Magherafelt District Council

MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 9 December 2003. The meeting commenced at 7.30 pm.

Presiding: Miss K A Lagan

Other Members Present: R A Montgomery T J Catherwood P E Groogan O T Hughes J Junkin J F Kerr J A McBride Rev Dr R T Wm McCrea P H McErlean P McLean H E Mullan S O’Brien J P O’Neill G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) C W Burrows (Director of Environmental Health) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Planning Service - Bodies in Attendance: Mrs Joan Bryson

1. VACANCY - The Chief Executive advised that the first item for CO-OPTING consideration was co-opting a Member to fill the A MEMBER vacancy caused by the resignation of Councillor John Kelly. 205/12/2003 1.1 The Chief Executive stated that some discussion had taken place before the meeting and it had been proposed that, for the remainder of the present Council term and the full duration of the next Council term (2005-2009), in the event of a vacancy occurring for a Councillor, the Party to which that Councillor belonged will have the right to co-opt unopposed an individual to fill that vacancy.

1.2 The motion was

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

RESOLVED: that for the remainder of the current Council term and the full duration of the next Council term (2005-2009) if a Member vacancy arises, the Party to which the vacating Member belonged will have the right to co-opt unopposed an individual to fill that vacancy.

1.3 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor O T Hughes, and

RESOLVED: that the vacancy be filled by the co- option of John Joseph (Sean) McPeake.

1.4 Councillor J F Kerr advised the meeting that Mr McPeake was present at the meeting and was sitting in the public gallery.

1.5 Mr McPeake was invited to join the meeting and on signing the form of Declaration of Councillor, he took his seat.

2. MINUTES It was

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

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 11 November 2003 (copy circulated to each Member) be taken as read and signed as correct.

3. MATTERS ARISING 3.1 Submitted a letter of thanks from Wave OUT OF THE MINUTES Trauma Centre for the Council’s donation towards paying for their information evening and finger 56/12/2003 buffet held in Gardiner’s Restaurant on 15 October 2003. Noted.

3.2 Submitted a letter from Kathryn Burrows advising that she had completed the Machu Picchu Trial and thanking the Council for its donation towards Action Cancer.

Noted.

280/12/2003 3.3 Submitted a letter from the Acting Divisional Water Manager, Northern Division requesting that representatives from the Division be allowed to attend the next appropriate Council meeting to discuss the 2003/2006 Capital Works and take comments on the priority of schemes for later years.

3.3.1 The Chief Executive commented that the year 2003/2004 was almost over, however the two years 2004/2006 could be considered.

3.3.2 On consideration it was

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

RESOLVED: that representatives from the Water Service, Northern Division be invited to attend the Council Meeting to be held on Tuesday, 9 March 2004 to discuss the 2004/2006 Capital Works programme and take comments on schemes for later years.

4. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 5 November to 2 December 2003 (copy circulated to each 210/12/2003 Member).

4.1 Mr Glendinning stated that during the period of the report forty-seven applications had been recommended for approval.

4.1.1 There were no rejections but there were four cancellations:

MA/0978/0378 Mr Frank O’Hagan 11 Curr Road, Desertmartin

Extension to Dwelling at 11 Curr Road, Desertmartin

MA/0990/0071 Mr Robin Caskey 48 Beechland Road Magherafelt

Extension to dwelling at 48 Beechland Road, Magherafelt

MA/2001/0406 Northern Ireland Housing Executive

Instalation of oil fired central heating at 6 Crawfordsburn Drive, Maghera

MA/2034/0034 NU-U Beauty Salon

Provision of treatment room at 13 Church Street, Magherafelt

4.1.2 There was one extension of time – application MA/2001/0096 - a replacement dwelling for Mr William Houston, 56 Drumbolg Road, Upperlands, and one application was exempt – MR/2034/0014 – extension to a dwelling for Mr Hugh McAlary at 58 Highfield Road, Magherafelt.

4.1.3 Sixty-seven applications had commenced on site and forty-two applications were found to be complete in accordance with Building Regulations.

4.2 It was

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

RESOLVED: that the report as submitted be adopted.

5. NAMING AND Further consideration was given to the NUMBERING OF naming and numbering of a housing development STREETS at Derrynoid Road Draperstown for Cloane Construction Ltd. The name suggested by the PN105 developer was “Page’s Lane”.

5.1 Councillor P E Groogan pointed out that the lane in question was known locally as “Page’s Lane” and suggested that the development, which was off this lane could either be numbered off the lane itself or given a separate related name such as Page’s Drive, Avenue, Court, etc.

5.1.1 Mr Tohill stated that the Officers of the Council were initially confused by the suggested name and were unaware that the lane itself was known as Page’s Lane. He enquired if the Council wished to officially name the lane “Page’s Lane”.

5.1.2 Further discussion ensued and it was decided to name the lane “Page’s Lane” and to number the houses in the development under discussion directly unto the lane.

5.1.3 On consideration it was

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

RESOLVED: that the lane be officially named “Page’s Lane” and that the housing development be number directly unto the lane.

5.1.4 It was also agreed that any further development would be numbered unto “Page’s Lane”.

6. ENTERTAINMENTS Submitted the following applications for LICENCES Entertainments Licences which were recommended for approval.

E. 3 O’Donovan Rossa GAC Castledawson Road, Magherafelt

E. 5 McKenna’s Bar 35 Main Street, Bellaghy

E. 7 Railway Tavern 12 High Street, Draperstown

E. 9 Regan’s Bar 19 Hall Street, Maghera

E. 15 Watty Graham’s Social Club Tirkane Road, Maghera

E. 16 Castledawson Presbyterian Church 61 Main Street, Castledawson

E. 20 The Hawthorne Inn 54 Kilrea Road, Portglenone

E. 21 Moyola Park Golf Club 15 Curran Road, Castledawson

E. 23 First Presbyterian Church Hall Meeting Street, Magherafelt

E. 28 Erin’s Own Lavey GAC 56 Quarry Road, Gulladuff

E. 30 The Market Inn 25 St Patrick’s Street, Draperstown

E. 34 Glen AOH Commjunity Hall 189 Glen Road, Maghera

E. 36 Cosy Corner Bar 68 Gulladuff Road, Magherafelt

E. 38 The Back Door Bar 33 Lower Main Street, Maghera

E. 40 Dorman’s Bar – The Opera 17 Queen Street, Magherafelt

E. 43 Downey’s Bar 26 Queen Street, Magherafelt

E. 44 Michael Davitts GAC 33 Garvagh Road, Swatragh

E. 48 Traad Ponds Golf Club 179 Shore Road, Ballyronan

E. 49 Walsh’s Hotel 53 Main Street, Maghera

E. 54 Gardiners 7 Garden Street, Magherafelt

E. 59 The Flax Inn 27 King Street, Magherafelt

E. 62 Magherafelt Masonic Hall Hospital Road, Magherafelt

E. 66 Atkinsons 62 Hillhead Road, Castledawson

E. 68 St Mary’s Parochial Hall Knocknagin Road, Desertmartin

E. 89 Maghera High School – Assembly Hall 30 Tobermore Road, Maghera

E. 90 St Colm’s High School 2 Magherafelt Road, Draperstown 7

E. 97 Mary’s Bar & Lounge 10-12 Market Square, Magherafelt

E.110 McKenna’s Bar 2 Glen Road, Maghera

E.116 Islandhill AOH Hall 189 Glen Road, Maghera

E.120 The Rafter’s Bar 2-4 Kilrea Road, Swatragh

E.134 Town and Country Inn 24-28 Union Road, Magherafelt

E.140 St Martin’s GAC 51 Longfield Road, Desertmartin

E.148 Rainey Old Boys’ Rugby Football Club Meadowbank Road, Magherafelt

6.1 On consideration it was

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

RESOLVED: that the applications as submitted be approved.

6.2 The following applications were submitted for Entertainments Licences pending conditions:

E. 4 The Shepherd’s Rest 220 Sixtowns Road, Draperstown

E. 6 The Hogan Stand 32 Moneyneany Road, Draperstown

E. 11 The Coachman Inn 58 Rainey Street, Magherafelt

E. 18 The Coachman Inn 58 Rainey Street, Magherafelt

E. 22 The Market Tavern 62 Rainey Street, Magherafelt

E. 56 McAllisters Bar and Lodge 76b Sixtowns Road, Draperstown

E.122 Cuezone 31 Rainey Street, Magherafelt

E.126 The Elk Bar 38-40 Hillhead Road, Castledawson

6.3 On consideration it was

PROPOSED by Councillor P E Groogan, Seconded by Councillor R A Montgomery, and

RESOLVED: that the applications as submitted pending conditions be approved.

