MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 8 May 2007. The meeting commenced at 7.30 pm.

Presiding I P Milne

Other Members Present J Campbell P J Bateson T J Catherwood J Crawford Mrs E A Forde Mrs A C Gribbon P E Groogan O T Hughes J F Kerr Miss K A Lagan Rev Dr R T Wm McCrea, MP, MLA (joined the meeting at 7.32 pm) Mrs K A McEldowney P McLean J J McPeake G C Shiels

Officers Present J A McLaughlin, (Chief Executive) J J Tohill (Director of Finance and Administration) Mr R Beattie (Senior Environmental Health Officer) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance

Lough Neagh and Lower Bann Advisory Committees: Ms Caroline Marshall – Liaison Officer

Planning Service: Ms Sandra Adams, Planning Officer – DoE Planning Service

1 MINUTES

1.1 Councillor G Shiels referred to Page 33 of the Minutes – Item 21 – Members’ Services Committee and said that as he had been recorded as having left the meeting at 9.30 pm even though he felt it should have been after the adjournment, and as such he could not have seconded the adoption of the Members’ Services Committee Minutes.

1.1.1 On consideration it was agreed that Councillor T J Catherwood’s name replace Councillor Shiels’ name as Seconder for the adoption of the Minutes of the Members’ Services Committee held on 11 April 2007.

Councillor Rev Dr R T Wm McCrea joined the meeting at 7.32 pm.

2 1.1.2 It was

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

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 17 April 2007 (copy previously circulated to each Member) subject to the above amendment, be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

2.1 Submitted a letter of thanks from Ms Pauline Keegan, Director of Rural Development acknowledging the Council’s letter in connection with the Implementation Proposals for the new Rural Development Programme and stating that a reply was being worked on and Department would come back to the Council as soon as possible.

Noted.

2.2 The Chief Executive advised Members of a letter of invitation from the Northern Housing Executive to the Launch of its ‘Rural Action Plan’ and ‘Rural Matters’ on the first morning of the Balmoral Show in the Kings Hall, Belfast on 16 May 2007 from 9.30 am to 11 am (copy circulated to each Member).

On consideration it was agreed that any Councillor who wished to attend should contact the Chief Executive’s office.

Noted.

3 PRESENTATION – LOUGH NEAGH AND LOWER BANN ADVISORY COMMITTEES

The Chairman welcomed Ms Marshall to the meeting. He said that Ms Marshall had come at the request of the Council to explain the Lough Neagh and Lower Bann Management Structure 2007 – 2010 and any further questions Members wished to ask.

Ms Marshall gave a PowerPoint presentation explaining the issues relevant to Magherafelt District Council. She gave an overview of the function of the Advisory Committees to other organisations, which included:

• Advise to the conservation of the natural and man-made heritage • Advise to drainage and navigation • Advice on the management and development of land and water based recreation.

She explained action taken by the Management Committee during 2004-2007:

• Lough Neagh Management Strategy • Lower Bann & Lough Neagh Partnerships • Ramsar Boundary • Lough Neagh Navigation Authority & Chart • Lough Neagh Sustainable Recreation Framework • Water Quality and Quantity • Estuary Watersport Zone Management and Realignment 3 • Lower Bann Marking and Dredging • Wetlands LBAP • WWD, Water Levels, Canals and Ecological Conferences.

Ms Marshall then outlined what action the Advisory Committees had done specifically for the Magherafelt area –

1 Lower Bann Erosion Report 2 A6 Road Alignment 3 Lower Bann Canoe Trail 4 Lough Neagh Cycle Way 5 Newferry Watersports Zone Management 6 Lower Bann Sluice Opening Regime 7 Whooper Swan Tracking and Habitat Management Project.

From 2007 to 2010 it was planned to continue with -

1 The Lough Neagh and Lower Bann Partnerships 2 Updating the Lough Neagh Management Strategy 3 Lough Neagh/Lower Bann GIS and Raw Data 4 The Navigation Authority, etc 5 Dredging of Lough Neagh islands 6 Cycle Trails 7 WFD – Stakeholder Catchment Groups 8 Zebra Mussel Awareness.

In the Magherafelt Area it was planned from 2007 – 2010 to

1 Continue with the Lower Bann Erosion Alleviation Project 2 To reproduce the Lower Bann Navigation Noted 3 Progress the Wetlands Creation with Magherafelt Integrated School 4 Progress the Lower Bann Bye-laws 5 Review the Lower Bann Watersports Zones 6 Carry out a Lower Bann Photographic Audit 7 Progress the Management of Habitat.

Ms Marshall also said that Newferry required:

1 Signage 2 Staff or Stakeholders 3 A Registration scheme 4 To define a carrying capacity 5 A PWC zone 6 Toilets 7 On water Bye-laws.

In conclusion Ms Marshall stated that the core funding came from the Councils. Project funding came from elsewhere, for example, Environmental Heritage Service, DCAL, etc. She said that the Advisory Committees, Partnerships and Councils had to work in partnership to make things happen.

The Chairman thanked Ms Marshall for her presentation and asked Members to bring forward their questions.

4 Councillor Rev Dr R T Wm McCrea referred to the letter received from Mrs Jane Beckett, Templepatrick regarding the dangerous behaviour of Jet Skiers on the Lower River Bann on the Magherafelt side of the river (copy previously circulated to each Member). The writer stated that there must be legislation and rules which should be adhered to within the designated areas and Councillor Rev McCrea enquired about Bye-laws. He asked, if there were any rules that protected the public and how should the Council react?

Ms Marshall explained that there were two watercraft zones on the River Bann, one at Newferry and the other at Portstewart beach. She said that the Advisory Committee would very much like to reproduce old navigation notes and provide a short, snappy leaflet which could be handed out. She went on to say there needed to be some person available to hand out leaflets and to raise awareness and perhaps this could be organised through Clubs. She referred to a power watercraft club that hoped to come on board. The implementation of Bye-laws she felt, would take at least three years which was far too long to wait.

