of the key elements of that initiative was the appointment of a network of Diversity Champions to actively promote the equality and diversity agenda in Councils. The Commission encouraged all Councils to commit to the initiative and to appoint both an officer and at least one Elected Member to act as Diversity Champions, and that was one of the actions included in the Ards and North Down Borough Council Disability Action Plan. The role of the Champions would be to work 8

CSC.12.05.15 closely with colleagues across the organisation to enable equality and diversity to be a priority in the provision of all Council services. A role specification for the Diversity Champions was appended to the report for information.

Members would recall that at the Council meeting on 29 April 2015, Alderman Henry and Councillor Cooper were appointed as Mental Health Champions.

RECOMMENDED that two Diversity Champion Elected Members and one Diversity Champion Officer are appointed to represent Ards and North Down Borough Council.

AGREED TO RECOMMEND on the proposal of Councillor T Smith, seconded by Councillor Smart that the report on Diversity Champions be deferred to the Council meeting at the end of the month.

11. BREASTFEEDING WELCOME HERE SCHEME

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Organisational Development and Administration stating that the Council agreed the following Notice of Motion at its meeting in March 2015.

“That this Council supports breastfeeding mothers throughout the new Council area. As such we ask Officers to investigate and bring back a report confirming: how this Council can join the 'Breastfeeding Welcome Here scheme', ie the Northern Ireland- wide programme to increase the number of premises which welcome breastfeeding mums; identify any other programmes that could be introduced either as a Council or as part of a partnership arrangement to encourage local businesses, community premises and venues operated by other organisations including statutory bodies to welcome and support for breastfeeding mums.”

The 'Breastfeeding Welcome Here Scheme' supported mothers in Northern Ireland to exercise their right to feed their child when they needed to be fed. The scheme provided support to businesses and venues to facilitate this. When a venue signed up to be breastfeeding welcome it was supplied with a pink and white sticker to display in a prominent place so that the message was clear to breastfeeding mothers and other users. The sign stated "We are breastfeeding friendly" and also indicated this pictorially. Businesses would also be able to display a membership certificate.

The symbol demonstrated facilities were available for breastfeeding and that breastfeeding was acceptable in all areas of the premises that were open to the public. It also indicated that a mother who was breastfeeding in an area of the premises open to the general public would not be asked to move to another area or stop breastfeeding and that all staff members were aware of the membership of the scheme. All premises that had been accredited were available on the Breastfeeding Welcome Scheme website through using the postcode of the relevant area.

The criteria to be an approved premises was that an appropriate area was available for mums who wished to breastfeed and that all employees on the premises at any time had been trained to be aware that this practice was acceptable and that mothers should not be asked to not breastfeed by employees or other customers.

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Should the Council wish to join the Scheme and promote the scheme through local businesses, a senior Council officer would be asked to sign a written agreement which stated that Council would adhere to the membership criteria which was set by the Public Health Agency (PHA). The signed agreement would then be returned to the PHA who would issue the 'Breastfeeding welcome here' certificate and window sticker for each of the approved premises.

The name of the Council and its range of approved premises and participating local businesses would be added to the list of premises participating in the scheme and published online on their website. On-going monitoring was undertaken by mums from local breastfeeding support groups to ensure premises which had signed up to the scheme are adhering to the criteria. All participating in the scheme were given recognition through on-going promotion and awareness raising. Organisations which failed to adhere to the criteria would be notified and may have their membership revoked.

Should the Council agree to participate in this scheme their participation should encourage local businesses, community and voluntary organisations to consider taking part by example.

RECOMMENDED that the Council contacts the PHA Breastfeeding Welcome Scheme coordinator and arranges to have an audit of Council facilities carried out to identify which facilities can be accredited to take part in the scheme; trains employees and displays the symbol in appropriate Council facilities.

Councillor Gilmour welcomed the increasing community focus on breastfeeding with the ethos that every child needs fed. However, she pointed out that for various reasons many women continued to bottle feed and encountered differing issues of requiring hot water to warm bottles etc. With regard to Council amenities, she suggested that Officers ascertain if those were compliant to make it as easy as possible for mothers to breastfeed.

The Director of Organisational Development and Administration undertook to assess the Council’s public catering facilities to ensure there were no unreasonable restrictions in relation to that request.

AGREED TO RECOMMEND on the proposal of Councillor T Smith, seconded by Councillor McIlveen, that the recommendation be adopted.

12. LAND AND PROPERTY POLICY (Appendix II)

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Organisational Development and Administration and the Director of Finance and Performance stating that the legacy Councils both had numerous policies, practices and procedures relating to land and property. Whilst some of those policies were consistent across the Councils, a gap analysis by officers identified some significant differences in approach.

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Following consultation with relevant Council officers a Land and Property Policy had been developed detailing the Council’s approach to land and property going forward. It included recommendations on:

A. The acquisition of land by the Council B. The disposal of land by the Council C. The use of Council land D. Marketing of land and property E. The rental of Council land F. Valuation services

Two specific areas were brought to Members’ attention:

. The policy stated that where there was incidental commercial use of Council land (that was up to three revenue generating providers, for example chip vans or stalls) a fee based upon the Temporary Street Trading Licence Fee would be payable. That was currently £30.

. The policy stated that the Rental Abatement policy adopted by NDBC in 2014 would be rolled out across the new council area.

The legacy NDBC clubs benefitting from abatement were:

. North Down Model Railway Society . Bangor Men’s Billiards & Snooker Club . Helen’s Bay Tennis Club . Helen’s Bay Players . North Down Cycling Club . Kingsland Table Tennis Club . Bangor and North Down Camera Club . Ballyholme Yacht Club . Holywood Yacht Club

The legacy ABC clubs which, under the rules of this policy, would benefit from abatement in future were:

. Abbey Villa . Moat Boxing Club . Rosemount Rec Football Club . Donaghadee Sailing Club . Ards Cricket Club . Cloughey Tennis Club . Cloughey Bowling Club . Donaghadee Tennis Club . Donaghadee Bowling Club

RECOMMENDED that the Council adopts the attached Land and Property Policy and tasks officers to develop associated procedures to ensure the consistent application of the policy through the Council.

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(Councillor Anderson left the meeting at this stage – 7.15 pm)

Councillor Muir enquired as to whether or not a cost to the Council would be incurred following adoption of the policy.

In response to a question from Alderman Gibson, the Director of Organisational Development and Administration explained that the legacy arrangement from North Down provided a rental abatement of 50% exclusively for sporting and recreational clubs renting Council premises. That arrangement would now be rolled out across12 clubs situated in the former Ards area, eased in over the next three years and equating to a reduction in rent collected of approximately £3,200 per annum.

(Councillor Anderson re-entered the meeting at this stage – 7.17 pm)

AGREED TO RECOMMEND on the proposal of Alderman Keery, seconded by Councillor Muir, that the recommendation be adopted.

13. REQUEST TO USE COUNCIL LAND

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Organisational Development and Administration stating that the Council had received a request from Ms Susan Shepherd on behalf of the Morris Minor Owner’s Club for the exclusive right to use the above on Friday 17 July 2015 for their classic annual car display. Ms Shepherd had also sought permission for the toilets to be left open until 21:30. The event had taken place at this location for many years now with no issues ever being raised.

It was proposed that Council accedes to the request, subject to the organiser agreeing to the following conditions:

1. Paying no fee as per the Council’s policy. 2. Agreeing to indemnify the Council, in so far as they could, from all claims relating to the event and the use of the Council’s land. 3. Agreeing that any damage that may arise from use of the area should be made good to the satisfaction of its officers. 4. Arranging for the collection and subsequent removal of all litter and other debris from the area once the event has concluded, however, should the Council have to do any additional cleaning the costs will be recovered from it. 5. Displaying public notices for at least two weeks before an event to notify the public that said event was due to take place in the area. Signage to be agreed in advance with appropriate Council officer. 6. Arranging for the prompt removal of any items used in connection with the usage. 7. Putting in place plans to limit any negative impact on the public using the land at the same time as the event. 8. Ensuring that adequate marshals were placed throughout the designated area so as members of the public were not endangered by the event.

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Request to use Exploris Park

The Council had received a request from Strangford Lough and Lecale Partnership to use the old caravan site at Exploris for camping during the Strangford Lough Maritime Festival in June.

As in previous years the organisers had requested that up to 20 two/three man tents accommodating members of the association be allowed to camp at the old caravan site. They had advised that everything would be kept under strict control, and that they would provide toilet facilities. Access to the site would be required from 12 – 14 June 2015.

The organisers had further requested permission to use Exploris Park for Viking displays and interactive Viking education sessions on 13 and 14 June 2015.

It was proposed that Council accedes to the request subject to the organiser agreeing to the following conditions:

1. Paying no fee as per the Council’s policy 2. Agreeing to indemnify the Council, from all claims relating to the event and the use of the Council’s land 3. Submitting a valid copy of his/her insurance policy confirming cover for the type and nature of the event to be run, and a copy of the risk assessment for the event 4. Agreeing that any damage that may arise from use of the area should be made good to the satisfaction of its officers 5. Arranging for the collection and subsequent removal of all litter and other debris from the area once the event had concluded, however, should the Council have to do any additional cleaning the costs would be recovered from it 6. Providing an event management plan 7. Arranging for the prompt removal of any items used in connection with the usage 8. Ensuring that all relevant and required permits and licences were in place 9. Ensuring that the event does not cause any sort of statutory nuisance 10. Ensuring that no alcohol was bought or consumed on Council land 11. No more than 20 two/three man tents being allowed to use the facility 12. Only members of the association being allowed to camp at the facility

Request to use carpark at The Green, Kircubbin

The Council had received a request from the Northern Ireland Blood Transfusion Service seeking permission to use the above carpark for the Bloodmobile on Monday 1 June 2015 from 2:30pm to 4:30pm and 5:45pm to 8pm.

It was proposed that the Council accedes to the request subject to the NIBTS agreeing to the following conditions, namely:

1. Paying no fee as per the Council’s policy 2. Agreeing to indemnify the Council, from all claims relating to the event and the 13

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use of the Council’s land 3. Submitting a valid copy of his/her insurance policy 4. Agreeing that any damage that may arise from use of the area should be made good to the satisfaction of its officers 5. Arranging for the prompt removal of any items used in connection with the usage 6. Ensuring that all relevant and required permits and licences are in place

Request to use land at Donaghadee

A request had been received from Mr Peter Irwin to use land at Donaghadee Harbour and Lemon’s Wharf for the Lifeboat Festival from 12 noon until 5pm on 1 August 2015. The event includes the opening of the Lighthouse by kind permission of Irishlights, the Lifeboat was open to the public and stalls are erected selling a wide range of local products. There were opportunities to talk to RNLI Lifeguards, NIFRS, and PSNI. There would be raft races & skiff racing in the harbour area.

It was recommended that the Council accedes to the request subject to the Organiser agreeing to the following conditions:

1. Paying a relevant fee as per the Council’s policy 2. Agreeing to indemnify the Council, in so far as he can, from all claims relating to the event and the use of the Council’s land 3. Submitting a valid copy of his/her insurance policy confirming cover for the type and nature of the event to be run, and a copy of the risk assessment for the event 4. Agreeing that any damage that may arise from use of the area should be made good to the satisfaction of its officers 5. Arranging for the collection and subsequent removal of all litter and other debris from the area once the event had concluded, however, should the Council have to do any additional cleaning the costs will be recovered from it 6. Displaying public notices for at least two weeks before an event to notify the public that said event is due to take place in the area. Signage to be agreed in advance with appropriate Council officer 7. Providing an event management plan 8. Arranging for the prompt removal of any items used in connection with the usage. 9. Putting in place plans to limit any negative impact on the public using the land at the same time as the event 10. Ensuring that adequate marshals were placed throughout the designated area so as members of the public were not endangered by the event 11. Ensuring any required permits, licences, registrations or approvals were in place

RECOMMENDED that the above requests for short term use of Council land are agreed, subject to the conditions outlined in the report above.

AGREED TO RECOMMEND on the proposal of Councillor Kennedy, seconded by Alderman Gibson, that the recommendation be adopted.

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14. REQUEST FOR EASEMENT OVER LAND AT BALYWALTER

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Organisational Development and Administration stating that at its meeting on 29 October 2014 Ards Borough Council agreed to grant an easement over its land in Ballywalter to the owner of the boathouse (Mr Anderson) as shown on the attached map. The easement was to install a sewer pipe, and agreement was subject to LPS determining a suitable consideration. LPS had been negotiating on the Council’s behalf and had recommended a consideration of £6,000 based on the following conditions:

. All works required were to be carried out by Mr Anderson and at no cost to the Council . The land was to be fully reinstated to the satisfaction of Council officers . Mr Anderson would be responsible for all associated costs including legal fees . The sewer line would be approximately 80m in length and the location would be as per the map provided

RECOMMENDED that the Council agrees the premium of £6,000, and proceeds to complete the legal formalities.

AGREED TO RECOMMEND on the proposal of Councillor Kennedy, seconded by Alderman Keery, that the recommendation be adopted.

15. REQUEST TO PLACE NOTICE BOARD ON LAND AT CLOUGHEY

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Organisational Development and Administration stating that the Council had received a request from Cloughey and District Community Association (CDCA) to erect a noticeboard on Council land adjacent to the entrance to the play area as shown on the attached plan. CDCA has sought funding from the Rural Micro Capital Grant Programme 2015 funded by DARD. It was anticipated that the noticeboard would look like the attached photograph and would be used to display notices or forthcoming events in the community. The Head of Leisure Services had been consulted and had raised no objections to the request.

The erection of the noticeboard would be subject to the following conditions:

1. LPS to determine a suitable consideration 2. CDCA agreeing to indemnify the Council against all claims which may arise from the installation works and occupation of the Council’s land 3. The land must be reinstated to the satisfaction of the Council’s officers following installation 4. The installation works being planned and undertaken in such a way as to cause the minimum disruption to the surrounding area 5. Any necessary approvals eg planning permission being obtained by CDCA 6. CDCA covering any associated costs to Council

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RECOMMENDED that the Council consents to the erection of the noticeboard at the proposed location and proceeds by way of ten year licence agreement subject to the conditions stated.

With regard to a question from Alderman Gibson, the Chairman (Councillor Carson) was aware of an existing noticeboard but indicated that the recommendation referred to a new noticeboard to be erected in a different location in Cloughey.

AGREED TO RECOMMEND on the proposal of Councillor Kennedy, seconded by Alderman Keery, that the recommendation be adopted.

16. MILL DAM, COMBER

This item was deferred.

17. PURCHASE OF LAND FROM NIHE IN SCRABO ESTATE

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Organisational Development and Administration stating that Ards Borough Council employed the services of Playboard to undertake a review of play facilities within the Scrabo Estate, Newtownards. Playboard identified a clear demand for a play area within the estate to accommodate children from the age of 0-12 years and identified ‘The Green’ as a suitable location. Following on from the report it was agreed by Ards Borough Council in November 2013 to establish if the proposed site could be obtained from the Housing Executive and what would be the cost implications.

Correspondence had now been received from the Housing Executive advising that a preliminary valuation from Land and Property Services had been received for the about setting out two options:

1. £25,000 for the transfer of the freehold 2. £18,000 for a 25 year restrictive lease (area to be used only as a play area)

They had advised that those valuations were not open to negotiation, and that any decision to proceed would still require NIHE to obtain the necessary internal approvals to enable a contract for sale to be prepared. The letter is very clear that it is not an offer for sale, and that if the necessary internal approvals are granted the disposal will be subject to a detailed list of terms and conditions for sale.

There was money set aside in the capital budget for a playground at this location.

The Head of Leisure Services had been consulted and was happy to proceed on the basis of a transfer of the freehold.

RECOMMENDED that in the first instance the Council undertakes a site survey to confirm that the site is suitable for a play area. Once this has been confirmed it is recommended that the Council agrees to proceed on the basis of a transfer of the freehold, subject to its valuation agent confirming the validity of the value of £25,000.

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AGREED TO RECOMMEND on the proposal of Councillor McIlveen, seconded by Councillor Smart, that the recommendation be adopted.

18. REQUEST FROM NI WATER TO PURCHASE LAND (Appendix III)

PREVIOUSLY CIRCULATED:- Report dated 27 April 2015 from the Director of Organisational Development and Administration stating that the Council had received the attached correspondence from NI Water in relation to a new proposed Waste Water Pumping Station (wwps) in Ballywalter. The proposed location of the wwps was shown on the attached map.

The proposed location of the wwps was on Council land and NI Water had indicated that it would seek to acquire the land shown edged red from the Council, together with a Right of Way over the Council’s car park to access the site.

The Leisure Services Section had been consulted and had raised no objections to the request. The Parks and Cemeteries Section had also raised no objections subject to ensuring that all finished levels were such that they did not create trip hazards or impede grass cutting.

The disposal would be subject to the following conditions:

1. Land and Property Services being tasked with determining a suitable consideration as ‘honest broker’. 2. NI Water paying the Council’s reasonable legal and agents fees. 3. NI Water agreeing to indemnify the Council against all claims which may arise from the construction works. 4. The land and levels must be reinstated and finished to the satisfaction of the Council’s officers. 5. The works being planned and undertaken in such a way as to cause the minimum disruption to the surrounding area.

RECOMMENDED that the Council agrees to dispose of the land edged red to NI Water, and provides a right of way over its car park subject to the conditions stated above.

AGREED TO RECOMMEND on the proposal of Councillor McIlveen, seconded by Alderman Keery, that the recommendation be adopted.

19. NORTH DOWN MODEL RAILWAY SOCIETY – RENEWAL OF LICENCE AGREEMENT FOR PREMISES AT 13 CENTRAL AVENUE, BANGOR

PREVIOUSLY CIRCULATED:- Report dated 14 April 2015 from the Director of Organisational Development and Administration stating that the Licence Agreement under which the North Down Model Railway Society occupied the above building expired on 31 March 2015.

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The District Valuer had assessed a value for the next 3 years and had recommended that the rate remained the same due to the poor condition of the building. The Society’s rental for the next three years would be £1,860 per annum (abated by 50% in line with proposed Council policy, ie £930 per annum).

RECOMMENDED that Council grants a further 3-year term agreement from 1 April 2015 to 31 March 2018 to North Down Model Railway Society at a rate of £930 per annum.

AGREED TO RECOMMEND on the proposal of Councillor Gilmour, seconded by Alderman Chambers, that the recommendation be adopted.

20. USE OF BALLYMENOCH PARK, HOLYWOOD ON 13 JULY 2015 BY HOLYWOOD DISTRICT LODGE NO 14

PREVIOUSLY CIRCULATED:- Report dated 14 April 2015 from the Director of Organisational Development and Administration detailing the undernoted:

The following was an excerpt from a minute of North Down Borough Council:

“PREVIOUSLY CIRCULATED:- Report from the Director of Leisure and Community Services detailing that a letter had been received from the District Secretary of Holywood District Lodge No 14 requesting the use of Ballymenoch Park, Holywood on Monday 13 July 2015 to host the 12th July 2015 celebrations. Spafield Playing fields had been used in the past to host the main demonstration but that was no longer a viable option as that site was currently being developed for a synthetic pitch.

Council should note that a new policy on the use of Council owned land by other Organisations within the new North Down and Ards District Council area would be the subject of a report to be considered by the new Council in November 2014. That report would set out any relevant terms and conditions on the use of Council land for significant events.”

RECOMMENDED that the Council grants permission to Holywood District Lodge No 14 to host the 12th July celebrations in Ballymenoch Park, Holywood, on Monday 13 July 2015, subject to evidence of Public Liability Insurance cover being produced, and subject to terms and conditions agreed by the new Ards and North Down Borough Council in its policy on the use of Council land by other Organisations.

Councillor Muir acknowledged that Holywood District Lodge had used Ballymenoch Park in the past and issues had subsequently arisen surrounding the state of the land due to wet weather. He wondered if there was a clause about leaving the land as it was found at no cost to the organisation.

The Director of Organisational Development and Administration referred Members to the recently considered Land and Property Policy, whereby it stated that users of Council land were required to ‘provide evidence of relevant insurances and fully indemnify the Council against all risks associated with the use of land or property; make good any damage caused during that time’. 18

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AGREED TO RECOMMEND, on the proposal of Councillor Kennedy, seconded by Alderman Keery, that the recommendation be adopted.

21. BARCLAYS BANK – CORPORATE OVERDRAFT FACILITY

PREVIOUSLY CIRCULATED:- Report dated 5 May 2015 from the Director of Finance and Performance stating that the Council’s banking provider, Barclays, had requested the completion of a Composite Account Agreement (CAS) in respect of the overdraft facility of £500,000 which was being provided to the Council under the terms of the tender agreement. The standard and commercial terms of this Facility were contained in the attached documents titled:

. CAS1 Sterling Overdraft Facility Standard Terms (Appendix 1) . CAS1 Sterling Overdraft Facility Commercial Terms (Appendix 2.

It should be noted that the Council had previously delegated responsibility to the Chief Executive and the Director of Finance to approve and accept the terms of this Facility on behalf of the Council.

The Bank however further required that the following resolution was passed by Council:

1. That the borrowing of the Facility by the Council of up to the limit contained in the Facility agreement and on the terms and conditions set out in the Facility Agreement is in the interests of and for the benefit of the Council and is most likely to promote the success of the Council and that such terms and conditions be and are approved and accepted.

2. That the Chief Executive and Director of Finance and Performance are authorised to sign the Facility Agreement on behalf of the Council to indicate acceptance of the terms and conditions.

3. That the Bank is authorised to act in all matters concerning the Facility upon instruction from the Council signed in accordance with the Bank’s mandate for any of the accounts of the Council held with the Bank current from time to time.

RECOMMENDED that the Council adopts the resolution as noted above.

AGREED TO RECOMMEND, on the proposal of Councillor Anderson, seconded by Alderman Keery, that the recommendation be adopted.

22. ROYAL MAIL – VAT INVOICES FOR POSTAGE SERVICES (Appendix IV)

PREVIOUSLY CIRCULATED:- Letter from Mishon de Reya dated 30 April 2015, Client Guide to Ligation Procedure, Terms of Business and accompanying report dated 5 May 2015 from the Director of Finance and Performance stating that Members may recall the recent media coverage regarding a VAT issue involving Royal Mail postage services and in particular the use of franking machines.

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Both legacy councils did operate franking machines in conjunction with Royal Mail dating back to 1973 when the Councils came into being but because VAT invoices were not issued there was an inability to reclaim the VAT on these charges.

