MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 10 September 2002. The meeting commenced at 7.30 pm.

Presiding: Rev Dr R T Wm McCrea, MLA

Other Members Present: J J Kelly P E Groogan O T Hughes J Junkin J F Kerr P H McErlean P McLean H E Mullan S O’Brien J P O’Neill

Apology: T J Catherwood J A McBride R A Montgomery G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) 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 Northern Ireland Housing Executive Bodies in Attendance: Mr Sean Mackie – Area Manager Mr Brendan Adams – Planning Manager Mr Herbie Patterson – Local Manager Mrs Hazel Faithfull – Information Manager

Planning Service Mrs Joan Bryson – Planning Officer

1. MINUTES 1.1 It was

PROPOSED by Councillor J P O’Neill, Seconded by Councillor P H McErlean, and

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 13 August 2002 (copy circulated to each Member) be taken as read and signed as correct.

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2. MATTERS ARISING The Chief Executive submitted the following letters OUT OF THE MINUTES from:

2.1 The Roads Service, Western Division confirming that representatives would be in attendance at the October Council Meeting to present the annual report.

Noted.

2.2 Mrs Margaret Johnston for the Council’s financial assistance towards her expenses in participating in the International Bowling Series in Wales.

Noted.

2.3 Upperlands Community Development Ltd for supplying hanging baskets and flowerbeds in Upperlands and thanking the Council’s staff who planted and maintained the floral displays.

Noted.

Councillor P E Groogan joined the meeting during this item at 7.32 p.m.

3. NORTHERN IRELAND The Chairman welcomed representatives from HOUSING EXECUTIVE the Northern Ireland Housing Executive to the meeting to present the District Housing Plan 2002/ 90/9/2002 2003 (copy of Housing Plan circulated to each Member).

3.1 Mr Mackie introduced Mr Brendan Adams who had replaced Mr Andrew Hamilton.

3.2 In presenting the report, Mr Mackie stated that the Housing Plan for the current financial year in Magherafelt District Council area represented a total investment of £3.17 million, from the Housing Executive and had been allocated as follows:

• Improvement Work - £0.9 million • Planned Maintenance - £0.6 million • Response Maintenance - £0.308 million • Private Sector Grants - £1.28 million

Housing Associations would be implementing new build schemes programmed to start during 2002/2003 to the value of £2.47 million.

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The main aspects of the plan were:

(1) Housing Need:

The Waiting List showed a marked increase of 33% from 191 in December 2000 to 254 at December 2001. This reflected in increases in housing stress over the same period by 51% from 69 to 104.

Mr Mackie stated that the length of time that applicants in housing stress waited to be housed varied depending on the area of choice and the turnover rate, the degree of assessed urgency on housing stress and special housing needs. An analysis of the waiting list indicated that of the 104 applicants in housing stress 43 or 41% were on the waiting list for less than 6 months prior to being allocated a home. A total of 76 or 73% were allocated a home within one year and 28 or 27% waited longer than one year.

The allocation of vacated properties was the main method of meeting housing need. Where this level of relets was inadequate to meet need within a reasonable time period, schemes would be added to the New Build programme to provide new homes. During the last year a total of 175 allocations were made. Single adults made up 41% of the total allocations and were nearly double the number in housing stress.

There was an increase of 67 or 38% from the previous year on homelessness. A total of 124 were awarded full duty status which was an increase of 26 from the previous year.

An action plan was being developed for each District office to review the need of homeless applicants. In addition West Area staff would be establishing a more strategic approach to the long- term homeless need and would be consulting with the Health Trust and voluntary providers to establish the local issues and how best they could be met.

Mr Mackie said that only a very small percentage of homeless applicants ever requested temporary accommodation and the average length of stay was short. He said that due to the absence of suitable temporary accommodation in the Magherafelt District, placements were being sent to other Council areas. The possibility of providing temporary accommodation for small families and singles during 2002/2003 was being considered.

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(2) Social Newbuild Programme:

Mr Mackie said that new housing provision was the responsibility of Housing Associations and in the last year one scheme of 5 units for the Travelling Community at Hillhead had recently been completed. Currently there were plans to commence construction of 5 developments – • 3 units at Upperlands • 3 units at Magherafelt • 5 units at Tirkane, Maghera • 6 units at Moykeeran Crescent, Draperstown • 15 supported housing units at Magherafelt.

Mr Mackie referred to pages 40-44 of the Housing Plan which outlined the housing need situation within local housing areas. He explained that these areas were made up of one or more Common Landlord Areas (CLA) which included an estate or group of estates and Housing Association stock.

(3) Improving Housing Conditions:

Mr Mackie stated that in the programme for Government 2001-2004 a number of key housing related commitments had been set out and on which the Housing Executive had reflected in its improvement programme. The Housing Executive is committed to the renewal of the most disadvantaged neighbourhoods and tackling fuel poverty. In meeting these commitments the Housing Executive had set the following targets:

• raise the standard of Housing Executive stock through improvements • introduce more economical and efficient heating in Housing Executive homes through conversion to oil heating • arrange adaptations to ensure that the particular needs of occupants such as the disabled or elderly are met.

The Housing Executive had started external cyclical maintenance on 70 homes last year at various locations. Multi-element improvement had started on 28 homes at Gortnari and St Patrick’s Terrace/Glenelly. It was planned to start work on external cyclical maintenance to 205 homes, multi- element improvement in 44 houses including St Lurach’s, Mill Crescent and Kilross. Smoke alarms would be provided in 134 properties, heating replacement in 60 homes at Killowen/Mullaghboy and revenue replacement at Meetinghouse/ Largantogher.

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Mr Mackie said that the Housing Executive continued to give high priority to the adaptation of homes for persons with a disability. During the year 53 major adaptations were undertaken including heating replacement to 42 homes. In addition minor adaptations were carried out to 107 homes. The total value of adaptation work to Housing Executive stock last year had come to £326,082 and a further £258,932 approved under the disabled facilities grant for the private sector.

(4) Grants:

Mr Mackie said that the main objective of the grants scheme was to reduce private sector unfitness and through the use of a formal means test target resourced to those in greatest need. During the last year 183 grants had been approved at a value of £1.3 million. A total of 193 schemes were completed and £1.4 million paid. The grants budget for the District was estimated at £1.3 million.

(5) Neighbourhood Renewal:

Mr Mackie advised that community involvement was a key element of neighbourhood renewal and regeneration. The District office had regular contact with a number of tenants/community associations throughout the Council area.

As well as having partnerships with Community Associations the Housing Executive was represented on a number of inter-agency partnerships.

The Housing Executive was focused on addressing problems of an anti-social behaviour on their estates.