Councillor Rev McCrea further enquired what representations had been made about the A6 and how far did they go.

Ms Marshall said that representations related to their areas of responsibility – water levels and drainage, in terms of water based recreation, the potential impact of pollution, and access for anglers, car-parks, cycling provision for them to cross safely, impact on whooper swans. She said that Roads Service had agreed to introduce measures to protect the swans.

Councillor J F Kerr thanked Ms Marshall for her presentation and said that he was glad that he had asked for a presentation. He further asked that a copy of the presentation be left for Councillors’ information. Councillor Kerr asked that the relationship between the Advisory Committee and the Lough Neagh Partnership be clarified.

Ms Marshall explained that the Advisory Committees realised that there was a gap particularly with regard to funding. The Advisory Committees were not structured to administer funding and thus two companies limited by guarantee were set up, namely the Lough Neagh Partnership Limited and Lower Bann Partnership Limited. The Committees provided advice with no financial constraints and they were not involved in getting projects delivered.

Councillor Kerr then asked if the Partnerships were intermediary funding bodies and when all the funding was drawn down would they dissolve.

In reply, Ms Marshall said that she believed that the objectives were wide enough to allow development and described it as a “limbo period” for funding.

Councillor P J Bateson enquired what these extra responsibilities were.

Ms Marshall explained the current administrative situation with the Advisory Committees and the need for extra funding for half an officer. She said that there was only her (full time) and a part-time officer to administer the Committees and the fact was there was more happening since the Committees were established in 1994. Ms Marshall said that the Committees had achieved a lot but there was much more that could be done if they had an extra half officer.

5 Councillor Bateson said that the presentation did not highlight any extra responsibilities.

In reply, Ms Marshall said that with extra help they could be more responsive, produce codes of conduct and perhaps secure more funding for projects, but with the current staffing levels this would not be possible.

Councillor Bateson asked if one body in the future would be more effective for the Lough Neagh Strategy.

Ms Marshall said it would be good to have a subject plan and an organisation responsible for its delivery. It would take some time to get there but was something which could be aimed for.

Councillor G C Shiels referred to 2006 and the water levels in Lough Neagh and asked why water had not been released down the river.

Ms Marshall explained that water levels in Lough Neagh was held within statute and was managed within one inch of that level. She further explained that a certain amount of water must go down fish paths each day. The reason why the gates could not be opened to let water down the river was because they were constrained by regulations.

Councillor T J Catherwood stated that water-skiing was a big problem on the River Bann and who was responsible for ensuring that they were registered and insured.

In reply, Ms Marshall said that unfortunately the nature of this sport was “look at me”. The Advisory Committee recommended that organisations responsible for access sites to the river adopt registration schemes. This was not a full proof scheme because water-skiers could access the Lower River Bann from Lough Neagh. However, what were required were Bye-laws which were effective on water.

Councillor Catherwood asked if jet skiing could be stopped.

Ms Marshall said that jet skiing could be stopped by Magherafelt and Ballymena Councils but the question was where did the jet skiers go. If they cannot ski on the River Bann they would go to Lough Neagh and she asked what would be the impact on others.

Councillor Catherwood then asked about children on jet skies and who was responsible for them if there was an accident.

Ms Marshall said that this was the owner’s responsibility.

Councillor Catherwood stressed the need for Bye-laws before something serious happened.

The Chairman, Councillor I P Milne enquired where the designated areas for jet-skiing were on the River Bann.

Ms Marshall advised of two designated voluntary zones – upstream from Newferry and Portstewart beach.

Councillor Rev Dr R T Wm McCrea said that the sporting issues on the river was not about inhibiting sport but about trying to ensure that everyone could enjoy their sport, however the problem was, in the case of an accident, who was responsible for insurance. 6 Ms Marshall explained that Waterways Ireland were the navigation body and responsible for the management of navigation on the river but the Councils also had a responsibility.

The Chairman, Councillor Milne referred to fallen animals and how people washed their hands of the responsibility when it suited, he asked what was the hold-up with Bye-laws.

Ms Marshall said that Waterways Ireland said that generic bye-laws had been developed two years ago but had since stopped, and they had not given a reason.

Councillor J J McPeake stated that in his opinion the most sensible way forward was to amalgamate with the Partnerships.

Ms Marshall explained that the Advisory Committees and the Partnerships did get on well, after all the Advisory Committees set up the Partnerships and they worked closely together. The original idea was to have one Partnership but some Councils wanted their own partnership.

Councillor Rev McCrea asked if it would be helpful if the Council wrote to Waterways Ireland regarding the urgent need for Bye-laws.

Ms Marshall agreed.

It was accordingly

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: that the Chief Executive write to Waterways on the urgent need to develop Bye-laws for implementation on the Lower Bann River.

Councillor Miss K A Lagan commented that these seemed to be good Committees but there had been very little action.

Ms Marshall agreed that it was very frustrating but they were just advisory committees.

Councillor Miss Lagan in referring to that A6 asked if the existing road did not disturb the whooper swans then why was lighting required.

The Chairman said that people should take precedence over swans.

Mr Johnston reminded Members that the Council’s concern was mainly regarding funding. He said that the Council would be taking risks if it increased its funding. He asked Ms Marshall to be more specific regarding what funding she had or could receive. He understood that some Councils were contributing £5,000, others more, some less and Ballymoney had declined to make any contribution. Mr Johnston raised the question of equality. He further asked about what funding had been drawn down and what security there was for Councils.