The Council on 22 April 2015 was presented with a limited opportunity to join with other Councils in engaging the services of Mishcon de Reya to prepare and issue a claim to the High Court seeking the issue of an invoice for VAT on postage services provided by the Royal Mail from 1973 to date. For a fee of £3,000 this would cover the full and complete issue and service of the claim on Royal Mail.

When Council received this offer on 22 April to join with others in preparing and presenting this claim the deadline was 3.00 pm that afternoon which meant there was no opportunity to seek Council approval. The Chair of the Committee was contacted on the matter and it was agreed that given the potential windfall for the Council that the services of Mishon de Reya would be engaged to submit our claim and that retrospective approval would be sought through the Committee and Council.

RECOMMENDED that the Council grants retrospective approval to engage the service of Mishcon de Reya at a cost of £3,000 to prepare and issue a claim to the High Court seeking the issue of an invoice for VAT on postage services provided by the Royal Mail from 1973 to date.

Alderman Chambers wondered if there was a time limit for claiming back the VAT and could the Council submit a claim from 1973 to date. He also asked if the cost of £3,000 for engaging the service of Mishcon de Reya represented value for money.

The Director of Finance and Performance reported that under normal circumstances there would be a time limit. He reminded Members of similar instances in connection with trade waste and leisure services when the final outcome was in the Council’s favour. Royal Mail was deemed to be at fault as the Councils had paid more than they should have for the service obtained. If the claim was successful, Royal Mail would pay HMRC who would then reimburse the Councils involved.

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Councillor Kennedy, that the recommendation be adopted.

23. PARTNERSHIP PANEL (Appendix V)

PREVIOUSLY CIRCULATED:- Minutes of Meeting of Partnership Panel held on 2 December 2014, Minutes of Meeting of Partnership Panel held on 3 February 2015, Key Outcomes Note (Draft) of Meeting of Partnership Panel held on 28 April 2015, Draft Work Plan for Partnership Panel and accompanying report from the Chief Executive stating that the Partnership Panel for Northern Ireland was established as part of the wider Local Government Reform programme to provide a formal mechanism for constructive liaison between Executive Ministers and local government elected members at a political level on strategic policy matters of mutual interest and concern.

The membership of the Panel consisted of one Councillor from each Council area, all Executive Ministers and up to five representatives of the designated representative 20

CSC.12.05.15 body or association of district councils (NILGA), as identifed by the Department of the Environment.

During the shadow period Councillor Thompson was the Council’s nominee. Councillor Smart was nominated at the Annual Meeting for a period of four years.

To date three meetings of the Partnership Panel had taken place (Minutes and key outcomes attached).

At its next meeting, scheduled to take place towards the end of June the Panel will give consideration to the attached workplan to define future activity and outcomes.

Comments had been sought on the draft workplan and should be submitted no later than 12 June 2015.

Having given consideration to the draft workplan, one issue which Members may wish to include in its response was the need for greater collaboration in terms of the budget setting process.

Given the timescales involved to comply with the requirement upon Council to strike its annual rate by 15 February, any budgetary information which would impact upon that should be communicated to the Council no later than 31 December.

RECOMMENDED that:

a) The content of the report be noted

b) The Council expresses broad agreement with the content of the draft Partnership Panel workplan, but asks that consideration be given to greater collaboration in terms of the budget setting process, particularly the timescales involved in striking the annual rate

Councillor Smart conveyed to Members that he had attended one meeting of the Partnership Panel as the Council’s representative and there would be approximately five meetings held throughout the year. There had been a pre meeting with NILGA and then another on the day before the actual meeting of the Panel itself. He regretted that the agenda papers had only been received two days ahead of the meeting and was of the view that that timescale required to be much earlier. As it had been the inaugural meeting there was an ample delegation of Ministers in attendance. However, Councillor Smart was of the belief that the Partnership Panel provided a useful vehicle to highlight Local Government issues or improvements to Central Government and he would be happy to bring forward any relevant issues from the Council.

Alderman Gibson questioned the format of the pre meeting with NILGA and if it had any impact on the main meeting.

Councillor Smart confirmed that it had consisted of NILGA representatives along with those who sat on the Panel. He reiterated that there had been too much direction and there needed to be more freedom in discussion taking place. 21

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AGREED TO RECOMMEND, on the proposal of Councillor Smart, seconded by Alderman Gibson, that the recommendation be adopted.

24. IRRV CONFERENCE 23 JUNE 2015 (Appendix VI)

PREVIOUSLY CIRCULATED:- Conference brochure and accompanying report dated 5 May 2015 from the Director of Finance and Performance stating that over the last number of years Members and officers had attended the annual IRRV conference. The one day conference for this year scheduled for 23 June 2015 entitled “Looking to the future”, would discuss the impacts of Local Government Reform and the issues facing Northern Ireland’s new local authorities, rates reform and the revaluation, managing the Rate Product and the challenges facing Land and Property Services over the next five years.

The ministerial address would be given by Mark H Durkan MLA, Minister for the Environment.

The cost was £80 per delegate and every 4th attendee goes free.

RECOMMENDED that the Council grants approval for 2 officers and 2 members to attend the conference.

Alderman Gibson proposed, seconded by Alderman Keery, that the recommendation be adopted.

Proposed by Councillor Kennedy as an amendment, seconded by Councillor McIlveen that the Council grants approval for 2 officers to attend the conference.

The proposal was put to the meeting and declared carried with 8 voting for and 2 against.

AGREED.

25. NOTICE OF MOTION SUBMITTED BY COUNCILLOR BARRY

"To ask officers to explore and produce a report on the feasibility of the Council using its general power of competence to issue local bonds. Municipal bonds are a common feature of local government in other countries such as the USA. A local government bond issue would also offer local citizens and businesses to invest in their local community and area as well as offering a less risky investment option than the global stock market. Such a report should also seek out the views of the other 10 Councils in terms of both determining support for such a possible financial innovation, and also whether a NI-wide agency to issue such bonds is a preferred delivery mechanism, as is the case in Sweden, Finland and New Zealand. The Local Government Association in England proposed such an Agency and as of December 2014 plans for the UK’s first municipal bonds agency have been given the green light to enter the launch phase. Some 48 councils have now signed up to become investors in the agency, which the Local Government Association (LGA) estimates could save local government more than £1bn in borrowing costs. The

CSC.12.05.15 report should seek to identify the areas and options for such a local bond issue, with timescales, benefits and risks, and the views of the other Councils and relevant Government Departments on this issue".

The Chairman (Alderman Carson) informed Members that Councillor Barry was unable to attend the meeting and had asked that the Notice of Motion be deferred.

Alderman Chambers and Councillor Muir were conscious of the fact that that would mean a second deferment and the Member was away on business for three months. They were of the opinion that it should be removed from the agenda and resubmitted by the Member on his return.

As an alternative scenario, Councillor McIlveen proposed that it be discussed in Councillor Barry’s absence. However, there was no seconder for the Notice of Motion.

Councillor Gilmour stood and read the pertinent section from Standing Orders and, it was:-

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Councillor Gilmour that the Notice of Motion be withdrawn from the agenda until directed by Councillor Barry to re-submit.

EXCLUSION OF PUBLIC/PRESS

AGREED TO RECOMMEND on the proposal of Councillor T Smith, seconded by Alderman Gibson, that the undernoted items be taken in the exclusion of the public/press.

(Councillor McIlveen left the meeting at this stage – 7.36 pm)

26. PURCHASE OF LAND – LEISURE CENTRE, DAIRY HALL

This item was deferred.

(Councillor McIlveen re-entered the meeting at this stage – 7.37 pm)

27. TENDER REPORT – ENABLING WORKS FOR REPLACEMENT LEISURE FACILTY AT DAIRY HALL, NEWTOWNARDS

This item was deferred.

28. SINGLE TENDER ACTION – VALUATION SERVICES (Appendix VII)

*** NOT FOR PUBLICATION ***

Schedule 6 – Information relating to the financial or business affairs or any particular person of any particular person (including the Council holding that information). 23

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29. BUSINESS CASE – VOLUNTARY SERVICE (Appendix VIII)

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

30. REQUEST FOR SECONDMENT

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

31. ARDS AND NORTH DOWN FLEXI TIME SCHEME (Appendix IX)

*** NOT FOR PUBLICATION ***

Schedule 6 – Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arsing between the council or a government department and employees of, or office holders under, the council.

RE-ADMITTANCE OF PUBLIC/PRESS

AGREED TO RECOMMEND on the proposal of Councillor T Smith, seconded by Councillor Kennedy, that the public/press be re-admitted to the meeting.

32. ANY OTHER BUSINESS

(a) Sale of Bangor Castle Leisure Centre

Councillor Muir questioned how the above matter was progressing in terms of enabling Bangor Central Integrated Primary School to move forward.

The Director of Finance and Performance undertook to bring back a report to Council at the end of the month.

NOTED.

33. TERMINATION OF MEETING

The meeting terminated at 7.42 pm.

ITEM 7.4.1

.Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27 May 2015

Responsible Officer Director of Organisational Development and Administration

Date of Report 21 May 2015

File Reference

Northern Ireland Act 1998, Section 75; Disability Legislation Discrimination Act 1995 and Disability Discrimination (NI) Order 2006

Section 75 Compliant Yes x No Not Applicable

Subject Diversity Champions

Attachments Diversity Champion Role Specification

In 2011, The Local Government Staff Commission established a single Equality and Diversity Group which encompasses all the equality and diversity work in Councils, including Section 75 statutory duties.

One of the key elements of this initiative was the appointment of a network of Diversity Champions to actively promote the equality and diversity agenda in Councils. The Commission encourages all Councils to commit to the initiative and to appoint both an officer and at least one Elected Member to act as Diversity Champions, and this is one of the actions included in the Ards and North Down Borough Council Disability Action Plan. The role of the Champions will be to work closely with colleagues across the organisation to enable equality and diversity to be a priority in the provision of all Council services. A role specification for the Diversity Champions is appended to the report for information.

Members will recall that at the Council meeting on 29 April 2015, Alderman Henry and Councillor Cooper were appointed as Mental Health Champions.

RECOMMENDATION

It is recommended that two Diversity Champion Elected Members and one Diversity Champion Officer (the Policy Officer) are appointed to represent Ards and North Down Borough Council. ITEM 7.4.1

Appendix

Diversity Champion Role Specification (Officer and Elected Member)

The Diversity Champion works closely with other colleagues at a number of different levels within the organisation.

Responsibilities will include:

1. To champion equality and diversity across the Council.

2. To display real interest and a desire to be kept appraised of developments in equality and diversity.

3. Attend and speak at key events in the Council.

4. Challenge other senior staff and elected members to promote the values of the equality and diversity.

5. Act as a focus in the Council for: • engagement with staff • sharing best practice on equality and diversity • driving positive actions • developing networks.

6. Promote the Council’s Disability Action Plan and Equality Action Plan.

7. Attend development events organised for Diversity Champions to become further familiarised with the role of the Diversity Champion.

8. Regular meetings with the other Diversity Champions to: • help mentor new Champions • share good practice • contribute to a steering group • develop case studies of good practice as appropriate.

9. Understand and effectively represent priorities for the local government sector in terms of equality and diversity.

10. Record and report back on issues and concerns to the Champions’ Network to help inform future progress and development.

11. Acting as the first point of contact for enquiries and providing advice, guidance and support within the organisation.

12. Ensure articles are placed in newsletters/briefings. ITEM 7.4.2

Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27 May 2015

Responsible Officer Director of Finance & Performance

Date of Report 21 May 2015

File Reference 700091

Legislation

Section 75 Compliant Yes No Not Applicable x

Subject Barclays Bank – Corporate Overdraft Facility

Attachments

Subsequent to the reporting of the bank overdraft facility requirements Item 21 of the Corporate Committee date 12th May), Barclays Bank PLC has requested that the board resolution is replaced by the following wording:

1. That (after full and careful consideration of the terms of the Composite Account Agreement (“Agreement”) and the commercial and financial consequences direct and indirect of signing the Agreement so far as they affect the Council) it is in the best interests of and to the advantage and further benefit of the Council to sign the agreement.

2. That such Agreement being in the form currently required by Barclays Bank PLC, be approved.

3. That the Chief Executive and the Director of Finance & Performance should sign the Agreement for and on behalf of the Council.

RECOMMENDATION

It is recommended that the Council adopts the resolution as noted above in acceptance of the terms of the bank overdraft facility.

ITEM 7.5

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Community and Wellbeing Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 13 May 2015 at 7.00pm.

PRESENT:

In the Chair: Councillor Armstrong

Other Members: Aldermen Chambers Irvine

Councillors

Adair Edmund Roberts Anderson Kennedy Smart Boyle Martin Thompson Brooks Menagh (Vice-Chairman) Wilson

Officers: Director of Community and Wellbeing, Head of Leisure Services, Head of Environmental Health Protection and Development, Community Development Officer, PCSP Manager and Member Services Officer

1. APOLOGIES

Apologies were received from Councillors Allen, Cooper and Dunne.

2. DECLARATIONS OF INTEREST

The Chairman (Councillor Armstrong) asked for any declarations of interest.

Councillor Martin declared an interest in Item 8 Ards and North Down Borough Council Service Level Agreement with Ards Citizens Advice Bureau and North Down Citizens Advice Bureau.

4. COMMUNITY FESTIVALS FUNDING CONSULTATION (FILE CG10231PTIII) (Appendix I)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing attaching Draft Policy and Guidance Framework for CFF. The report detailed that the Department of Culture, Arts and Leisure (DCAL) had issued a consultation document on the Draft Policy and Guidance Framework for the Community Festivals Fund. The final date for responses was 18th June 2015.

Attached to the report was the Draft Policy and the completed questionnaire on behalf of the Council.

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RECOMMENDED that the Council approves the response detailed in Appendix I.

Members were informed that the Council’s Community Development Grants had recently been advertised with a closing date of 13 May 2015. Funding applications were open to anyone in the community.

AGREED TO RECOMMEND, on the proposal of Alderman Irvine, seconded by Councillor Edmund, that the recommendation be adopted.

5. GREYABBEY VILLAGE HALL (FILE OS966OLD) (Appendix II)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing and Head of Community and Culture attaching letter from Greyabbey Village Hall Management Committee and Greyabbey Village Hall and Car Park Map. The report detailed that the Council had received correspondence from Greyabbey Village Hall Management Committee, requesting financial support for running costs and car parking repairs.

Whilst the Village Hall was not in the ownership of Council, the Greyabbey Village Hall Management Committee were trustees of the Hall and part of the car park. The committee successfully secured funding from Ards Borough Council in 2014/2015 to cover running costs and the amount awarded was £2,700.

In 2012/13 the group received a grant from the legacy Ards Borough Council of £25,000 to assist with an extension to the building, creating a store room. The grant was provided under the Capital Grant Scheme policy for non-Council owned Community Halls.

There was no provision within the Councils’ Community Development budgets to assist with the committee’s financial request for a fixed income of £6,000 or more a year. However the Council’s Community Development Grants had recently been advertised and officers had recommended that the management committee apply to the grants scheme. Whilst the scheme was a competitive process it included a Running Costs Grant Budget of up to a maximum of £3,000 to include costs including heat, light, rent, Public Liability Insurance, stationary etc. Officers had advised the group to apply to the grants scheme which was due to close for applications on 13 May 2015.

The Management Committee claim that the Councils subcontractors were responsible for damage to the surface of the car park due to regular visit by heavy lorries servicing glass and clothes recycling bins and dog and rubbish bins. The committee estimated that the cost of reinstating their proportion of the car park (immediately adjacent to and front of hall) was £7,000 (plus VAT), and had stated that they were unable to meet this cost.

Officers advised against tarmacking a portion of the car park as this could leave the join uneven and therefore unsafe. The total cost of reinstating the entire car park was estimated at £12,000 (plus VAT). Council currently did not have a capital budget to cover part or all of this cost. CWC.13.05.15

Council would be aware that funding for Village Renewal schemes may become available later this year. Although that would be a competitive grants scheme and no guarantee of funding could be provided, officers were currently advising and supporting groups and communities to update their village plans in anticipation of the funding becoming available. Although repair of the Village Hall and car park did not feature in Greyabbey’s Village Plan which was published in 2008, there was an opportunity to update the Plan, following public consultation, to ensure the Hall was fit for community use, to allow the group to apply for funding when the grant scheme opened.

RECOMMENDED that the Council advises Greyabbey Village Hall Management Committee that Council is unable to guarantee a fixed income or repair the car park, however grants may be available through Village Renewal later in the year.

In response to a question from Councillor Wilson about independent Village Halls in the Borough, Members were informed that the Ards area had seven and North Down had slightly more than that number. These were funded through Community Development Grants.

Councillor Adair asked if the Greyabbey group had made an application from the Community Festivals Fund and it was noted that it had not applied under that source, which was regrettable.

Councillor Boyle put on record how important the hall in Greyabbey was to the village. He highlighted the seriousness of the Hall’s position which he described as critical and noted that other halls did not have the same funding problems.

Councillor Anderson said that it was a disappointing situation and asked to make an addition to the recommendation to add:-

“A short policy should be drafted to deal with ad hoc claims which come to Council outside the application stage.”

AGREED on the proposal of Councillor Anderson, seconded by Councillor Boyle, that the above addition be added to the recommendation.

AGREED TO RECOMMEND, on the proposal of Councillor Thompson, seconded by Councillor Anderson, that the recommendation be adopted. Further that a short policy should be drafted to deal with ad hoc claims which come to Council outside the application stage.

Councillor Martin left the meeting.

8. ARDS AND NORTH DOWN BOROUGH COUNCIL SERVICE LEVEL AGREEMENT WITH ARDS CITIZENS ADVICE BUREAU AND NORTH DOWN CITIZENS ADVICE BUREAU (Appendix III)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing and Head of Community and Culture attaching SLA with Ards CAB and CWC.13.05.15

SLA with North Down CAB. The report detailed that Ards and North Down Borough Council had agreed to support both Ards Citizens Advice Bureau and North Down Citizens Advice Bureau to provide Generalist Advice to include: advocacy and negotiation on welfare benefits, debt, housing, immigration and asylum, legal, family, employment and other issues.

The Council had agreed to fund both Ards CAB and North Down CAB £147,000 each for the financial year 2015-2016. 34.4% of the total funding was provided by the Department of Social Development’s Voluntary and Community Unit for the period 2015-2016, with the balance of funds provided by Council.

Following consultation with both advice providers the attached Service Level Agreements (SLA’s) would form the agreements between Ards and North Down Borough Council and Ards CAB (Annex 1) and North Down CAB (Annex 2) until 31 March 2016. Following Council approval funding would be released, to both providers, quarterly in advance.

The Council’s preferred advice provider from 1 April 2016 would be appointed following a tender exercise which would commence later this year.

RECOMMENDED that the Council approves the attached Service Level Agreements between ANDBC and Ards CAB (Annex1) and North Down CAB (Annex 2) for the period 2015-2016.

Councillor Thompson proposed, seconded by Councillor Edmund, that the recommendation be adopted.

Councillor Anderson informed Members that the Finance and Resources Committee had agreed to give these two centres additional funding. He was, however, disappointed in the standard of the document which had been provided. He believed that the agreement should be robust but commented that there was a degree of ambiguity with what had been produced and he expressed the view that many of the terms were weak.

Councillor Anderson proposed an amendment, seconded by Councillor Roberts, that the Service Level Agreements be referred back for further consideration.

On the amendment being put to the meeting, it was DECLARED CARRIED.

AGREED TO RECOMMEND, on the proposal of Councillor Anderson, seconded by Councillor Roberts, that the Service Level Agreements be referred back to the Committee for further consideration.

9. COMMUNITY DEVELOPMENT SERVICE DELIVERY - UPDATE ON PROGRESS (FILE 142065)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing and Head of Community and Culture detailing that in March 2015, the Council agreed to support a hybrid model of community development service delivery up to August 2015. The Council would continue to run Activity Schemes to CWC.13.05.15

June and Summer Schemes in agreed locations during July and August 2015. In tandem with current service delivery the Council agreed to undertake community consultation, initially with representatives of the three main Networks, in order to inform Community Development service delivery from September 2015. In April 2015, Members requested an update on the consultation process along with an update on the process adopted to appoint an independent facilitator.

Officers met with representatives of the three main Networks; North Down Community Network, Ards Bureau and Community Network and County Down Rural Network in March to consider a process of community consultation and engagement and service delivery for the period 2015-2016. It was agreed that an independent facilitator should be appointed to assist in the process and that consideration should be given to:

- Previous service delivery models adopted by the two legacy Councils North Down and Ards Borough Council -Current service provision through existing Networks -Community and Statutory organisations -Gaps in provision -Need and social deprivation -DSD Regeneration Framework policy -Budget restrictions

After seeking quotations from suitable facilitators Community Places was appointed as the independent facilitator, based on their proposal and experience in community engagement and Community Planning. Community Places would design and deliver facilitated workshops involving the Networks and Council Officers, to inform a report detailing the preferred approach, which would be presented initially to Corporate Leadership Team for consideration.

To date two further facilitated meetings have taken place. Also the three Networks, along with Community Places held a conference on 1 May 2015 in the Somme Centre to gain public opinion on how the Council can engage with the wider community to inform service delivery and contribute to the wider Community Planning process.

It was anticipated that the final report would be prepared by the 30 June 2015, and details would be reported to the Council for consideration.

RECOMMENDED that the Council notes the above report.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Roberts, that the recommendation be adopted.

Councillor Martin returned to the meeting.

10. PENINSULA HEALTHY LIVING

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing and Head of Community and Culture detailing that Council had received a CWC.13.05.15 letter from Jim Shannon MP, on behalf of Peninsula Healthy Living (PHL). PHL was a charitable group, which had a long term lease (99 years at £1 per annum) for office and leisure accommodation in Kircubbin Community Centre. PHL provided a service for local residents improving their health and well-being through provision of exercise classes, information and relevant courses like the Cook It programme and Boccia. They worked in partnership with other agencies and with the local community.

Jim Shannon MP had requested on behalf of PHL that:

1. The current hire charges of £9,000 per year for Peninsula Healthy Living (PHL), which operated out of Kircubbin Community Centre were waived. 2. That the maintenance of equipment owned by PHL was subsumed into the Councils overall maintenance contract, and 3. That PHL was offered first refusal of any second hand gym equipment from the Council when it was replacing its own.