Mr Mackie said that as far as rural regeneration was concerned the Department of Agriculture and Rural Development, Rural Community Network, the Northern Ireland Voluntary Trust and the Housing Executive had been developing the Rural Estates Programme.

In addition a District driven Rural Collage Strategy was completed making significant contribution to those rural families who choose to remain living in their local areas.

In conclusion, Mr. Mackie formally recognised the work and dedication of the Manager and Staff of the local Housing Executive office.

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Mr Mackie thanked the Council Members and Officers for their support over the past year.

3.3 Members’ Questions:

The Chairman, Councillor Rev Dr R T Wm McCrea enquired how the £5.5 million spent on Magherafelt by the Housing Executive compared to other District Councils.

In reply, Mr Mackie stated that he did not know. It was very difficult to make comparisons between Districts.

Councillor Rev McCrea pointed out that kitchens in a number of houses were unacceptably small and schemes had been put back for a period of years, yet in trying to build a community families needed to eat together. He asked what the Executive’s plans were.

Mr Mackie accepted that there were a number of estates in Magherafelt where houses did not have a kitchen/dining area. He referred to the St Lurach’s scheme and hoped to secure sufficient funds for at least one scheme to be completed each year.

Councillor J J Kelly thanked Mr Mackie for his presentation and congratulated the staff of the local office. He enquired about Occupational Therapists (OT’s) and if the Executive had taken them over. Was there an improvement regarding adaptations that were still waiting? He also asked about the development of Estate Wardens and referred to Page 24 on prices of houses and noted that Magherafelt was dearest. He asked if there was any explanation.

Mr Mackie in reply stated that the Housing Executive was not responsible for OT’s, but had taken responsibility for some elements of assessment. This had freed up resources and reflected in the schemes cared out, particularly heating conversions. The development of Estate Wardens was a new concept and was geared towards establishing close relationships with community associations in trying to identify and resolve problems. He said that the Estate Warden could be contacted through the Executive office, but emergency housing could not be arranged through the warden.

Councillor Kelly then asked if the Housing Executive had any plans for future developments.

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Mr Mackie advised that there were legislative proposals to change service responsibilities but he was unaware of any plans for additional sites. He said that generally this related to Traveller sites.

Regarding house prices in Magherafelt, Mr Mackie spoke of the location of Magherafelt and its proximity to Belfast, and the limitations of the Area Plan as a reason for people wanting to live in Magherafelt, hence the high prices for houses.

Councillor P E Groogan thanked the Housing Executive for the work carried out at Moneyneana and the excellent work carried out by the contractors. He welcomed the work at St Patrick’s Terrace. Councillor Groogan referred to a particular problem between No1 and No2 at St Patrick’ Terrace where the fencing only came part way. No.1 was owned by the Housing Executive, No.2 was a private house and there was a legal issue regarding a kerb between the two properties.

Councillor Rev McCrea commented that the kerb would have been put there by the Housing Executive.

Mr Mackie suggested that if the kerb was on a corner there could be a sight-lines issue.

Mr Patterson promised to come back to Councillor Groogan on this matter.

Councillor P H McErlean congratulated the Northern Ireland Housing Executive for their work. He enquired about progress on heating replacement at Killowen/Mullaghboy.

In the absence of Councillor Miss K A Lagan, Councillor McErlean stated that Miss Lagan had mentioned a long-term plan for prefab bungalows at Crawfordsburn and price differences.

Councillor McErlean enquired about the replacement grant criterion in the “isolated rural location”.

Mr Mackie explained that if the location fell within the speed limits of a village or town then it did not qualify, if it was outside the speed limits it may qualify.

The Chairman, Councillor Rev McCrea enquired about fuel poverty and asked when the Housing Executive would deal with this issue. There was no potential for a gas pipeline.

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Certain parts of the District had been restricted to use coal because of the air quality regulations and also the price of coal.

Mr Mackie in reply stated that the Executive’s policy was to move from solid fuel to oil and additional funds were directed to Economy 7. The speed at which the changeover took place depended on the money secured. The existing timetable was 10-15 years.

Councillor J F Kerr referred to other Councillor’s requests and comments. He enquired as to when the St Lurach’s would commence.

Mr Mackie said that he hoped the scheme would commence in November 2002 but it really was up to the contractor. The scheme would include full improvements and oil heating.

3.4 The Chairman thanked Mr Mackie and his staff for attending the meeting and for answering Members’ questions.

3.5 Submitted copy of the Northern Ireland “News Release” issued by the Information Department (copy circulated to each Member).

Noted.

The representatives of the Northern Ireland Housing Executive retired from the meeting at 8.10 p.m.

4. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s reports for the period 7 August to 3 September 2002 (copies circulated to each 210/9/2002 Member).

4.1 Mr Glendinning stated that during the period of the report forty-seven applications had been approved. Two applications had been withdrawn – MA/2001/0520 – Mr Damian Tohill for the erection of a dwelling & Garage at Lismoyle Road, Swatragh and MA/2012/0161 – Mr Thomas Seffen for an access ramp to the front of his dwelling at 3 Malcolm Villas, Knockloughrim.

Fifty-one applications had commenced on site, and forty-eight applications had been completed during this period.

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4.2 Mr Glendinning stated that no electrical certificates had been received in connection with three Petroleum Licences for premises at:

1. 57 Tobermore Road, Desertmartin 2. 40 Ballyronan Road, Magherafelt. 3. 89 Culnady Road, Upperlands

He further reported that the following premises had failed to apply and would loose their licences:

1. 76 Sixtowns Road, Straw 2. 27 Desertmartin Road, Tobermore.

In reply to a question, Mr Glendinning explained that the storage pumps would be filled with concrete or foam and could not be left empty.

The Chairman requested that one month be given for all the applicants, either to submit electrical certificates or apply for renewal of petroleum licences for the above premises, or their applications would be revoked.

4.4 It was

PROPOSED by Councillor J Junkin Seconded by Councillor J P O’Neill, and

RESOLVED: that the report as submitted be adopted by the Council.

5. NAMING AND Submitted letter and site plan for the naming and NUMBERING OF numbering of five private dwellings at Glen STREETS Road, Maghera for Glassnevin contractors. The suggested name was “Cúlglas”. PN/88/9/2002 5.1 On consideration it was

PROPOSED by Councillor P H McErlean, Seconded by Councillor P E Groogan, and

RESOLVED: that the Council adopt the name of “Cúlglas” for five dwellings at Glen Road, Maghera.

6. ENTERTAINMENT Submitted the following application for an LICENCES Entertainment Licences which were recommended for renewal pending favourable reports from the Fire Authority, PSNI, and Environmental Health and the required period of time having been completed for public advertisement:

E.129 Whiskey Teady’s, Glenone Road, Clady

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6.1 On consideration it was

PROPOSED by Councillor R A Montgomery Seconded by Councillor J F Kerr, and

RESOLVED: that the applications as submitted be renewed.