In reply, Ms Marshall said that previously the Environmental Heritage Service had secured funding. It was understood that all the Councils involved would pay up to £5,000 per annum. When the Annual Review was carried out it was found that another ‘half officer’ was needed in order to carry out more projects, e.g. GIS.

7 In order to provide the necessary funding each Council had been asked to provide £8,500 but she appreciated that this had come late in the year and possibly had not been included in Councils’ annual rates budgets, particularly those with no flexibility built into their budgets. EHS would continue to front load the funding and had given a Letter of Offer to that effect and a Letter of Offer was forthcoming from DCAL. Ms Marshall then gave an account of each Council involved and the contribution which they had decided to give. Ms Marshall commented that if the funding was not forthcoming from the Councils then they would have to continue without an additional officer.

Councillor P J Bateson then enquired what Ms Marshall’s view was on PPS 14.

Ms Marshall said that comments had been sent to the Department. She said that the Advisory Committees believed in better management of development in the countryside and perhaps if the existing tools were used effectively PPS 14 may not be required. She said that the Committees were neither totally for, nor against PPS 14, but she believed that a total ban on development in the countryside was not the answer. Regarding water quality, Ms Marshall said that the technology was there and could be utilised. Therefore they had to be pragmatic about PPS 14, but in principle, they had welcomed the development of the countryside in a holistic manner.

Councillor Bateson said that the comments were far too draconian measures.

Councillor T J Catherwood asked how many people were employed by Waterways Ireland.

Ms Marshall gave details of the staff employed on the Lower Bann which included four lock-keepers.

Councillor Catherwood further enquired who was working on the Bye-laws.

Ms Marshall said that it was likely to be the main executive based in Enniskillen where they had a lot of staff. The person employed to prepare the Bye-laws was apparently ill and had not be replaced and thus the Bye-laws had not progressed.

The Chairman thanked Ms Marshall for her presentation and for answering Members’ queries. It was unanimously agreed that the Chief Executive write to Waterways Ireland as quickly as possible on the need for Bye-laws for the navigation of the Lower Bann.

Ms Caroline Marshall retired from the meeting at 8.45 pm.

4 BUILDING CONTROL DEPARTMENT 210/5/2007

4.1 The Director of Building Control presented the Department’s report for the period 5 April to 30 April 2007 (copy previously circulated to each Member).

During the period of the report thirty-four applications had been recommended for approval. A total of eighty-six applications required amending by Architects and Agents before granting approval.

Property Certificates

There were ninety-six Property Certificates issued for this period.

8 Applications for Cancellation and Extension of Time

During this period there were thirteen extensions:

MA/2023/0465 - extension of a dwelling at Cavanreagh Road, Draperstown for Mr Joseph Duffy.

MA/2023/0506 – sun lounge at 101 Bancran Road, Draperstown for Mr Oliver Bradley

MA/2034/0010 – extension of a garage at 30 Ballymoghan Road, Magherafelt for Mr Lennox Savage

MA/2034/0021 – attic conversion at 3 Hazeldene Park Magherafelt for Mrs Eva Man

MA/2034/0062 – alternation and extension to a dwelling at 73 Inniscarn Road, Desertmartin for Mr Harry McCann

MA/2034/0071 – erection of a dwelling and garage at Ballymaguigan Road, Magherafelt for Mr Willie Dickson

MA/2034/0170 – extension to a dwelling at 8 Toberhead Road, Curran for Mr Thomas Dempsey

MA/2034/0177 – extension to a dwelling at 7 Glenelly Heights, Draperstown for Mr Donna Gordon

MA/2034/0228 – alternation and renovations to existing offices at existing factory of William Clark & Sons Ltd, Kilrea Road, Upperlands for Mr William Clark

MA/2034/0274 – erection of a dwelling and garage at Drumagarner Road, Kilrea for Mr Giles McGill

MA/2034/0280 – extension to a dwelling at 5 Macknagh Road, Upperlands for Mr Alec McClean

MA/2034/0296 – erection of a dwelling and garage at Old Tyanee Road, Portglenone for Mr Liam O’Kane

MA/2034/0305 – erection of a dwelling at Carmean Road, Moneymore for Mr William Lawrence.

During this period there were seven cancellations:

MA/2023/0035 – alterations to a dwelling at 87 Fivemile Straight Maghera for Mrs Mary Dorrity

MA/2023/0404 – alterations and extension to a dwelling at 52 Kilrea Road, Upperlands for Mr William Tomb

MA/2023/0447 – residential scheme at Hospital Road, Magherafelt for Merit Construction

MA/2023/0063 – renovations to a dwelling at 21 Sixtowns Road, Draperstown for Mr Mickey McGillian

9 MA/2034/0095/MAST – extension and alterations to dwelling at 2, 4 & 9 Ringsend Close, Swatragh for NIHE

MA/2034/0173 – erection of a dwelling and garage at Glengomna Road, Draperstown for Mr Foncy McCullagh

MA/2034/0196 – erection of a dwelling and garage at Gorteade Road, Upperlands for Mr Tony McGuckin

Application for Notices and Regularisations

During the period from 5 April to 30 April 2007 there were fifteen Notices and one Regularisation issued.

There were ten rejections:

MA/2056/0085 – extension to dwelling to provide a Granny Flat at 6 Dunard Road, Knockloughrim for Mr Gary Shaw.

Members agreed to defer this application for one month.

MA/2056/0087 – commercial unit at 16 Rainey Street Park, Magherafelt for Mr Henry McGlone.

Mr Glendinning advised that this application had been withdrawn.

MA/2056/0287 – extension of a dwelling and garage at Magherafelt Road, Tobermore for Mr Mark Ferguson.

Mr Glendinning advised that he had received amendments just prior to the Council Meeting and requested time to have these checked out. Members agreed.