Members should note that in line with Councils community facilities pricing policy PHL, as a charitable organisation, was eligible for a 25% discount on all room hire. The room hire was in respect of additional room bookings within Kircubbin Community Centre and other Council owned Community Facilities. Based on usage during 2013-2014 that was estimated at £2,500 p/a. In order to comply with section 75 legislation Council must apply appropriate pricing criteria to all user groups, as agreed by Council in December 2014 and therefore could not provide PHL preferential rates for additional room bookings.

Council could not subsume the on-going maintenance of equipment owned by a third party into its maintenance contract.

It would not be possible to give PHL preferential treatment by offering first refusal for second hand equipment. When Council was in a position to upgrade leisure and fitness equipment an open and transparent process of donating or selling equipment must be adopted in accordance with procurement requirements.

RECOMMENDED that the Council responds as detailed above.

Councillor Boyle stated that he had been surprised by the MP’s proposal, adding that he considered it to be a waste of Council officers’ time.

Councillor Martin took issue with that view and said that it could have been an error on behalf of the MP not being aware that the policy had been changed. It could have been that a group had come to the MP asking him to write to Council on their behalf. He considered that both MPs and any other elected representative had a duty to try to help in every situation and he supported that right in a democratic process.

Councillor Adair concurred with Councillor Martin’s view and said that he supported the right of any representative to approach the Council for information. He also supported the lobbying process on behalf of constituents, pointing out that Councillor Boyle had done that himself on occasion.

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AGREED TO RECOMMNED, on the proposal of Alderman Chambers, seconded by Councillor Roberts, that the recommendation be adopted.

11. LENDING OF COUNCIL EQUIPMENT TO COMMUNITY GROUPS (CG9506)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that from time to time in the past, various community and other voluntary groups made requests to Ards Borough Council to ‘borrow’ equipment that enabled them to provide community events in their areas. Examples of those events and the equipment that was loaned to them were as follows.

 Ards cycle club borrowed barriers for some of their larger events.

 Somme Heritage Centre borrowed chairs for an A Level Conference in partnership with the Ulster University

 County Down Traction Engine Club borrowed barriers, bins and litter pickers for their annual rally.

 Donaghadee Commerce Club, Peninsula Vintage Club and the RNLI all borrowed barriers for events.

Events such as those help to support the development of vibrant and sustainable communities and officers recognised that the Council may wish to assist with these events whenever possible.

That service was chargeable in order to cover costs of delivery and collection of the equipment borrowed. The cost was £15 per hour for constituted community groups, churches and other charitable organisations. The ‘hire’ of the equipment was therefore free of charge.

All groups borrowing equipment were required as part of the agreement to provide their own insurance, indemnify the Council and demonstrate that with evidence before equipment was provided.

A similar process was not in place in North Down.

RECOMMENDED that the Council provides this service across the Borough on a cost recovery basis, ensuring that the governance protocols including checks on insurance previously applied by Ards Borough Council were applied as follows:

1. Council equipment will be loaned out to Community groups, Churches and other “not for profit” organisations. Equipment will not be loaned out for individual use or trade. 2. The equipment will be reserved on a first come first served basis and the Council cannot guarantee availability. 3. The Council shall not charge for the loan of equipment, but if delivery, collection, or assistance during the event is required then a charge of £21 per CWC.13.05.15

man per hour will be charged (reduced to £15 for constituted Community Groups) this includes transport and all other charges. 4. The event organiser must sign a form indemnifying the Council against all claims arising from the use of the equipment. 5. The event organiser will be responsible for the equipment for the period of the loan and will be liable for any damage caused.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Wilson, that the recommendation be adopted.

12. NORTHERN IRELAND SUSTAINABLE ENERGY PROGRAMME

PREVIOUSLY CIRCULATED:- Report from Director of Community and Wellbeing detailing that a consultation currently being undertaken by the Northern Ireland Authority for Utility Regulation (NIAUR) may have major implications for the fuel poor. Below was some context to the consultation and the areas of key concern.

The Issues

NISEP was an energy efficiency programme which is funded by all electricity customers and was 80% targeted at fuel poor households, i.e, households which spend at least 10% of their income on maintaining an adequate level of heating at home. In 2012 the Department of Enterprise Trade and Investment announced that NISEP was to be succeeded by an Energy Efficiency Obligation (EEO). Despite a delay in the introduction of the EEO, the NIAUR signalled that NISEP would end in 2016. That caused grave concerns as ending NISEP without a suitable alternative would leave Northern Ireland with a gaping hole of £7.9 million for energy efficiency programmes, detrimentally impacting on fuel poor households and our local energy efficiency industry which bids for funding to promote energy efficiency schemes 80% of which are targeted at the fuel poor. Alongside that development, another initiative, namely the Household Efficiency and Thermal Improvement Programme (HEaT) was ‘floated’ through the office of the First Minister and Deputy First Minister which appeared to be very similar to a grant based programme but not necessarily suitable for the fuel poor. Little detail of the scheme was yet in the public domain.

The consultation essentially proposed an extension to the NISEP for one year to 2017.

Currently the NISEP scheme was funded by a flat rate tariff on electricity paid equally by all users. The NIAUR consultation at the request of DETI was to alter how the NISEP tariff was collected so that the burden per unit used falls more towards the domestic user rather than large industrial users. Currently an average domestic customer contributed £3.40 to the fund per year, but the proposed amendments would increase that almost three fold to £9.21. That would be a very detrimental outcome for the fuel poor, as fuel poor households use more than the average domestic user due to the need for secondary heating sources such as electric fires. That was evidenced in a project National Energy Action (NEA) carried out in the Whiterock area in 2013.

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RECOMMENDED that the Council responds to the consultation from the Northern Ireland Authority for Utility Regulation making the following points:

1. The Northern Ireland Sustainable Energy Programme (NISEP) must continue until such time as a suitable alternative scheme is introduced which maintains a high percentage of ring-fenced activity deliberately targeted at low income households in fuel poverty.

2. The current tariff placed per KWh is maintained in its current form so as not to further disadvantage the fuel poor.

AGREED TO RECOMMEND, on the proposal of Councillor Thompson, seconded by Councillor Roberts, that the recommendation be adopted.

13. INDEMNIFICATION OF HEALTH AND SAFETY OFFICERS

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that in accordance with the Scheme of Delegation as approved by North Down and Ards District Council on 31st March 2015, The Director of Community and Wellbeing has authorised all current Environmental Health Staff to carry out the functions of an inspector within the terms of the Health and Safety at Work (NI) Order 1978.

The officers authorised by the Director of Community and Wellbeing were authorised in accordance with central government guidance on the requirement for authorised officers to be deemed competent under Article 21 of the Health and Safety at Work (NI) Order 1978 and carry into effect the relevant statutory provisions as defined by that order within the Council’s field of responsibility and may in that connection, exercise the powers conferred on an inspector by:- i. Articles 22,23,24,25 (6) and 35 of the Order ii. Any Health and Safety Regulations as referred to in Article 17 (1) of the Order iii. The provisions of the Acts which are within the Council’s field of responsibility and of any regulations, orders or other instruments of legislative character made or having effect under any provisions which are within the Council’s field of responsibility and are specified in Schedule 1 of that Order.

As authorised officers were personally liable for damages arising through any acts or omissions resulting from the exercise of their powers, Article 28 of the Health and Safety at Work (NI) Order provided for the Council to indemnify officers against such damages and costs.

Article 28 states that: ”In order to address a situation where an action may be brought against any of the authorised officers in respect of an act done in the execution or purported execution, of any of the relevant statutory provisions, and the circumstances are such that they are not legally entitled to require the Council to indemnify them; the Council will nevertheless indemnify them against the whole of any damages and costs which they may have been ordered to pay, or may have incurred where the Council is satisfied that they honestly believe that the Act CWC.13.05.15 complained of was in their power and that their duty as an inspector required or entitled them to do it”.

RECOMMENDED that the Council indemnifies authorised officers in accordance with Article 28 of the Health & Safety at Work (NI) Order 1978.

AGREED TO RECOMMEND, on the proposal of Councillor Anderson, seconded by Councillor Martin, that the recommendation be adopted.

14. SPORT PAVILION REFURBISHMENT PROGRAMME

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that over the past number of years the legacy councils in the Ards Borough and North Down Borough have carried out refurbishment works to the Councils Sport pavilion estate.

The continuation of that programme of works for the summer of 2015 was proposed to ensure that the Council’s provision was maintained throughout the Borough.

It was proposed to undertake work at a number of sites on the peninsula. That work was based on the results of the annual condition survey which was conducted by the estates department. A capital sum of £65,000 had been dedicated to those projects within this year’s budget.

Following the decision to withdraw the 3G pitch proposal for Portavogie it was also proposed to carry out additional work which would benefit the clubs at Portavogie and nearby soccer clubs. That work would had been carried out at some stage in the future, most likely the summer of 2016 or 2017 but it was felt that, given the disappointment of the local football community in regard to the 3G pitch it would be appropriate to utilise some of the designated capital from this year’s budget towards refurbishing the pavilions at Donaghadee, Portavogie, Ballywalter, Cloughy Rd and Millisle.

It was estimated that the additional work would require in the region of £60,000 and if completed would result in a significant improvement to the standard of provision across the estate. It was proposed to reallocate assigned Council funds from the 3G pitch project to those schemes.

Members would be aware that there were already well developed plans for projects which would enhance provision in Holywood, Seapark and Ward Park and it was intended that those schemes would be developed further in the coming months.

RECOMMENDED that Council approves the refurbishment programme in regard to sport pavilions in the above locations with an estimated capital expenditure of approximately £125,000 for work to be carried out during 2015/16.

Councillor Adair gave his support to the recommendation since many of the pavilions had not been upgraded for years and would greatly benefit from the investment in facilities.

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The Head of Leisure Services reported that all pavilions were audited on an annual basis and those with the lowest score would be refurbished first. The money which had been budgeted for the 3G project was now to be used for upgrading works. The remainder would provide capital investment for future years. Work would be timed to be carried out in the quieter summer months before the new season started.

On closing the discussion, Councillor Adair referred to the proposed 3G pitch at Portavogie and said that he would not let that matter rest until that scheme was delivered.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Menagh, that the recommendation be adopted.

15. IN BLOOM FUNDING ALLOCATION (FILE CG11101A)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that in order to support local community groups with providing floral displays in their respective areas, the Council recently placed an advert in the local press inviting groups to apply for In Bloom funding.

The following applications had been received:-

 Ballygowan and District Community Association £250.00 for creating an intergenerational community flower bed in the grounds of Ballygowan Community Centre. Furthermore, the group were requesting Council approval for creating the bed on Council property.

 Millisle and District Community Association £1,000.00 requested for planting to be carried out in the Millisle Community Garden. Insurance cover was in place.

 Portaferry In Bloom £1,000 requested for continued planting and maintenance in Portaferry. That funding applies to 100% of project. Additional request for £135.00 insurance grant.

 Ballywalter Community Action Group £985.80 requested for continued planting in the Peace and Memorial Garden in Ballywalter. This funding applies to 100% of the project. Insurance cover was in place.

 Greyabbey and District Community Association £998.00 requested to place floral display planters at the water pump in Greyabbey and at the entrance to the Abbey. This funding applied to 100% of the project. Insurance cover was in place.

 Helens Bay and Crawfordsburn Residents Association £300.00 requested for floral work associated with the Helens Bay and Crawfordsburn village plan. This funding applied to 75% of the project costs. Insurance cover was in place. CWC.13.05.15

 Rathgill Community Association £1,000 requested for hanging baskets and planters throughout Rathgill Estate, Bangor. This funding applied to 100% of the project. Insurance cover was in place.

Members should be aware that budget provision was available to meet the funding levels.

RECOMMENDED that the above applications are approved subject to appropriate insurance cover being submitted. In addition, it was recommended that Ballygowan and District Community Association were permitted to create a flower bed at Ballygowan Community Centre.

Alderman Chambers welcomed the report and the grants to be awarded. He asked for consideration to be given to the application process and how it was advertised. For some it had proved impossible to fulfil the criteria within seven days and so it was therefore unfair. He considered that such a short turnaround made Council look unprofessional.

The Director replied that in Ards which had run the scheme previously the process had started earlier and had been delayed slightly this year due to the amalgamation of the two Councils, but if the call for expressions of interest had been longer, this would have had a knock on effect for getting the report for approval of applications to Committee in time for awards to be made before the planting / growing season. It was not expected that this would happen in future years.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Menagh, that the recommendation be adopted

16. TEMPLECRANNY CEMETERY RESTORATION (FILE OS10995)

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that in partnership with the Northern Ireland Environment Agency (NIEA) a programme of vegetation removal took place on the scheduled monument church ruins located in both Whitechurch Cemetery and Templecranny Cemetery.

The vegetation removal had exposed the stonework of the ruin and that had shown a need for major repointing to be carried out in order to preserve the site in its current state. Failure to carry out the repointing would lead to a further deterioration of the ruins and subsequently may render the sites unsafe for public access in the future.

The repointing of Whitechurch Cemetery had been completed and the work had been signed off as satisfactory by NIEA.

In continuing the partnership working with the NIEA, they had proposed a further match funding project to carry out the restoration of the stonework for Templecranny Cemetery. As a result, the works had been specified and the following quotations sought for the project from companies who quoted for the initial Whitechurch restoration project. Only one quote was received as follows:- CWC.13.05.15

 Rooney Stone - £19,500.00 inc VAT  Benchmark Stone – no quote provided  Charlie Cousins – no quote provided

The restoration work was of a specialised nature and the above companies were approved by NIEA as competent. As a result, no further quotes were available.

Budget of £10,000 had been allocated by Ards and North Down Borough Council for the project for 2015/16 for the project and NIEA were offering up to £10,000 towards the project.

RECOMMENDED that the Council accepts both the quotation submitted by Rooney Stone for the sum of £19,500.00 including VAT, and the funding from the NIEA, and also agree to release the funding to enable the restoration project at Templecranny Cemetery to be carried out.

Councillor Boyle congratulated officers and staff for the major clean-up which would be taking place. It was also good to note that almost 50% of the funding for that work would be coming from external sources.

Councillor Kennedy also welcomed the restoration project. He reminded Members that it was important to develop a comprehensive tourism strategy for the area. There was a rich history to the area leading back to before the Plantation of Ulster and a wealth of information which residents of the Peninsula were unaware of.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Edmund, that the recommendation be adopted.

17. NORTHERN IRELAND AMENITY COUNCIL

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing detailing that over the past number of years the legacy councils in the Ards Borough and North Down Borough had been affiliated to the Northern Ireland Amenity Council (NIAC).

One of the roles of the (NIAC) was to facilitate the Best Kept Awards, in which both legacy councils had actively participated. In addition to managing the Best Kept Awards, the NIAC also assisted schools and communities in carrying out environmental improvement schemes and programmes.

In the past the affiliation fee had been £750 per Council area per year. The figure had remained static since 1999. Recent correspondence from the NIAC had informed Council that the new affiliation fee for the new Council area would be £2,300 annually. Members should be aware that the Council’s main engagement with NIEA was in entering towns and villages in the Best Kept Awards.

The NIAC had offered to present to Council on the aims and objectives of the NIAC.

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In addition to the affiliation fee, application fees were required to enter a town or village into the Best Kept Awards. Affiliated members were levied a lower entry fee than non-affiliated.

The entry fees were as follows:-

Category Member Fee Non Member fee Large Town £30 £90 Medium Town £30 £90 Small Town £25 £75 Large Village £20 £60 Small Village £15 £45

Applications had been submitted by Ards and North Down Borough Council to participate in this year’s awards based on the affiliated member fee. Notification of the increase fee came after the application process.

Entries had been made for the following areas:-

Category Location Member Fee Non Member Fee Large Town Bangor £30.00 £90 Large Town Newtownards £30.00 £90 Large Town Comber £30.00 £90 Large Town Donaghadee £30.00 £90 Medium Town Holywood £30.00 £90 Small Town Portaferry £25.00 £75 Large Village Crawfordsburn £20.00 £60 Large Village Helens Bay £20.00 £60 Large Village Groomport £20.00 £60 Large Village Conlig £20.00 £60 Large Village Cloughy £20.00 £60 Membership £2,300.00 £0.00 Total Fees £2,575.00 £825.00

Members would note that the new affiliated member fee of £2,300 together with member entry fees, was somewhat higher than the combined Best Kept Awards entry fee, based on non-member entries being made for the Best Kept Awards. Currently, the budget provision was based on the previous membership fee and historical entry fees which would have resulted in a cost of £1,775.

In not renewing the Council membership with NIAC, there was a saving of £1,750 based on the present levels of entries from the Council. It was not clear what benefit the Council received for this additional cost, although Officers would engage with NIAC in regard to future years affiliation and budget setting.

RECOMMENDED that the Council does not renew the affiliation with the NIAC for the 2015/16 year but that the Council approves the non-member fees for the above locations in entering the Best Kept Awards for 2015.

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AGREED TO RECOMMEND, on the proposal of Councillor Thompson, seconded by Councillor Martin, that the recommendation be adopted.

18. FINANCIAL ASSISTANCE REQUESTS

PREVIOUSLY CIRCULATED:- Report from the Director of Community and Wellbeing and Head of Leisure Services detailing that Members would be aware that it was previously agreed to form an Advisory Panel whose remit included administering small sports grants on behalf of Ards and North Down Borough Council. The body was in the early stages of formation, however in the interim Council had continued to receive requests for financial assistance to attend sports competitions.

So as not to compound the financial burden for athletes travelling to competitions, Officers had continued to process grant applications with Council approval in keeping with previous legacy procedures until new arrangements are in place. Further applications received were as follows.

Name Address Representing Competition Location Date Emma Kee Ballygowan Ulster Junior Cork 18/4/2015 Interprovincial Table Tennis Championship Emma Reid Donaghadee Swim Ireland European Baku, 23-27/6/15 Games Azerbaijan Frazer Newtownards Ulster Hockey U17 Lilleshall May 2015 Carnduff Shannon Comber NI British Schools Fenton 2-3/5/15 Armour Sports Manor, Acrobatics Stoke Finals

Hannah Eakin Comber NI British Schools Fenton 2-3/5/15 Sports Manor, Acrobatics Stoke Finals Georgia Boyce Ballygowan NI British Schools Fenton 2-3/5/15 Sports Manor, Acrobatics Stoke Finals Tamzin Boyce Ballygowan NI British Schools Fenton 2-3/5/15 Sports Manor, Acrobatics Stoke Finals Laura Carr Ulster Irish Limerick 8-10/5/15 Championship Alexandra NI British Schools Fenton 1-2/5/15 Garrett Sports Manor, CWC.13.05.15

Acrobatics Stoke Finals Kirsty Oliver NI British Schools Fenton 1-2/5/15 Sports Manor, Acrobatics Stoke Finals Sophie Oliver NI British Schools Fenton 1-2/5/15 Sports Manor, Acrobatics Stoke Finals Matthew Ulster U16 3 test Lilleshall 1-4/5/15 Crookshanks Series Hockey Rakia Alouane NI ITF European Andria, 27/4 to Championships Italy 3/5/2015 Taekwondo-Do Andrew Morton NI ITF European Andria, 27/4 to Championships Italy 3/5/2015 Taekwondo-Do Sarah NI ITF European Andria, 27/4 to Seawright Championships Italy 3/5/2015 Taekwondo-Do Victoria Ireland World cadet & Tashkent, 1-9/4/2015 Duxbury Junior Fencing Uzbekistan Championships U20 Sofia NI World Surf Galicia, 28/6 to Lazarescu Kayak Spain 5/7/15 championships Emil NI World Surf Galicia, 28/6 to Lazarescu Kayak Spain 5/7/15 championships

Sofia NI Ocean Spirit Santa 18-25/7/15 Lazarescu World Waveski Cruz, Cup Portugal Championship Emil NI Ocean Spirit Santa 18-25/7/15 Lazarescu World Waveski Cruz, Cup Portugal Championship

RECOMMENDED that as the criteria for financial assistance for sporting purposes had been fulfilled the sports grants in accordance with existing policies relating to the location of the participants event and are approved by Council.

The Director indicated that the two legacy Councils had had different policies in place in relation to this area and a simplified approach would be taken going forward.

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Councillor Roberts asked if the award required acknowledgement of support from the Council and were any other responsibilities imposed. The Director replied that the sums of money were small and no requirements were put in place.

Councillor Martin believed that there was a civic role which the Mayor could undertake. In the past officers had flagged up athletes who would be representing their country and the Mayor invited them for small receptions such as afternoon tea with their family and friends. This was a way of celebrating individual or group success and was a source of encouragement which was appreciated.

Members were in agreement that it would be important to implement such a system.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Boyle, that the recommendation be adopted.

19. CONSULTATION DOCUMENT

19.1 Revised Minimum Care Standards for Nursing Homes

PREVIOUSLY CIRCULATED:- Copy correspondence dated 13th April 2015 from the Department of Health, Social Services and Public Safety.

AGREED TO RECOMMEND, on the proposal of Councillor Thompson, seconded by Councillor Boyle, that the consultation document be noted.

FURTHER AGREED TO RECOMMEND, on the proposal of Councillor Thompson, seconded by Councillor Edmund, that Council write a letter to the Regulation and Quality Improvement Authority for information on unannounced checks and information on rating system.

20. NOTICE OF MOTIONS

20.1 Notice of Motion submitted by Councillor Boyle

Councillor Boyle said that it was important to stress that early years education was the cornerstone of society and the basis of a good economy and social development. Recent cuts in funding were deep and the sustainability of many groups was being put at risk. The results were that many children were being penalised from an early age and that some groups may come to Council seeking help.

Councillor Martin fully supported Councillor Boyle’s Notice of Motion. He had worked in this area for some time and pointed to a specific problem of underachievement in disadvantaged Protestant boys. CWC.13.05.15

(Councillor Adair left the meeting at 8.10 pm).

In the first four years of life brain development was huge. Councillor Martin suggested that there would be other ways of prioritising money. He recognised that the Government deficit was significant and the interest payments on that were £50 billion annually and so this therefore needed to be reduced to create long term prosperity. The deal for Northern Ireland was better than other regions of the United Kingdom.

(Councillor Adair returned to the meeting at 8.14 pm).

Councillor Roberts agreed that investment in young children aged 1-4 years was a small amount which could pay dividends. It was short sighted not to view it in that way.

AGREED TO RECOMMEND, on the proposal of Councillor Boyle, seconded by Councillor Edmund, that this Council notes that investment in early education benefits our society and economy enormously; further notes how the Department of Education’s Early Years Fund contributes towards this; expresses it concern about the proposed reduction of £1.71 million to the Early Years Fund and the risks this poses to 177 jobs and 2500 early childhood places, including over 620 children with special needs and calls on the Minister for Education to ensure this Fund is protected against cuts.