7. STREET TRADING The following applications were submitted for LICENCES Street Trading Licences – Stationary Traders which were in order and recommended for approval:

ST 15 Mr Seamus Dillon 53 Craigadick Park, Maghera Car-park adjacent to Gulladuff Road, Magherafelt

ST 18 Mrs Belguis Begum 52 Castletown, Templepatrick Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 23 Mr Waleti Singh 163 Cavehill Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 26 Mr Zahid Gulzar 58 Knockmoyle Drive, Antrim Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 32 Mr William Megaw 323 Mountjoy Road, Stewartstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 36 Mr Isaac H Gary 40 Beechway, Cookstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 56 Mr Terry Corrigan 22 Lurgaboy Lane, Dungannon Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 69 Mr Gary Gurmet Sin 653 Antrim Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 86 Mr Shane Madden 10 Killybearn Lane, Cookstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 2 Mr James Evans 27 Ballyronan Road, Magherafelt Central Reservation, Market Square, Magherafelt

ST 3 Mr Thomas David Parks 12 Charlestown Villas, Derrytrasna, Lurgan Central Reservation, Market Square, Magherafelt

ST 5 Mr Isaac H Gray 40 Beechway, Cookstown Central Reservation, Market Square, Magherafelt

ST 9 Mr J K Kennedy 32 Strangford Road, Ardglass Central Reservation, Market Square, Magherafelt

ST 23 Mr Waleti Singh 163 Cavehill Road, Belfast Central Reservation, Market Square, Magherafelt

ST 41 Mr Donald Davidson Ballinahone House, 42 Hamiltonsbawn Road, Armagh Central Reservation, Market Square, Magherafelt

ST 93 Mr Thomas Winters 7 Oakland Avenue, Dungannon Central Reservation, Market Square, Magherafelt

ST 10 Ms Olive Isabel Burns 132 Glen Road, Maghera Lay-by at Glenshane Road, Maghera

ST 95 Mr James Armstrong 58 Drumbolg Road, Upperlands, Maghera Lay-by on Maghera side of Grillagh Bridge, Moneysharvin Road, Swatragh

ST 54 Mr Brendan Higgins 42 Inniscarn Road, Moneymore North-side of St Patrick’s Street, Draperstown

7.1 On consideration it was

PROPOSED by Councillor R A Montgomery Seconded by Councillor T J Catherwood, and

RESOLVED: that the applications as submitted for Stationary Trading be approved.

7.2 Submitted two Street Trading Licence applications - Mobile Traders which were in order and recommended for approval:-

M 1 Mr Gerry Lynn 9 Whitehill Drive, Randalstown All towns and villages in District

M 2 Mr Patrick McCullagh Lane View, Loughmacrory, Co Tyrone Magherafelt

7.3 On consideration it was

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

RESOLVED: that the applications as submitted for Mobile Trading be approved.

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

A2 J Burns, Burns Amusement Arcade, Draperstown

8.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor P E Groogan, and

RESOLVED: that the application as submitted be approved.

9. PLANNING SERVICE Consideration was given to the following MANAGEMENT BOARD submissions to be made to the Planning Service Management Board: 184/12/2003 9.1 H/2003/0202/O – Mr W Lamont: Councillor R A Montgomery requested that the submission for this application be deferred for a further month.

Noted.

9.2 H/2003/0004/O – Mr T E Ferguson: It was

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

RESOLVED: that a submission prepared by the applicant’s agent be forwarded to the Planning Service Management Board.

9.2.1 Councillor Rev McCrea read the following which was part of the substance of the report:

1. History of Application:

An Outline planning application was submitted to the Planning Service Ballymena under reference number H/2003/0004 on 7 January 2003. The application was recommended for refusal and a site meeting was held on 10 April 2003. The applicant, Mr T E Ferguson, Councillor Rev McCrea, the Planning Officer – Mrs J Bryson and the agent were present. The application was subsequently considered and again recommended for refusal, whereupon an office meeting was held with the Divisional Planning Manager, Mrs Helena O’Toole, in County Hall, Ballymena on 27 May 2003. Mr Ferguson, Councillor McCrea and the agent were again present.

It was again recommended to Magherafelt District Council for refusal. The Council again supported the application and asked that it be referred to the Planning Service Management Board.

2. Reasons for Refusal:

There were three reasons for refusal, namely,

• Lack of Integration • Tendency to Ribbon • Access Difficulties.

3. Description of the Area:

The Ballynagarve Road is approximately 5 kilometres long, it starts 0.25 kilometres north of the village of Ballyronan and leads north west where it meets the Aughrim Road at Aughrim Primary School (not in use). Referring to the enclosed map No.2 Scale 1:50000, the application is in keeping with the existing development pattern which comprises over 40 existing dwellings on both sides of the road of which most front the Ballynagarve Road.

Commencing at the application site travelling north west there is an existing one and half storey dwelling No.60 then a two storey dwelling No.62 next is a farm complex known as Ballynagarve House occupied by Mr David McClure with an existing bungalow adjacent to No.70. 360m further there is another farm complex No.76 with Outline Planning Approval for a dwelling in the adjacent field H/2001/0733 fronting Ballynagarve Road approved by the Management Board. Also current Outline application for a two storey dwelling 190m south east of 76 Ballynagarve Road, Planning Ref: H/2003/1218 (under consideration) 220m further on is a large two storey dwelling under construction also fronting the road constructed between Nos. 70 and 85 both of these dwellings disused. Survey was finished here.

Commencing at the application site travelling south east there has been a replacement bungalow with first floor rooms No.56 then at the junction of Orr Road a newly constructed bungalow fronting the road. 13

Further on is No.50 again a replacement bungalow. 300m further is a two storey dwelling newly constructed set back but in a field fronting the road. Survey was finished here.

As a consequence along this short portion of road surveyed 12 dwellings exist all but one front directly onto the Ballynagarve Road. Three of which were approved with less screening and integration as the site applied for.

4. Description of the Site:

The site of the dwelling (shown outlined in red) fronts onto the Ballynagarve Road. With a backdrop of mature trees and hedge to the rear and an existing hedge set back over 2m from the road edge, although low, it can be allowed to grow. A hedge also exists to the southern boundary it is sparse but gives the bones for it being reinforced with hawthorn quicks.

The site extends approximately 60m along the Ballynagarve Road and is approximately 40m deep with levels dropping down over a metre at the side of the road and rising to the rear of the site, the area being in the region of 0.24 hectares.

The Ballynagarve Road is level over the site frontage and for some distance in both directions.

The existing dwellings Nos. 62 and 60 screen the site approaching from the north west. From the south east the site is screened by the dwelling No. 56 and the existing hedge on the adjacent laneway.

5. First Reason for Refusal – Lack of Integration:

Mature hedges and trees exist to the rear of the site and the existing road frontage and southern boundary hedges are to be supplemented to improve screening. Additional planting can be carried out in the near future if the Planning Service required additional screening.

The third paragraph of DES 5, page 126 states “the capacity of different areas depends largely upon the landform, vegetation and the existing pattern of settlement”. The proposed site complies with the existing pattern of development of dwellings along the Ballynagarve Road. Furthermore, the proposed site is better integrated than some sites which have been approved in the recent past as indicated in photographs enclosed.

It would blend sympathetically with landform, use existing trees, buildings, slopes and other natural features to integrate it into the countryside and would not spoil any scenic aspect nor detract from the visual appearance of the countryside. It does not occupy a prominent, skyline or top of slope or ridge location.

Mr Ferguson has also applied for a bungalow in this application, as he is aware of the sympathetic siting of dwellings in the countryside and wants it integrated with the surroundings and not prominent as some two storey dwellings on the same road seem to have become. He confirms that if approval was granted, he would accept a condition that only one dwelling is erected within the site.

6. Tendency to Ribbon:

The proposed site is situated between Nos. 58 and 60 Ballynagarve Road with fields to either side. It does not extend the existing development line. The Department’s concerns are understood should a site be applied for in the future to the north or south of the proposed site should it be granted, but this would be up to the Department to police.

In referring to the fourth paragraph on Page 130 where it states “if the developer can produce a design solution to integrate the new dwelling into the landscape, permission can be granted.” I would suggest that a modest bungalow would integrate into this site.

The existing topography of the site and the surrounding hedges, and existing buildings would integrate and screen the proposed.

7. Access Difficulties:

The agent is at a loss with this reason for refusal. 2.4 x 60m visibility splays can be provided without interfering with the existing road frontage hedge. The road is straight and level for as far as the eye can see in each direction. He had no records of the Planning or Roads Services asking for increase visibility but if this is required he had no doubt that it can be achieved.

10. PLANNING SERVICE Submitted the Divisional Planning Service’s report dated 9 December 2003 (copy circulated to each 185/12/2003 Member). The following applications were taken into special consideration:-

10.1 New Applications:

H/2003/0762/F – Little Rainbow Playgroup Councillor J A McBride stated that the mobile had been there for a long time and asked the planning certificate of approval be speedily issued.

Councillor Rev Dr R T Wm McCrea agreed. He said that the contractors were ready to move. The law was not being broken by starting to build without the certificate but the “green form” made the applicant aware of any conditions attached to the approval.

The Planning Officer took note.

H/2003/0380/F – Miss M Stewart The Planning Officer advised that there had been three objections to this application. They were mainly regarding the use of the existing lane which passed two other dwellings, noise and disturbance, loss of vegetation and habitat, ownership and rights of way. The Planning Officer stated that the Environmental Heritage Service had been contacted regarding loss of habitat, the Environmental Health Department on noise and disruption and the matter of ownership was not a planning issue.

The Planning Officer commented that there was not an inordinate disruption as the dwellings were not exceptionally close.

Noted.

H/2003/0683/O – Pys Property Ltd The Planning Officer advised that twelve objections had been received. She explained that this application was for a single dwelling and was a much lesser scheme than the objectors had previously objected to, on a vacant site at Craigadick junction.

The Chairman, Councillor Miss K A Lagan stated that one dwelling would be acceptable provided that it was not unusually large.