MA/2056/0290 – extension and alterations to Nite Club Area at 1 Quarry Road, Knockloughrim for Mr Aubrey Shiels.

Councillor G C Shiels requested that the applicant be given time to allow the agent to have amendments lodged with Building Control within the next few days. Members agreed.

MA/2056/0359 – erection of a dwelling at 11 Moyard Road, Draperstown for Mr James Moran.

Mr Glendinning reported that since the printing of the report this application had now been approved.

MA/2056/0367 – erection of a dwelling at Ballynease Road, Bellaghy for Miss Jill Adams and Mr Simon Wade.

Councillor Rev Dr R T Wm McCrea requested that copy of letters sent to the applicants be furnished to him. He said that he understood that one of the applicants had been away for a period of time and perhaps this was why there had been no response. He requested that the application be deferred in order to allow for further amended plans to be submitted within the next month. Members agreed.

MA/2056/0409 – erection of a dwelling and garage at 94A Culnady Road, Upperlands for Mr Jonathan Porter. 10 Mr Glendinning reported that he had received amendments just prior to the Council Meeting and requested time to have these checked out. Members agreed.

MA/2056/0415 – erection of dwelling and garage at 97 Oldtown Road, Castledawson for Manor Contracts.

Mr Glendinning reported that he had received amendments just prior to the Council Meeting and requested time to have these checked out. Members agreed.

MA/2056/0418 – erection of a dwelling at 2A Ballyscullion Lane, Bellaghy for Mr John Hayes.

MA/2056/0481 – alterations and change of use from garage to Granny Flat at 22 Tirgan Road, Moneymore for Mr Malachy McCrystal.

Mr Glendinning said that Mr McCrystal had promised amendments but these had not been received.

Members referred to Mr John Hayes application and enquired what happened in this instance.

Councillor Miss K A Lagan requested that this application be deferred until the next Council Meeting. Members agreed.

Mr Glendinning explained that as there had been no recommendation, nor representations, Mr Hayes’ application would be rejected.

Members then questioned what a Rejection would mean.

Mr Glendinning explained that the application process would stop and a new application would be required for work to proceed. If a new application was submitted, new plans would be required and this would mean increased costs because of new regulations which were introduced in December 2006.

Mr Glendinning then explained that during this period forty-six applications had commenced on site and sixty-four applications were found to be complete in accordance with Building Regulations.

The Chairman, Councillor I P Milne at this stage requested that Mr Hayes’ application be deferred and that he would come back to the officer on this application.

There were seventeen new Postal Numbers and Postcodes issued for private dwellings.

There were ninety-six Property Certificates issued during the month.

4.2 It was

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

RESOLVED: to adopt the report as submitted.

11 5 LICENCES/REGISTRATIONS

5.1 Entertainment Licences: Submitted the following application for an Entertainment Licence which were in order and recommended for renewal:

E.145 Regan’s Snooker Room, 17 Hall Street, Maghera - Mr Bernard Regan

5.1.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and

RESOLVED: that the application as submitted be renewed.

5.2 Street Trading:

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

P.34 Caldwell’ Filling Station R & J Caldwell, 191 Hillhead Road, Castledawson P.50 Glen Road Service Station Mr Eamon McKenna, 48 Glen Road, Maghera P.56 Gort Service Station Mr Brian McLean, 29 Church Street, Maghera P.57 Glenone Service Station HD McCann, 34 Clady Road, Portglenone P.82 Churchview Filling Station Mr Damien Convery, 62c Church Street, Magherafelt P.90 Newbridge Stores Mr Paul Martin, 37 Blackpark Road, Toomebridge P.100 Glenshane Tourist Services Mr J Molloy, 31 Glenshane Road, Maghera

5.2.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: that the applications as submitted be approved.

6 PLANNING SERVICE

6.1 New Planning Applications:

Submitted the Divisional Planning Manager’s report dated 8 May 2007 (copy previously circulated to each Member).

H/2004/0576/F – P & J McKaigue Approval

12 H/2006/0678/RM – Mr S Tohill Approval.

H/2006/0712/F – JM Properties Refusal.

H/2006/0804/F – Seyan Ltd Approval.

H/2006/0805/F – Seyan Ltd Approval

H/2006/0841/RM – Mr J Kennedy Approval

H/2006/0906/F – Mr C Woods Approval. The Planning Officer advised that one objection had been received in connection with this application.

H/2006/0907/F – JMS Engineering Services Ltd Approval.

H/2006/0941/F – Mr J Buchanan Approval.

H/2006/0996/O – G Caskey Deferred on the request of Councillor Rev Dr R T Wm McCrea for an office meeting – Criterion 5 – to consider a revised scheme for the applicant.

It was also pointed out that objectors were seeking an office meeting.

The Planning Officer advised that there had not been any objections in writing received by the Planning Service regarding this particular application.

Councillors Rev McCrea and P McLean assured the meeting that there were objectors who had requested an office meeting.

H/2006/1011/F – Mr H McPeake Approval

H/2006/1051/F – Mr W Paul Approval.

H/2007/0010/F – Mr Brunton Approval

H/2007/0122/O – Mr & Mrs Doyle Deferred for an office meeting on the request of the Chairman, Councillor I P Milne and Councillor O T Hughes – Criterion 5 to consider amendments to scheme.

H/2007/0030/F – Mr D Mulholland Deferred on the request of Councillor O T Hughes for an office meeting – Criterion 5 to consider an amended scheme.

13 H/2007/0034/RM – Mr N Murray Approval

H/2007/0042/RM – Mr Fulton Approval.