20.2 Notice of Motion submitted by Councillor Martin and Alderman Irvine

“That this Council calls for new legislation to tackle the sale of New Psychoactive Substances (also known as ‘legal highs’) and writes to the Home Secretary to ask that this legislation be expedited as quickly as possible. It further requested a report from Officers on the sale of NPS within the Borough and whether action could be taken against these sellers (similar to that adopted by Belfast City Council last year) to prevent further sale of these extremely dangerous drugs.”

Alderman Irvine spoke passionately about the harmful effects of these substances and the real struggle that was being faced by stopping manufacturers filtering these down to communities. He referred to Adam Owens for whom he sent his heartfelt sympathy to his family and friends. He said that more help was needed to tackle the problem.

Belfast City Council had taken a proactive role and had been given permission to seize what could be ‘legal highs’ and he looked forward to a report on how this Council could do likewise. Ards and North Down could not let down those who had lost loved ones.

Councillor Martin shared this view and gave his condolences to Adam’s family. He said that lots of small actions could lead to large outcomes. He praised the stance taken by the Republic of Ireland who had banned nearly everything with certain exemptions.

CWC.13.05.15

Members in the Chamber stood in turn to condemn the sale and supply of ‘legal highs’ and offered their sympathy to the Owens family.

Councillor Anderson questioned a society which drove young people to take these substances. He referred to a time when he had lived in Dublin when the Republic of Ireland had banned such substances and 210 shops had closed overnight. He encouraged the British government to do the same.

Councillor Boyle supported the Notice of Motion and thanked the Alderman for bringing it to the table. He believed that education should be given to young people to inform them of the risks they were taking.

Councillor Kennedy concurred with the comments of the previous speakers. He had nothing but contempt for those who dealt in these substances. Those who knowingly traded on something that they knew had the potential to destroy lives. It angered him that people were allowed to do this. He added that the response to Adam’s death had been phenomenal and he had a sense of hope that it was being led by young people.

Alderman Chambers referred to Adam’s parents who had said that while they could not bring their own son back they had pleaded for more help with statutory services and therefore he proposed the following addition to the Notice of Motion:-

“and call for formal help from the Department of Health to be established to get young people off these substances.”

The proposer and seconder agreed to add this to the motion.

AGREED TO RECOMMEND, on the proposal of Alderman Irvine, seconded by Councillor Martin, that this Council calls for new legislation to tackle the sale of New Psychoactive Substances (also known as ‘legal highs’) and writes to the Home Secretary to ask that this legislation be expedited as quickly as possible. It further requested a report from Officers on the sale of NPS within the Borough and whether action could be taken against these sellers (similar to that adopted by Belfast City Council last year) to prevent further sale of these extremely dangerous drugs and call for formal help from the Department of Health to be established to get young people off these substances.

Councillors expressed a public message for the Owens family saying that they had heard them and wanted to work with them to make a difference for the future.

21.1 EXCLUSION OF PUBLIC/PRESS

RESOLVED on the proposal of Councillor Thompson, seconded by Councillor Edmund, that the public/press be excluded from the meeting during the discussion of the undernoted items of confidential business.

CWC.13.05.15

22. APPROVAL OF PCSP INTERVIEW PANEL RECOMMENDATIONS (Appendix IV)

Please note Delegated Powers were awarded at the Council meeting held on 29th April 2015 to deal with this item.

*** NOT FOR PUBLICATION ***

Schedule 6 – Information which is likely to reveal the identity of an individual.

23. OPTIONS APPRAISAL: MANAGEMENT OF LEISURE FACILITIES AND SERVICES - PRESENTATION BY MR STEVE LAIRD, DIRECTOR OF V4 SERVICES

The Chair advised that the above item had been withdrawn and a Special meeting of the Committee was scheduled for Wednesday, 20 May 2015 at 7 pm to deal with the item.

NOTED.

23.1 RE-ADMITTANCE OF PUBLIC/PRESS

RESOLVED, on the proposal of Councillor Boyle, seconded by Councillor Smart, that the public/press be re-admitted to the meeting.

24. ANY OTHER BUSINESS

There were no more items of business.

25. TERMINATION OF MEETING

The meeting terminated at 8.58 pm. ITEM 7.6

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Regeneration and Development Committee was held in the Council Chamber, 2 Church Street, Newtownards on Thursday, 14 May 2015 at 7.00pm.

PRESENT:

In the Chair: Councillor T Smith

Other Members: Deputy Mayor McClean (7.25pm) Aldermen Girvan (Vice-Chairman) M Smith

Councillors

Adair Cummings Roberts Allen Ferguson Walker Armstrong-Cotter Gilmour Cathcart Menagh

Officers: Director of Regeneration, Development and Planning, Head of Regeneration, Head of Economic Development and Tourism and Temporary Committee Administrator

1. APOLOGIES

Apologies were received from Alderman McDowell and Councillors Cooper and Leslie, and Councillor McClean (for lateness).

2. DECLARATIONS OF INTEREST

The Chairman (Councillor T Smith) asked for any declarations of interest and none were advised.

3. DEPUTATIONS

3.1. Theatre Feasibility Study

The Chairman advised Members that this item had been withdrawn prior to the meeting. It was hoped the deputation could attend the meeting of the Committee in June.

3.2. DSD Presentation

The Chairman welcomed Mr Damian Mulholland, Department for Social Development (DSD) to the meeting and invited him to make his presentation.

Mr Mulholland thanked Members for the opportunity to address them and proceeded to inform them about the proposed development of Queen’s Parade, Bangor. He noted the following salient points:- RDC. 14.05.15

 Some years previously, a developer had purchased lands encompassing Queen’s Parade, Bangor with a view to developing the site, however due to financial constraints the developer had been unable to do this.  A Masterplan for Bangor had been prepared and had included the site at Queen’s Parade.  The Department subsequently took over the site with the intention of developing it – full planning permission had also been granted.  All properties within the boundary of the development site had been purchased except for four. One of these was a residential property and the other three were retail – lengthy negotiations were on-going to acquire these properties.  The Department had to decide whether it was going to issue a compulsory purchase order to acquire the four outstanding properties. It would have to demonstrate that the land was essential for the development scheme and would also have to issue a vesting notice, notifying of the potential for a Public Enquiry (if a purchase could not be achieved through negotiations).  Currently, there were two objections to the scheme. The first was in respect of a residential dwelling whose owner occupier did not wish to sell their property. The second objection was from a retailer who had expressed concern about the number of existing empty retail units and hotel and whether more retail units and hotels were actually necessary.  To alleviate these concerns, the Department had planned to hold a Public Enquiry in September or October 2015, lasting two to three days. The Enquiry was for the sole purpose of addressing the two objections stated above and the Commissioner at the Enquiry would address the objections and make a decision on how to go forward.  The Department was also in negotiations to acquire the residential property and it was hoped this could be settled prior to the Public Enquiry.  In April 2016 Queen’s Parade would become an asset of the Council. It was essential that the Department’s plans tied in with the Council’s plans and economic development needs. As such, the Marine Gardens car park (for which the Council had a 60 year lease) would be included in the development brief – a planning application for this had been submitted as part of the Queen’s parade and Marine Gardens Development. The Department was working with the Council to develop a joint brief.  The Destination Building could be designated for any purpose and ultimately this would be decided by the Council.  Once the development brief was agreed, the Department would invite responses from developers, the deadline for which was March 2016. These responses would then be brought to the Council for consideration. From April 2016 onwards the Department would no longer be involved in the decision-making part of the process and all decisions would be made by the Council.  The Department would bring in a team of consultants in September 2016 by which time the development brief for Queen’s Parade should be completed.

The Chairman thanked Mr Mulholland for his presentation and welcomed questions from Members. The following comments were made:-

 The cost of the site to date had been approximately £8-10 million; therefore the asset value to the Council, when it was transferred to the Council in September 2015 would be £10 million. RDC. 14.05.15

 There were four properties within the development boundary that the Department was still trying to acquire. One of the properties (Southwell Road) was residential, the other three were retail. The Department was currently in negotiations to acquire these four properties. Following acquisition, the Department would retain the existing tenants in order to keep the shops occupied and prevent any further vacant properties.  The site had originally been purchased for £18 million by a developer who had borrowed the funds from the bank, and was then unable to develop the site. Subsequently the Department was able to purchase the site from the bank for £4.1 million and had spent approximately £10 million to date. Mr Mulholland advised that this asset would continue to increase in value.

At this stage in the meeting, Alderman Girvan asked for clarification about the Destination Building. The Director advised that the purpose of this building remained undecided and would depend on the results of the feasibility study. Possible uses had been suggested for the building such as, a theatre, the Council’s or a business headquarters, or a mixed use building. She continued that the decision about the purpose of the building had deliberately been postponed so that consideration could be given to market conditions and a suitable response made when the time came.

 In response to a query about whether there was still time to change the facility mix, Mr Mulholland advised that thorough studies had been done and the facility mix subsequently developed was evidence based, in response to demand.  The Destination Building was the only element of the development that had been kept unspecified, so that its purpose could be designated in response to market conditions. The purpose of the building would be decided by the Council.  Councillor Walker expressed concern that significant retail space in Bangor was currently vacant and he queried whether other uses could be suggested for the development. Mr Mulholland advised that there was scope for the Council to make changes to the development, however most of the elements were set and the decision to include them was evidence based. He added that demand may change in the future and the Council could amend the facility mix to respond to this.  Mr Mulholland believed that developers would be attracted to the area with the knowledge that the Council would be investing in developing the Marine Gardens, and also because of the public realm work already carried out.  A full set of plans, showing what the Council had planned, was available to view online, and this would be particularly useful in informing and attracting potential developers. In addition, the plans would go out for public consultation.  Alderman Smith queried whether a time delay could be caused by a developer wishing to considerably amend the plans. Mr Mulholland advised that a time delay would not be caused as the public consultation was part of the assessment process and therefore time had been allowed for this in the schedule.

(Councillor McClean entered the meeting at this stage – 7.25pm).

 In respect of the acquisition of the residential property within the development site, Mr Mulholland reported that the Department remained in negotiations with the current owner. The preferred conclusion to the negotiations would be a RDC. 14.05.15

mutual consent deal, however if this was not achievable the matter would be dealt with by way of a public enquiry at which the Commissioner would make a final decision. Vesting would occur in September 2015 by way of a compulsory purchase order and this could only be delayed if the Department had not followed due process. He clarified that a planning appeal would not increase the amount awarded to the property owner, who would be entitled to the market value plus 10%.  Reference was made to the properties purchased by the Department on Main Street, Bangor. Mr Mulholland advised it was the Department’s intention to keep these retail properties open and occupied for as long as possible.  The Department currently received £4 million funding per annum, and this funding would transfer to the Council in September 2015. At present, the Department had spent the funding on the public realm schemes, investment in the Kilcooley Estate and deprived areas of Newtownards, and investment in the Harbour Ward.  The Department had not made any commitments for 2016 yet, however it was anticipated that £3-400,000 funding would be set aside for investment in deprived areas of the Borough.

The Director advised that the Council would have to develop a phased plan, factoring in any budget or other constraints. She reminded Members that, from April 2016, the Council would be in receipt of rental income as the ownership of properties currently owned by the Department would be transferred to the Council. This income would provide the Council with additional finance for the life of each business tenancy.

4. ARDS ECONOMIC DEVELOPMENT AND SIGNAL ANNUAL ACTIVITY REPORT 2014-15

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning stating that Ards Borough Council’s Economic Development Unit and SIGNAL had supported the development and growth of businesses across the Boroughs by a series of direct interventions, partnering with other organisations and collaborating with other Councils to optimise funding opportunities.

The information below covered the activity which had taken place in 201 4-15 and detailed the various programmes, direct interventions and collaborative projects and was summarised by each legacy Council and, as appropriate, as a joint activity.

Ards Economic Development

Business Support Services

Support across the Ards Borough had been provided to assist business growth through one-to-one business visits, encouraging business partnerships and engagements with partners, arranging economic exchanges and sourcing potential RDC. 14.05.15 external funding sources, against the following targets:-

Activity Target No Participants Recruitment of Business 50 213 onto Programmes Contact with businesses – 300 250* Email, meetings, events Visits to companies 30 15*

*Target had not been met due to other demands of project delivery such as: Down Rural Area Partnership Council Harbours and South East Area European Fisheries Fund projects and the absence from October 2014 to January 2015 of the Economic Development Officer due to illness.

Joint projects with Ards Business Centre

From April 2014 – March 2015 the Economic Development Unit had provided business support and advice to potential and current businesses including signposting to organisations and government agencies and informing local business of available funded programmes.

A range of business development programmes had been delivered with partner stakeholders as detailed below; in particular Ards Business Centre, DEL and other government agencies.

Business Development Programmes Target No Participants October 2014 to March 2015 Master Classes 1-2-1 Mentoring 15-20 31

Young Business Club 15 5 males 12 females

Social Enterprise Toolkit & Assistance 3 5

Exploring Enterprise 2 Programme 10 10 completed the programme - 9 gained qualification

Investors in People

From January – March 2015 the Economic Development unit had worked jointly with the Department for Employment and Learning (DEL) to promote and recruit for the Investors in People Company Group Scheme. The scheme was a business improvement tool designed to help employers improve performance by linking people development and skills acquisition to the specific aims and objectives of their RDC. 14.05.15 businesses, to assess and improve the performance of their employees.

Investors in People Target 2015 Actual 2015 Programme Investors in People 8 9

Ards & North Down joint participation in SEED Projects

SEED was a consortium of Councils aimed at supporting local businesses by promoting Sustainable Enterprise through a series of Programmes. The consortium included the following Councils: Ards, Armagh, Banbridge, Craigavon, Down District, Newry and Mourne and North Down Borough Council..

The SEED projects were part funded by Invest NI and the European Regional Development Fund under the sustainable Competitiveness Programme for Northern Ireland and the consortium of SEED Councils and progress was as follows:-

SEED Programme No Participants Status

Food 2 Follow 7 Completed March 2015

Energy Connections 5 Completed March 2015

Creative Economy Exporting 20 Completed December 2014

The Bright Idea – Young 15 Completed June 2014 Entrepreneurs

Digital Development – 3 elements Due to complete June - #OptimiSE 27 2015 - Digital Pre-Start 2 - Digital Grow 5

Family Business Programme 8 Due to complete June 2015

Options Programme 7 Due to complete June 2015

Source & Sell 8 Due to complete Dec 2015

Sales4Success 7 Due to complete June RDC. 14.05.15

2015

Ards & North Down joint participation in East Border Region projects

The East Border Region (EBR) had comprised of ten local authorities: Ards, Armagh City and District, Banbridge, Craigavon, Down, Newry and Mourne, and North Down Borough Council in Northern Ireland and Louth, Monaghan and Meath County Council in the Republic of Ireland.

The EBR projects were part financed by the European Union’s INTERREG IVA Cross Border Programme managed by the Special EU Programmes Body. The progress of each project was as follows:-

East Border Region No Participants Status

Aspire Graduate Programme 3 Due to complete Sept 2015 iOTA Strand A 28 Completed Strand B 27

Plato Clusters & Networks 13 Completed

Smart Eco Hub 5 Completed

STEM II 12 Completed

Life Sciences 5 Completed

SIGNAL Centre of Business Excellence

SIGNAL provided a suite of support to encourage enterprise, growth and innovation. Local businesses benefitted from 1:1 confidential business advice, business intelligence service, signposting to other support agencies and workshops, advice sessions and mentor based programmes. Feedback and requests from businesses throughout the year were gathered and a programme was created based on the needs of the client base, providing knowledge and skills which impacted the personal development of owner managers and the growth of their business.

RDC. 14.05.15

Business Support Services – Advice and Research

From April 2014-March 2015 businesses had sought the assistance of the business support team across a wide variety of topics. The assistance varied from signposting through to working on a longer term basis to help clients with marketing and business plans. The services had the following take up:-

№ Clients / Service Projects Target Apr 14 - Mar 15

Business Advice 89 80

Market Research 115 100

Business Support Services – Information & Communication

In addition to the Business Advice and Research Service SIGNAL supported businesses by keeping them updated on a variety of areas including business support programmes, marketing and development opportunities, changes to legislation, and opportunities for grant funding and assistance.

No. Issued Information Service 2014 - 2015

North Down Monthly 12 Business Newsletter

Individual Business Ezines 65

In March 2015 SIGNAL had had 981 subscribers to the online newsletter and email service.

Launchpad to Growth Programme 2014-15

№ № № № Businesses Participants Businesses Participants Event Type attending attending Apr 14 - Mar Apr 13 – Mar 15 14 RDC. 14.05.15

28 48 Flagship 70 65 (1 event) (1 event)

Know How 24 30 68 70 Modules (2 events) (6 events)

Breakfast Bite 45 54 Sessions/Advice 53 50 (3 events) (4 events) Sessions

Masterclass 46 56 N/A N/A Sessions (2 events)

60 Connect@SIGNAL 70 N/A N/A (5 events) (Networking)

TOTAL 203 279 170 185

(Note: Some companies had attended more than one event and the figures reflected each time they had attended)

Student Enterprise Support

In addition to the above business events programme, two events had been held as part of the Launchpad to Growth Programme which had been aimed towards students in the Borough:-

. Entrepreneurship within the Tourism Industry (in partnership with YENI) in which 81 students had attended from Rockport, Bangor Academy, Glenlola, Glastry College and SERC. . Running Your Own Business (in partnership with NDDO and YENI) – 15 students from SERC had attended.

CLIENT SATISFACTION

The overall level of satisfaction and the impact of the knowledge acquired in the Breakfast Bite Sessions 2014-15 was scored by attendees as follows:-

RDC. 14.05.15

Breakfast Bites - Overall Level of Satisfaction 0% Excellent - 27% 13% 27% Very Good - 56% Good - 13% 56% Average - 0% Poor - 0%

Know How Modules

Three Know How Modules had been held on the topics of “The Art of Press Releases”, “Pricing Strategies for Growth & Profit”, and “Dealing with Late Payments Tools & Techniques”.

The overall level of satisfaction and the impact of the knowledge acquired in the workshops 2014-15 was scored by attendees as follows:-

Know How Modules - Overall Level of Satisfaction 4% 0% Excellent - 50% 50% Very Good - 47% 47% Good - 4% Average - 0% Poor - 0%

Masterclasses

Two Masterclasses had been held on the topics of “Leaders – Aligning Your Goals” and “Raising Finance Through Crowdfunding”.

The overall level of satisfaction and the impact of the knowledge acquired in the Masterclass sessions 2014-15 was scored by attendees as follows:-

RDC. 14.05.15

Masterclasses - Overall Level of Satisfaction 0% Excellent - 46% 17% 46% Very Good -39%

39% Good - 17% Average - 0% Poor - 0%

Summary of Launchpad to Growth Programme

. From April 2014 – 2015 the Launchpad to Growth Programme (including the Connect@SIGNAL networking events) had engaged and assisted over 200 businesses.

. The average satisfaction level, for events, as rated by the businesses, had been 89% Excellent or Very Good.

. From April 2014 – March 2015 the Launchpad to Growth Programme had generated over £2,000 on free PR coverage.

Programme Income Generation

The SIGNAL Programme of support had generated the following income:-

Target Actual Target Actual Income Generation 2014-15 2014-15 2013-14 2013-14 SIGNAL Flagship Event £2,000 £633 £2,000 £1,000 Modules & Programmes £4,000 £5,765 £4,000 £1,700

North Down Participation in COMET Projects

COMET was a partnership of the six economic development units of local Councils within the Belfast Metropolitan Area including North Down Borough Council.

Gateways To Growth

Funded by the European Union’s Regional Development Fund through the INTERREG IVA Programme and managed by the Special EU Programmes Body (SEUPB), the Gateways to Growth Programme had brought together over 300 SMEs from Northern Ireland and the border regions of Donegal, Louth, Monaghan, Leitrim, Sligo and Cavan at a range of skills development workshops and two large scale Meet the Buyer events.

RDC. 14.05.15

Businesses availing of the programme had developed their skills set through sales and networking workshops and access to business to business support through the Chamber network, Meet the Buyer events and enhanced their company profiles through the creation of a high value cross border network.

Phase1:Meet the Buyer Phase 2:Meet The Buyer Events Events & Workshops COMET Project & Workshops No of Businesses No of Businesses

Gateways to 4 8 Growth

Boot Camp

Funded through the European Regional Development Fund under the INTERREG IVA Structural Funds Programme, the Business Boot Camp Programme had been a results-focused programme which aimed to provide practical assistance to young entrepreneurs to consolidate and grow their businesses.

Year 1 Year 2 Year 3 COMET Project No of No of No of Participants Participants Participants

Business 3 6 4 Bootcamp

Accessing Croatia

SIGNAL, North Down Borough Council, in partnership with Lisburn City Council had secured EU funding through Invest NI and the European Regional Development Fund for Northern Ireland for a range of Business Support activities focusing on preparing and advising small businesses on how to develop trade links and increase business opportunities for their products or services in Croatia.

No of COMET Project Businesses Status

Programme would complete June Accessing Europe: Croatia 2 2015

RDC. 14.05.15

ERDF Funded Programme

Based on the needs of the local business community, SIGNAL had developed and delivered the Business Assist Programme, part funded by Invest NI and the European Regional Development Fund under the Sustainable Competitiveness Programme for Northern Ireland and had been launched at the end of March 2014 and would run until June 2015.

It was a new model of Business Support whereby each programme participant could avail of specialist support and would be assisted to develop specific and individual plans for improved performance. Using the dedicated Programme website, www.signalbusinessassist.com, participants were offered a business health-check, signposting to relevant business support on offer throughout the Borough, group workshops and one-to-one mentoring.

Programme Targets Participants Status 40 Businesses to receive 22hrs 40 Complete specialist mentoring 80 Businesses to complete business 31 Initially had technical diagnostic difficulties, which have now been addressed. Work on-going. 180 Businesses to be engaged and 73 Initially had technical register on website difficulties, which have now been addressed. Work on-going. 10 Workshops 9* Final workshop in June Increase of at least 5% in turnover 19%* On-going businesses receiving mentoring 10 New jobs to be created in businesses 11* On-going receiving mentoring 4 new export focused businesses to be 3* On-going identified

*These figures were based on the first 20 businesses (Cohort 1) which had completed the 22 hours mentoring. The second batch of 20 businesses (Cohort 2), were currently receiving mentoring and had yet to complete the programme.