7. PETROLEUM Submitted the following applications for Petroleum LICENCES Licences which were in order and recommended for renewal:-

P. 1 S H Watterson (Engineering) Ltd, 80 Aughrim Road, Magherafelt – Ms Joanne Donnelly

P. 2 Braeside Service Station, 5 Tobermore Road, Desertmartin – Mr E Campbell

P. 6 Highfield Service Station, 55 Moneymore Road, Magherafelt – Mr J McLarnon

P. 28 O’Kane Cars Ltd, 150 Hillhead Road Castledawson – Mr J O’Kane

P. 35 Star Service Station, 36 Castledawson Road, Magherafelt – Mr J Hancock

P. 37 Heron Bros, 2 St Patrick Street, Draperstown – Messrs Heron Bros

P. 48 Kirkpatrick Filling Station, 27 Main Street, Tamlaght O’Crilly – Mr Roland Kirkpatrick

P. 52 O’Kane Service Station, 37 Kilrea Road, Upperlands – J & M O’Kane

P. 74 Diamond Service Station, 14 The Square Draperstown – Mr E McAuley

P. 75 Stockman’s Filling Station, 10 Maghera Road, Tobermore – Mr H Marshall

P. 93 PSNI – Magherafelt, C/o Transport Services, 18 Lislea Drive, Belfast– Ms Caroline Martin

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7.1 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: that the applications as submitted be renewed.

8. STREET TRADING Submitted the following applications for Street LICENCES Trading Licences which were recommended for renewal:-

Maghera:

S.T. 18 Mr Sharif 52 Castleton Templepatrick S.T. 20 Mr Rupee Majeed 52 Castleton Templepatrick S.T. 21 Mr Saeed Rassol 2 stalls 131 Bleary Road Portadown

8.1 On consideration it was

PROPOSED by J F Kerr Seconded by Councillor P E Groogan, and

RESOLVED: that the applications as submitted be renewed.

8.2 Submitted the following application for a mobile Street Trading licence:-

M1 Mr Gerry Lynn 9 Whitehill Drive Randalstown

8.3 On consideration it was

PROPOSED by J F Kerr Seconded by Councillor P E Groogan, and

RESOLVED: that the application as submitted be approved.

8. AMUSEMENT PERMIT Submitted the following application for an Amusement Permit which was recommended for renewal:-

A.4 Kathleen McMullin, 69 Kilrea Road Upperlands

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8.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P E Groogan, and

RESOLVED: that the application as submitted be renewed.

9. PLANNING SERVICE Submissions to be made to the Planning MANAGEMENT BOARD Services Management Board in connection with the following planning applications: 184/9/2002 9.1 H/2001/0818/O – Mr J McCloskey: In the absence of Councillor Miss K A Lagan it was agreed that the submission be deferred for one more month.

9.2 H/2001/0809/O – Mr & Mrs J McPherson: In the absence of Councillor G C Shiels it was agreed that this application be deferred for one more month.

10. PLANNING SERVICE Submitted the Divisional Planning Manager’s report dated 10 September 2002 (copy circulated to 185/9/2002 each Member).

10.1 The following applications were taken into special consideration:-

New Applications:

H/2002/0440/F – Northern Ireland Housing Executive The Planning Officer reported that one objection had been received regarding this application in connection with the ownership of land for access to temporary decant accommodation. The Planning Officer stated that the matter had been resolved and the opinion was still approval.

Applications where the Opinion is Refusal:

H/2002/0493/F – Mr E Scullion Deferred. Site meeting to be arranged for Wednesday, 18 September 2002 at 9.30 a.m. Councillors P H McErlean and O T Hughes to attend.

H/2002/0672/F – Mr H Mullan Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 12.20 p.m. Councillors J J Kelly and S O’Brien to attend.

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H/2002/0326/O – Mr G Allen Deferred. Site meeting to be arranged. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0523/O – Mr D O’Connell Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 10.20 a.m. Councillor J A McBride to attend.

H/2002/0593/O – Mr S Kirkwood Deferred. Site meeting to be arranged. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0596/O – Mr R Hastings Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 11.45 a.m. Councillor J A McBride to attend.

H/2002/0601/O – Mr E Regan Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 3.00 p.m. Councillor J A McBride to attend.

H/2002/0607/O – Mr B McCloskey Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 11.40 a.m. Councillor P E Groogan to attend.

H/2002/0628/O – Mr & Mrs D Bradley Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 11.00 a.m. Councillors J J Kelly and S O’Brien to attend.

H/2002/0648/O – D H Building Contracts Ltd Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 2.00 p.m. Councillor Miss K A Lagan to attend.

H/2002/0649/O – PRH Construction Deferred. Site meeting to be arranged. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0673/O and H/2002/0674/O – Cassidy Bros Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 9.30 a.m. Councillor J A McBride to attend.

H/2002/0675/O – Mrs O Kelly Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 2.00 p.m. Councillor J A McBride to attend.

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H/2002/0681/O – Ms M Lawrence Deferred. Site meeting to be arranged. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0690/O and H/2002/0691/O– Mrs H Henry Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 10.30 a.m. Councillor T J Catherwood to attend.

H/2002/0698/O – O’Connor Family Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 3.20 p.m. Councillor J A McBride to attend.

H/2002/0705/O – Mr G McSorley Deferred. Site meeting to be arranged for Wednesday 18 September 2002 at 2.40 p.m. Councillor P E Groogan to attend.

H/2002/0743/O – Mr D Kidd Deferred. Site meeting to be arranged for Tuesday 17 September 2002 at 2.30 p.m. Councillor J A McBride to attend.

Applications Deferred from Previous Meeting:

H/2001/0949/O – Mr S Scott Deferred. Planning Service Management Board referral.

H/2001/1049/O – Mr S McKeever Deferred for one month as Councillor J A McBride was absent from the meeting.

H/2001/1075/F – Mr I Henry Deferred. Planning Service Management Board referral.

H/2002/0020/O – Mr P Mackle Deferred for one month on the request of Councillor O T Hughes.

H/2002/0051/F – Nesbitt Contracts Deferred for one month as Councillors J A McBride and G C Shiels were absent from the meeting.

H/2002/0107/O – Mr S McKenna Deferred for one month on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

H/2002/0126/O – Mr T B Crockett Deferred. Planning Service Management Board referral.

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H/2002/0150/F – Mr J Scullion Deferred for one month on the request of Councillor P E Groogan.

H/2002/0158/O – Miss L Payne Deferred for one month as Councillor R A Montgomery was absent from the meeting.