Councillor J F Kerr agreed with the Chairman and asked that the local residents be made aware of the fact. He also referred to the steep bank and the implications for the foundations and over- development of the site.

The Chairman stated that these issues should be made conditions attached to the approval.

The Planning Officer agreed that the size of the development should be appropriate and the design in keeping with the existing houses in close proximity to the site.

Noted.

10.1.1 Councillor J A McBride commented that the number of applications for the current year had reached the 1,500 mark and there was still three months to go. This, he said, was significant when compared to the final figure for the previous year which was 1,150 applications.

In reply, the Planning Officer stated that there were a number of new applications coming into operation and there was a significant volume of work. She agreed that the present system was unsatisfactory and that there would be improvements by the end of the current year.

Noted.

10.2 Applications where the Opinion is Refusal:

H/2003/0724/F – Mr P Lennon Deferred. Councillor O T Hughes requested that the application be deferred for one month as the applicant was awaiting new drawings.

H/2003/0736/F – C Armstrong Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 10.15 a.m. Councillors Rev Dr R T Wm McCrea and T J Catherwood to attend.

H/2003/0515/O – Mr & Mrs M Ferris Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 11.45 a.m. Councillors S O’Brien and R A Montgomery to attend.

H/2003/0556/O – Mr P Hughes Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 2.30 p.m. Councillor P E Groogan to attend.

H/2003/0645/O – A Cuskeran Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 11.15 a.m. The Chairman, Councillor Miss K A Lagan, Councillors J A McBride, R A Montgomery and S O’Brien to attend.

H/2003/0662/O – Mr M Leadon Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 3.20 p.m. The Chairman, Councillor Miss K A Lagan to attend.

H/2003/0665/O – Mr J McGurk Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 2.00 p.m. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0668/O – Mr D McKeague Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 10.15 a.m. Councillors H E Mullan and J F Kerr to attend.

H/2003/0685/O – Mr P McKenna Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 2.00 p.m. Councillor R A Montgomery to attend.

H/2003/0689/O – M & J Developments Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 2.00 p.m. Councillor R A Montgomery to attend.

H/2003/0697/O – Mr S O’Neill Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 11.45 a.m. Councillor O T Hughes to attend.

H/2003/0700/O – Mr C McCarroll Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 12.15 p.m. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0705/O – Oliver & Anne O’Neill Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 12.15 p.m. Councillor J A McBride to attend.

H/2003/0714/O – Mr G Scullion Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 9.30 a.m. Councillor O T Hughes to attend.

H/2003/0721/O – Mrs K Bleaks Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 3.00 p.m. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0740/O – Mr D McAtamney Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 11.20 a.m. Councillors H E Mullan and J F Kerr to attend.

H/2003/0742/O – Mr V Conway Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 2.45 p.m. Councillor P E Groogan to attend.

H/2003/0749/O – Miss J Kelly Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 3.00 p.m. Councillors S O’Brien, R A Montgomery and J J McPeake to attend.

H/2003/0753/O – Mr J McCloy Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 10.45 a.m. Councillor O T Hughes to attend.

H/2003/0760/O – Mr H Leacock Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 3.30 p.m. Councillors G C Shiels and R A Montgomery to attend.

H/2003/0765/O – Mr G Gordon Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 9.45 a.m. Councillor J P O’Neill to attend.

H/2003/0766/O – Mr L McEldowney Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 11.55 a.m. The Chairman, Councillor Miss K A Lagan and Councillors H E Mullan and J F Kerr to attend.

H/2003/0770/O – S Donnelly Deferred. Site meeting to be arranged for Monday, 5 January 2004 at 10.45 a.m. Councillor J A McBride to attend.

H/2003/0779/O – Mr P McLaughlin Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 11.15 a.m. The Chairman, Councillor Miss K A Lagan and Councillor O T Hughes to attend.

H/2003/0802/O – Mr A Brooks Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 1.30 p.m. The Chairman, Councillor Miss K A Lagan to attend.

H/2003/0809/O – Mr O Young Deferred. Site meeting to be arranged for Wednesday, 17 December 2003 at 2.30 p.m. Councillor O T Hughes to attend.

H/2003/0815/O – Mr L Lagan Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 10.45 a.m. Councillors J F Kerr, H E Mullan and the Chairman, Councillor Miss K A Lagan to attend.

H/2003/0856/O – Mr D Drennan Deferred. Site meeting to be arranged for Tuesday, 16 December 2003 at 9.45 a.m. Councillors T J Catherwood and Rev Dr R T Wm McCrea to attend.

10.3 Applications Deferred from Previous Meeting:

H/2002/0805/F – F P McCann (Developments) Deferred for one month on the request if Councillor G C Shiels.

H/2002/1085/O – Mr S O’Loughlin Deferred. Councillors P H McErlean and H E Mullan requested an office meeting.

H/2003/0004/O – Mr T E Ferguson Deferred. Submission made to the Planning Service Management Board.

H/2003/0133/O – Mr N Wright Deferred on the request of Councillor Rev Dr R T Wm McCrea for a possible Management Board referral.

H/2003/0137/O – Planning Direct Ltd Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea for clarification.

H/2003/0156/O – Planning Direct Ltd Approval.

H/2003/0169/O – B Lagan Approval.

H/2003/0202/O – Mr W Lamont Deferred. Submission to be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday, 13 January 2004.

H/2003/0217/F – Mr J Downey Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea for additional information.

H/2003/0276/O – D Hepburn Deferred for a final month on the request of Councillor J A McBride.

H/2003/0295/O – Mr T Rainey Approval.

H/2003/0312/F – Mr P Toner Deferred for one month on the request of Councillor P E Groogan.

H/2003/0397/O – A Mullan Deferred. Councillor J P O’Neill requested an office meeting.

H/2003/0466/O – Mr C McCann Deferred. The Chairman, Councillor Miss K A Lagan and Councillor J A McBride requested an office meeting.

H/2003/0487/O – Mr J Morrison Deferred on the request of Councillor Rev Dr R T Wm McCrea for a possible Management Board referral.

H/2003/0501/O – Mr J McKeever Deferred for one month on the request of Councillor P H McErlean.

H/2003/0503/O – Mr J McKeever Approval.

H/2003/0524/O – Mr J Kelso Deferred. Councillor T J Catherwood referred to the second reason given for refusal – build-up and change of character. He said that Tirnageeragh Cottages had been there for years and the reason for refusal quoted was therefore unsustainable. Councillor R A Montgomery and Councillor Rev Dr R T Wm McCrea agreed with Councillor Catherwood. Councillor Rev Dr R T Wm McCrea said that further up the road there was originally one house and now there were five. This was a bad decision.

It was

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

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday, 13 January 2004.

H/2003/0588/O – Mrs M Higgins The Planning Officer stated that an office meeting with the Divisional Planning Manager had already been held. However she was not sure whether any Councillors were present or what was the outcome of the meeting and therefore requested that the application be deferred for one month.

H/2003/0652/O – Mr M Rea The Planning Officer advised that this application had been withdrawn earlier in the day.

H/2003/0657/O – P Duggan Deferred. The Planning Officer noted that an office meeting had to be arranged. Councillors S O’Brien and J J McPeake to attend. 22

H/2003/0659/O – Mr P McAllister Deferred for one month on the request of Councillor O T Hughes.

H/2003/0661/O – Mrs B McAllister Deferred. Councillor P H McErlean requested an office meeting.

H/2003/0746/O – J Blair Deferred for one month on the request of Councillor O T Hughes.

H/2003/0841/F – J O’Brien & Co Deferred on the request for Councillor J A McBride to allow for a revised plan to be submitted.

10.4 Applications Deferred from Previous Meeting and Still Under Consideration:

H/2002/0846/O – Mr P Watters Councillor Rev Dr R T Wm McCrea stated that this application had been held up to allow Environment and Heritage personnel to inspect the site. However, the EHS staff had delayed for so long that the site had been cleared in the intervening period and what they were originally planning to inspect had been removed. The Planning Officer replied that she was aware of this and had asked EHS to re-evaluate the site. Councillor Rev McCrea said that the EHS could still preserve a large area of property if they ever managed to get out to inspect it. He requested that the site be re-evaluated by the Planning Service.

Noted.

H/2002/1135/O – E O’Donnell The Planning Officer stated that Roads Service were considering whether it would be possible to obtain access on the other side of the new road and it was hoped that the matter could be resolved.

Noted.

H/2003/0345/O – A Diamond Councillor J P O’Neill enquired about the provision of sight splays.

In reply the Planning Officer stated that they were attempting to resolve the issue to the applicant’s advantage.

H/2003/0500/F - A McCullagh Councillor P E Groogan said that he had attended the site meeting when it had been agreed to a revised site.

The Planning Officer advised that there were difficulties. There had been correspondence from a solicitor regarding visibility splays and she requested the Councillor to advise the applicant to get in touch with the Planning Office.

The Planning Officer in reply to the Chairman, Councillor Miss K A Lagan confirmed that the issue was just concerning sightlines.

Councillor P E Groogan pointed out that application H/2003/0478/O – Mr K Doherty, for a dwelling at Seefin Hill, Fallylea, Maghera was missing from the schedule.

Noted.

H/2003/0512/F – Mr & Mrs McAuley In reply to a query from Councillor P E Groogan the Planning Officer said that there may be some scope for compromise.