Joint Collaboration with North Down Development Organisation (NDDO)

Exploring Enterprise2 Programme was a pre-start enterprise programme with the objective of increasing awareness and offering training and development to potential entrepreneurs from disadvantaged communities and under-represented groups to extend the employment opportunities of unemployed, long-term unemployed and inactive people by helping them to enter, remain and progress in sustained employment or look at the option of self-employment.

RDC. 14.05.15

Cohort 1 Cohort 2 NDDO/SIGNAL Project Target No of Target No of Participants Participants

Exploring Enterprise 2 10 11 10 11

SIGNAL Facility

The SIGNAL Facility had increased its income revenue in 2014–2015. This increase had equated to 18% compared to the income figures for the year 2013-2014 and 46% against the target.

Activities taken to secure this increase had been:- offering competitive day delegate rates, along with offering clients the option of either room hire and catering or a complete package with the day delegate rate; discounting room hire and negotiating for block bookings; introducing a catering package which offered discount if a full day’s catering was purchased; revisiting and reconnecting with lapsed customers to maximise their spend within SIGNAL.

The offices for rent at SIGNAL for a period in 2014-15 had been fully occupied by private tenants during the year occupancy transferred to Council staff. This would impact on revenue going forward.

The virtual office service was remaining a strong income for SIGNAL. SIGNAL would continue to promote this service as it had the potential to grow further and create income as small businesses sought to reduce their costs by moving out of physical offices. In an effort to maintain these revenue streams the marketing activity plan going forward would very much focus on sourcing new conference business for SIGNAL and maximising current clients. There would be consistent and persistent activity aimed at increasing awareness of the facilities available, building new relationships and reconnecting with existing clients. The figures year-on-year could be seen below:-

2013 – 2014 2013 – 2014 2014 – 2015 2014 – 2015 TARGET ACTUAL TARGET ACTUAL

Office Rental £21,000 £27,280 £23,400 £33,819 (inc Virtual Office) Catering £19,000 £23,015 £20,000 £35,445

Room Hire & £49,500 £66,405 £52,000 £69,670 AV

Postage £540 £1,543 £600 £1,678 RDC. 14.05.15

Photocopying £900 £1,615 £900 £901

TOTAL £90,940 £119,858 £96,900 £141,513

RECOMMENDED that the Council notes the report.

Councillor Roberts was pleased to see that the targets had been exceeded and asked whether the metrics could be further developed in order to increase the impact on the business support and development programmes.

In response the Director advised that there was a rigorous monitoring system in place, including reporting to the Council. She continued that from October 2015, specific measures would have to be applied. It had also been agreed to continue with the RSI Programme and all Councils across Northern Ireland would be involved in this.

AGREED TO RECOMMEND, on the proposal of Councillor Cummings, seconded by Councillor Gilmour, that the report be noted.

5. SIGNAL FACILITY PRICING REPORT 2015-16

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning and attaching the SIGNAL Centre Price List. The SIGNAL Centre of Business Excellence had been operating in a very competitive economic environment but, by providing consistent and a high level of customer service along with continued targeted marketing efforts and business development activities, the centre had seen another increase in income year-on-year of 18%.

Winning new and repeat business had been due to various activities such as targeted marketing and sales development strategies, price match promise, offering discount incentives and new pricing packages to include delegate day rates.

While the business climate was said to be improving and the figures over the year certainly reflected the upturn in demand for quality meeting and training space, growth was still fragile and the market remained highly competitive. In a bid to continue to attract new business, remain competitive and to meet targets it was prudent to freeze most prices for the coming year while monitoring competitor activity and the market situation with a review later in the year should the market conditions allow.

In addition, since the Council required use of SIGNAL space as office accommodation, a review of this scheme would be undertaken and a report would be provided in due course.

SIGNAL Centre of Business Excellence – Price List

PROPOSED FACILITY CHARGES 1 APRIL 2015 – 31 MARCH 2016

RDC. 14.05.15

Prices Proposed Prices 2014-2015 2015-2016 (calculated at 20% VAT) (calculated at 20% VAT) Net VAT Gross Net VAT Gross £ £ £ £ £ £

Syndicate Room Half Day Hire 65.00 13.00 78.00 65.00 13.00 78.00 Syndicate Room Full Day Hire 105.00 21.00 126.00 105.00 21.00 126.00

Suite 1 Half Day Hire 85.00 17.00 102.00 85.00 17.00 102.00 Suite 1 Full Day Hire 145.00 29.00 174.00 145.00 29.00 174.00

Suite 2 Half Day Hire 105.00 21.00 126.00 105.00 21.00 126.00

Suite 2 Full Day Hire 190.00 38.00 228.00 190.00 38.00 228.00 Suite 3 Half Day Hire 155.00 31.00 186.00 155.00 31.00 186.00

Suite 3 Full Day Hire 300.00 60.00 360.00 300.00 60.00 360.00 Suite 4 Half Day Hire 75.00 15.00 90.00 75.00 15.00 90.00 Suite 4 Full Day Hire 125.00 25.00 150.00 125.00 25.00 150.00

Executive Business Lounge Half Day Hire 85.00 17.00 102.00 85.00 17.00 102.00

Executive Business Lounge Full Day Hire 145.00 29.00 174.00 145.00 29.00 174.00 IT Suite Half Day Hire 120.00 24.00 144.00 120.00 24.00 144.00

IT Suite Full Day Hire 240.00 48.00 288.00 240.00 48.00 288.00

Data Projector Half Day Hire 65.00 13.00 78.00 65.00 13.00 78.00

Data Projector Full Day Hire 90.00 18.00 108.00 90.00 18.00 108.00 Laptop Half Day Hire 30.00 6.00 36.00 30.00 6.00 36.00

Laptop Full Day Hire 50.00 10.00 60.00 50.00 10.00 60.00

Flipchart Half Day Hire 9.00 1.80 10.80 9.00 1.80 10.80 Flipchart Full Day Hire 15.00 3.00 18.00 15.00 3.00 18.00

RECOMMENDED that the Council notes and approves the SIGNAL pricing schedule for 2015-16.

AGREED TO RECOMMEND, on the proposal of Councillor Gilmour, seconded by Councillor Roberts, that the recommendation be adopted.

6. TRAVEL AND SUBSISTENCE 2015-16

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning stating that SIGNAL was involved in collaborative projects through the Council’s policy of maximising EU funding opportunities and efforts in pursuit of those aims.

The following projects required travel and subsistence for the elected representatives nominated at the Council’s Annual Meeting and Officers associated with the networks and projects. RDC. 14.05.15

- Edge Cities Network: Steering Committee and meetings (2 per year: 1/2 Officers, 1 Elected Member)

- EU meetings, as appropriate, such as Brussels Open Days, or joint working group meetings in respect of EU programmes or other economic programmes. (Officers and members as required).

The outcome of the meetings and progress of projects would be reported through the Regeneration and Development Committee. All of the above mentioned events had been budgeted for in the current financial year.

RECOMMENDED that travel and subsistence for the above events be paid in line with the Council’s Standard Operating Procedure – Councillors Allowances, and the Council’s Standard Operating Procedure – Officers Expenses, at the approved rates.

AGREED TO RECOMMEND, on the proposal of Councillor Gilmour, seconded by Councillor Roberts, that the recommendation be adopted.

7. COASTAL MASTERPLAN FEASIBILITY STUDY

PREVIOUSLY CIRCULATED:- Report dated 17 April 2015 from the Director of Regeneration, Development and Planning stating that in late summer 2014, the two legacy Councils (Tourism) had confirmed approval for a financial contribution towards the development of a Coastal Masterplan Feasibility Study (along with several other Councils on the Causeway Coastal Route and Mourne Coastal Route). Since that approval AECOM had been appointed as the consultants to deliver the project.

For the purposes of the Terms of Reference, each Council had been asked by Tourism NI to provide a list of potential strategic, tactical and clustering projects. This list had been compiled by a number of interdepartmental officers. The Steering Group facilitated by Tourism NI, which included one officer from the Mourne Coastal Route (MCR) and one officer from the Causeway Coastal Route, had met with AECOM and had requested that each Council had the opportunity to review and confirm this list (specifically focussing on the tactical projects). It had also requested that AECOM delivered two workshops, one for each route, to present the outline draft report, seek further information and answer any questions from Members and officers. The date for the MCR workshop was 21 May 2015 in Downpatrick (venue was to be confirmed).

The table below outlined all tactical projects recommended for AECOM’s consideration. AECOM had been provided with any relevant supporting materials for example, Village Plans. It would review all tactical projects submitted by the Councils along the Mourne Coastal Route and would apply a prioritisation matrix to determine the ones to progress further, with outline design proposals and costings. It was anticipated that the report would inform and substantiate bids by Tourism NI for monies in 2015 which would underpin a capital scheme (Tourism Development Scheme) launched in 2016.

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Strategic

Exploris attraction development – Otter exhibition, exhibition enhancements, improved play park facility, redevelopment of surrounding parklands which could include, but not limited to, woodland walks, outdoor gym equipment, family activities etc. Tactical

Increased viewpoints and lay-bys with interpretation points Bangor Pickie Fun Park - Tourism development Coastal Path - Tourism development (Holywood – Orlock all runs adjacent to the route) Coastal Path - Swineley Bay development Luke’s Point - Tourism development Groomsport -Tourism development Donaghadee, ‘The Commons’ – development of branded MCR hub including potential heritage centre and touring caravan park with skateboard park / crazy golf including widening of the entrance road Donaghadee town trails with ecopark and sustainable pods Donaghadee public artwork in Marine Garden at the slipway Development of the old railway line from Donaghadee through to Comber, Ballynahinch and Downpatrick Toilet block amenity provision – Millisle, Ballywalter, Portavogie and Cloughey e.g. Cloughey Pavilion – development of the Council owned pavilion further, to include a store to house a disabled scooter and a shower room/drying facility for watersports users of the beach Millisle, Ballywalter, Greyabbey and Portavogie re-imaging/animating project targeting derelict buildings with virtual graphics screening off gap sites. Improvement plan to Millisle Beach Park – entrance features and lagoon Portavogie to Portaferry walking path development – South Shore boardwalk Development of new build coffee shop/tourism stop/meeting point in Portavogie Network of motorhome facilities – Ballywalter, Groomsport, Cloughey and Exploris Network of Wi-Fi hotspots in small rural businesses to provide a better visitor experience Innovative litter solutions at coastal picnic sites e.g. Big Belly Solar litter bins (compact litter and reduce frequency of collection)

RECOMMENDED that:-

(i) The Council approves the proposed list of tactical projects, for submission to AECOM for consideration.

(ii) The Council nominates four Members to attend, and proactively raise any issues or queries regarding the proposed projects at the Coastal Masterplan workshop on 21 May 2015, along with a number of relevant Council officers.

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(iii) The Council approves the continued participation of the nominated Members in this project if so required.

Welcoming the recommendation Councillor Adair stated that this was a good opportunity to build on the success of the improvements to the Coastal route that had already been made. He noted the list outlining the recommended tactical projects and added that investment was essential in order to remedy some of the run-down facilities and to preserve the character of each coastal village. He was also keen to see the network of Wi-Fi hotspots developed throughout the rural areas of the Borough. Finally, he commended officers for a comprehensive report and encouraged a focus on the east coast to develop it as a tourism ‘hub’ and to further develop coastal areas to increase visitor numbers.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Gilmour, that the recommendation be adopted.

FURTHER AGREED TO RECOMMEND, THAT the following Members were nominated to attend the Coastal Masterplan workshop on 21 May 2015.

Alderman M Smith Councillor Adair Councillor McClean Councillor Roberts

8. TOURISM NI EVENT FUNDING 2015

PREVIOUSLY CIRCULATED:- Report dated 21 April 2015 from the Director of Regeneration, Development and Planning reminding Members that Tourism NI had not been in a position to provide event funding for 2015 due to budget reduction. However, a grant opportunity had emerged and an application had been made to seek additional funding for Sea Bangor 2015.

An application had been made in September 2014 to Tourism NI to the Tourism Events Sponsorship Scheme for the Sea Bangor Event being held in Bangor on 27 and 28 June 2015. The aim of the funding programme was to support the delivery of the draft Tourism Strategy for Northern Ireland for 2020.

Notification had now been received from Tourism NI that the application had been successful and an amount of £22,500 (including VAT) would be awarded to Ards and North Down Borough Council as additional support for the delivery of this event.

RECOMMENDED that the report be noted.

AGREED TO RECOMMEND, on the proposal of Councillor Gilmour, seconded by Councillor Ferguson, that the report be noted.

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9. APPLICATION FOR FUNDING SUPPORT FROM NOW (APPENDIX I)

PREVIOUSLY CIRCULATED:- Report dated 29 April 2015 from the Director of Regeneration, Development and Planning reminding Members that the Shadow Council had agreed in January 2015 to support an application by NOW to the European Structural Fund. The application was to support the renovation, employment and delivery of the Pottery in Crawfordsburn Village.

The request to the Council had been for a contribution of £20,000 per year for three years and a one off Capital contribution of £50,000. Following the Council decision, monies had been set aside to support the Project should the application be successful.

NOW had been successful in its application to ESF and respectfully requested the release of funding.

RECOMMENDED that the Council supports the application from NOW and releases the funding as previously agreed, said monies being available from current budgets.

Alderman M Smith welcomed the proposals to renovate the closed Pinewood Pottery in Crawfordsburn Village and create a vibrant social enterprise which would provide training and employment opportunities for local people with learning disabilities.

Other Members also welcomed the initiative and hoped in the future similar schemes would be implemented in other areas of the Borough.

AGREED TO RECOMMEND, on the proposal of Alderman M Smith, seconded by Councillor Roberts, that the recommendation be adopted.

10. TEMPORARY VOLUNTEER ACTIVITY EXPLORIS

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Regeneration, Development and Planning reminding Members of the current situation facing the Council in respect of the future of Exploris.

An offer had now been received by the Council about the possibility of setting up a team of volunteers to operate the Exploris Marine Discovery Pool at the front Entrance to Exploris on an ad hoc basis at weekends. The Pool was a mobile tank that could be set up outdoors with stock from Exploris and material collected from the Lough as an attraction and educational facility for visitors and local people to get up close to starfish, sea urchins and other small marine animals.

A sign and some publicity would draw attention to the Discovery Pool sessions. These sessions would ensure that visitors to the town had a reason to stop and extend their stay and spend in the town and on the peninsula.

The offer originated from a scientist with extensive experience of running marine discovery pool demonstrations and other volunteers were also available and related guidelines would be agreed. RDC. 14.05.15

The schedule would depend on available time which would include stock collection and set up as well as the sessions. A rota to cover a number of weekends between late May/June and October 2015 would be organised and publicised.

Exploris staff were on site seven days a week but would not have had the time to run the Discovery Pool themselves, however they would be happy to help set up. Exploris staff could also give any volunteers an initial briefing but would leave the organisation and delivery to the volunteers.

At the moment the Council was paying for the stock to be maintained but the public were getting no benefit from it. In this way local people would be working with the Council to provide a service to visitors and reduce negative impressions.

The Safety and Risk Manager had confirmed that, following agreement between the volunteers and the Council that suitable insurance could be in place (as yet to be determined), there would be no objections to this request. In addition the Tourism and Events Team would research the possibility of additional small scale activity to continue the animation of Portaferry during the summer season.

This opportunity offered a suitable ‘meanwhile’ use for the discovery tank and an example of positive collaborative working.

RECOMMENDED that Members approve and accept the offer of the creation of a volunteer group to utilise and showcase the discovery tank at the front entrance to Exploris at agreed times over the summer period.

The Director responded to Members’ queries and confirmed that public liability insurance would be available. She added that the Safety and Risk Manager had also confirmed that suitable insurance would be put in place prior to the commencement of the schedule of sessions. She indicated that, while staff at Exploris would be happy to help set up the pool, the organisation and delivery would be led by a qualified aquarist and a team of volunteers. She added that a programme of local low level events would be developed to run in conjunction with and complement the Exploris Marine Discovery Pool at Exploris.

AGREED TO RECOMMEND, on the proposal of Councillor Cummings, seconded by Councillor Roberts, that the recommendation be adopted.

11. FISHERIES LOCAL ACTION GROUP – ELECTED MEMBER

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning stating that the European Fisheries Fund (EFF) Axis 4 (2007-2013) programme was an area-based programme to support sustainable development delivered locally through Fisheries Local Action Group (FLAGs). The EFF Axis 4 programme had promoted the economic diversification and capacity building of the fishing dependent communities in three Council areas: Ardglass, Kilkeel (taking in Annalong) and Portavogie.

The South East Area (SEA) was a partnership between organisations from a wide range of sectors that included local government, the fishing industry, private and RDC. 14.05.15 voluntary sectors and education and environmental sectors, with a view to delivering an effective programme toward fishing dependent villages.

Ards Borough Council representative Alderman Angus Carson had been appointed as the FLAG Council elected member for the duration of the programme. All projects were to be completed by 30 September 2015, with programme end date March 2016. The SEA now required confirmation that this remained the case.

RECOMMENDED that the Council confirms the original decision of Ards Borough Council to the Fisheries Local Action Group.

AGREED TO RECOMMEND, on the proposal of Councillor McClean, seconded by Alderman Girvan, that the recommendation be adopted.

12. PORTAVOGIE ENVIRONMENTAL IMPROVEMENT SCHEME

PREVIOUSLY CIRCULATED:- Report dated 22 April 2015 from the Director of Regeneration, Development and Planning stating that Ards Borough Council had agreed in February 2015 to deliver the Portavogie Public Realm Project. This project would be 100% grant funded from the South East Area, European Fisheries Fund (SEA EFF). The project would deliver Public Environmental Improvement works for Portavogie including the following:-

 Two Interpretive Lectern signs, located at the harbour and promenade  Ten Directional Wayfinder finger posts, placed throughout the village  Four Gateway Markers, located on four main entrance roads  Six benches/summer seats (to be confirmed)  Installation of eight plant-a-seats at the harbour

All the above would be in place by the end of June 2015.

It was requested that the Council assumed responsibility for the above five listed public realm works. Transport NI had been consulted on the placement of signs, posts and benches/summer seats throughout the village. Transport NI had requested that the Council provided a letter of indemnity for any or all public liability issues arising from these items. This was the normal protocol with Environmental Improvement Schemes.

RECOMMENDED that the Council agrees:-

(i) To take on the upkeep and maintenance of the above five listed public realm works. (ii) To write to Transport NI providing confirmation on public liability.

Welcoming the scheme, Councillor Adair expressed his delight that investment was being made in the village of Portavogie and commented that the scheme would complement the work already completed on the promenade and harbour. He was pleased that the maritime heritage of Portavogie was being preserved and noted that members of the public he had spoken to had been impressed by the public realm works and the proposed plans for Portavogie. He believed that the investment would RDC. 14.05.15 revitalise and regenerate the village and hoped that in the future further investment would be made both in Portavogie and the wider Borough.

Councillor Walker referred to the four Gateway Markers to be located on the four main entrance roads. He asked if the Markers could include a 30mph limit warning as some of the streets in Portavogie were quite narrow. He was advised this was not typically done, however an enquiry would be made to ascertain if it would be possible in this instance.

AGREED TO RECOMMEND, on the proposal of Councillor Adair, seconded by Councillor Cummings, that the recommendations be adopted.

13. DONAGHADEE TOWN STEERING GROUP SCHEME OF DELEGATION

PREVIOUSLY CIRCULATED:- Report dated 23 April 2015 from the Director of Regeneration, Development and Planning stating that in December 2013 Ards Borough Council, through the Donaghadee Town Steering Group (DTSG), had been awarded a Round 2 pass by the Heritage Lottery Fund (HLF) for a Donaghadee Townscape Heritage Initiative (THI), awarding a THI grant of £995,000. The grant was to promote the heritage-led economic and physical regeneration of Donaghadee within the designated Donaghadee Conservation Area with the aim of promoting the repair, regeneration and re-use of vacant or under-used historic buildings and to enhance the townscape character of the town centre.

Ards and North Down Borough Council was the HLF grant holder and had ultimate responsibility for delivering and administering the Donaghadee THI in accordance with the HLF letter of offer.

Donaghadee THI had officially commenced on 1 April 2014 and was due to complete by 31 March 2019. The THI Project Officer had been appointed in September 2014 and the scheme had been officially launched in October 2014.

Donaghadee Town Steering Group

Ards Borough Council, through the former Donaghadee Town Steering Group and supported by representatives from Donaghadee Commerce and Development Group and Donaghadee Sailing Club, had been responsible for both the development and submission of the Round 1 and Round 2 applications to HLF. It had also been responsible for the subsequent delivery of the Donaghadee THI up until the end of March 2015 when responsibility had transferred to Ards and North Down Borough Council and the new Donaghadee Town Steering Group.

The following were the newly elected members of the Donaghadee Town Steering Group (DTSG):-

 Alderman Alan Chambers  Alderman Bill Keery  Councillor Mark Brooks RDC. 14.05.15

 Councillor Peter Martin  Councillor Tom Smith  Councillor Gavin Walker

Only the above elected members had a vote at the DTSG meetings and the Chair had a casting vote if required. A quorum of four voting members was required. If four voting members were not present, the minutes would include suggestions from the DTSG which may only be actionable if approved by the Council, once it had been submitted to the Regeneration and Development Committee.

Advisers and co-opted members of the DTSG

All agencies directly or indirectly involved in regeneration initiatives within the proposed THI area had been consulted with respect to the preparation of both the Round 1 and Round 2 THI applications.

It was recommended that representatives from the Department of the Environment (Department of Agriculture, Environment and Rural Affairs), Northern Ireland Environment Agency, Department for Social Development (Department for Communities), Northern Ireland Housing Executive, and Donaghadee Historical Society would be invited to serve as advisors to the new DTSG and would attend meetings as and when required.

The co-opted members of the former DTSG had been as follows:-

 David Cochrane (Chairman, Donaghadee Commerce and Development Group)  John Caldwell (Secretary, Donaghadee Commerce and Development Group)  Noel Johnston (Trustee, Donaghadee Sailing Club)

It was recommended that these co-opted members would continue their role with the DTSG.

Delegation of Decision Making

Following negotiations with the HLF during Round 2 of the THI application stage, Ards Borough Council had accepted the HLF requirement, that in order to expedite the delivery of the Donaghadee THI, decisions made with respect to the implementation and delivery of the scheme, including the award and expenditure of the HLF grant up to an agreed limit of £100,000, would be delegated to the DTSG. All decisions made by the DTSG which were to be beyond its delegated authority would require the approval of Ards Borough Council before being actioned.