H/2002/0164/O – Mr M Bradley Deferred for an office meeting on the request of Councillor J J Kelly.

H/2002/0169/O – Mr N Kelly Deferred for one month as Councillor J A McBride was absent from the meeting.

H/2002/0178/O – Ms P Kearney Deferred. Councillor S O’Neill stated that this application could be withdrawn.

H/2002/0192/F – Mr & Mrs Hughes Approval.

H/2002/0198/O – Mr M Pollock Deferred. Councillor P McLean on behalf of Councillor T J Catherwood, who was absent from the meeting, requested a three weeks to withdraw or refusal issued.

H/2002/0240/O – Mr M Allister Deferred. The Planning Officer asked that the Planning opinion be withdrawn as more representations had to be considered.

H/2002/0245/O – Mr W G Crossett Deferred on the request of the Chairman, Councillor Rev Dr R T Wm McCrea for an office meeting.

H/2002/0291/O – Mr D McCloskey Approval. The Planning Officer advised that that planning approval had been given for warehousing and distribution only.

Noted.

H/2002/0300/O – Mr C Mulholland Deferred for one month on the request of Councillor O T Hughes.

H/2002/0307/O – Mr J Chivers Deferred. Planning Service Management Board referral.

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H/2002/0322/O – Mr A Brooks Approval.

H/2002/0323/F – Mr K Convery Deferred. Councillor P H McErlean requested that this application be deferred for one month as Councillors Miss K A Lagan and J A McBride were absent from the meeting.

H/2002/0324/O – Mrs C Young Deferred. Councillor P H McErlean requested on behalf of Councillor J A McBride that this application be deferred for an office meeting.

H/2002/0347/O – B Gribben Deferred for one month on the request of Councillor P H McErlean.

H/2002/0361/O – Mr A Sampson Approval.

H/2002/0368/O – Mr V Mitchell Deferred. Councillor P H McErlean requested three weeks to withdraw or refusal issued.

H/2002/0375/A and H/2002/0376/F – Stanley Racing Approval.

The Chairman, Councillor Rev Dr R T Wm McCrea said that the Planning opinion would be a big disappointment to the local business people.

H/2002/0377/O – Mr P McTaggart Deferred for one month on the request of Councillor O T Hughes.

H/2002/0378/O – Ms C O’Neill Deferred. The Planning Officer reported that one objection had been received in connection with this application concerning build up and ribboning.

It was agreed to defer this application for one month as Councillor G C Shiels was absent from the meeting.

H/2002/0392/O – Mr R Steele Approval.

H/2002/0412/O – Mr J Wilson Deferred for an office meeting on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

H/2002/0423/O – Mr S Smyth Deferred for an office meeting on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

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H/2002/0448/O – Mr S Doyle Deferred. Councillor P H McErlean requested an office meeting on behalf of Councillor J A McBride who was absent from the meeting.

H/2002/0467/F – Mr C Cassidy Deferred. Councillor P H McErelan requested an office meeting on behalf of Councillor J A McBride who was absent from the meeting.

H/2002/0482/O – Ms M Clarke Deferred for an office meeting on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

H/2002/0487/O – Mr P O Scullion Deferred for one month on the request of Councillor P H McErlean for further information.

H/2002/0491/F – Mr P Bradley Approval.

H/2002/0512/O – Mr T Diamond Deferred for one month on the request of Councillor O T Hughes.

H/2002/0516/O – Mr F Craig Deferred for one month on the request of Councillor S O’Brien for an office meeting.

H/2002/0518/O – Mr C Kelly The Planning Officer advised that this application had been withdrawn.

H/2002/0525/O – Ms C Kilpatrick Deferred for an office meeting on the request of Councillor P H McErlean.

H/2002/0535/O – Mr J Shivers Approval.

H/2002/0570/O – Mr J Mawhinney Approval.

H/2002/0587/O – Mr H Murray Deferred. Three weeks to withdraw or refusal issued.

H/2002/0605/O – Mr B McCloskey Deferred for an office meeting on the request of Councillor P E Groogan.

H/2002/0610/O – Mr D Mulholland Deferred for an office meeting on the request of Councillor O T Hughes.

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H/2002/0633/O – Mr B McCloskey Approval.

H/2002/0638/O – Mr O’Neill Deferred. Councillor P H McErlean requested an office meeting on behalf of Councillor J A McBride.

H/2002/0641/O – Mr W Love Deferred for an office meeting on the request of the Chairman Councillor Rev Dr R T Wm McCrea.

Applications Deferred from Previous Meetings and Still Under Consideration:

H/2002/0365/O – Mr M Toal The Planning Officer reported that a site meeting had been arranged and would be held on Tuesday 17 September 2002 at 4.15 p.m. Councillors O T Hughes and S O’Brien to attend.

H/2002/0385/O – Mr M Kelly Councillor P E Groogan reported that an office meeting had taken place.

H/2002/0421/O – Mr P McKenna Councillor P E Groogan enquired if an office meeting had taken place.

The Chairman, Councillor Rev Dr R T Wm McCrea asked the Planning Officer why Happy Days Nursery’s application had not appeared on the schedule.

The Planning Officer in reply stated that this application would be coming to Council with an opinion of a refusal.

Councillor Rev McCrea then requested an office meeting.

11.3 It was

PROPOSED by Councillor P H McErlean, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 10 September 2002, subject to the above conditions and amendments.

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275/9/2002 11.4 Submitted letter from Mr Brian Nicholl, 1 Ballyronan Road, Magherafelt drawing the Council’s attention to a letter he had written to the Divisional Planning Office in connection with a proposed development of the PSNI Police Station at Magherafelt – Planning Ref: H/2002/0549/F (copies circulated to each Member).

In his letter Mr Nicholl listed three areas of concern:

1. The proposals were completely out of character with surrounding land usage. The Police Station was located in a residential area with clear characteristics – large gardens with only minimal single storey rear extensions.

2. The elevation adjacent to his boundary would dominate his home on a massive scale.

3. From mid-afternoon he would be in permanent shade. Currently he had ample sunshine and natural light and under no circumstances could there be any justification for depriving him of this.

Mr Nicholl pointed out that the only difficulty with the proposal was the direct impact on his home.

11.5 Councillor P McLean enquired from the Planning Officer if proper Neighbourhood Notification had been carried out as he had been led to believe that the proper time had not been given.

11.6 The Planning Officer in her reply stated that Neighbourhood Notification was based on the information given by the applicant. She further advised that the application had not come before the Council as it was still being considered by the Department. Mr Robinson, from the Planning Department had visited the sight and spoken to Mr Nicholl on these matters.

Noted.

The Planning Officers retired from the meeting at 8.55 p.m.