H/2007/0045/F – Mr M Shivers Approval

H/2007/0053/RM – Mr F McGilligan Approval

H/2007/0055/RM – Mr P Carmichael Approval

H/2007/0062/RM – Miss C Montgomery Approval

H/2007/0077/F – Creagh Concrete Products Ltd Approval

H/2007/0082/RM – C M Developments Approval

H/2007/0083/F – Mr P Smith Approval

H/2007/0087/RM – Mr T Montgomery Approval

H/2007/0089/RM – Mr Birt Approval

H/2007/0107/RM – Carn Properties Approval

H/2007/0109/F – Mr V Doyle Approval

H/2007/0114/F – P & B O’Connor Approval

H/2007/0120/F – Mr L Lynes Approval

H/2007/0127/RM – Mr S Diamond Approval

H/2007/0131/O – Mr P Irvine Refusal

H/2007/0135/F – Mr S Doyle Approval

14 H/2007/0137/F – Mr P Mooney Approval

H/2007/0143/F – Carntogher Community Development Association Approval

H/2007/0145/RM – Mr S Diamond Approval

H/2007/0153/F – Mr N Young Approval

H/2007/0159/RM – Mr T Savage Approval

H/2007/0160/RM – Mr F McPeake Approval

H/2007/0168/F – Mr I Murray Approval

H/2007/0169/F – Declan Walls & Angela McLernon Refusal

H/2007/0176/RM – Mr Heron Approval.

H/2007/0179/O – Mr J Conway Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

H/2007/0185/RM – Mr S McAtamney Approval.

H/2007/0187/RM – Mr Kelly Approval

H/2007/0190/RM – F J Hughes Approval

H/2007/0196/F – Mr W Rea Approval

H/2007/0197/O – Mr R Bradley Deferred for one month on the request of Councillor J J McPeake to allow the agent to submit further information.

H/2007/0200/F – Mr C McGoldrick Deferred for an office meeting on the request of Councillor Miss K A Lagan - Criterion 5 to discuss a design issue.

H/2007/0200/F – Mr C McGoldrick Approval

H/20070202/RM - Mr S Bolton Approval

15 H/2007/0203/RM – Mr L McNally Approval

H/2007/0205/RM – P Young & Sons Ltd Approval

H/2007/0206/F – R McNamee Approval

H/2007/0207/F – Mr P Grimes Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5.

H/2007/0210/F – Electricity Approval

H/2007/0212/F – Mr D Mallon Approval.

H/2007/0215/RM – Mr Murdoch Approval.

H/2007/0221/F – Carn Properties Approval

H/2007/0222/RM – D Badger Approval

H/2007/0224/RM – M & A Developments Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5 – to discuss a design issue.

H/2007/0225/RM – Mr K Bolton Approval

H/2007/0228/F – Mr D McClelland Approval

H/2007/0234/F – C Lennox Approval

H/2007/0243/F – Mr & Mrs B Quinn Approval

H/2007/0245/F – Mr A Rea Approval

H/2007/0246/RM – D McCartney Approval

H/2007/0257/F – Mr S Kelly Approval

16 Applications Deferred from Previous Meeting:

H/2005/0020/O – Mr A Conway Councillor Mrs KA McEldowney requested that the issue of the decision of Refusal be held for one week to allow the agent time to contact the Planning Officer regarding this application. This was agreed to. The Planning Officer advised that there had been seven objections to this application.

H/2005/0362/O – Mr J McNamee Refusal

H/2005/0577/O – Mr K Hawe Refusal. The Planning Officer advised that there had been one objection to this application.

H/2005/0792/O – Mr F Kelly Refusal

H/2005/0919/O – Mr B Kane Refusal

H/2005/0968/O – C O’Neill Approval

H/2005/1086/O – Mr J C Crilly Refusal

H/2005/1139/O – F & B Costello Refusal

H/2005/1189/O – Mr S McSorley Refusal

H/2005/1235/O – Mr K McCann Refusal

H/2005/1245/O – Mr N McMullan Refusal. The Planning Officer advised that there had been eight objections to this application.

H/2006/0166/O – B McCann Refusal

H/2006/0184/F – Mr E Cassidy Approval

H/2006/0196/A – O’Kane Supermarkets Ltd Approval

H/2006/0448/O – Mr J Bradley Refusal

H/2006/0454/F – Mr K McErlean Approval

17 H/2006/0553/F – Mr P Downey Approval

H/2006/0603/F – Mr D McMullan Approval

H/2006/0654/F – Mr Robinson, C/o Magherafelt Sky Blues FC Temporary Approval for five years. The Planning Officer advised that there had been three objections to this application.

H/2006/0689/F – Mr Robinson, C/o Magherafelt Sky Blues FC Approval. The Planning Officer advised that there had been nine objections to this application.

H/2006/1054/F – PRH Construction Approval

H/2007/0035/F – Mr Heron Refusal

H/2007/0052/RM – Mr B Kelly Approval

6.2 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: that the Planning Report dated 8 May 2007, subject to the above conditions and amendments, be adopted.

The Planning Officer retired from the meeting at 9.10 pm.

6.3 Submitted letter from the Divisional Planning Officer advising that an appeal in default of a planning decision was lodged by Mrs Angela McCloy in connection with application H/2005/1281/O – dwelling and garage 110m North of 89 Gulladuff Road, Magherafelt with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order.

Noted.

6.4 Submitted letters from the Divisional Planning Office advising that under paragraph 5.7 of the Revised Procedures for Appeal Hearings, it was required to advise the appellants and any third-parties of the Department’s reasons for refusal in connection with applications:

1 H/2005/1281/O in the name of Mrs Angela McClay (copy circulated to each Member). 2 H/2007/0015/APP in the name of Mr Vincent Conway (copy circulated to each Member).

Noted.