H/2003/0553/O – Mr J Andrews Councillor R A Montgomery reminded the Planning Officer that a site meeting was to be arranged in connection with this application.

H/2003/0667/O – W White Councillor R A Montgomery enquired about a new date for a site meeting.

H/2003/0690/O – Mr J Dillon Councillors P H McErlean and J A McBride enquired about this application.

H/2003/0696/O – Mr A McCann Councillor J P O’Neill enquired if there was any further information regarding this application.

In reply, the Planning Officer stated that this application was still being considered by the Principal Officer.

The Chairman, Councillor Miss K A Lagan advised Members if they had any further queries regarding other applications then they should contact the Planning Officer.

10.5 Councillor J Junkin advised the Chairman that he found it exceedingly difficult to make contact with the Planning Service in Ballymena. He said that when he eventually was able to talk to the officer concerned the service provided was good. It was the issue of actually being able to speak to the officer concerned that was his problem. He asked if the situation could be remedied. This was a public body and there should be easy access to information and advice.

Councillor R A Montgomery agreed and requested direct line numbers for the Planning Officers that covered the Magherafelt District Council Area.

Councillor Rev Dr R T Wm McCrea said that he personally did not have any problems.

The Chairman requested that the Planning Service provide contact names and direct line numbers for Members to contact officers covering the Magherafelt District Council area.

10.6 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 9 December 2003, subject to the above conditions and amendments.

10.7 Submitted a letter from the Divisional Planning Manager advising that an appeal was lodged with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order (copy circulated to each Member).

The application was as follows:

Applicant: Maghera Presbyterian Church Location: Lands South of Mullagh Court, Maghera Proposal: Housing Development

Noted.

11. PLANNING APPEALS Submitted Bulletins prepared by the Planning COMMISSION Appeals Commission for the month of October 2003. 218/12/2003 11.1 The Chief Executive advised that the October Bulletin for the Magherafelt District Council was not yet available from the Planning Appeals Commission.

Noted.

12 ENVIRONMENTAL Mr Burrows submitted the report for November HEALTH DEPARTMENT 2003 (copy circulated to each Member). The following matters were taken into consideration:- 196/12/2003 12.1 Industrial Pollution Control (NI) 1997 Creagh Concrete Products, Blackpark Road Toomebridge Mr Burrows advised the Council that an extensive progress report had been prepared on Part C Process – The Use of Bulk Cement including the batching of ready mixed concrete and the manufacture of concrete products in accordance with Section 3.1 Paragraph (B) of Schedule 1, Part C (of SR 1998 No 28, as amended) for Creagh Concrete Products Ltd, 36 Blackpark Road, Toomebridge (copy circulated to each Member).

12.1.1 Mr Burrows explained that this report had been prepared for Magherafelt District Council in order to provide information with regard to:

• Legislative Provisions • Review of the terms of the “authorisation” • Requirement to and progress with respect to the “Upgrade” of the prescribed process and the timescale • Review of the progress with regard to interim improvements and corresponding timescales achieved by the operator in order to meet the level of air pollution control required.

Mr Burrows further pointed out that the “Upgrading Programme” was required to be submitted to the District Council.

12.1.2 Mr Burrows outlined the legislative provisions including the conditions of authorisations, formal processes available under the Industrial Pollution Control (NI) Order 1997 (The Order).

Mr Burrows further advised that a prescribed process designated for local air pollution control must not be operated without an authorisation issued by the District Council. The Council was required by the Order to include conditions in an authorisation which were designed to ensure the process was operated using the Best Available Techniques Not Entailing Excessive Costs (BATNEEC) to prevent or minimise emissions of prescribed substances and to render harmless any other substance which may be emitted.

12.1.3 Mr Burrows also outlined the review of the terms of the Authorisation. He said that an application had been received by the Council on 21 December 1999. An authorisation was granted to the operator by the Council on 1 April 2001 to carry on the process in accordance with the conditions to which it was subject. Mr Burrows outlined the terms of the authorisation.

12.1.4 Mr Burrows outlined the improvements implemented:

1. Implementation of a more detailed dust emissions inspection process in order to develop improved preventative and corrective actions to control dust from the site. 2. Speed restrictions in place. 3. Improved frequency of cleaning of spillages of raw materials. 4. Provision of a road sweeping device to improve cleaning of surfaces (twice weekly). 5. The cessation of scraping of surfaces when dry and enforcing the same. 6. Instruction and training to plant operatives and supervisors regarding the requirements of the conditions of the authorisation and designation of responsibility for plant areas by such personnel.

Mr Burrows added that the following items were soon to be implemented:

1. Revised housekeeping procedure to implement improvements to routine cleaning of the site. 2. Installation of an automatic water suppression system in the block yard area by December.

12.1.5 In addition to the methods of enforcement outlined in the report which Mr Burrows said were ongoing and which had achieved significant improvements in operational conditions and practices, the Council had discretionary power under Article 13 of the Industrial Pollution Control (NI) Order 1997 to serve an enforcement notice in the event of a breach of an authorisation condition. Should circumstances warrant it, this power remained available and would be used in a manner which was consistent with the provisions of the Enforcement Concordat, BATNEEC con- siderations and the collection of sufficient evidence.

12.1.6 Members’ Comments:

Councillor J F Kerr commented that the report was quite technical and sought clarification regarding the upgrading completion date of 1 January 2004.

In reply Mr Burrows said that the date was set in legislation for this type of premises that upgrading must be completed by 1 January 2004.

The Chairman, Councillor Miss K A Lagan enquired if the Council had to wait until 1 January for dust emission proceedings to start.

Councillor R A Montgomery stated that surely the Council’s Environmental Health Department should be monitoring so that the Council could be advised of the situation at its January meeting.

Mr Burrows advised that monitoring had been taking place from time to time during the past two years.

Councillor Rev Dr R T Wm McCrea enquired if the Council was only dealing with the dust emissions report.

Mr Burrows replied Yes.

Councillor Rev McCrea then said that if the date of 1 January 2004 was set by legislation then the date was not set by the Council and firms needed to know this. This was a major problem within the community and residents were suffering. The Council had to make the company aware that the Council had to fulfil its duty. He referred to the statement “Working together for last two years”. 28

Councillor P H McErlean referred to improvements implemented and said that possibly only four had been implemented and the company had fallen far short of what was required. Councillor McErlean asked Mr Burrows if he was seriously saying that nothing could be done before 1 January 2004 regarding dust.

In reply, Mr Burrows said that the Council could serve an Enforcement Notice, but this notice would have to give the company time to comply with the requirements.

Councillor McErlean wanted to know why the Notice could not be served immediately.

Mr Burrows explained that the enforcement process was ongoing.

Councillor McErlean commented that he hoped that the time limit was not endless.

Mr Burrows said that this was a technical issue and he could not say if the issue would be resolved in one month.

Councillor J F Kerr commented that the legislation put the duty on the company. He asked that if the Council served an Enforcement Notice would the process be any quicker.

Mr Burrows said that it might not be quicker due to possible appeals against any notice.

Councillor Rev Dr R T Wm McCrea said that if the authorisation was issued on 1 April 2001 and upgrading had to be completed by 1 January 2004 and major improvements were not completed by 9 December, with the Christmas holidays how were they going to be done by 1 January 2004? He felt that this could not be achieved. He felt the Council had been very flexible and was being criticised. He suggested that the firm should be advised that the improvements must be completed by 1 January 2004 or the Council was duty bound to enforce the company to comply. Councillor Rev McCrea said that otherwise the Council’s action could be considered as maladministration.

Councillor Kerr pointed out that the Council had been flexible in order to try to resolve the situation without going to Court. He further proposed that the Council comply with the date of 1 January 2004.

Councillor Rev Dr R T Wm McCrea suggested that the Council should decide that the Officer act on 1 January 2004 if the company did not comply.

Councillor Kerr suggested the Officer did not have to come back to Council before taking a decision.

Mr Burrows pointed out that the legislation was not specific enough with regard to dry scraping and after 1 January 1004 a Variation Notice would be served.

Councillor P McLean said that if the upgrading was not implemented then the officer should act immediately.

12.1.7 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P H McErlean, and

RESOLVED: if all the upgrading was not implemented by 1 January 2004 then the officer should act on behalf of the Council to apply the necessary process of enforcement.

12.2 Mr Burrows referred to the second issue regarding noise at Creagh Concrete Products Limited and reported the findings. He said that one section of the wall had been erected. Inspections took place on Thursday and Friday of the previous week and Monday, the day before the Council meeting. He reported that on Thursday no block making was taking place but the agricultural shed was operating 10% of the time and the noise levels were 58, 59 and 60dBA. On Friday the overall noise level was 56dBA. No block making was taking place and the agricultural shed was in operation. The readings were 58,59,60,61 and 62dBA. Mr Burrows said that Monday’s reading were invalid due to the weather conditions that day.

12.2.1 Mr Burrows advised that the overall noise level was 1dBA over the recommended level of 55dBA and recommended that an Abatement Notice be served on the company not to produce noise levels in excess of 55dBA.

12.2.2 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council adopt the recommendation of the Director of Environmental Health and that an Abatement Notice be served on Creagh Concrete Products Ltd not to produce noise levels in excess of 55dBA.