12. PLANNING APPEALS Submitted Bulletins prepared by the Planning Appeals Commission for the month of July, 218/9/2002 2002.

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12.1 The Chief Executive advised that there were no appeals in the July Bulletin for the Magherafelt District Council area.

Noted.

13. ENVIRONMENTAL In the absence of the Director of Environmental HEALTH Health who was attending an Environmental Health DEPARTMENT Conference, Mr Robert Beattie, Senior Environmental Health Officer presented the report 196/9/2002 for the month of August 2002 (copy circulated to each Member).

The following matters were taken into special consideration:

13.1 Food Safety Mr Beattie advised that during the previous year a report had been submitted to Council on the requirements of the Food Standards Agency for each Local Authority to prepare and publish an annual Food Service Plan. Mr Beattie said that within the plan there were a number of policy statements on certain aspects of food safety enforcement required by the Agency to be approved by the Council. He presented the latest policies prepared in conjunction with the constituent Councils of the Northern Group Environmental Health Committee and Northern Group Systems.

13.2 Mr Beattie referred to the report and outlined the action to be taken in certain situations under the Enforcement Policy (Hazard Analysis) – FC/POL/C002 and Regulation 4(3) – Hazard Analysis Requirement. He also advised of the Re- Visit Policy – Food Hygiene/Food Standards – EC/POL/005 policy statement. Mr Beattie said that this policy aimed to provide guidance to officers as to when and in what circumstances a revisit to a food business may be appropriate, the timing of revisits and who should conduct them.

13.3 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: to adopt both Policies for Hazard Analysis Enforcement and Revisits as required by the Food Standards Agency.

21

13.4 Public Health (Ireland) Act 1878 Mr Beattie advised that two applications had been received from:

(1) Mrs J O’Neill , owner/occupier to have her dwelling at 1 Parkmore Close, Magherafelt inspected.

An inspection of the property revealed that the following matters were considered prejudicial to the health of occupants of the dwelling:

1. Penetrating dampness and excessive draughts to the dwelling via decayed windows to the gable end bedroom, bathroom and kitchen/dining area (2 No).

Mr Beattie recommended that the Council consider issuing a Statutory Abatement Notice on the owner requiring her to carry out the following remedial work within six months.

1. Replace the windows to the gable end bedroom, bathroom and kitchen/dining area.

(2) Mr J McGurk , owner/occupier to have his dwelling at 64 Leitrim Road, Castledawson inspected.

An inspection of the property revealed that the following matters were considered prejudicial to the health of occupants of the dwelling:

1. Penetrating dampness to the dwelling via decayed fascia and barge-boards (all). 2. Penetrating dampness to the dwelling via ill- jointed eavesgutters and downspouts (all).

Mr Beattie recommended that the Council consider issuing a Statutory Abatement Notice on the owner requiring him to carry out the following remedial work within six months

1. Replace the fascia and barge-boards (all). 2. Replace the eavesgutters and downspouts (all)

13.5 On consideration it was

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

RESOLVED: that the Council issue Statutory Abatement Notices on both owners requiring them to carry out the recommended remedial work within six months.

22

13.6 Local Government (Miscellaneous Provisions) (NI) Order 1985 Mr Beattie advised that an application had been received for the business of ear-piercing. The premises had been inspected and found to be satisfactory and the appropriate fee had been received. He therefore, recommended that the premises be registered.

13.7 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: that the premises known as “The Nail Parlour” at 17 Church Street, Magherafelt and owned by Mrs Deirdre Conway be registered for the business of ear-piercing.

13.8 Mr Beattie further advised that another application had been received for the business of ear-piercing and electrolysis.

The premises had been inspected and found to be satisfactory and the appropriate fee had been received. He therefore, recommended that the premises be registered.

13.9 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: that the premises at 45 Main Street, Castledawson owned by Ms Donna Murray be registered for the business of ear-piercing and elecrolysis.

13.10 Office Safety Enforcement Initiative Mr Beattie advised that an information pack on office safety and a self-inspection questionnaire were issued to all 64 premises registered on the Council’s register. The response had been positive and a random number of inspections had been undertaken.

Noted.

13.11 Sunbed Survey Mr Beattie reported that during recent years there had been an increase in the number of establishments providing ultra violet light tanning facilities in the District.

23

In order to raise awareness of the hazards and dangers associated with the use of tanning equipment a survey of sunbed facilities was carried out. Eleven premises were identified and each received an inspection. They also received guidance literature prepared by the Department. Sunbed users were also targeted through newspaper articles in two local papers.

Noted.

13.12 Planning Consultations Mr Beattie in referring to the report commented on two applications in particular:

1. Gravel extraction and vehicular access at Disert Road, Lough Neagh and to the points raised in the consultants report.

2. Erection of three wind turbines (Tripod Base) at 11 Drumard Road, Knockloughrim and that the applicant should be asked to provide technical information. 24

13.13 Mr Beattie sought permission to bring before the Council one additional item and this was agreed to.

Mr Beattie explained that this matter was under The Pollution Control and Local Government (NI) Order 1978 and to a decision taken by the Council at a previous meeting to institute legal proceedings against Mr James Wilson, 22 Ballymacombs Lane, Bellaghy for failure to comply with a notice served on him under Article 66 (1) of the Pollution Control and Local Government (NI) Order 1978. The Solicitor had advised that a problem had arisen as to who actually owned the land as it was unregistered. The delay involved meant that the deadline of 90 days as contained in the original notice had run out of time. Permission was sought to serve a second Notice which would give a further 28 days for the stated works to be carried out.

The Chairman, Councillor Rev Dr R T Wm McCrea enquired how, if the land was unregistered, the Council was in a position to serve a second Notice.

In reply, Mr Beattie, stated firstly, that Mr Wilson had accepted ownership verbally, and secondly, that service of the Notice was being carried out under legal advice.

On consideration it was

PROPOSED by Councillor J P O’Neill, Seconded by Councillor O T Hughes, and

RESOLVED: to authorise the service of a second Notice on Mr Wilson. 25

13.14 It was

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

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

14. FOOD SERVICE PLAN Submitted: 2002/2003 • Food Service Plan 2002/2003 (copy circulated to each Member) • Review of Food Service – 1 April 2001 to 31 March 2002 (copy circulated to each Member).

14.1 Mr Beattie outlined the service aims and objectives and the connection with the Council’s Mission Statement. He referred in particular to Page 16 and the resources available in terms of officer hours for Food Safety and Standards Promotion service delivery.

14.2 On consideration it was

PROPOSED by Councillor P H McErlean, Seconded by Councillor J P O’Neill, and

RESOLVED: to adopt the Council’s Food Service Plan for 2002/2003.