18 7 ENVIRONMENTAL HEALTH DEPARTMENT 196/5/2007

Mr R Beattie, Assistant Chief Environmental Health Officer submitted the report for the month of April 2007 (copy previously circulated to each member). The following matters were brought to the attention of the council:-

7.1 Pollution Control and Local Government (NI) Order 1978

Mr Beattie reminded members that it had been resolved at the December 2006 meeting of the Council, to serve on the owner of a building at No 9 William Street, Bellaghy a notice under Article 66 (1) of the Order to repair or demolish the building due to its ruinous condition.

Mr Beattie reported to the Council that demolition of the property had taken place a few days previously thereby complying with the conditions of the notice.

The recommendation to consider formal proceedings as set out in the report to Council has been superseded by events and no further action was required.

7.2 Public Health (Ireland) Act 1878

Mr Beattie stated that a dwelling at No 120 Drumbolg Road, Upperlands was inspected and the following items were considered to be prejudicial to the health of the occupants:

Penetrating dampness and excessive draughts to the dwelling due to decayed and warped woodwork to the windows of the living room (gable and front), front porch, sitting room, landing (front and rear) and left and right front bedrooms.

Mr Beattie recommended that the Council consider issuing a Statutory Abatement Notice on the landlord of the property requiring her to carry out the following works within 6 months:

Replace the windows to the living room (gable and front), front porch, sitting room, landing (front and rear) and left and right front bedrooms.

It was

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

RESOLVED: that the Council issue a Statutory Abatement Notice on the landlord requiring her to carry out the following remedial work within six months:

Replace the windows to the living room (gable and front), front porch, sitting room, landing (front and rear) and left and right front bedrooms.

7.3 The Smoking (NI) Order 2006

Mr Beattie stated that as reported to last months meeting, the Council is required to authorise officers to exercise the Council’s powers under the Order.

Mr Beattie informed the meeting that Ms Karen Fisher, District EHO, had recently been appointed to the department.

19 Mr Beattie recommended that the Council consider adding this officer to the list of those already authorised.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor T J Catherwood, and

RESOLVED: that Ms Karen Fisher, District EHO be added to the list of officers already authorised to exercise the Council’s powers under the Smoking (NI) Order 2006.

7.4 Enforcement Policy for the Smoking (NI) Order 2006

Mr Beattie reminded the meeting that this document was tabled at last month’s meeting for information. The document set out specific guidance on enforcement covering such things as human rights, proportionality, consistency and so on (copy attached - Appendix 1).

Mr Beattie recommended that the Council consider adopting this policy as a defence against legal challenge in the event of enforcement action being taken.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: that the Council adopt the Enforcement Policy for the Smoking (NI) Order 2006 as a defence against legal challenge in the event of enforcement action being taken.

7.5 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: to adopt the report as submitted.

8 OPERATIONAL SERVICES DEPARTMENT 322/5/2007

Submitted report by the Director of Operations for the month of April 2007 (copy circulated to each Member).

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

20 8.1 Development Department

8.1.1 Gulladuff Play Area

It was

PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes, and

RESOLVED: that the officers would invite Streetplay to site meetings at Clady and Gulladuff play areas, to compare the equipment at both sites, the site meetings to be attended by Councillors McPeake and Lagan.

8.2 Leisure Services

8.2.1 Maghera Leisure Centre Football Pitch

Mr Johnston advised that in accordance with Council instruction Councillors Lagan and Crawford together with officers of the Council had met with representatives from the Department of the Environment regarding the sewage and storm drains at Maghera Leisure Centre football pitch. He stated that at this meeting the Department’s representatives had stated that the sewer was clear and that a normal blockage had caused the recent problems the Council had experienced at this site. Mr Johnston advised that with regard to the storm drain the representatives had stated that they could not get sufficient access for their camera equipment to check out this system. However, they accepted that it needed to be upgraded to cope with the amount of storm water now being generated in the area. He stated that in view of these facts and findings the Department proposed to upgrade the storm drains, and would take this opportunity to upgrade the sewage system, basically larger diameter pipes to take the storm water and sewage from the nearby housing estates.

Mr Johnston advised that the preferred route for both these new drains would be behind the upper goals, to connect with the new storm/sewage drains that were recently installed through the site.

Mr Johnston recommended that the Council accept this proposal. In his opinion the only downside was that due to a lack of money the project could be delayed until funding becomes available. In view of these circumstances he recommended that the Council should write a formal letter to the Department of Environment’s Infrastructure Section requesting that this work be carried out as a matter of urgency.

It was

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

RESOLVED: that the Council would write a formal letter to the Department of the Environment’s Infrastructure Section requesting that the storm and sewage drains which went through Maghera Leisure Centre’s football pitch be upgraded as a matter of urgency.

21 8.3 Technical Services

8.3.1 Portacabin Changing Facilities

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J Crawford, and

RESOLVED: that the Council accepts the lowest quotation from General Cabins for the supply and delivery of three portacabin changing facilities, at a cost of £7,970 plus VAT per portacabin.

8.3.2 Alcohol Free Zones

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council seek the Department of Social Development’s approval to have a site known as Upperlands Community Development Complex designated as an Alcohol Free Zone.

8.3.3 Bi-Lingual Street/Road Nameplates

It was

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

That the officers would carry out a consultation exercise with the occupiers of premises in White Water Court Draperstown, Mullaghboy Road Bellaghy, Bancran Road Draperstown, Corrick Road Draperstown, Davagh Road Draperstown, Derrynoyd Lane Draperstown, Drumderg Road Draperstown, Glengomna Road Draperstown, Glenviggan Road Draperstown, Moneyconey Road Draperstown, Moyard Road Draperstown, Strawmore Road Draperstown, Tonaght Road Draperstown, Tullybrick Road Draperstown, Beechland Gardens Clady, Beechland Drive Clady and Beechland Park Clady, regarding the erection of bi-lingual street/road nameplates in these areas.