12.2.3 Councillor J Junkin stated that the dry scraping was still going on.

12.2.4 Councillor P McLean referred to the completion of one section of the wall and enquired how long it was

12.2.5 In reply, Mr Burrows said that it was 7 metres long.

12.2.6 Mr Burrows further said that if the Council served the Notice and the wall was completed and worked, then the company would have complied with the Notice. He advised that it took a minimum of three months to comply and the Council would be seen as being reasonable.

12.2.7 Councillor Rev Dr R T Wm McCrea considered this to be good faith considering the wall building episode. He said that the Council had been reasonable and had been involved for more than three months.

12.2.8 Councillor P McLean said that the Council had to fulfil its legal obligations.

12.2.9 It was

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

RESOLVED: that the report submitted be adopted.

12.3 Health and Safety at Work (NI) Order 1978 Mr Burrows advised that details of an accident which had occurred at a local builders merchant’s premises had been received by his department. The injured person was a three-year old child who had tripped on a wooden baton used to support panes of glass. The child fell against a piece of Georgian wired glass and sustained a laceration to her chin which required approximately 20 stitches.

12.3.1 An officer visited the premises and took a formal statement from the timber store manager who had witnessed the accident. The injured child’s mother was contacted and she gave her version of events but declined to make a statement to the officer.

12.3.2 Both recollections of the event confirmed that the mother had entered the retail store with the intention of purchasing varnish but had been directed to the timber store via an internal connecting door. The display stand for timber products was located adjacent to the glass cutting department and it was whilst in this area that the accident occurred.

12.3.3 Mr Burrows said that it was the investigating officer’s opinion that at the time of the accident the company had failed to comply with Article 5 of the Health and Safety at Work (NI) Order 1978 and had failed to assess the risks to customers entering the timber store as required by Regulation 3 (1) of the Management of Health and Safety at Work Regulations (NI) 2000.

12.3.4 Mr Burrows said that following the accident, the company had co-operated with the department by producing a safety policy and conducting risk assessments which had addressed the risks to customers. Control measures had now been put in place restricting customer access to all high risk activities.

12.3.5 The investigating officer believed that the accident could have been avoided if the company had responded to previous requests for risk assessment and given the seriousness of the offence, he recommended that providing the company admitted the offence, the Council should issue a formal caution.

12.3.6 On consideration it was

PROPOSED by Councillor J Junkin, Seconded by Councillor J A McBride, and

RESOLVED: that the Council adopt the recommendation of the Director of Environmental Health and issue a formal caution to the company provided it admitted the offence.

12.4 The Food Safety (NI) Order 1991 Mr Burrows advised that on 14 March 2003 a complaint was received relating to glass found in a chicken and mayonnaise sandwich prepared and sold within the Council area.

12.4.1 A visit was made to the premises concerned by an officer from the department and no breakages were noted at the time of visit and staff were not aware of any breakages which might have taken place. It was established that normal practice within the premises was the use of mayonnaise from large plastic catering tubs. On this occasion a 400g domestic product was removed for use. This was procured from the premises for further investigation.

12.4.2 The complaint item was taken to the Public Analyst for examination and he reported that

“The sample consisted of a glass fragment allegedly found in a chicken sandwich together with an intact jar of ‘Real Mayonnaise’.

The glass fragment was irregular in overall shape measuring about 21.2 to 7.8 millimetres in extent and up to 2.8 millimetres in thickness. It weighed 0.345 grams.

Parts of the glass fragments surface were moulded and included an area which had a slightly raised regular pattern. Similar areas existed on the base of the intact jar of mayonnaise also received. Chemical analysis of the glass of the fragment and glass obtained from the mayonnaise jar gave closely similar values for the iron and magnesium content. The fragment containing 0.03% w/w iron, as Fe and 0.25% w/w magnesium as Mg. Glass from the jar contained 0.04% w/w iron, as Fe and 0.26% magnesium as Mg.

The surface features of the glass and its analysis were consistent with it having arisen from the breakage of a similar jar to that containing the ‘Real Mayonnaise’.”

12.4.3 Mr Burrows said that the Head Office of the product was notified of the complaint and an investigation conducted by the Quality Manager. From the information obtained from the intact jar, the source of this product was from the company’s Old Paisley site in Scotland, prior to its closure in November 2002. Consequently, contact was made with the Council in whose area the product was manufactured.

12.4.4 Mr Burrows stated that given the fact that the factory was now closed, the home authority and Head Office were somewhat limited in the depth of investigation, apart from describing the procedures that were in place at the time of production. Overall, the home authority was satisfied with the precautions taken by the company to prevent glass contamination and the company appeared to take their food safety responsibility seriously.

12.4.5 On consideration of the results of this investigation it had not be possible to prove beyond reasonable doubt the source of the complaint and therefore no formal enforcement action would be taken on this occasion. Mr Burrows said that the outcome of this complaint would be brought to the proprietor’s attention and recommendations made to prevent similar complaints arising in the future.

12.4.6 Mr Burrows recommended that the Council approve the actions taken by the officer in the investigation of the complaint.

12.4.7 On consideration it was

PROPOSED by Councillor J Junkin, Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council approve the actions taken by the officer in the investigation of the complaint.

12.5 Draft Environmental Health SARS Response Plan Mr Burrows explained that Severe Acute Respiratory Syndrome (SARS) is a viral respiratory illness that was first reported in Asia in February 2003. Over 8400 people world wide had been infected with SARS by July 2003, resulting in over 900 deaths. The World Health Organisation announced the containment of SARS in July, however it was possible that the SARS virus could re-emerge as it was considered to be seasonal.

12.5.1 The emergence of SARS had necessitated the development of an integrated response from the Department of Health, Social Services and Public Safety in Northern Ireland to any possible outbreak. Mr Burrows said that the DHSSPS Plan did however refer to the involvement of District Council Environmental Health staff in investigation and control measures where the level of SARS activity was classified as extensive community transmission. In such an event the role of the District Council Environmental Health staff needed to be explored, with prior preparation undertaken to bring them up to an “initial level of preparedness” so that they could fulfil their role. Mr Burrows referred to the Draft Environmental Health SARS Response Plan and how is should be arranged as set out in his report.

12.5.2 Mr Burrows recommended that the Council consider adopting the Environmental Health SARS Response Plan as part of its Emergency Planning Strategy for the District subject to the relevant staff being properly authorised, indemnified and trained.

12.5.3 On consideration it was

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

RESOLVED: that the Council consider adopting the Environmental Health SARS Response Plan as part of its Emergency Planning Strategy for the District subject to the relevant staff being properly authorised, indemnified and trained.

12.6 Food Safety (General Food Hygiene) (Amendment) Regulations (NI) 2001 Mr Burrows advised that these Regulations required all butchers’ shops and other premises selling unwrapped raw meat and ready to eat food to the final consumer to be licensed. 35

12.6.1 Mr Burrows stated that the following conditions had to be met before a licence could be issued.

• Compliance with existing food hygiene legislation • A documented Hazard Analysis and Critical Control point (HACCP) system • Enhanced food hygiene training for staff.

12.6.2 During the report period two applications had been received by the department.

The premises had been inspected and assessed by officers of the department and it was recommended that licences be issued to:

R Crawford & Co., 18-22 Main Street, Maghera Supervalu, 24 Ballyronan Road, Magherafelt.

12.6.3 On consideration it was

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

RESOLVED: to adopt the recommendation of the Director of Environmental Health and issue licences to R Crawford & Co., 18-22 Main Street, Maghera and Supervalu, 24 Ballyronan Road, Magherafelt.

12.7 The Hairdressers Act (NI) 1939 Mr Burrows advised that an application had been received from Mrs Kay Magee, 6 Main Street, Maghera to have her premises registered for the trade or business of barber or hairdresser. An inspection of the premises revealed that they complied with the requirements of the Council’s Bye-laws in relation to hairdressers and he therefore recommended that they be duly registered.

12.7.1 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor S O’Brien, and

RESOLVED: that the premises of Mrs Kay Magee at 6 Main Street, Maghera be registered fro the trade or business of barber or hairdresser.

12.8 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983 It was

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

RESOLVED: that the following persons names be retained in the Register of Persons entitled to sell poisons as listed in the schedule to the Poisons List Confirmation Order (NI) 1983:-

R Crawford & Co., 18-22 Main Street, Maghera A Scott & Son Ltd., 2 Main Street, Maghera Dunnes Stores, Meadowlane Shopping Centre, Magherafelt Toners Supermarket, Diamond Shopping Centre Market Street, Magherafelt Toners Supermarket, 21 Main Street, Castledawson Toners Supermarket, 24-28 High Street, Draperstown Supervalu, 16 Coleraine Road, Maghera

12.9 It was

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

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

13. CONSULTATION - Submitted a response by the Local Government CONTROL OF Partnership to the Consultation Paper and Equality UNAUTHORISED Impact Assessment to the Proposal by the ENCAMPMENTS Department of Social Development for the Control of Unauthorised Encampments (copy circulated to 116/12/2002 each Member).

13.1 Mr Burrows said that the Partnership commended the Minister’s decision to proceed with the exercise to seek a resolution of one of the most enduring and sensitive issues concerning local Councils and indeed the public at large. The Partnership recommended that the Department urges the Northern Ireland Housing Executive to proceed with all due diligence in providing an appropriate network of halting/serviced sites to meet the needs of those who wished to exercise their right to a nomadic way of life.