14.3 The Review of Food Service showed that the Environmental Health Staff engaged in food safety had provided a commendable level of service during this period despite the lack of resources highlighted in the food service and the introduction of the butchers’ licensing scheme during the year. The additional officer resource provided by the Council should enable the Department to give an even more comprehensive service next year.

14.4 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor J P O’Neill, and

RESOLVED: to adopt the Review of the Food Service from 1 April 2001 to 31 March 2002.

15. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of August 2002 (copy circulated to each Member). 322/9/2002 Development Services:

26

15.1 Rights of Way Mr Johnston advised that legal opinions had been received on both rights of way. He asked permission from the Chairman to defer this part of the report until the Council discussed Legal Matters, and this was agreed to.

Leisure Services:

15.2 Mr. Johnston in referring to his report stated that August was another excellent month for Leisure Services with a total income well over £60,000.

The main centres performed very well; Greenvale Leisure Centre was up 8%; Magherafe Recreation Centre up 4% and Meadowbank Recreation Centre up 3% on the corresponding month last year.

Although Tobermore Golf Driving Range recorded a decrease this was nevertheless better than had been expected as the area recorded income of well over £7,000.

15.3 Special Olympics Host Town Mr Johnston referred to paragraph 6 on Page 3 and advised that Magherafelt Special Olympics Host Town Committee met on 30 August 2002 at the Bank of Ireland, Magherafelt. In accordance with the Council’s instructions, Councillor R A Montgomery sought clarification from the Committee concerning their recent request for additional funding. The Committee had accepted that the Council would 50% fund the project, with part of this funding being in kind (that is, Leisure Services, Officers’ time, etc), however they had now estimated that the total cost of the project would be £20,000 (as opposed to the original £13,000) and they were asking the Council to apply the 50% principle to their revised costs.

It was agreed to defer further discussion on this matter until the Council were “In Committee”.

15.4 Priority Booking Mr Johnston stated that during August applications had been received for priority bookings of football pitches from:

27

• Maghera Football Club for the use of the Coleraine Road pitch; and • Maghera Strollers for the use of Knockloughrim pitch

Mr Johnston recommended both for approval

On consideration it was

PROPOSED by Councillor P McLean, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council accedes to both requests for priority bookings of football pitches.

Technical Services:

15.5 Vandalism Mr Johnston referred to page 5 of his report on the usual spate of vandalism.

He said that the most concerning issue took place at Queen’s Avenue Football Pitch where broken bottles were discovered buried immediately under the surface of the goalmouths. This action, he said, had the potential to seriously hurt anyone playing on the pitch, particularly the goalkeeper.

The Chairman, Councillor Rev Dr R T Wm McCrea spoke of the number of items of vandalism particularly this totally unacceptable dangerous criminal act at Queen’s Avenue football pitch. He described it as anti-social and vandalism that could destroy someone for life. He asked the question, “What good did it do” and made a clear appeal to the community to assist the Council in finding the culprits. He made it clear that if there was evidence then the Council’s Officers would take legal action against anyone engaging in this type of activity.

15.6 Bus Shelter at High Street, Draperstown Mr Johnston reported that in accordance with the Council’s instructions a survey was carried out by the Technical Services Department to establish if there would be any objections to the siting of a bus shelter to accommodate approximately 100 children, on the grass area in front of the library.

The survey included all properties in close proximity to the proposed location. The results were as stated in his report, basically private 28 householders were against and all businesses were in favour.

One resident expressed concerns about the close proximity to the new bus shelter to an existing off- licence and the problems that could develop from after hours drinking in and around the shelter. It was also pointed out by another resident that this proposal had been previously rejected on the grounds that the area was a conservation zone. Mr Johnston advised that whilst the objections of private householders had to be considered, there was a clear case of need for a bus shelter in Draperstown and in view of this he asked the Council how Members wished him to progress the matter.

The Chairman, Councillor Rev McCrea stated that the facility could not be forced on the community and perhaps those concerned could be brought on side if the Councillors from the area and officers set down and discussed the problems with them.

Councillor P E Groogan stated that previously traders objected. A site within the town was the preferred option.

He personally felt that the objection of the proximity of the off-licence was in his opinion spurious, however he agreed that all concerned should meet rather than impose the bus shelter on the people.

On consideration it was agreed that a meeting should take place with all concerned.

15.7 Land at Carricknakielt Road, Maghera Mr Johnston advised that the Department of Rural Development proposed to transfer an area of land at Carricknakielt Road, Maghera to the adjacent landowners. A five metre strip behind the footpath had been retained and it was suggested that it could be maintained and/or developed by the Council. He said that the Council would be aware that some time ago a decision had been taken to increase the number of flowerbeds by thirty and that no more would be considered for a number of years. However, Mr Johnston felt that this was an opportunity to enhance the entrance to Maghera and recommended that on this one occasion the Council should agree to develop the site as proposed by the Department of Rural Development.

On consideration it was

PROPOSED by Councillor J F Kerr, 29 Seconded by Councillor J J Kelly, and

RESOLVED: that the five metre strip behind the footpath at Carricknakielt Road, Maghera be transferred to the adjacent landowners be maintained and developed to enhance the entrance to Maghera as suggested by the Department of Rural Development.

15.8 Cleansing of Department of Rural Development’s Car-parks at Magherafelt and Maghera Mr Johnston referred to Appendix 3 to his report which was a letter from the local Section Engineer agreeing to the inflationary increase that would apply to the cleansing of DRD car-parks at Magherafelt and Maghera.

Mr Johnston further advised that Mr John McRobert had moved to a post in Omagh.

Noted.

15.9 Gospel Meeting, Innishrush Mr Johnston referred to Appendix 4 to the report which was a letter requesting permission to erect a portable hall on Council property at Mill Park, Innishrush for Gospel meetings.

Mr Johnston pointed out that it was not the Council’s policy to allow requests for facilities for religious or political meetings.

The Chairman stated that this applied to buildings only and requests had been allowed in the past.

Councillor J Junkin stated that the area in question had been used by the Northern Ireland Housing Executive for decanting purposes. He said that Innishrush had recently had a number of problems and proposed that if proper insurance was provided and indemnification that the request be allowed.

The Chief Executive stated that the request was not unreasonable but insurance had to be satisfactory.

It was

PROPOSED by Councillor J Junkin 30 Seconded by Councillor O T Hughes, and

RESOLVED: that the request for permission to erect a portable hall on Council property at Mill Park, Innishrush be allowed.

15.10 Blue Wheel-bin Dry Recycling Scheme Mr Johnson advised the Council that procedures were in place for the introduction of the scheme. Currently letters were being issued to householders to advise of the recycling proposals agreed by the Council at its meeting held on Tuesday 13 August 2002. Information leaflets, stickers and a callendar had been designed which would be issued with the blue bins. A copy of the leaflets and calendars were distributed to Members for information. Mr Johnston commented in his opinion the leaflets/calendars, etc. were excellent and congratulated Mr John Murtagh the Council’s NI 2000 Environmental Projects Officer who had designed them.