The recommendation was that the delegated authority negotiated with the HLF and agreed by Ards Borough Council was similarly adopted by Ards and North Down Borough Council and transferred to the new Donaghadee Town Steering Group. Thereby all decisions made with respect to the implementation and delivery of the scheme, including the award and expenditure of the HLF grant up to an agreed limit of £100,000, were to be delegated to the newly formed DTSG; and all decisions made by the DTSG which were beyond its delegated authority would require the approval of Ards and North Down Borough Council before being actioned. RDC. 14.05.15

Please note that all THI grant awards agreed by the DTSG required HLF approval prior to the issue of Letters of Offer by the Council to the respective property owners and that the DTSG were required to submit quarterly reports and grant drawdown applications as and when required.

Meetings

Meetings of the new DTSG would be called in accordance with the Council’s timetable for Committee meetings.

Decision Making Process

The decision making process adopted by the new DTSG would ensure compliance with the letter of offer from the HLF and that the aims and objectives of the THI were achieved within the agreed timeframe; that all the grant funding requirements of the HLF were met; and that decisions were fair and equitable. The THI Project Officer would assess each THI application on its merits and present grant award recommendations and grant payment recommendations to the DTSG for approval.

RECOMMENDED that the Council agrees to a scheme of delegation to the Donaghadee Town Steering Group with respect to the Donaghadee Townscape Heritage Initiative as detailed above, whereby all decisions made with respect to the implementation and delivery of the scheme, including the award and expenditure of the Heritage Lottery Fund grant up to an agreed limit of £100,000, are to be delegated to the newly formed Donaghadee Town Steering Group.

AGREED TO RECOMMEND, on the proposal of Councillor Walker, seconded by Councillor Gilmour, that the recommendation be adopted.

14. ANY OTHER BUSINESS

14.1 Proposed Date Change of Comber Potato Festival

The Head of Economic Development and Tourism provided Members with an update on the proposed date change of the Comber Potato Festival for 2015.

The Comber Potato Festival had originally been scheduled to take place over a series of days ending on Saturday, 13 June 2015, however, due to adverse weather conditions (frost) during early May the Comber Earlies Growers Cooperative had advised the Council that the crop would not be available until late June 2015.

The Growers Cooperative had been the legacy Ards Borough Council’s partner in planning the Festival since its inception in 2013 and had initially proposed the event to the Council with the objective of creating an opportunity to promote the product proactively, raising the status of this Protected Geographical Indication (PGI)- designated product and encouraging the public to sample and buy it. The Cooperative had also stressed the importance of the Festival coinciding with the arrival of the branded product in local supermarkets.

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In addition, Food NI, the consultant appointed to organise the artisan food stalls and cookery demonstrations for the Festival, had emphasized that the planned cookery demonstrations be centred around the potatoes and that the DARD grant towards the Festival (£8,000 towards a total net budget of £26,600) had also been awarded on the basis of the Comber potato’s prominence in the event.

On the basis of these arguments, Council officers had concluded that a date change was critical to reflect the concerns of the Council’s principal partner and to ensure the availability of the essential element on which the festival was base, the potato. The Growers Cooperative’s proposed alternative dates had been 27 June and 4 July 2015. In order to avoid competing with the Council Sea Bangor event, the more acceptable dates for the series of Festival events had been considered to be Thursday, 2 July and culminating with the main Festival event on 4 July 2015.

An unfortunate impact of the necessary date change had been on the plans of two local community organisations; Comber Regeneration Community Partnership and Comber Commerce Group, which had been planning a series of community-based activity in the week in the run-up to the original Festival Saturday date. The groups had expressed their disappointment in the date change and lack of opportunity to influence this.

Council officers had met with representatives of the groups on Wednesday, 13 May 2015 to address their concerns and attempt to ameliorate any impact of the date change. The outcome of the meeting had been generally positive in that the bulk of the community programme could be rescheduled to work with the new Festival date, and the groups did accept the premise that the Council could not have retained the original date.

One element which could not proceed, however, was a planned parade by the children of six schools involved in the potato planting project, as schools would be closed for summer by 4 July 2015. The community groups were very keen to provide an alternative option for marking the children’s achievements and had requested that the Council fund and event in June specifically for the children, at which the Mayor would present prizes/certificates and there would be accompanying food and possibly music. The community groups had agreed to organise this event and requested a financial contribution and potentially some technical assistance, for example, in erecting gazebos. The officers had asked the community groups to present a costed proposal for consideration, while emphasising that the Council’s events budgets were under severe pressure. Should such a proposal be reasonable and proportionate, funding it would be a pragmatic solution to addressing the community groups’ expressed annoyance in not having been actively involved in the date change decision.

RECOMMENDED that the Council:-

(i) Approves the change of date for the Comber Potato Festival to 2-4 July 2015 due to the commercial and grant considerations associated with the delay in availability of this year’s Comber Earliest crop. RDC. 14.05.15

(ii) Considers a proposal to be supplied by the Comber community groups for a children’s event in June 2015, at which prizes/certificates would be presented by the Mayor, subject to availability.

Several queries were raised by Members. The Head of Economic Development and Tourism responded to their queries and advised that the events would be publicised via a social media campaign, community networks, the Council’s website and using Ezines. She indicated that there would be no additional cost to the Council of re- scheduling the Potato Festival, however it may have to recompense a number of community groups for their spend on leaflets already distributed with the now incorrect details. This would have an approximate cost to the Council of £165.00.

AGREED TO RECOMMEND, on the proposal of Councillor Cummings, seconded by Alderman Girvan, that the recommendations be adopted.

14.2 VE Day 70th Anniversary Celebrations

Councillor Ferguson advised that she had been approached by several residents asking why there was not as many events planned for the VE Day 70th Anniversary Celebrations as there had been for the 50th and 60th anniversaries. She was surprised that no schools or community groups had been approached to be involved in any celebration events. She expressed concern that some branches of the British Legion had not been invited to the event on Friday, 8 May 2015 and believed the peninsula had also not been represented in the celebrations. She stressed the importance of ensuring that in future all appropriate clubs and societies were invited to relevant events.

Appreciating the concerns raised, the Director assured Members that the situation would not be repeated and advised that the legacy Council’s had been operating in different ways which had not initially been recognised. However since this difference had been highlighted the matter had been addressed and going forward one system would be used by all. She referred to the VE Day Beacons and advised that the announcement about these had been made very late due to the General Election and Ards and North Down Borough Council had followed the National programme.

Continuing, the Director advised that the Council had planned a series of celebratory events and the Committee would be advised of these at the meeting in June 2015. The events to be marked included the Battle of Britain, the Battle of Jutland and the Somme Season and the Council had applied for the use of Clandeboye and other things. She concluded that over £500,000 was spent by the Council on directly delivered and grant aided events and as such it had to be strategic in how the funding was distributed.

Councillor Adair commented that it was regrettable a group had been missed out, however he believed the peninsula had been represented in the VE Day celebrations. He believed it was important to commemorate VE Day and believed that the event in Ballyhalbert was a dignified way to recognise this important landmark in the nation’s history.

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14.3 Giro d’Italia Legacy Event

Alderman Girvan advised that the Gran Fondo Giro d’Italia was to be held in Northern Ireland and the first event was scheduled for June 2015. Two race routes had been provisionally recommended; the Mourne Route and the Strangford Route. Both routes would commence and finish at Titanic Belfast.

Alderman Girvan believed that it presented the Council with a great opportunity to capitalise on the increased number of visitors to the Borough.

14.4 Familiarisation Tour

Councillor Adair commended the Director and officers on the recent familiarisation tour for Members, adding that it had been beneficial to see the scope of the new Borough and the work that had already been done to improve it.

Other Members concurred that the tour had been useful and the Director confirmed that sixteen Members had availed of the tour.

14.5 Village Plans

Councillor Adair commented that in the near future, funding streams would become available and queried whether applications for funding would be made by the Council, in order to develop new village plans and improve existing village plans.

In response, the Head of Regeneration stated that work was currently being done on village plans, both to create new plans where required and updating existing ones where required. He advised that a report would be brought to the Committee at its meeting in June and would include details of the plans and costings going forward.

15. TERMINATION OF MEETING

The meeting terminated at 8.10pm.

ARDS AND NORTH DOWN BOROUGH COUNCIL

A special meeting of the Community and Wellbeing Committee was held in the Council Chamber, 2 Church Street, Newtownards on Wednesday, 20 May 2015 at 7.00pm.

PRESENT:

In the Chair: Councillor Armstrong

Aldermen: Chambers Irvine (8.02 pm)

Councillors: Adair Menagh Boyle Roberts Brooks Smart Dunne Thompson Edmund Wilson

Officers: Chief Executive, Director of Community and Wellbeing, Director of Organisational Development and Administration, Director of Finance and Performance, Head of Leisure, Corporate Communications Manager, Director of Leisure and Community Services (NDBC) and Member Services Officer

1. APOLOGIES

Apologies were received from Councillors Allen, Anderson, Cooper and Martin. An apology for lateness was received from Alderman Irvine.

2. DECLARATIONS OF INTEREST

The Chairman (Councillor Armstrong) asked for any declarations of interest.

When Alderman Irvine entered the meeting at 8.02 pm he duly declared an interest in Item 4.1 – Options Appraisal: Management of Leisure Facilities and Services – Presentation by Steve Laird, V4 Services, as a trustee on the board of the NCLT. He retired to the public gallery and took no part in the discussion.

NOTED.

2.1 CHAIRMAN’S REMARKS

The Chairman (Councillor Armstrong) regretfully informed Members of the sad passing of Councillor Anderson’s grandmother, so soon after he had borne the bereavement of his father. Members shared her sorrow and offered their sincere condolences to Councillor Anderson.

It was AGREED, on the proposal of Councillor Adair, seconded by Councillor Boyle, that a letter of condolence be sent to Councillor Anderson on behalf of the Council. CWC.20.05.15

The Chairman (Councillor Armstrong) sought Members’ approval to move Item 3 on the agenda – Progress with Implementation of Cultural Expressions Agreement, which was not in confidence ahead of the presentation.

It was AGREED, on the proposal of Councillor Boyle, seconded by Councillor Menagh, that Item 4 – Progress with Implementation of Cultural Expressions Agreement be taken ahead of the presentation.

4. PROGRESS WITH IMPLEMENTATION OF CULTURAL EXPRESSIONS AGREEMENT

PREVIOUSLY CIRCULATED:- Report dated 18 May 2015 from Director of Community and Wellbeing stating that at its meeting in April, an interim Cultural Expressions Agreement was approved. That was in order to support the celebration of cultural festivals including those on the 11 July in communities throughout the Borough while continuing to promote good relations and build on the level of good will and co-operation fostered over recent years. The financial arrangements in the agreement were designed to incentivise a move towards non-traditional bonfires that were associated with the community festivals as those had less detrimental environmental impacts and lower clean-up costs associated with them, for example up to £1200 for festivals with traditional bonfires, and up to £2300 for festivals with non-traditional bonfires. In the first case, up to 80% of an advanced payment could be made, but only 50% in relation to the latter. The remainder would be paid following the completion of the festival, on production of all original receipts for goods and services procured.

As part of the development of this interim arrangement for the 2015 activities, community representatives were consulted in an attempt to ensure that all concerns and issues could be considered when finalising the agreement.

Since approval in April in order to implement the agreement, the Councils Good Relations Officers had been meeting with the community representatives involved and had signed up a number of groups.

As a result of those meetings, a number of groups had expressed concerns with cash flow and therefore the advanced payment arrangements within the agreement. That was primarily because those which were seeking payments which would total between £1200 and £2300 as their festival activities were associated with a non- traditional bonfire, could only receive up to 50% of an advanced payment. Many such groups however did not have at present the financial backup to pay for the remaining 50% in lieu of receiving final payments following presentation of original receipts etc when the festival was concluded.

Groups however which were celebrating with a traditional bonfire as part of their festivities could only receive a maximum of £1200 but 80% of that was offered in advance.

By making an advance payment of 80% to all groups, those would go a long way to addressing the concerns of those which at present appeared unable to pay for the

CWC.20.05.15 hire of their festival equipment, and would reduce the risk of such festivals, which were associated with the type of non-traditional ‘bonfire’ that the Council was trying to promote, not taking place.

It would not affect the total amount paid out by the Council by the end of the festival and so did not increase costs. By retaining the final 20% across all groups, a degree of risk management was maintained should there be default for non-compliance with financial provisions within the agreement.

RECOMMENDED that the amount of advance payment provided to community groups under the Council’s Cultural Expression’s Policy is raised to 80% for festivals that are associated with a non-traditional bonfire.

With regard to the content of the report, Alderman Chambers enquired if the Churchill bonfire in Bangor was under the auspices of the Council’s Cultural Expression Policy. He also wished to place on record that a sign stating ‘dump wood’ had been erected at the end of the Ballymaconnell Road, rather than in the vicinity of the Churchill area. Unfortunately, a quantity of wood had since been dumped and there appeared to have been no efforts made to remove or relocate it.

The Director of Community and Wellbeing did not have that information to hand but undertook to investigate further and advise the Member accordingly.

On being put to the meeting, the proposal was declared carried, with 10 voting For, 0 Against and 1 Abstention.

Councillor Wilson wished to be recorded as abstaining.

AGREED that the recommendation be adopted.

EXCLUSION OF PUBLIC/PRESS

AGREED on the proposal of Councillor Thompson, seconded by Councillor Boyle, that the undernoted Item be taken in the exclusion of the public/press.

3 OPTIONS APPRAISAL: MANAGEMENT OF LEISURE FACILITIES AND SERVICES – PRESENTATON BY STEVE LAIRD, V4 SERVCIES DIRECTOR – LEISURE & CULTURE

*** NOT FOR PUBLICATION ***

CWC.20.05.15

RE-ADMITTANCE OF PUBLIC/PRESS

AGREED on the proposal of Councillor Boyle, seconded by Councillor Wilson, that the public/press be re-admitted to the meeting.

5. TERMINATION OF MEETING

The meeting terminated at 8.21 pm.

ITEM 10

Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27th May 2015

Responsible Officer Director of Community & Wellbeing

Date of Report 13th May 2015

File Reference

Legislation

Section 75 Compliant Yes X No Not Applicable

Subject Ward Park Bowls – Interim Pricing Arrangements

Attachments

Council’s new Leisure Services pricing policy came into effect on 1st April 2015. At the onset, concerns were raised by the seven bowling clubs based at Ward Park regarding the introduction of a £15.00 per hour match fee. Bowlers were concerned that the charges were cost prohibitive and as a result a significant number of bowlers would leave the clubs.

Background

Up to 1st April 2015, individual members of bowling clubs in both legacy Council areas were each charged for a ‘season ticket’, which allowed them to use the facilities at any time during the season. This arrangement has been continued into the new Council.

However, in addition to this, clubs, as organisations in the Ards area were charged an annual rental fee of £550 to allow them to use the facilities. Clubs using the Ward Park facilities however historically were not charged any rental fee. In order to address this imbalance it was proposed that the Ward Park clubs would be charged a rental fee, which would be £15 per hour and that over time the facility hire arrangements would be aligned in this way across the Borough.

However concerns were raised by the seven bowling clubs based at Ward Park regarding the introduction of this £15.00 per hour match fee. Bowlers were concerned that the charges were cost prohibitive and as a result a significant number of bowlers would leave the clubs.

Action Taken

The Director of Community & Wellbeing and the Leisure Manager met with representatives from the Ward Park Joint Committee of Bowling Clubs on Tuesday ITEM 10

21 April to listen to their concerns and discuss possible solutions. It was proposed that in the first year (2015/16), a £15.00 match fee (rather than hourly fee) be introduced. This fee would allow bowlers exclusive use of the green and pavilion for the duration of their match. It was also recognised that the Joint Committee hosts a number of charity bowling events throughout the season raising significant fund for local charities. The bowlers requested these events remain free of charge.

Ward Park clubs have struggled to attracted new members to the sport following the loss of older members. One such club is Ballyholme Ladies, who only a handful of members and are not able to field enough players for a full match. It is proposed for the period of one year, the Club are not charged for use of facilities to allow them time to increase membership numbers and ensure the Club is sustainable in the long-term. They will continue to purchase an annual season ticket.

The Ward Park Joint Committee of Bowling Clubs are agreeable with the proposals outlined in this report. Furthermore, Officers have committed to engage in meaningful consultation with clubs prior to setting the pricing for 2016/17.

RECOMMENDATION

It is recommended that in accordance with the proposals agreed with the joint management committee of Ward Park Bowling Clubs that the following measures are approved for 2015

1. Members approve a match fee of £15.00, to be introduced with immediate effect.

2. Charity events continue to remain free of charge.

3. Ballyholme Ladies Bowling Club be afforded, for one year only, free use of the rinks and pavilion for match purposes.

Furthermore consultation is entered into again in the autumn in order to agree a plan of pricing implementation that will ensure harmonisation across the Borough for April 2016. ITEM 11

Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27th May 2015

Responsible Officer Chief Executive

Date of Report 15th May 2015

File Reference 700039

Legislation

Section 75 Compliant Yes X No Not Applicable

Subject Corporate Plan 2015-2019

Attachments 1. Draft Corporate Plan 2015-2019 2. Summary List of Respondents to the Public Consultation exercise

The Council in shadow form considered the draft Corporate Plan 2015-2019 at its meeting on 5th March 2015, subject to public and staff consultation.

The Council, following a series of workshops had previously agreed to adopt the first part of its draft Corporate Plan to cover its first term from 2015 to 2019.

Further work had been undertaken by officers with some facilitated support to develop the draft plan to include more detail around the Strategic Priorities and the Corporate Objectives.

That document was issued for public consultation and with the Council extending the closing date for comments to 30th April 2015, eleven responses had been received.

Parallel to the consultation, additional Council staff workshops were taken forward at Directorate level to consider how the Corporate Objectives and Key Performance Indicators could be further developed ahead of the production of Service Business Plans.

The attached final draft Corporate Plan has taken account of the consultation responses and the additional input from the Directors and Heads of Service.

Following approval there will be alignment of Directorate Service Business Plans to the Corporate Plan in the context of a new performance management system.

The Council is required by legislation to have published its first Corporate Plan by 31st May 2015.

Recommendation

It is recommended that the Council approves the attached Corporate Plan 2015- 2019. Appendix 1

Ards and North Down Borough Council

Draft Corporate Plan 2015-19

Page 1 of 17

CORPORATE PLAN 2015-2019

Contents ` Page

1. Introduction 3

2. Our area 4

3. Our purpose and vision 9

4. Our objectives 10

5. Delivering the plan 15

6. Strategic role of the Council 16

7. Our core values 17

Introduction

In 2014, the people of Ards and North Down elected 40 councillors to represent them in their new Borough. On 1 April 2015 the new Council for Ards and North Down was established, serving a population of 157,000 over 228 square miles.

We have an annual operating budget of approximately £46 million and a workforce of almost 1,000, delivering a range of services to local residents. These include refuse collection and disposal, street cleaning, recycling, community development, economic development, environmental health, building control, leisure services, parks and play areas, arts and tourism.

We have new powers including planning, off-street parking and responsibility for Donaghadee Harbour. From 2016, we will also have responsibility for enhanced economic, physical and social regeneration.

Community planning is a further new power that will have a significant impact upon how we engage with our residents and empower them to help us make decisions for the new Borough.

This plan, which covers the first four years of the Council, outlines our purpose, priorities and objectives. It describes our ambitions for how local services will be delivered more efficiently and effectively for everyone. It is supported by detailed operational plans and will regularly be reviewed through our performance management processes.

We recognise the many achievements of our two legacy councils (North Down Borough Council and Ards Borough Council) and are proud to build on what has been delivered to date. We believe our new, enlarged Borough has the potential to be the best place to live, work, visit and invest in Northern Ireland and with the new powers we have received we have increased ambition to realise this goal.

We are interested to hear your feedback on the plan and any ways in which you would like to engage with us.

Stephen Reid, Chief Executive Alderman Alan Graham, Mayor 2015-16

Our area

 AND is growing: our population is predicted to reach 163,300 by 2023.

Ards and North Down (AND) has a population of 157,000, (8.6% of the Northern Ireland total) and is still showing growth. It comprises a unique mix of urban and rural communities. The largest towns, in order of size, are Bangor (60,000), Newtownards (28,000), Holywood, Comber and Donaghadee and each is located in the north of the borough.

The remainder of the population lives mainly in 19 smaller villages – Balloo, Ballygowan, Ballyhalbert, Ballywalter, Carrowdore, Conlig, Cloughey, Crawfordsburn, Greyabbey, Groomsport, Helens Bay, Killinchy, Kircubbin, Lisbane, Millisle, Portaferry, Portavogie, Seahill and Whiterock.

80% of residents live in the northern 25% of our borough. Rural isolation is experienced by some communities.

 AND has around 115 miles of coastline: one of the longest in Northern Ireland

Our borough is bounded by the shores of Belfast Lough to the north and the Irish Sea to the east. Strangford Lough, with its reputed 365 islands, provides the coastline to the west of the area and creates the Ards Peninsula to the east.

Strangford Lough is designated as an Area of Outstanding Natural Beauty, Special Scientific Interest and a Marine Nature Reserve. It is one of the Northern Ireland Tourist Board’s ten key visitor destinations.

The special environment of Strangford Lough, with its unique habitat for birds and sanctuary for wildlife, has created the optimum location for Exploris in Portaferry (Northern Ireland’s only Aquarium) and the Wildfowl and Wetlands Centre at Castle Espie (Comber).

The coastal path network is used daily by residents and visitors for recreation and to access the many coastal towns and villages along our peninsula. Bangor is home to the island of Ireland’s largest marina with space for 600 boats.

Our borough offers a superb environment for the development of sailing and water sports.

 AND has a rich heritage: Fair fa’ ye

The area has a strong link to early Christian heritage through St Columbanus and Bangor Abbey, Nendrum Monastery and Movilla Abbey. It is part of the legend of St Patrick. Our built heritage extends to many medieval tower houses and the Cistercian Grey Abbey. The National Trust House and Gardens at Mount Stewart are also exemplary.

The area experienced significant change during the 17th century Plantation of Ulster, when there was a large influx of migrants from, in particular, Scotland. The effect of this period is still very evident today in the place names, surnames, dialect and a strong sense of an Ulster Scots culture.