On a vote being taken, 9 Members voted for, 6 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

8.3.4 Environmental Youth Speak 2007

It was

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

RESOLVED: that the officers would consider a request for the Council to pay reasonable parking and travelling expenses to the pupils and staff of the two schools representing the Council at the North West Region/N. Ireland Finals of the Environmental Youth Speak 2007, and if appropriate, would pay these expenses.

22 8.3.5 Eco Schools Information Event

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and

RESOLVED: that the Council would hold an Eco Schools Information/Networking event which would allow all the schools to come together and share experiences and ideas, and set up a model of best practice for obtaining green flag status.

All other it items were noted by the Council.

8.4 Mr Johnston sought the Chairman’s permission to raise a number of additional items.

The Chairman agreed to this request.

8.5 Polepatrick Park Cemetery

Mr Johnston stated that he had received correspondence from a Mrs Lynn Nelson which stated that her dear father Mr James Noel McAteer had died on Saturday 28 April 2007 and it had been his and her mother’s expressed wish that his ashes be brought back to Magherafelt and buried in Polepatrick Cemetery. Mrs Nelson’s request was that she be allowed to purchase and plant a tree in the Cemetery, have the ashes buried in a biodegradable urn at the foot of the tree and erect a small plaque in his memory.

Mr Johnston advised that in considering this request the members may wish to note that the rules and regulations which control burials within the cemetery state that Polepatrick Cemetery shall be laid out and developed on the lawn system which provides for a space at the head of each grave for the erection of a headstone, and that no inscription, rail, fence, chain, surround or memorial other than the standard headstones shall be erected or made in the burial ground. He advised that the rules and regulations also state that an approved vase or similar vessel for holding flowers may be placed on the stone slab which is provided for this purpose, and that no planting of whatever description or kind shall be permitted.

Mr Johnston concluded by pointing out that a number of families had purchased graves to bury ashes and had erected headstones in accordance with the rules and regulations that control burials within Polepatrick Cemetery.

There followed a general debate as to how the Council should respond to this request and in the event of a refusal how to relay this decision in a compassionate manner.

It was

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

RESOLVED: that the Council would advise Mrs Nelson that due to the rules and regulations that control burials within Polepatrick Park Cemetery the Council were unable to grant her request to plant a tree and erect a small plaque in memory of her father in Polepatrick Cemetery, and that the officers would offer to meet with Mrs Nelson to explain the Council’s position regarding this matter.

23 8.6 Bonfires

Mr Johnston stated that the members may recall that last year following complaints from residents to the Environmental and Heritage Service (EHS) the Council had received a warning letter from the EHS regarding the bonfire at Mill Park, Tobermore, that basically the collection of material for this bonfire was illegal dumping and that steps should be taken to address this situation. He stated that at that time the Council had resolved that if the situation could not be resolved the Council would have little option but to sell this site.

Mr Johnston stated that despite the warnings contained in this letter from the EHS being re-laid through Councillors to the people responsible for the bonfire, the bonfire had actually increased in size up to the point where it was burnt on the 11 July 2006.

Mr Johnston stated that the Council were now facing a similar situation this year as he had to report that pallets were already being stored in Mill Park, Tobermore, he assumed for this year’s bonfire.

There followed a general discussion regarding this matter. A number of Councillors expressing concern that the Council were actually breaking laws, which as a Statutory Body they were obliged to enforce. It was however generally accepted that bonfires were a difficult issue and that a sensible approach was required in order to address this matter.

8.6.1 It was

PROPOSED by Councillor P McLean Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the local Councillor for the area together with Council Officials would seek to meet with those responsible for the bonfire in order to discuss this matter.

8.7 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the report as submitted be adopted.

9 PAYMENT OF ACCOUNTS 5/2007

Submitted Statement of Expenditure setting out payments to be made during the month of May 2007 (copy circulated to each Member).

The schedule provided for £613,618.38 out of the Revenue Account and £263,296.14 out of the Capital Account.

9.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

RESOLVED: to approve the Statement of Accounts as submitted for May 2007.

24 10 FINANCIAL CONTRIBUTIONS 56/6/2007

Consideration was given to the following letters of application for financial contributions from:

10.1 Lough Neagh Feis Society: Submitted a letter from the Secretary of Lough Neagh Feis Society requesting the Council to fund a scholarship to enable a young local scholar to attend an Irish College this summer. The letter further stated that the Feis commenced on 19 May and ran to the 17 June 2007 with competitions in music, dance, verse speaking, arts and craft and Irish Scholarships (copy circulated to each Member).

After a full and frank discussion it was

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

That the Council fund a scholarship to enable a young local scholar to attend an Irish College this summer.

Councillor Rev Dr R T Wm McCrea requested that in the interests of equality an officer investigate how other Councils sponsor individual scholarships.

On further consideration the Chairman, Councillor I P Milne stated that some of his Chairman’s budget could be used towards the cost of a scholarship to enable a young local scholar from either St Patrick’s College, Maghera, St Mary’s Grammar School or St Pius School attend an Irish College this summer.

10.2 Ballinascreen Set Dancers: Submitted a letter dated 24 April 2007 from the Secretary advising that the group had been invited to perform in Tenerife to perform in the International Folk Festival “Arautapala” representing Ireland from 20-27 July 2007 and seeking a financial contribution towards the costs incurred by the dancers (copy previously circulated to each Member).

10.2.1 On consideration it was felt that this was a festival and not a competition and the Council could not provide financial assistance as it was outside the remit of the Council.

Several Members asked that this be checked out.

10.3 Children in Crossfire: Submitted letter from Ms Lucy McGoldrick, Bellaghy stating that she had been selected from the South area by the cross-community charity organisation ‘Children in Crossfire’ to be a part of a team of people to travel to Tanzania in Africa. The aim of the ten-day expedition was to bring aid to Moshi in Tanzania and as such was seeking sponsorship for this expedition (copy previously circulated to each Member).