Mr Johnston further stated that it was envisaged that delivery of the blue bins would commence on the “Magherafelt route” on Monday 16 September 2002.

He further stated that the Council would be aware that the major problem of recycling was obtaining markets for the materials collected and it had been agreed that all long-term markets would be sought on a North West Group basis rather than by individual Councils.

This procedure was under way, in accordance with the procedures agreed by Councils for extending the role of the current Consultants, that is, to allow them to prepare a pin notice and tender documents for the procurement of services and markets. This procedure, however, would not be competed by 7 October 2002 when it was envisaged that the collection of dry recyclables would commence. Mr Johnston stated that because of the problems they were having with the Department regarding the adoption of the Waste Management Plans, it could well be six months to one year before reliable markets were established. In view of this a local recycling plant had been contacted to seek an interim agreement that would allow them to take the Council’s dry recyclables until a more permanent long-term market could be established.

Basically for the time it would take the North West Group to establish permanent contracts. They had quoted a price of £20 per tonne for dry recyclables 31 delivered to their site. Mr Johnston understood that a cost of between £16 and £40 per tonne was being quoted by the private sector for processing dry recyclables collected by other Councils, with the lowest costs based on long-term contracts. Short-term or interim contracts were obviously more expensive. A transportation cost of at least £1 per load per mile was also the norm. Mr Johnston said that despite other Councils receiving quotes he knew of no facility within 40 miles of the Council (other than this local recycling plant) that was licensed and set up to process dry recyclables immediately. Even if there were a round trip of 80 miles with a compaction lorry carrying 10 tonnes this would add at least £8 per tonne transportation costs to the lowest figure, making it £24 per tonne.

He said that he was sure the Council would accept that it would be very unproductive and unpopular to have to landfill any recycled materials and indeed this would be counter productive to all that the Council was attempting to achieve.

Mr Johnston, therefore, recommended that the Council permit the officers to enter into an interim agreement whereby a local recycling plant would take their dry recyclables at a cost of £20 per tonne, delivered to their site.

On consideration it was

PROPOSED by Councillor P McLean, Seconded by Councillor J Junkin, and

RESOLVED: that Council permit the officers to enter into an interim agreement whereby a local recycling plant would take their dry recyclables at a cost of £20 per tonne, delivered to their site.

The Chairman, Councillor Rev McCrea requested that the Council emphasise the proposals for recycling materials to the public.

15.11 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: that the report as submitted be adopted.

16. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of September 2002 (copy circulated to each Member). 32 9/2002 16.1 The schedule provided for £361,596.92 out of the Revenue Account and £282,081.92 out of the Capital Account.

16.2 It was

PROPOSED by Councillor J J Kelly, Seconded by Councillor S O’Brien, and

RESOLVED: that the Schedule of Accounts as submitted be approved.

17. FINANCIAL 17.1 Save the Children: CONTRIBUTIONS Submitted letter from the Chairperson, Save the Children Northern Ireland seeking sponsorship for a 56/9/2002 grand gala and fund raising dinner on Friday 8 November 2002 (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor P H McErlean, and

RESOLVED: to make a contribution of £300 to Save the Children Northern Ireland.

17.2 Ethnic Minority OAPs and Disabled Group Submitted letter from Raj Kumar Chada, Magherafelt dated 16 August 2002 (copy circulated to each Member) seeking assistance by providing transport to and from the Laxmi-Narayan Temple in Belfast for 12 – 14 individuals who follow the Hindu faith and were residents of the Magherfelt Council area.

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

17.3 Northern Ireland Ploughing Association: Submitted letter from the Secretary, Northern Ireland Ploughing Association dated 22 August 2002 seeking a financial contribution towards the 59th Northern Ireland Ploughing Championships which were schedule to be held at Rubane Road Kirkistown, Portaferry on Friday and Saturday 18 and 19 October 2002 (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor J Junkin, 33 Seconded by the Chairman, Councillor Rev Dr R T Wm McCrea, and

RESOLVED: to make a contribution of £200 to the Northern Ireland Ploughing Association towards the 59 th Annual Ploughing Championships.

17.4 The Society of Parents & Friends of Muckamore Abbey: Submitted a letter from the Parents & Friends of Muckamore Abbey seeking a financial contribution towards the upgrading and refurbishment of their swimming pool complex (copy circulated to each Member).

Councillor P H McErlean stated that the Council should consider a donation as this facility was used by handicapped residents of Muckamore Abbey Hospital some of whom had families living in the Council area.

On consideration it was

PROPOSED by Councillor P H McErlean, Seconded by Councillor P McLean, and

RESOLVED: that the Council make a contribution of £200.

17.5 Magherafelt High School Golf Team: Submitted letter from the Deputy Head seeking financial assistance towards the boys’ golf team’s (British Heart Foundation Champions) travel, accommodation, food, etc when competing in the Great Britain Finals at The Belfry in September when they compete against teams for England, Scotland and Wales (copy circulated to each Member).

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

17.6 Shelter Northern Ireland: The Chief Executive advised that the Northern Ireland Housing Executive had acknowledged the Council’s request for further information but no figures had been given.

On consideration it was

PROPOSED by Councillor J J Kelly, 34 Seconded by Councillor J F Kerr, and

RESOLVED: that the a subscription of £1,000 be made as Magherafelt had a higher incidence rate.

17.8 Special Olympic World Games: The Chief Executive referred to a letter dated 6 September 2002 which he had received from the Special Olympics World Games stating that the estimated cost of staging the 2003 Special Olympics World Summer Games would be in the region of £21.5 million. While much had been achieved assistance was still required to raise the final £4.5 million and Northern Ireland had agreed to meet this target, by raising £250,000. The letter also set out the expenses incurred and the major role which Northern Ireland would play in the Games.

The Chairman, Councillor Rev Dr R T Wm McCrea wondered what part Central Government played in financially supporting the Special Olympic World Games.

It was agreed to defer the request until officers found out what was happening in other Council areas and what other sources were helping financially.

18. CONFERENCES Consideration was given to the nomination of AND COURSES delegates to attend the following conferences:

268/9/2002 18.1 The Fourth National Environment Conference – “Towards a Sustainable Environment” organised by Dundalk Chamber of Commerce to take place on the 8 & 9 October 2002 at the Fairways Hotel, Dundalk, Co Louth. The fee was €400 per delegate which covered attendance, conference pack, banquet, lunches and refreshments (details circulated to each Member).