 AND benefits from an annual visitor spend of £48 million

Tourism is a mainstay of the local economy and continues to flourish; testament to the excellent promotional work that has been undertaken in recent years. There are more than 343,000 overnight visits annually, contributing £48M to the area.

Our main attractions are Pickie Fun Park in Bangor, Mount Stewart House and Gardens, three Country Parks (Crawfordsburn, Scrabo and Redburn), the Ulster Folk and Transport Museum at Cultra, Exploris at Portaferry, Scrabo Tower and a variety of heritage and cultural sites.

The Borough has a strong reputation for hosting major events attractive to both residents and visitors. These include the Circuit of Ireland Rally, Aspects Literary Festival, the Creative Peninsula festival, the Open House Festival, Portaferry Gala Week, Comber Potato Festival and the Holywood May Day celebrations.

The developing agri-food sector has created more local employment and a thriving restaurant scene resulting in the area becoming a desirable ‘food- tourism’ destination.

 AND unemployment rate is below the Northern Ireland average

68% of our population is economically active compared to the average of 66% across Northern Ireland. The public sector provides employment for 36% of the workforce, with the Council and Central Government departments alone employing around 1,500 people. The hospitality and service sectors provide 27% of jobs, whilst the retail and wholesale sector provides 22%. Manufacturing and construction makes up 10% of the workforce.

There are more people employed in professional and managerial sectors than the Northern Ireland average.

Retail continues to be important to the local economy. Newtownards, Bangor and Holywood offer quality mixed retail, with high street names trading alongside independent and family-owned businesses. However, like many town centres across the UK, each is feeling the impact of the recent recession.

There has been a decline in traditional industries such as the clothing and textile sector. However, the area’s response has been to build a diverse economy in areas such as added-value food and engineering. This is demonstrated by Comber Potatoes now being designated among the few products from Northern Ireland to have Protected Geographical Indication status under European law.

 AND has a higher level of degree qualified residents than anywhere else in Northern Ireland

There is a higher than average number of people gaining qualifications in secondary and tertiary education, with 27% having a degree as compared to the Northern Ireland average of 24%. Only 36% of people have no or low qualifications (41% across Northern Ireland).

 AND is becoming increasingly connected with free WIFI in all five town centres

There is good connectivity in the northern part of the Borough, with road and rail connections between Belfast and Bangor / Holywood, Newtownards and Comber. The Belfast City Airport and Sea Port are easily accessible. However, there is heavy commuter traffic along the main routes with more than 32,000 vehicle journeys per day as residents travel into Belfast for employment and education.

There is currently free town centre WiFi provision in Bangor, Newtownards, Comber, Donaghadee and Holywood. This is an added attraction for visitors and businesses.

 AND’s average house price is £176,000 compared to £135,000 across Northern Ireland.

The area has long been recognised as a very desirable place to live, with many superb amenities – schools, leisure and sports facilities, good transport links, quality infrastructure. It is one of the least deprived areas in Northern Ireland, ranking 10 out of the 11 new Council areas. However there are five Wards ranked between 150th and 168th most deprived in Northern Ireland; these are in Newtownards and the Ards Peninsula.

 In AND females will live 0.5 years and males 1.4 years longer than the Northern Ireland average

One of the primary challenges facing us from a social perspective comes from our aging population and how we can support health and wellbeing. Since 2001, there has been a 6.6% decrease in the number of people under the age of 16, while there has been marked increase of 40% in the number of people aged over 65 years. The borough has a higher percentage of residents over the age of 40 than the Northern Ireland average, yet a lower percentage under the age of 40 years.

The key facts in respect of the health of those living in the area are:  20% have a long term health problem or disability compared to 21% across Northern Ireland.  81% enjoy good or very good health compared to 80% across Northern Ireland

In summary:

Ards and North Down is a place where there is an older but healthier population and where you will live longer.

By living here you are likely to be better educated and to have a job but will have to pay more to rent/own your own home. You may have to commute to Belfast for your work.

It is less likely you will live in a deprived area and you will be able to enjoy superb facilities and assets in your neighbourhood.

Ards and North Down Borough

Page 8 of 17

Our Purpose

Our purpose is to make Ards and North Down the best place to live, work, visit and invest.

Our Vision

Our vision is that Ards and North Down will be a place to be proud of which is more prosperous, vibrant, healthy, sustainable and where people enjoy an excellent quality of life.

Page 9 of 17

Our objectives

Our objectives are concerned with both external impact and organisational development. We have grouped our external objectives under three headings – people, place and prosperity. Delivery upon these will be supported by inward looking objectives concerned with performance excellence.

People Place Prosperity

Ensuring we Ensuring we Ensuring the engage with, make the very borough’s and support, best of the towns and all local natural, rural communities cultural and localities are

to deliver real environmental prosperous,

social assets in our vibrant and benefits. borough. attractive.

Performance: Ensuring we take time to understand our customer’s need and manage our people, money and assets effectively so we can deliver on our objectives for the borough.

Each objective has key performance measures attached that will allow us to measure success. Full details of these will be published in our annual performance improvement plans but the following narrative gives a high level view of our aspirations under each objective. 10

PEOPLE

 Develop more engaged, empowered and integrated communities We will support local communities to become more cohesive, sustainable and vibrant; helping them to help themselves. Success measures will include: the delivery of a community plan for the borough; the number of active community People based groups; people engaging in community volunteering.

 Improve health, wellbeing and promote active lifestyles We will provide opportunities for residents to enjoy an active lifestyle and work to reduce social Ensuring we deprivation and inequality. engage with, Success measures will include: people getting involved in health and wellbeing programmes, levels of participation and support, and satisfaction in our leisure facilities; the perception of our residents of their quality of life. all local communities

 Increase pride in the borough to deliver real We will ensure our residents are engaged and empowered to help shape the future of our borough. social Success measures will include: the number of people choosing to live in Ards and North Down; the level of benefits. contribution to Council surveys, initiatives and projects; the proportion of our residents who feel proud to live in the Borough.

PLACE

 Promote a clean, green, healthy, safe and sustainable environment We will take time to understand the needs of all parts of the borough and to ensure local neighbourhoods are attractive and vibrant places, where everyone feels welcome and safe. Success measures will include: levels of anti-social behaviour and crime; success in environmental award schemes; Place waste and recycling levels; the number of residents perceiving the borough to be clean and attractive; the proportion of residents who feel safe.

 Invest in and promote the borough's rich cultural heritage and environment We will strive to ensure residents’ benefit from a well-planned and designed borough with attractive local Ensuring we environments. make the very Success measures will include: publishing a new local development plan for the borough; supporting continued investment in local attractions; the number of visitors. best of the natural,

cultural and  Invest in and promote facilities and outdoor spaces environmental We will make the borough an attractive place to live/visit through a variety of recreational and sporting facilities and assets in our events. borough. Success measures will include: the amount of capital investment in facilities in all parts of the borough; securing/maintaining awards eg ‘best kept’, ‘Britain in Bloom’ ‘Green Flag’.

 Enhance our towns, villages and coastlines We will enhance all our local neighbourhoods in order to support services for individuals, community groups and businesses. Success measures will include: the number of completed public realm schemes; publishing village plans for all areas; the number of official designations for our Borough, towns and villages; the efficiency and effectiveness of our planning service.

PROSPERITY

 Attract and promote economic investment We will strive to make the borough an attractive place in which to invest and do business. Success measures will include: the level of inward investment and the level of the business rates base.

Prosperity  Support business start-up, development and growth We will provide an environment when entrepreneurs can flourish and young people are able to access training and employment. Ensuring the Success measures will include: the number of new business start-ups; the number of jobs created or supported; the borough’s number of business incubator hubs; the level of work experience opportunities for young people. towns and rural  Enhance the visitor experience to increase visitor spend localities are We will promote the cultural, recreational, sporting and event offering in the borough to attract visitors. prosperous, Success measures will include: the development of distinctive place branding for all five towns; visitor numbers; visitor vibrant and spend. attractive.

 Develop a thriving rural economy We will take time to understand and address the needs of each individual village and support learning and engagement between villages. Success measures will include: the level of employment in rural areas; the number of jobs created or supported; effective lobbying for improved digital infrastructure in rural areas; the number of businesses and projects supported in rural areas.

Performance: Ensuring we take time to understand our customer’s need

and manage our people, money and assets effectively so we can deliver on our objectives for the borough.

 Engage, communicate and listen to our residents and customers We will take time to determine our customers wants and needs and listen and respond to their feedback. Success measures will include: the level of customer satisfaction; the number of unqualified audits; resolution of complaints without recourse to the ombudsman.

 Be financially responsible We will work to realise savings while delivering excellent services and facilities. Success measures will include: annual rate increases versus the rate of inflation; percentage of residents considering the Council provides value for money; performance against operating budget.

 Maximise the potential of our staff to deliver outcomes We will invest in our people to ensure we have a skilled, adaptable and motivated workforce. Success measures will include: securing and maintaining an Investors in People award; staff turnover; staff attendance; percentage of staff operating to personal development plans; health and safety compliance.

 Deliver high quality customer focussed services We will work to ensure our services meet our customer’s needs. Success measures will include: level of customer satisfaction; number of quality awards secured; the level of performance against targets.

 Establish and grow productive partnerships We will develop and grow effective partnerships that deliver better social, economic and environmental outcomes for the borough. Success measures will include: the number of collaborative funding applications made; the number of successfully developed and effective partnerships; the number of partnership programmes delivered to the community.

Delivering the plan

This document sets out the overall strategic direction for the council in the 2015-19 period. This plan is underpinned by a range of strategic and operational plans, which set out in more detail how our vision and priorities will be delivered. These plans contain specific targets, which are allocated to service units to deliver.

Progress against targets will be monitored and reviewed regularly through the council’s performance management framework.

Overall progress on delivering the corporate plan will be reported to the council on a regular basis and an annual performance review will be published online at ardsandnorthdown.gov.uk

This corporate plan 2015-19 sits alongside the council’s budgets/financial strategy. These documents ensure that resources are available for the delivery of the plan.

The corporate plan 2015-19 also links closely to the council’s risk management strategy and corporate risk register. The Council has a comprehensive approach to risk management that ensures that all strategic risks are appropriately identified, managed and mitigated against.

A Community plan and local development plan for the borough will be progressed throughout 2015/16 with refinements to the Corporate plan where necessary.

Strategic Role of the Council

Facilitate, enable, empower

Represent, consult Accountable, deliver, respond co-ordinate Vision

Advocate, Lead, proactive, partnership, liaison motivate

Our Core Values

We are an organisation that people are proud to work for and which is passionate about the quality of its service delivery.

Our core values that underpin all that we say and do are ‘PRIDE’

Our core values – these drive how we will all work and act as teams and employees of the council. Taken together these summarise what we promise to do and be as a council over the next four years for the city and its residents.

 Progression – We will be proactive, ambitious, innovative, forward thinking and outward looking.  Respect – We will treat everyone in a fair and equitable manner, respecting diversity and each other’s roles.  Integrity – We will always be open, honest, transparent, trustworthy and accountable in our business relationships.  Delivery – We will ensure a “can do” attitude, being passionate about achieving results, performance driven and outcome focussed.  Excellence – We will strive to deliver continuously improving and excellent quality services whilst ensuring value for money.

Appendix 2 - Corporate Plan – List of Public Consultation Respondents

James Bill, Bloomfield Centre, Bangor

Joe Boyle, Elected Member of Ards and North Down Borough Council, Member of SDLP

Simon Bridge on behalf of:

Community groups in Holywood including Holywood and District Community Council, Holywood Conservation Group, Holywood Men’s Shed, Holywood Music Festival and Holywood Shared Town

Paul Buckle, Resident

Louise Lyttle on behalf of: North Down Community Network, Bloomfield Community Association, Rathgill Community Association, Clandeboye Village Community Association, Breezemount Community Association, Whitehill Community Association and Conlig Community Association

Mark Mackey, Ballyholme Yacht Club

Caroline Mageean, Chair for Portaferry Gala Committee

Eric Rainey, Honorary Secretary, Cloughey and District Community Association

Rosemary Richardson, Ards and North Down Borough Council

John Turner, Resident

ITEM 12

Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27th May 2015

Responsible Officer Director of Community and Wellbeing

Date of Report 1st April 2015

File Reference

Legislation Justice Act (Northern Ireland) 2011

Section 75 Compliant Yes  No Not Applicable

Subject Appointment of Chair to Ards and North Down Borough Council PCSP

Attachments

Policing and Community Safety Partnerships (PCSP’s) are statutory bodies established under the Justice Act (Northern Ireland) 2011. It is anticipated that Ards and North Down Borough Council PCSP will be established on 1st June 2015. Previously, at a meeting of the shadow Council in August 2014, it was agreed that the partnership would consist of 10 elected and 9 independent Members. At the Annual meeting on 26th March 2015 the following elected Members were appointed.

Councillor Barry - GRN Councillor Cathcart - DUP Councillor Cooper - TUV Councillor Cummings -DUP Councillor Edmunds -DUP Alderman Henry -UUP Alderman Irvine -DUP Councillor Martin -DUP Councillor Menagh -IND Councillor Wilson- ALL

In accordance with the legislation, Ards and North Down Borough Council must now appoint a Chair to the PCSP. Schedule 1 states:

10-(1) For each PCSP there shall be- (a) a chair appointed by the council from among the political members; and (2) in appointing to the office of chair, the council shall ensure that, so far as practicable – (a) a person appointed to that office for a term of 12 months at a time, or where that period is shorter than 10 months, for a period ending with the reconstitution date next following that person’s appointment;

ITEM 12

(b) that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election. (5) for the purposes of this Schedule an independent member of a council shall be treated as a party.

For information, the Chairman does not attract an additional allowance however they may claim for 1 addition meeting per month. A process should be agreed in line with the legislation for the Chair to be elected from each of the four largest parties on the Council in turn. These parties are DUP, UUP, Alliance and Green. Once the process is agreed then the first Chair for 2015/16 should be nominated and agreed.

RECOMMENDATION

It is recommended that the Council considers the process for nomination of the Chair of the PCSP and agrees the position of Chair for the period 1 June 2015 to 31 May 2016.

Consultation

Continuing to Connect Telecoms 2015-2017 Consultation May 2015

Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 1

INTRODUCTION

This document is to present how telecommunications can be further advanced in Northern Ireland by Government. It is set against the background that telecommunications in the UK is fully privatised and independently regulated. Telecommunications policy is a reserved matter with responsibility primarily resting at Westminster.

It is set against the context of significant budgetary pressures on the Northern Ireland Executive. Government intervention must address market failure and be additional to investment from the private sector.

The proposals cover a two year period from 2015 to 2017.During this period, there may be a Comprehensive Spending Review and departmental restructuring. The proposals will be reviewed if these impact on telecoms.

POLICY CONTEXT

The telecommunications market in Northern Ireland, as in the rest of the UK, is fully privatised and independently regulated on a national basis by the Office of Communications (Ofcom).

Telecommunications is a reserved matter meaning that it has not been devolved to the Northern Ireland Executive but is controlled centrally by the Department of Culture, Media and Sport (DCMS) in London.

Under the Communications Act 2003, the Department of Enterprise, Trade and Investment has been given limited powers to intervene where there is evidence of market failure but this has to be undertaken with caution in order to avoid distortion of the market and comply with European regulations.

STRATEGIC CONTEXT

The Digital Agenda for Europe1 (DAE) aims to help Europe’s citizens and businesses to get the most out of digital technologies. The DAE targets broadband speeds of 30Mbps or above (aka Superfast or Next Generation Access) for all European Union citizens, with half of households subscribing to connections of 100Mbps or higher (Ultrafast) by 2020.

1 Digital Agenda for Europe homepage http://ec.europa.eu.digital-agenda/ Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 2

The UK Government has stated its commitment2 to continue to invest in broadband that will result in extending superfast broadband to 95% of premises by 2017 and to explore with the industry how to expand coverage further using more innovative fixed, wireless and mobile broadband solutions to reach at least 99% of premises across the UK by 2018”.

It also recognises the need to plan ahead to make sure that our digital communications infrastructure meets the needs of users in the UK and maintains a competitive edge to retain and attract business3.

The Northern Ireland Executive’s Economic Strategy recognises that, to underpin economic growth, Northern Ireland needs a modern and sustainable economic infrastructure. It also recognises the need to build on NI’s existing strengths, including our status as one of the first UK regions to deliver extensive next generation broadband services.

A key aim of the Executive’s Regional Development Strategy is to implement a balanced approach to telecommunications infrastructure that will provide a competitive advantage.

The Programme for Government 2011 -2015 sets growing a sustainable economy and investing in the future as a priority and states that this means ‘enhanced economic infrastructure‘. The continued development of Northern Ireland’s telecoms infrastructure is also relevant to other Programme for Government targets which aim to improve the quality and cost effectiveness of public services in terms of access and the range of contact channels available, including better quality and consistent online services.

The Economic Pact between the Northern Ireland Executive and the UK Government acknowledges the need to build on Northern Ireland‘s strong communications infrastructure in boosting the Northern Ireland economy.

CURRENT MARKET ASSESSMENT

Broadband

The telecommunication industry is continuing to spend in Northern Ireland but, given the economics of network deployment, private sector led investment generally tends to be focused in lower cost urban and suburban areas. This means the extent of the services available, and the number of service providers offering these services, tends to be greatest in areas of higher population density.

2 Connectivity, Content and Consumers – Britain’s digital platform for growth (DCMS, July 2013) 3 Digital Communications Infrastructure Strategy –Consultation August 2014 Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 3

There is some limited private sector led investment outside these areas, particularly by service providers using fixed wireless technology. However, in light of the critical role that broadband deployment and adoption can serve in the process of enabling economic growth across the region, DETI has intervened to balance private sector investment trends with the Next Generation Broadband Project and the more recent Northern Ireland Broadband Improvement Project [covered later], which have both served to provide improved broadband technologies and infrastructure into more rural areas.

Eight in ten households in Northern Ireland (80%) have taken up an internet connection in the first quarter of 2014, coming close to the UK average of 82%.

In terms of the take-up of superfast broadband services (defined by Ofcom as 30Mbps+), Northern Ireland exceeds the UK average, with penetration of 22% of premises.

Fixed access Take-up of fixed Take-up of broadband take- broadband, % of superfast up residential broadband, % of premises premises

England 73% 22%

Scotland 73% 16%

Northern Ireland 70% 22%

Wales 69% 13%

Total UK 73% 21%

Source: Ofcom UK Communications Infrastructure Report: December 2014

Over four in ten households in Northern Ireland have a tablet computer. Among the UK nations, tablet take-up is highest here and in Wales having increased by 16 percentage points over the past year to 45%. Rural areas of Northern Ireland saw the most dramatic rise from 19% in Quarter 1 of 2013 to 52% in Quarter 1 of 20144

4 Communications Market Report (Ofcom -August 2014) Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 4

Mobile

Significant investment by mobile phone companies is delivering better 3G coverage for consumers in Northern Ireland. EE and Three have improved their shared network, which has seen 3G population coverage reach 95%. O2 and Vodafone are committed to making improvements to their shared network to deliver similar levels of coverage.

As part of the 4G spectrum auction in early 2013, O2 Telefonica is obliged to provide indoor mobile broadband reception to at least 98% of the UK population by end 2017. O2 has committed to achieving this in Northern Ireland by 2015. A 4G network which meets this requirement is likely to cover more than 99% of the UK population when outdoors.

In addition to the UK-wide coverage obligation, the Regulator requires the same operator to provide indoor service to at least 95% of the population of each of the UK nations. Outdoor coverage for the network meeting this obligation is likely to be around 97% of the population of each nation, and Northern Ireland will have similar levels of other parts of the UK.

Service providers are currently upgrading their existing 2G and 3G networks with a view to increasing coverage.

98.9% of Northern Ireland premises currently have 2G mobile coverage from at least one operator. 5 99% of Northern Ireland premises currently have 3G mobile coverage from at least one operator. 4

79.2% of Northern Ireland premises currently have 4G mobile coverage from at least one operator4.

GOVERNMENT INVESTMENT

Broadband

Since 2004, DETI has developed and delivered a number of important infrastructure projects, drawing on funding from the EU, UK Government and Northern Ireland Executive sources. By the end of 2015, some £64m of public investment will have been made in broadband.

5 Communications Market Report (Ofcom: August 2014) Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 5

HISTORY OF NI GOVERNMENT INVESTMENT

Project Kelvin established a direct international link between the North West and North America.

Next Generation Broadband Project has helped deliver access to higher speed broadband services to at least 85% of businesses across Northern Ireland.

Fibre deployment has been completed to 1,265 cabinets and when added to BT’s own investment, some 2480 cabinets allow around 89% of telephone lines in Northern Ireland to be connected to a fibre enabled cabinet.

Remote Broadband Service contract promoted satellite broadband services to domestic consumers and business premises. Northern Ireland Broadband Fund supported 8 projects which resulted in the roll out of fixed wireless services across rural Northern Ireland and the completion of a number of technology trials to explore potential broadband solutions in rural areas.

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POSTCODES WHERE NGA NETWORKS ARE AVAILABLE

The map (Source: Ofcom) shows the postcodes where Next Generation Access (30Mbps) networks are available. Throughout most of the UK, superfast broadband roll out is largely concentrated in urban areas, where it is cheaper to deploy new infrastructure because of population density , the impact of public sector interventions to extend NGA availability in Northern Ireland is clearly visible.

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The Northern Ireland Broadband Improvement Project will further extend broadband coverage. It is expected to provide access to standard 2Mbps broadband to 96% of premises and superfast broadband to at least 85% of premises by 2015. More choice and improved speeds will be brought to at least 45,000 premises.

The UK Government is making further funding available to extend superfast broadband across the UK. Under the Superfast Rollout programme, Northern Ireland has an indicative allocation of £7.24m and DETI is seeking to match this amount resulting in a potential total of £14.48m. This may be further supplemented with a supplier contribution. If a further intervention presents value for money, this will provide further or improved broadband coverage across Northern Ireland.

Mobile

In comparison to broadband, the mobile coverage has been more problematic in Northern Ireland. Issues such as reliability, customer experience and inadvertent roaming have continued to feature as unwelcome and constant areas of complaint. The Mobile market has been in a process of rationalisation and consolidation. A number of operators have chosen to share infrastructure, which has helped reduce operating costs. A number of operators have also been successful in the outcome of the auction for 4G spectrum.