On consideration it was agreed that the Council could not contribute to such a request from an individual to participate in an expedition.

25 10.4 St Swithin’s Church Lads’ Brigade, Magherafelt: Submitted letter dated 30 April 2007 seeking grant-aid towards seven members being taken to Blackpool to 5-aside football national finals on the weekend 11-13 May 2007. The boys would be representing Magherafelt and Ulster in these finals (letter previously circulated to each Member).

On consideration it was agreed that the Council make a contribution of £200.

10.5 Robert Emmet’s GAC, Slaughneil: Submitted letter of request from the Secretary, Robert Emmet’s GAC for a donation to help fund the Under 14 Hurlers’ participation in the All-Ireland Feile Finals in Kilkenny (copy circulated to each Member).

On consideration it was agreed to make a contribution of £200.

10.6 Magherafelt & District Disability Forum: Submitted letter dated 1 May 2007 from the Chairperson advising that the Big Lottery funding obtained in 2003 would soon be coming to an end and seeking financial assistance to allow the continuance of some of its work (copy previously circulated to each Member).

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Council make a contribution of £500 to Magherafelt & District Disability Forum.

10.7 TEAM 2007 – Ms Doris Patterson: Submitted letter from Ms Patterson requesting a contribution towards her target of €7,000 to TEAM 2007 fundraising initiative. The letter further intimated that she was a member of the Special Olympics Ireland Volunteers who would be travelling to China for the 2007 Special Olympics World Summer Games in Shanghai in September/October 2007 (copy circulated to each Member).

On consideration it was agreed that whilst the Council recognised the significance of the Special Olympics and whilst the Council’s policy permitted a contribution towards the cost of an athlete’s participation in the Games, contributions did not extend to providing financial support to volunteers involved in the event, and as such could not make a contribution.

11 CONFERENCES AND COURSES: 268/4/2007

Consideration was given to the nomination of delegates to attend the following:

(a) The National Association of Councillors’ Conference: entitled ‘Breaking Down The Barriers to Local Government Equality & Opportunity’ to be held from the 29 June to 1 July 2007 at the Crown Spa Hotel, Scarborough (details circulated to each Member).

On consideration it was agreed not to nominate.

26 (b) Confederation of Serving and Retired Members of Dublin, Belfast and London Parliaments together with serving members of Local Authorities in Ireland: to be held in Novotel Centrum, Ieper, Belgium from Friday 14 to Monday, 17 September 2007 organised by A Journey of Remembering Island of Ireland Partnership (details circulated to each Member).

On consideration it was agreed not to nominate.

(c) 94 th Annual Conference 2007 of the Association of Municipal Authorities of Ireland: to be held at the Brandon House Hotel, New Ross from 13 to 15 September 2007 (details circulated to each Member).

On consideration it was agreed to mark the details “read”.

(d) Local Government Training – half-day Conference: entitled ‘Building Capacity for Change’ to be held in the Hilton Hotel, Lanyon Place, Belfast on Tuesday, 22 May, 2007 (details circulated to each Member).

On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor Miss K A Lagan

That Councillor Miss K A Lagan attends.

It was

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

That Councillor P J Bateson attends.

(e) Northern Ireland Rural Women’s Network and Rural Community Network – Short Course: entitled ‘Get on Board’ to be held in the Cookstown Campus of the East Tyrone College of Further Education, Burn Road, Cookstown for a period of six weeks starting on 15 May 2007. The sessions would take place from 10.30 am – 1.30pm (details circulated to each Member).

On consideration it was agreed that as the times and dates were unsuitable, no nominations would be made.

12 THE SOMME ASSOCIATION – DINNER

Submitted letter dated 16 April 2007 inviting the Council to send representatives to attend a Black Tie Dinner to commemorate the 90 th Anniversary of the Battle of Messines to be held in the Somme Heritage Centre on Monday, 4 June 2007 at 7.30 pm (details previously circulated to each Member).

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor T J Catherwood, and

RESOLVED: that Councillor P McLean be nominated to attend. 27 13 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

14 ANNUAL MEETING OF COUNCIL

This item was taken “In Committee”.

15 STAFF MATTERS

This item was taken “In Committee”.

16 LEGAL MATTERS

This item was taken “In Committee”.

17 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

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

18 SEALING OF DOCUMENTS

The Seal of the Council is hereby affixed to the following documents:

Grant of Right of Burial to Mr Mark Oliver Johnston of 13 Leitrim Road, Castledawson BT45 8BW, son of the late Mr Arthur Oliver Johnston, 7 Coolshinney Road, Magherafelt – Plot A83 28 19 MEMBERS’ SERVICES’ COMMITTEE

Councillor Miss K A Lagan requested that the next meeting of the Members’ Services’ Committee would be held on Monday, 14 May 2007 at 2.30 pm.

Members agreed.

20 FOR THE INFORMATION OF MEMBERS

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

(a) Minutes of Meetings of the Northern Eastern Education and Library Board held on Tuesday, 27 March 2007. (b) Minutes of Meeting of the Northern Health and Social Services Board held on Thursday, 23 November 2006, Thursday, 14 December 2006, Thursday, 18 January 2007 and Thursday, 15 February 2007. (c) Minutes of Meeting of the Northern Health and Social Services Council held on Wednesday, 4 April 2007. (d) Minutes of Meeting of the Louth Neagh Advisory Committee held on Wednesday, 6 December 2006. (e) Minutes of Meeting of the Lower Bann Advisory Committee held on Thursday, 14 December 2006. (f) Minutes of Meeting of the Lower Bann Partnership Ltd held on Tuesday, 13 March 2007.

The meeting concluded at 10.05 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

______(Date)