13.1.1 Mr Burrows said that the question of the control of unauthorised encampments still remained, and in the view of the Partnership, was inextricably linked to the adequate provision, throughout Northern Ireland, of transit accommodation for those Travellers wishing to exercise their right to a nomadic way of life. It was suggested that the root of such problem lies, not necessarily with the indigenous Travellers who normally resorted to Northern Ireland, but with the regular influx of Traveller Traders as identified in Part 2 of the Consultation Document.

13.1.2 Mr Burrows also drew attention to the formal responses made to the questionnaire in the report.

13.1.3 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council support The Local Government Partnership’s response to the Consultation Paper.

13.2 Councillor J A McBride referred to problems of noise and fumes coming from the South Derry Coachworks premises at Toomebridge He had visited residents of a nearby house and had experienced their problem.

13.2.1 Mr Burrows advised that premises were now subject to IPC legislation. Consultants were not finalising a report to be submitted for IPC authorisation and the abatement would be addressed. Regarding noise, Mr Burrows said that an officer, Mr Beattie was monitoring the period 7.00 am to dark but early mornings could not be dealt with at present as no noise could be confirmed until springtime.

Noted.

14. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of November 2003 (copy DEPARTMENT circulated to each Member).

322/12/2003 Development Services:

14.1 Department of Social Development Community Support Plan Mr Johnston reminded Members that some months ago the Council was asked to produce a Community Support Plan for the Voluntary Support Unit of the Department of Social Development. He said the plan was completed and submitted to the Department for their approval in November 2002. After some time they had been advised that all the Councils’ plans need further adjustments. A number of Councils had expressed concerns and indicated that the employment of Consultants to address the issues would be an additional financial burden on Councils. They were advised that the DSD would consider funding the extra work to complete the plans, but to date no financial commitment had been confirmed.

14.1.1 In the circumstances, Mr Johnston recommended that the Council wait until the Department clarified the extra funding, however, he added that all Councils had been requested to complete their work by the end of March 2004.

14.1.2 On consideration it was

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

RESOLVED: that a letter be written on behalf of the Council expressing the Council’s dismay that the Councils’ Community Support Plans were unacceptable and that there had been no confirmation of any financial commitment by the Department of Social Development to cover the extra work required by the Department to carry out the requested necessary amendments.

14.2 Magherafelt Arts Trust Mr Johnston confirmed that the Magherafelt Arts Trust in partnership with Magherafelt and Cookstown Lions Club would be holding an evening of Christmas Carols at the Bridewell on Friday, 19 December 2003 commencing at 7.00 pm. Noted.

14.3 Sperrins Tourism Limited Mr Johnston reported that the Annual General Meeting of Sperrins Tourism Limited had been held on Thursday, 4 December 2003 in the Folk Park, Omagh. The new Chairperson was Mrs Mary Gain from the private sector.

Noted.

14.3.1 Cycling Sub-Measures Mr Johnston referred to Page 2 of his report and to the third paragraph of the e-mail received from the NRRTI Project Officer on 1 December 2003. He said that a meeting had been held between representatives of the Sperrins Local Authorities and Sustrans and it had been decided that rather then the money allocated to the long distance cycling route it would be redistributed amongst a series of short distance cycle routes (about 15-30 miles) with the aim of developing 10 routes with maximum funding of £15,000 each (75% funding level) to each Council.

14.3.2 On consideration it was

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

RESOLVED: to support the development of short distance cycle routes with the aim of developing 10 routes throughout the Sperrins area, with maximum funding of £15,000 for each (75% funding level).

14.3.3 The matter of insurance of a cycle route was raised.

14.3.4 In reply, Mr Johnston said that firstly the Council did not have to develop a cycle route. This would be a matter for the Council to decide. If the Council so decided it would have to provide the matching funding and be responsible for insurance etc.

Community Relations:

14.4 Switch-on of Christmas Lights Mr Johnston stated that the Magherafelt event had taken place on Friday 28 November.

14.4.1 Councillor P McLean referred to comments made regarding the festive lighting in Magherafelt on the George Jones radio show.

14.4.2 Councillors R A Montgomery and Rev Dr R T Wm McCrea congratulated the officers and staff on the work carried out in decorating Magherafelt for the Christmas season.

14.5 Magherafelt/Maghera CCTV Committee Mr Johnston advised that it had requested that at least one elected Member be nominated to serve on this committee. The committee held approximately one meeting per month.

14.5.1 On consideration it was

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

RESOLVED: that the Chairman, Councillor Miss K A Lagan and Councillor R A Montgomery both be elected to serve on the Magherafelt/Maghera CCTV Committee.

14.5.2 Mr Johnston said that at the October meeting three completed tenders had been received for the installation of five CCTV cameras in Maghera and the monitoring of all CCTV cameras in both Magherafelt and Maghera. Tenders were received from:

1. Focus Security Solutions, Midland Building, Whitla Street, Belfast 2. B & E Security Systems, 10 Oaklands Avenue, Portrush 3. H.E.A. Unit 2 Moyola Industrial Estate, Castledawson.

Mr Johnston said that at a CCTV meeting held in the Bridewell, Magherafelt on Monday 17 November 2003 the tender had been awarded to H.E.A., Castledawson.

The Chief Executive added that the target date was March/April 2004.

Noted.

Leisure Services:

14.6 Mr Johnston reported that November had been a good month for Leisure Services with increases of 26% compared with the same month in the previous year leisure centres and associated facilities.

Noted.

14.7 Mr Johnston advised that it had been Council policy that Council pitches could only be booked for organised matches and that training on these pitches was strictly forbidden. In order to facilitate a number of Sports Development Programmes coaching sessions which were considered part of recognised programmes, it was proposed that these activities be permitted on Council pitches, provided that the pitch and weather conditions were favourable and unlikely to cause long-term damage to the pitch.

14.7.1 On consideration it was

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

RESOLVED: that Council pitches could be booked for Sports Development coaching sessions provided that the pitch and weather conditions were favourable and unlikely to cause long-term damage to the pitch.

14.8 Mr Johnston said that the current service provided by the Physiotherapist/Sports Injury Clinic had been reviewed in conjunction with the space now available in the sunbed area (following the removal of the sunbeds). It was felt that moving the Clinic to the sunbed area would greatly enhance the quality of service. The following was suggested:-

• It would greatly improve accessibility of the clinic as the sunbed areas was on the ground floor and would alleviate the problems of helping disabled and older patients get to the clinic. • Patient’s privacy and confidentiality would be improved by providing a private waiting area well away from the public scrutiny of the fitness suite. 42

• The general ambiance of the clinic would be enhanced due to the reduction in background noise. There would be no mtv/music channel playing in the background. • The sunbed area would provide the physiotherapist with much needed storage space and an additional room. This should increase the number of patients that could be treated and help reduce the current backlog of appointments.

Mr Johnston said that the sunbed area would require some minor modifications to accommodate the clinic. It would, however, improve the quality of service available at the centre and review well in terms of equality.

14.8.1 On consideration it was

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

RESOLVED: to adopt the recommendations and move the Physiotherapist/Sports Injury Clinic to the sunbed area at the Greenvale Leisure Centre.

14.9 Mr Johnston reported that Maghera Leisure Centre had won an award from the William Keown Trust recognising the centre’s contribution to an accessible user friendly environment. He said this was particularly important as 2003 was the European Year of People with Disabilities and the introduction of Part III of the Disability Act 1995.

14.9.1 Mr Johnston further reported that The Bridewell, Magherafelt had also won a similar award.

14.9.2 Councillor Rev Dr R T Wm McCrea said that the Council should be proud of the fact that two of the Council’s buildings had received awards. He congratulated all concerned.

14.9.3 Councillor P McLean referred to the slides at the Greenvale Leisure Centre and asked that something would be done with them. They were in poor condition, cold, dripping, green glit, etc.

14.9.4 The Chief Executive stated that Mr Glendinning had been giving the matter some consideration. 43

14.9.5 Mr Glendinning, Director of Building Control, stated that the glit came from the condensation. He said that work to install new ducting for the pool area heating system would commence within the next few weeks. The ducting would direct heat into the slide tower itself and hopefully this would resolve the problems.

14.10 Tobermore Golf Driving Range Mr Johnston pointed out that the new distance markers had arrived at the Driving Range and it was hoped that they would be installed in the near future.

Noted.

Technical Services:

14.11 Vandalism Mr Johnston reported on the number of acts of vandalism, maintenance, unofficial dumping and bulky household collection, which had been carried out in the District.

14.12 Flowerbeds Mr Johnston stated that he had received a request from Macmillan Cancer Relief for the Council to support their organisation by planting an appropriate flowerbed at the Moneymore Road, Magherafelt. He recommended that in 2004 the Council should support the Macmillan Cancer Relief by planting a flowerbed of their design at the Council’s site on Moneymore Road.

14.12.1 On consideration it was

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

RESOLVED: that that in 2004 the Council should support the Macmillan Cancer Relief by planting a flowerbed of their design at the Council’s site on Moneymore Road.

14.13 Waste Management Mr Johnston referred to the report under “Replacement Blue Wheel-Bins” and advised that the department was concerned about the level of replacement bins having to be issued to householders.

This was due to bins being lost, stolen or burned and the fact that householders who moved house took the blue bin with them to their new home even though there may already be a blue bin at this property.