The UK Government is implementing the Mobile Infrastructure Project (MIP) across the UK to improve basic voice and data services. Northern Ireland will benefit in that around 72 provisional mast sites have been identified to address those ‘not spot’ areas where no mobile coverage is available and from which improved services will be delivered by 2015. The industry has indicated that this project, while aimed at basic services, allows it the opportunity to upgrade 3G/4G services where possible.

In addition, the UK Government has agreed with the four mobile networks that they improve mobile coverage across the UK. It will bring a further £5bn in investment from the four operators and result in cutting total ‘not-spots’ where there is currently no mobile coverage by two-thirds. This will support the Government’s existing £150m MIP project to take mobile coverage to the areas of the UK that have no coverage at all.

FUTURE DEMAND

The online activity of citizens in Northern Ireland will continue to grow, and the requirement for higher bandwidth intense services will increase. This will be even more challenging given the multiple use of these services within individual households.

We need to ensure that our telecommunications infrastructure continues to offer a competitive advantage, both in terms of our businesses being able to compete

Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 8

successfully in external markets and in promoting Northern Ireland as an attractive inward investment location. With this in mind, DETI is conducting an audit of broadband services to business parks that it has identified.

Businesses will require higher bandwidth services with many sectors, such as ICT digital, financial/legal services and manufacturing, needing to share or store large volumes of data. Usage and availability of cloud based software services is increasing, with more businesses using ICT to share/store data and information within their business and also between the business and customers/consumers.

Fast mobile data is becoming essential for businesses in Northern Ireland. The availability of fast mobile broadband will allow businesses to be more confident about implementing ICT for use by remote workers, enabling them to be more productive and efficient.

Mobile services are vital from a tourism perspective. Social media is transforming the travel industry in terms of visitor behaviour and will have a major impact on how the hospitality and tourism sector will compete effectively in the future. It is already happening – 52% of Facebook users have said that their friends’ photos have influenced their holiday choice; 41% of consumers write reviews about their travel experiences; and 24% of UK consumers share their experiences via social media while on holiday and a further 49% when they return home.

Northern Ireland can be rightly proud of what has been achieved. The infrastructure that has been put in place contributes to us having a world class facility that attracts foreign investment. However, we must not fall into the trap of becoming complacent. We are well aware that not every area is well served and particularly deep rural areas continue to experience difficulties in coverage, speeds and reliability

The market is fast moving. As we move into the hard to reach rural areas, technological advances are helping us to improve broadband access and to meet the ever increasing needs of technologically advanced customers.

It is estimated that the availability and take-up of faster broadband speeds will add around £17 billion to the UK’s annual Gross Value Added by 20246.

PROPOSALS

Working within the budgetary pressures we face and in line with the strategic and policy context outlined earlier, DETI will work to ensure that Northern Ireland remains at the forefront of the development and deployment of telecoms infrastructure.

6 UK Broadband Impact Study (SQW -November 2013) Department of Enterprise, Trade and Investment Telecoms 2015 – 2017 - Continuing to Connect P a g e | 9

Improve infrastructure

 DETI will continue to liaise with DCMS to ensure that Northern Ireland benefits from any future funding from the UK Government to extend the roll-out of superfast broadband to rural areas and the support to business through super connected cities.

 We will specifically work to complete the broadband Superfast Rollout Programme Phase II and secure around £14.48m public funding on a value for money basis.

 DETI will assess if further intervention is required in mobile infrastructure once the industry investment and the UK Government project have completed.

 DETI will continue to explore other sources of funding to help Northern Ireland achieve the goals of the Digital Agenda for Europe initiative by 2020.

 We will continue to work with the telecommunications regulator Ofcom and other statutory bodies to ensure that the regulatory environment within which telecoms infrastructure development takes place is sustainable.

 We will continue to work to ensure that the development of telecoms infrastructure is balanced across Northern Ireland, capable of supporting effective and efficient public services and contributing to economic growth.

 We will consider the outcome of the audit of broadband services to identified business parks.

Educate and Inform

 We will engage with business partners and the community to explore how we ensure that Northern Ireland is fully exploiting the benefits of our telecoms infrastructure.

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CONSULTATION QUESTIONS

Q. What role has DETI in ensuring our telecommunications is the best in the UK and Europe?

Q. How should Government target its support to the telecommunications market, given the existing budgetary pressures?

Q. Is there a need to better inform and educate people on broadband and mobile options and their use?

HOW TO RESPOND TO THIS CONSULTATION

Responses to this consultation should reach DETI on or before 5.00pm on Friday 31st July 2015 and should be sent to:

[email protected]

or by post to:

Telecoms Branch Department of Enterprise, Trade and Investment Netherleigh Massey Avenue BELFAST BT4 2JP

All responses should include the name and postal address of the respondent.

If you require access to this Statutory Consultation document in a different format – eg Braille, disk, audio cassette, larger font – or in a minority ethnic language please contact the Department on 028 9052 9308 and appropriate arrangements will be made as soon as possible.

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Confidentiality & Data Protection

Your response may be made public by DETI and placed on the DETI website as part of the consultation process. If you do not want all or part of your response or name made public, please state this clearly in the response by marking your response as ‘CONFIDENTIAL’. Any confidentiality disclaimer that may be generated by your organisation’s IT system or included as a general statement in your fax cover sheet will be taken to apply only to information in your response for which confidentiality has been specifically requested.

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA) and the Data Protection Act 1998 (DPA)). If you want other information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

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Road Traffic (Speed Limits) Bill as Introduced

CONTENTS

1. Speed limit on residential roads

2. Publicity

3. Consequential amendments

4. Power to make supplementary and consequential provision

5. Power to make transitional provision

6. Exercise of power before commencement

7. Commencement

8. Short title

Schedule

Consequential amendments

B i l l

Set a maximum speed limit on residential roads of 20 miles per hour.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Speed limit on residential roads

1. In Part VI of the Road Traffic Regulation (Northern Ireland) Order 1997 (speed limits) after Article 37 insert⁠—

“General speed limit on residential roads

37A.—(1) Subject to the provisions of this Part, it shall not be lawful for any person to drive a motor vehicle on a residential road at a speed exceeding 20 miles per hour. (2) The Department may by order provide that at times, on days or during periods specified in the order, paragraph (1) shall not apply⁠—

(a) as respects any length of road specified in the order; or

(b) generally.

Residential roads

37B.—(1) Subject to the provisions of this Article and Article 38(3), a length of road shall for the purposes of this Order be a residential road⁠—

(a) if⁠—

(i) a system of street lighting furnished by means of lamps placed not more than 185 metres apart is provided on that length of road (not being a special road); and

(ii) the road of which the length of road is part has not been classified under Article 13 of the Roads (Northern Ireland) Order 1993 (classification of roads); or

(b) if there is in force in relation to that length of road an order under paragraph (3)(a).

(2) The points at which any length of road begins and ceases to be a residential road⁠—

(a) as respects such a residential road as is referred to in paragraph (1)(a), shall be such points, distant not more than 185 metres from the first and last respectively of the lamps by means of which the system of lighting is furnished, as may be indicated by traffic signs;

(b) as respects such a residential road as is referred to in paragraph (1)(b), shall be such points as shall be designated in the relevant order.

(3) The Department may by order direct that any length of road specified in the order⁠—

(a) shall be a residential road; or

(b) shall, notwithstanding paragraph (1)(a), not be a residential road.

(4) In determining whether or not to make an order under paragraph (3) the Department shall take into account whether the length of road⁠—

(a) is in a predominantly residential area;

(b) is part of a major thoroughfare. (5) The powers conferred by sub-paragraphs (a) and (b) of paragraph (3) are exercisable in respect of any length of road which is already a residential road by virtue of sub-paragraph (a) or (b) of paragraph (1).”.

Publicity

2. The Department for Regional Development must, before the day on which section 1 comes into operation, take such steps as in its opinion are appropriate to publicise⁠—

(a) the nature of residential roads,

(b) the speed limit on residential roads, and

Consequential amendments

3. The Schedule (which makes consequential amendments) has effect.

Power to make supplementary and consequential provision

4 .—(1) The Department for Regional Development may by order make such supplementary, incidental or consequential provision as it considers necessary or expedient to give effect to this Act.

(2) An order under this section may amend, modify or repeal any provision of the Road Traffic Regulation (Northern Ireland) Order 1997.

(3) An order which does so must not be made unless a draft of the order has been laid before and approved by a resolution of the Assembly.

(4) Any other order under this section is subject to negative resolution.

Power to make transitional provision

5.—(1) The Department for Regional Development may by order make such transitional provisions and savings as it considers appropriate in connection with the coming into operation of this Act.

(2) An order under this section is subject to negative resolution.

Exercise of power before commencement

6. The power in Article 37B(3)(b) of the Road Traffic Regulation (Northern Ireland) Order 1997 (as inserted by this Act) may be exercised at any time after the making of this Act, if the Department for Regional Development thinks it appropriate to do so, for the purpose of securing that the speed limit on a length of road remains the same before and after this Act comes into operation.

Commencement

7.—(1) Sections 2 and 6 of this Act come into operation at the end of the period of 3 months after the date of Royal Assent.

(2) The remaining provisions of this Act come into operation at the end of the period of 2 years after the date of Royal Assent.

Short title

8. This Act may be cited as the Road Traffic (Speed Limits) Act (Northern Ireland) 2014.

SCHEDULE

Section 3

CONSEQUENTIAL AMENDMENTS

Statutory Rules (Northern Ireland) Order 1979

1. In Schedule 3 to the Statutory Rules (Northern Ireland) Order 1979 (statutory rules exempted from requirement as to printing and sale), in paragraph 7A after “37” insert “37A(2)(a), 37B,”.

Road Traffic (Northern Ireland) Order 1995

2. Article 24A of the Road Traffic (Northern Ireland) Order 1995 (requirement to notify bus passengers to wear seat belts) is amended as follows⁠—

(a) in paragraph (5) for “of restricted roads” substitute “of either restricted roads or residential roads”;

(b) in paragraph (6) at the appropriate point in alphabetical order insert⁠— ““residential road” means a road that is a residential road for the purposes of Article 37A of the Road Traffic Regulation (Northern Ireland) Order 1997 (other than a road which is a residential road by an order made under Article 37B(3)(a) of that Order) or would be a residential road but for an order under Article 37B(3)(b) or an order under Article 38(1)(a) of that Order.”

Road Traffic Regulation (Northern Ireland) Order 1997

3. The Road Traffic Regulation (Northern Ireland) Order 1997 is amended as follows. 4. In Article 36(4) (application of Schedule 5) for “Articles 37 and 38” substitute “Articles 37, 37A, 37B and 38”.

5. After Article 37(1) (restricted roads) insert⁠—

“(1B) But a road is not a restricted road if it is a residential road by virtue of Article 37B.”.

6. In Article 38 (speed limits on roads other than restricted roads)⁠—

(a) in the title, at the end add “or residential roads”,

(b) in paragraph (3) after “shall not be a restricted road” insert “nor a residential road”.

7. In Article 43 (contravening speed limit)⁠—

(a) After paragraph (2) insert⁠—

“(2A) Where a residential road leads directly into or out of a non-residential road which is a public road, it shall be a good defence for any person charged with an offence under this Article for exceeding the speed limit applicable to the residential road to prove that the person entered on the residential road from the non-residential road and that at the time when the person did so adequate guidance was not given by means of traffic signs required to be erected under Article 41 as to the place where the residential road began.”,

(b) in paragraph (4) after “Article 36” insert “or 37A”,

“(4A) In any proceedings for an offence committed in contravention of Article 37A a certificate of an officer of the Department stating that a road was not classified under Article 13 of the Roads (Northern Ireland) Order 1993 (classification of roads) at the time when the offence is alleged to have been committed shall be evidence of the fact certified, and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.”.

8. In Article 74(4) (regulations and orders) after “Article 36(3)(b)” insert “, 37A(2)(b)”.

9. In Schedule 5 (orders under Article 36(3)(a), 37 or 38)⁠—

(a) in the title; and

(b) in paragraphs 1, 4, 5 and 6, after “37” in each place that it occurs, insert “37A(2)(a), 37B”.

Road Traffic (Speed Limits) Bill Explanatory and Financial Memorandum as Introduced

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared on behalf of Mr Pat Ramsey MLA (“the Sponsor”) in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill so where a clause, or part of a clause, or Schedule, does not seem to require an explanation or comment, none is given.

3. The Bill was originally introduced by Mr Conall McDevitt MLA in June 2013 and re-introduced by Mr Pat Ramsey MLA following Mr McDevitt’s resignation from the Assembly in September 2013.

POLICY OBJECTIVES

4. The principal objective of the Bill is to reduce the number of accidents and fatalities on the roads and create a safer environment in this region.

5. The Bill seeks to do this by reducing the speed limit on minor residential roads, whilst maintaining the option for the Minister to issue an order specifying a different speed limit.

6. The Bill places an additional duty on the Department for Regional Development to carry out a public information campaign in advance of the Act coming into operation.

CONSULTATION

7. The Bill’s original Sponsor undertook a public consultation over a seven-week period on the policy objectives and proposed options for the Bill. A total of 41 responses were registered, from which it was clear there was almost universal agreement on the objectives of the Bill.

8. A majority of respondents stated that they believed that the proposal should apply only to residential roads.

9. The consultation responses highlighted the two options as detailed below, with respondents split on which approach would be most effective and desirable. Some felt that blanket legislation may be costly, however further research into examples in other jurisdictions has dispelled this as incorrect, and shown that in fact a blanket approach has proven to be more cost-effective in many cases.

OPTIONS CONSIDERED

10. In developing this legislation, the following options were considered:

 Option 1: a “zonal” approach whereby designated areas would become 20mph zones. There are already some pilot 20mph zones across Belfast at present, and the legislation would propose to specify each zone in its accompanying schedule. This is in line with current government policy but would force the pace on implementing the zones, and so would not be contentious. The disadvantage of this option is that it does not represent the spirit of holistic change sought.

 Option 2: that all restricted unclassified roads would become 20mph through enactment of the proposed legislation. Exemptions would be determined via a Departmental order-making power. This approach was deemed to be the most comprehensive approach, and a delayed commencement date has been incorporated to facilitate a public awareness campaign and to ensure driver awareness of the change in legislation.

11. Option 2 was chosen on the basis of providing a more substantive and holistic approach to the problems identified.

OVERVIEW

12. The Bill seeks to establish a new speed limit of 20 miles per hour on minor residential roads. The Department can exempt certain roads from this speed limit if, for example, they are not in residential areas, or if they are part of major thoroughfares.

COMMENTARY ON CLAUSES

Clause 1: Speed limit on residential roads

The Road Traffic Regulation (Northern Ireland) Order 1997 sets a speed limit of 30 miles per hour on ‘restricted roads’.

Clause 1 inserts two new Articles into the Road Traffic Regulation (Northern Ireland) Order 1997. The first Article, 37A, sets a speed limit of 20 miles per hour on a new category of roads called ‘residential roads’. The second Article, 37B, states that a road is a ‘residential road’ if it:

a) has street lights at specified intervals (as with current 30mph roads); and

b) is unclassified.

Roads are classified under the Roads (Northern Ireland) Order 1993, and in practice a road is normally unclassified if it is a minor road. Under Article 37B(3) the Department will have the flexibility to make orders specifying that certain roads are, or are not, ‘residential roads’, whether or not they meet these criteria. In so doing, the Department has to consider whether or not the road is: a) in a predominantly residential area; or b) a major thoroughfare.

The Department could, for example, make an order that the 30 miles per hour speed limit should continue to apply where a minor road is a significant thoroughfare in a town even though it goes through a residential area. Equally, for example, minor roads in or around a major commercial area of a town could be excluded.

Clause 2: Publicity

The second clause requires the Department to raise public awareness of the change in the law before it takes effect. This will include raising awareness of the procedure under which certain roads could be excluded from the scheme.

Clause 3: Consequential Amendments

Clause 3 gives effect to the Schedule.

Clause 4: Power to make supplementary and consequential provision

The Schedule sets out consequential amendments to primary legislation necessary to give effect to the Bill. Clause 4 gives the Department power to amend subordinate legislation in order to give effect to the Bill (subordinate legislation is not normally amended directly by primary legislation). The Department may wish to amend some of its existing subordinate legislation that refers to restricted roads by extending the references to include residential roads. For example, it may wish to amend its existing Motor Vehicle Regulations. An order made under this provision would take effect unless the Assembly voted against it under the ‘negative resolution’ procedure.

Clause 4 also includes a power to amend, by order, the Road Traffic Regulation (Northern Ireland) Order 1997 but such an order would require the support of the Assembly through the ‘draft affirmative’ procedure.

Clause 5: Power to make transitional provision

Transitional provisions are temporary provisions which help to manage the change from an old regime to a new regime. Clause 5 grants the Department the power to make transitional provisions. For example, the Department has already set a speed limit of 20 miles per hour on a limited number of roads and it may wish to modify this as the new regime takes effect. Clause 6: Exercise of power before commencement

Clause 6 is designed to make the new system work smoothly and avoid roads having their speed limit changed automatically under the new legislation and then changed back by an order of the Department some weeks or months later. By allowing early exercise of the order-making power under clause 1 (Article 37B(3)), clause 6 allows the Department to exclude from designation roads considered inappropriate for designation as 20mph roads, for example, non-residential roads or major thoroughfares.

Clause 7: Commencement

Clause 7 defers commencement of the key provisions of the Bill for two years after Royal Assent. This gives the Department two years to carry out its duty under clause 2 to raise awareness of the new speed limit and procedures for excluding roads from the scheme and also to exercise its power under clause 6 to exclude certain roads from the scheme.

Schedule

The Schedule makes consequential amendments to ensure that residential roads and restricted roads can co-exist in the 1997 Order and sets out in detail the consequences of being a residential road such that the treatment of residential roads parallels (as far as possible) the treatment of restricted roads. The key provision is that, if a road is a residential road, it cannot be classified as a restricted road.

The Schedule includes, at paragraph 7(a), a defence to a charge of speeding where a driver enters a residential road from a non-residential road and there are no signs informing drivers that the road is residential. Paragraphs 7(b) and 7(c) of the Schedule provide that, if a driver is charged with speeding on a residential road, an official of the Department can give evidence (via a certificate) that the street lights were a certain distance from one another and that the road was an unclassified road.

FINANCIAL EFFECTS OF THE BILL

13. The main financial effect of the Bill derives from the cost of signage, and the assessment that the initial cost of implementation would be minimal in comparison to the continuous costs of implementing traffic calming measures. An Assembly Question tabled by Mr McDevitt revealed that the Department for Regional Development spent £1,506,000 on traffic-calming schemes implemented in the three financial years from 2007 – 2010 in the Greater Belfast Area (AQW 8173/10).

14. Research conducted by Transport for London on the financial implications of a 20mph speed limit estimated that the cost to the city of road collisions in 2007 was £1.9 billion, whilst the 20mph zones in existence in London are estimated to already be saving more than £20 million every year in crashes that have been prevented. 15. In contrast, the cost of road signs is remarkably low. In Portsmouth, the cost of converting 1200 streets in the city to 20mph was just over £500,000. Prior to this, the city had been planning to spend £2 million on ten targeted 20mph zones over five years.

16. Thus the examples detailed above illustrate the potential cost-saving implications of implementing a 20mph speed limit, as well as show the minimal cost of signage, which had been raised as a concern by some at the consultation stage.

HUMAN RIGHTS & EQUALITY ISSUES

17. The Bill is considered to be compatible with the European Convention on Human Rights.

18. It is further considered that the Bill will not have an adverse impact on any of the groups listed in section 75 of the Northern Ireland Act 1998.

LEGISLATIVE COMPETENCE

19. At introduction, the sponsor of the Bill, Mr Pat Ramsey, had made the following statement under Standing Order 30:

“In my view the Road Traffic (Speed Limits) Bill would be within the legislative competence of the Northern Ireland Assembly.”

COMMITTEE FOR REGIONAL DEVELOPMENT

Please use this form to submit written submissions in relation to the Roads Traffic (Speed Limits) Bill. Return to [email protected]

Name: ______

Organisation: (if applicable) ______

Date: ______

For official use only

Date received: ______

Ref Number: ______

ITEM 16.1

Ards and North Down Borough Council

Council/Committee Council Meeting

Date of Meeting 27th May 2015

Responsible Officer Head of Building Control, Licensing and Neighbourhood Environment

Date of Report 15th May 2015

File Reference PEL 337

Legislation Local Government (Miscellaneous Provisions) (NI) Order 1985

Section 75 Compliant Yes No Not Applicable x

Subject Grant of Entertainment Licence for Duffy’s Circus

Attachments

An application has been received for the grant of an entertainment licence as detailed below.

APPLICANT ENTERTAINMENTS PEL 337

Indoor PERIOD Mark McFerran 23 Morey Drive Monday to Friday Donaghadee  A circus 4:00pm – 10:00pm

LOCATION Saturday to Sunday 2:00pm – 7:00pm Site at Castlebawn Roundabout Newtownnards

The applicant has indicated that he wishes to hold the entertainment on 10th to 14th June 2015 subject to the necessary licence being in place.

It is intended to place this application before the Environment Committee meeting on 3rd June 2015 for consideration. In view however of the time constraints involved the licence can only be issued, if agreed, should delegated authority be provided by the Council to the Environment Committee. ITEM 16.1

RECOMMENDATION

It is recommended that the Council approves the delegation of authority to the Environment Committee’s meeting to be held on 3rd June 2015 in order that it may consider and decide on the application for the entertainment licence described above. ITEM 16.2

Ards and North Down Borough Council

Council/Committee Council

Date of Meeting 27th May 2015

Responsible Officer Director of Finance and Performance

Date of Report 20th May 2015

File Reference FIN20

Legislation Local Government (Accounts and Audit) Regulations (NI) 2006

Section 75 Compliant Yes No Not Applicable x

Subject Delegation of Powers to Audit Committee – Approval of Financial Statements

Attachments

The above regulations require a Committee or Council itself to approve financial statements before for submission to the Department of the Environment by 30th June prior to audit by the NI Audit Office.

Draft Financial Statements for North Down and Ards District Council, two legacy Councils and three Joint Committees are currently being prepared by the Finance Service in accordance with the appropriate Department of the Environment accounts directions and CIPFA Code of Practice on Local Authority Accounting.

Authority is sought to delegate Council powers to the Audit Committee in June 2015, to consider and approve the above financial statements in line with usual practice.

RECOMMENDATION

It is recommended that the Council delegates authority to the Audit Committee to approve the Financial Statements as detailed above.