On consideration it was

PROPOSED by P McLean, Seconded by Councillor J J Kelly, and

RESOLVED: that Mr John Murtagh, the Council’s NI 2000 Environmental Projects Officer attends the conference.

18.2 A N.A.C./L.A.M.A. Joint Conference to be held in Newcastle Marriot Hotel, Metro Centre, Gateshead from 11/13 October 2002. Delegates 35 Fees – full rate (Members of the N.A.C. - £260 plus VAT; full-rate (Non-N.A.C. Member) - £295 plus VAT. The accommodation fee was £45 per night (details circulated to each Member).

It was

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

RESOLVED: that all three representatives serving on the Association of Councillors attend, that is, Councillors R A Montgomery, P H McErlean and S O’Brien attend the Joint Conference.

18.3 Councillor J Junkin advised the meeting that the Council had at a previous meeting nominated him to attend the Ulster Waterways Conference to be held on Friday 27 September 2002 but, because of work commitments, could not attend and

The Chairman adjourned the meeting for ten minutes in order to allow for a comforts break at 9.10 p.m.

The meeting resumed at 9.20 p.m.

19. NOMINATIONS TO Consideration was given to the nomination of OTHER BODIES Members to the following bodies:

19.1 Northern Ireland Housing Council:

Submitted letter from the Secretary to the Northern Ireland Housing Council dated 23 August 2002 advising that it was the Housing Council’s view, recently endorsed by NILGA that nominations made for more than one year were more beneficial to the nominating Council, the member concerned and the Housing Council as a whole. It was the Housing Council’s intention to nominate Members to the Board on a three yearly basis rather than annually, which was currently the case.

The Northern Ireland Housing Council were therefore requesting that the Council assist them in securing a rationalism of the term of appointment and following the next Local Government elections, considers nominating their representative to the Housing Council for a four year term.

The Housing Council further requested that the Council re-nominate the current Member to the end of the current electoral term. 36

On consideration it was

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

RESOLVED: that the Council assist the Northern Ireland Housing Council in securing a rationalism of the term of appointment following the next Local Government elections, and nominates their representative to the Housing Council for a four year term.

It was further resolved that Councillor P H McErlean be re-nominated to serve on the Housing Council for the duration of the current electoral term.

19.2 Northern Ireland Water Council:

Submitted a letter from the Joint Secretary, Water Service Strategic Policy Branch (copy circulated to each Member) stating that the role of the Water Council was to advise the Departments on the exercise of their functions under the Water Act 1972 and the Water and Sewerage Services Order 1973 such as the provision of water and sewerage services, pollution control and recreational use of waterways.

Members of the Council were appointed in accordance with the Northern Ireland Commissioner for Public Appointments’ Code of Practice and under the 1972 Act the Council would consist of not more than fifteen persons who would hold office for a period of three years. The three year term of the present Council expired on 31 October 2002 and at least six vacancies would arise. The Water Council was seeking nominees to be considered for appointment.

On consideration it was

PROPOSED by Councillor P McLean Seconded by the Chairman, Councillor Rev Dr R T Wm McCrea,

That Councillor T J Catherwood be nominated.

It was

37 PROPOSED by Councillor J J Kelly, Seconded by Councillor J F Kerr

That Councillor S O’Brien be nominated.

There being no further nominations, the Chairman declared that both names be forwarded to the Water Service Strategic Policy Branch to be considered for appointment to the Northern Ireland Water Council.

20. CONSULTATION Submitted the following consultation documents for DOCUMENTS consideration:

195/9/2002 20.1 “A Five Year Tobacco Acton Plan” prepared by the Department of Health, Social Services and Public Safety seeking comments by Friday 15 November 2002 (copy circulated to each Member).

20.2 “Proposals for Transportable Pressure Vessels Regulations (Northern Ireland) 2002” prepared by the Health and Safety Executive Northern Ireland seeking comments by 11 October 2002 (copy circulated to each Member).

20.3 “Proposed New Exceptions to the Rehabilitation of Offenders Order “ prepared by the Criminal Law Branch, Northern Ireland Office seeking comments by 23 November 2002 (copy circulated to each Member).

20.4 “Sperrins Countryside Recreation Strategy” prepared by Sperrins Tourism Limited seeking comments by Wednesday 18 September 2002 (copy circulated to each Member).

20.5 “Proposed Taxi Plating Scheme” prepared by Driver and Vehicle Licensing Northern Ireland seeking comments by Friday 18 November 2002 (copy circulated to each Member).

20.6 “Proposals for Amending Regulations to be known as the Notification of New Substances (Amendment) Regulations (Northern Ireland) 2002 (NONS 2002)” prepared by the Health & Safety Executive Northern Ireland, seeking comments by Friday 11 Octobe 2002 (copy handed out to each Member).

38 20.7 “Proposals for the Implementation of EC Directive 97/11/EC in relation to Harbour Works in Northern Ireland” issued by the De

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

21. NOTICE OF MOTION The Chief Executive advised that Councillor J F Kerr had withdrawn his motion. 212/6/2002 Noted.

22. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor P E Groogan Seconded by Councillor J F Kerr, and

RESOLVED: that the Council proceed “In Committee”

Council “In Committee”

23. STAFF MATTERS This item was taken “In Committee”.

24. LEGAL MATTERS This item was taken “In Committee”.

25. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor P McLean Seconded by Councillor J F Kerr, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor P McLean 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.

26. SEALING OF There were no items for sealing. DOCUMENTS

39 27. ITEMS FOR The following items were submitted for the INFORMATION information of Members:-

(a) Copy of “Eel Express” (Issue 10) produced by Lough Neagh and Lower Ban Advisory Committees (copy circulated to each Member). (b) Copy of the Second Annual Review of the Northern Childcare Plan & Tri-annual Review of Daycare Services in the Northern Health & Social Services Board Area (copy circulated to each Member). (c) Report from the Board of the Northern Ireland Housing Executive held on Wednesday 31 July 2002. (d) Northern Ireland Human Rights Commission – Equality Scheme 2001-2006. (e) Copy of “Counselling in Northern Ireland” – the Department of Health, Social Services and Public Safety’s report of the Counselling Review.

(f) Corporate Reports/Reports and Business Plans:

1. Environmental and Heritage Service 2002- 2005 2. Department of Regional Development 2002/2003 3. Water Service 2002.

(g) Annual Reports:

1. Northern Ireland Housing Executive 2001/2002 & Housing Agenda 2. Valuation and Lands Agency 2001/2002 3. Postwatch 2001-2002 4. Rate Collection Agency 2001/02 5. Ordnance Survey of Northern Ireland 2001- 2002 6. Water Service 2001-2002

The meeting concluded at 10.00 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

40 ______(Date)