He advised that all existing properties throughout the District should have now received a blue bin free of charge and therefore there should be a cut- off date for the issue of free bins. The officers felt that it was now appropriate for the Council to reflect its policy on black bins and charge for replacement blue bins and for blue bins delivered to new properties. The cut-off date could be either 1 January 2004, the start of the new year, or 1 April 2004, the start of the financial year.

A number of Councillors expressed concerns that householders would have to buy a number of wheel-bins when moving to or acquiring new property.

Mr Johnston advised that people moving house would already have purchased or owned their existing bins and would take these bins with them to their new home. The people moving into their old house would bring their bins with them and so on. It could be the third or fourth householder in this cycle that could be left without bins. In his opinion it would be impossible to police this situation in a satisfactory manner. The policy on black bins was now accepted and he believed the blue bins should reflect this policy.

Councillor J F Kerr stated that he believed that 1 January 2004 was too early to implement the policy. The public would require time to adjust to this proposal and therefore he felt that 1 April 2004 was a more suitable date.

It was

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

RESOLVED; that from 1 April 2004 a charge would be made for all replacement blue bins and blue bins issued to new properties, in line with the Council’s existing policy on replacement or new black bins.

14.13 Alcohol Free Zones Mr Johnston advised the Members that following correspondence from the PSNI which stated that in their opinion there was recognised problems concerning the uncontrolled consumption of alcohol in the streets and roads contained in the schedule approved by Council at its meeting in October 2003, and in order to progress this matter he had written to the Department of Rural Development (as landowner of the properties) seeking its permission to designate these areas as Alcohol Free Zones. Mr Johnston advised that he had enclosed their letter of response, as Appendix 2 to his report. In this response they had highlighted a number of streets and roads that were not adopted by the Department and therefore were not perceived to be in their ownership. They had however, given permission for the Council to designate all other streets/roads contained in the schedule.

Councillor R A Montgomery then enquired if the Council had to seeking permission from developers for those roads/streets not in the Department’s ownership.

Mr Johnston advised that it was possible to seek permission from all the individual landowners, building contractors, etc. for permission to designate each area or site but it would be a time consuming exercise. It would certainly cause a major delay in designating the majority of streets, roads, etc. presently approved by the Department.

Councillor Rev Dr R T Wm McCrea pointed out that a few of the streets, roads and car-parks contained in the schedule were owned by the Council and it would be necessary for the Council to given their permission to designate these areas.

It was

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

RESOLVED: (a) That the Council give permission to designate (introduce bye-laws making it an offence to consume intoxicating liquor) all streets, roads and car-parks contained in the schedule and owned by the Council.

(b) That having received a letter of support from the PSNI and permission from the relevant landowners, the Council would now introduce bye- laws making it an offence to consume intoxicating liquor in the areas contained in the revised schedule.

14.14 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P E Groogan, and

RESOLVED: that the report as submitted be adopted.

15. NEW MARRIAGE Consideration was given to the implications of the LEGISLATION of The Marriage (Regulations) 2003.

163/12/2003 15.1 Mr Tohill in presenting his report (copy circulated to each Member) said that he had previously advised the Council at the August meeting that The Marriage (Northern Ireland) Order 2003 would come into effect on 1 January 2004.

15.2 Mr Tohill pointed out that the one significant change introduced by the new legislation was that civil marriages may be solomnised at any approved location.

15.3 In order to accommodate the new arrangements the Council would have to take a number of decisions:

• Establish an appropriate system to process applications for the approval (and renewal of approvals) or places at which civil marriages may be solomnised. • Establish an appropriate system to process applications to hold a civil marriage ceremony in an approved place • Set fees to recover the full cost of the approval process • Set fees to recover the full cost of the attendance of Registrars at approved places • Consider the appropriateness of charging a fee for the hire of the marriage room (when used) where the ceremony is performed in the Registrar’s Office • Determine the days and times on which civil marriages may be solomnised. 47

15.4 Mr Tohill suggested that the system to process applications for approval and renewal of approvals should be similar to the one used by the Council for Entertainment Licences whereby renewals were required annually.

15.5 He further recommended to the council that the Council recover the full cost of the approval process by charging non-refundable applications and renewal fees of £400, subject to the proviso that if consultees levied fees, such fees would be added to the application and/or renewal fees.

15.6 Councillor Rev Dr R T Wm McCrea declared an interest as a Minister of Religion.

15.7 With regard to the setting of fees to recover the full cost of the attendance of Registrars at approved places, Mr Tohill said that the scale of fees established should have regard to the fees delineated in the Births, Deaths and Marriages (Fees) Order 2003. The Council had no discretion in the setting of fees for marriage ceremonies in the Registrar’s office except in so far as they related to Marriage Room costs or the cost of opening the building, if applicable. Mr Tohill explained that £30 had been calculated as an appropriate fee for opening the building. He further explained that the Registrar General expected the Council to levy an economic rate for the hire of the Marriage Room. A fixed room hire fee of £30 (subject to annual price increases) was recommended to the Council. Mr Tohill outlined the fees for marriage ceremonies in the Registrar’s Office as follows:-

Monday – Friday 9.00 am – 5.00 pm Notice of Marriage 2 times £15 £30 Solomnisation of Civil Marriage £20 Certified Copy of Marriage Registration (if obtained at time of Registration) £5

TOTAL £55 Plus £30 (for hire of Marriage Room if applicable)

Monday – Friday 5.00 – 8.00 pm Notice of Marriage 2 times £15 £30 Solomnisation of Civil Marriage £20 Attendance by Registrar at Office £73 Certified Copy of Marriage Registration (if obtained at time of Registration) £5

TOTAL £128 Plus £30 (for hire of Marriage Room, if applicable) Plus £30 for opening office

Saturday 9.00 am to 5.00 pm Notice of Marriage 2 times £15 £30 Solomnisation of Civil Marriage £20 Attendance by Registrar at Office £73 Certified Copy of Marriage Registration (if obtained at time of Registration) £5

TOTAL £128 plus £30 (for hire of Marriage Room, if applicable) Plus £30 for opening office

Sundays, Bank Holidays and all other times Notice of Marriage 2 times £15 £30 Solomnisation of Civil Marriage £20 Attendance by Registrar at Office £106 Certified Copy of Marriage Registration (if obtained at time of Registration) £5

TOTAL £161 plus £30 (for hire of Marriage Room, if applicable) Plus £30 for opening office

15.8 Mr Tohill further explained that the Council had to set a scale of charges for the Registrar’s attendance at an approved place. He recommended that the Council charge the following amounts (subject to annual price increases):

Monday – Friday 9.00 am to 4.00 pm Total cost £100 (increase of £45 over cost excluding room hire and office opening costs, if appropriate of marriage in Registrar’s Office)

Monday – Friday 4.00 – 8.00 pm Total cost excluding room hire £175 (increase of £47 over cost excluding room hire and office opening costs, if appropriate of marriage in Registrar’s Office)

Saturday – 9.00 am – 5.00 pm Total cost excluding room hire £175 (increase of £47 over cost excluding room hire and office opening costs, if appropriate of marriage in Registrar’s Office)

Sundays, Bank Holidays and all other times Total cost excluding room hire £210 (increase of £49 over cost excluding room hire and office opening costs, if appropriate of marriage in Registrar’s Office)

15.9 Mr Tohill explained that the current legislation determining the days and times on which civil marriages may be solomnised prescribed the hours of 8.00 am to 6.00 pm, Monday to Saturday and no marriages on Sundays. Currently the Council only encouraged bookings of marriages on Mondays to Fridays 9.00 am to 4.00 pm and on Saturdays and Bank Holidays from 9.00 am to 2.00 pm. He said that the new legislation was silent on the issue of days and times and thereby implied that there were no restrictions on either days or times. Consequently, he said, the Council would have to decide whether to move from its existing practice.

15.10 Mr Tohill said that in so far as there had been no requests to date for marriages outside the current times it was impossible to guage the potential level of demand for marriage ceremonies outside the existing days and times.

15.11 It was therefore recommended that the Council retain its existing policy until 31 March 2005 and in the meantime, the Council would monitor the level of demand for marriage ceremonies outside the existing days and times to establish whether a change would be required post 31 March 2005.

15.12 In reply to a query from Councillor Rev McCrea, Mr Tohill confirmed that the approval and renewal fees only applied to civil ceremonies. Approval and renewal fees would be paid by the person seeking the approval/renewal, for example, a hotel proprietor. The fees for Marriage Ceremonies either in the Registrar’s Office or at an approved place, including Registrar Attendance Fees, where appropriate, would be payable by the parties to the marriage.

15.13 On consideration it was

PROPOSED by Councillor P McLean, Seconded by Councillor R A Montgomery, and

RESOLVED: to adopt the recommendations of the officers as set out in Mr Tohill’s report and to confirm that the Council’s existing policy of not solemnising ceremonies either on Sundays, or after 2.00 pm on Saturdays and Bank Holidays be retained until 31 March 2005, at which point the dates and times could be reassessed.

16. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of December 2003 (copy circulated to each Member). 12/2003

16.1 The schedule provided for £509,004.51 out of the Revenue Account and £314,770.76 out of the Capital Account.

16.2 It was

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

RESOLVED: that the Statement of Accounts as submitted for December be approved.

17. ECONOMIC Consideration was given to the following two DEVELOPMENT requests from Magherafelt Area Partnership, Local Economic Development Programme. 47/12/2003

17.1 Technical Revisions to LED Letters of Offer: The Chief Executive explained that the Director of Finance and Administration, on inspecting a number of letters of offer, had noted that in some instances, projects under the Local Economic Development Programme had been implemented slightly differently from the original proposal ratified by the Council. He gave examples of project start/completion dates, project expenditure headings and budget allocations within projects having been varied without explicit recourse to the Council. The Chief Executive stated that even minor variations from the terms of letters of offer could technically concern the Auditor and any such changes in conditions should be appropriately approved and authorised.

17.1.1 The Chief Executive explained that such changes were necessary to expedite the efficient management of the LED budget. He therefore recommended that authorisation to amend LED Letters of Offer be delegated to the Chief Executive and Chairman or Vice-Chairman of the Council in those circumstances where the total project budget requested from the Council remained unchanged and the project outputs remained significantly unchanged.

17.1.2 Any proposed changes to the amount awarded by the Council would be brought back to Council for authorisation.

17.1.3 On consideration it was

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

RESOLVED: to adopt the recommendation that authorisation to amend LED Letters of Offer be delegated to the Chief Executive and Chairman or Vice-Chairman of the Council where the total project budget requested from the Council remained unchanged and the project outputs remained significantly unchanged. Any change to the amount awarded by the Council must be brought back to Council for authorisation.

925/12/2003 17.2 Appointment of Members to Steering Groups for Magherafelt and Maghera Towns: The Chief Executive referred to the conference held at The Elk, Toomebridge on Community Services and the subsequent allocation of £31,900 to Magherafelt Area Partnership to produce development plans for Magherafelt and Maghera Towns. Draft Plans had been produced and Steering Groups had been set up. There were five themes in each plan. The process had been very successful with thirty-four project suggestions made for Maghera Town alone. It had been suggested that along with volunteers, two Councillors would be nominated to serve on these Steering Groups to help the Council and Magherafelt Area Partnership to implement the plans over the next twelve months. The Chief Executive explained that there would probably be one meeting every two months.

17.2.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by the Chairman, Councillor Miss K A Lagan

That Councillor G C Shiels be appointed to serve on the Steering Group for Magherafelt Town.

It was

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

That Councillor Rev Dr R T Wm McCrea be appointed to serve on the Steering Group for Magherafelt Town.

It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor S O’Brien

That Councillor J J McPeake be appointed to serve on the Steering Group for Magherafelt Town.

17.2.2 It was

PROPOSED by Councillor S O’Brien, Seconded by Councillor J P O’Neill

That Councillor J F Kerr be appointed to serve on the Steering Group for Maghera Town.

It was

PROPOSED by Councillor G C Shiels, Seconded by the Chairman, Councillor Miss K A Lagan

That Councillor R A Montgomery be appointed to serve on the Steering Group for Maghera Town.

It was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea

That the Chairman, Councillor Miss K A Lagan be appointed to serve on the Steering Group for Maghera Town.

It was further agreed that three Members should serve on each Steering Group as proposed and not two as suggested.

On the suggestion of Councillor Rev Dr R T Wm McCrea, it was agreed that all Councillors would receive copies of all documentation supplied to the Steering Groups.

18. FINANCIAL Submitted the following letters of request for CONTRIBUTIONS financial contributions:

56/12/2003 18.1 Northern Ireland Association for Mental Health: Submitted a letter from the Centre Manager, Market Street Beacon Centre, Magherafelt dated 18 November 2003 seeking financial assistance to help with the provision of services for people in the Magherafelt area with mental health needs (copy circulated to each Member).

18.1.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by the Chairman, Councillor Miss K A Lagan, and

RESOLVED: that the Council make a contribution of £1,000.

18.2 Animal Welfare Federation Northern Ireland: Submitted letter from the Chairman, Animal Welfare Federation Northern Ireland received on 27 November 2003 (copy circulated to each Member).

18.2.1 On consideration it was agreed that this letter was requesting information regarding the duties of the Council’s Dog Warden and that the contents of the letter be noted.

19. COUNCILLORS’ Submitted details of Councillors’ Allowances as ALLOWANCES as determined by the Department of the Environment, Local Government Division.

19.1 Mr Tohill informed the Members that the maximum amount of basic allowance payable had been increased to £4,223 per Councillor per annum. In keeping with the normal practice of adopting the maximum amount payable, each Member would receive an additional £10.25 per month from 1 April 2003.

Noted.

20. CONFERENCES AND Consideration was given to the nomination of AND COURSES of delegates to attend:

268/12/2003 20.1 Breaking the Barriers: Conference organised to mark the European Year of People with Disabilities to be held in the City Hall, Belfast on 4/5 February 2004. The conference fee is £195 plus VAT, dinner is £40 plus VAT per person and accommodation in the Europa Hotel is £70 (Bed and Breakfast) single; £90 twin/double (details circulated to each Member).

20.1.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J A McBride

That the Chairman, Councillor Miss K A Lagan attends.

20.1.2 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor S O’Brien

That Councillor J P O’Neill attends the conference.

There being no further nominations, the Chairman declared that she and Councillor J P O’Neill attend the two day conference “Breaking the Barriers” in the City Hall, Belfast.

21. THE SOMME Submitted a letter dated 6 November 2003 from ASSOCIATION the General Manager, The Somme Association, inviting the Council to nominate a Member to 726/12/2003 attend a dinner to be held on Friday 20 February 2004 to commemorate the beginning of the First World War. The cost of the dinner is £30 per person (details circulated to each Member).

21.1 On consideration it was

PROPOSED by Councillor J Junkin, Seconded by Councillor R A Montgomery, and

RESOLVED: that Councillor G C Shiels attends the dinner organised by The Somme Association on Friday 20 February, 2004 to be held in the Somme Heritage Centre, Newtownards.

22. CONSULTATION Submitted a Political Advertising consultation DOCUMENT document prepared by The Electoral Commission inviting comments by Friday, 9 January 2004 195/12/2003 (summary circulated to each Member).

22.1 It was resolved that if any Member or any Party Grouping wished to comment they should submit their views to the Chief Executive who would then pass them on to the appropriate body.

23. ROADS SERVICE Submitted the following for consideration:

279/12/2003 23.1 Progress Report on the current year’s Local Transport and Safety Measures programme and Roads Service’s proposals for the financial year 2004-2006 (copy circulated to each Member).

23.2 Letter and Draft copy of the Traffic Weight Restriction Order (NI) 2003 seeking the Council’s comments not later than 15 December 2003 (copy circulated to each Member).

23.3 Letter, copy of a draft Route A29 Moneysharvin Road, Magherafelt (Abandonment) Order (Northern Ireland) 2003 and Statutory Notice (copies circulated to each Member).

23.4 Letter and details in connection with the new proposal to introduce Pay and Display to both Rainey Street and Union Road car-parks (copies circulated to each Member).

23.5 Submitted letter from Ferguson McIlveen in connection with the A6 Randalstown to Castledawson dualling – Environmental Assessment (Stage 1) (copy circulated to each Member).

24. WATER (NI) Submitted letter dated 24 November 2003 and ORDER 1999 copy of copy of an application made by SDC Trailers for consent to discharge effluent to a 280/12/2003 waterway under the Water (NI) Order 1999 from 116 Deerpark Road, Toomebridge, seeking the Council’s comments (copies circulated to each Member).

24.1 On consideration it was agreed to make no comments on this application.

25. NOTICE OF MOTION In accordance with his Notice of Motion, Councillor R A Montgomery proposed:- 212/12/2003 “That this Council requests a person from the Homefirst Community Trust to attend our next Council Meeting to give a presentation on the introduction of domiciliary meals and the reduction of hours for home-helps in our Council area.”

25.1 Councillor Montgomery stated that subsequent to submitting the Motion to Council, he had learned that Ms Rosemary Simpson from Homefirst Community Trust would be attending a meeting of the Health Council. He would therefore be able to ask Ms Simpson appropriate questions and would therefore withdraw his motion if the Members so requested.

25.1.1 The Chairman, Councillor Miss K A Lagan requested that the motion would not be withdrawn. She stated that she fully supported it.

25.1.2 Councillor Rev Dr R T Wm McCrea agreed with the Chairman.

25.1.3 Councillor J F Kerr seconded the motion which was adopted by the Council.

26. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Rev Dr RTWm McCrea, Seconded by Councillor J A McBride, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

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

29. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P E Groogan, 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 P E Groogan, and

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

30. RENT REVIEW Mr Tohill advised the Members that the lease with Mr Wm J McErlean, Culbann Road, Portglenone 546/12/2003 in respect of land forming part of the Lower Bann Fishing Scheme was due a rent review. This review had been completed by the Valuation and Land’s Agency and a rent of £1,275 per annum was recommended to the Council. The proposed rent was acceptable to Mr McErlean.

On consideration it was

PROPOSED by Councillor P H McErlean, Seconded by Councillor J Junkin, and

RESOLVED: that the Council increase the rent for land leased from Mr Wm J McErlean for the Lower Bann Fishing Scheme to £1,275 per annum.

31. SEALING OF The seal of the Council is hereby affixed to the DOCUMENTS following documents:-

31.1 Grant of Right of Burial – Plot K.14 to Mrs Margaret Rose Robinson, 40 Carlane Road, Toomebridge.

924/12/2003 31.2 Form of Agreement for the supply and delivery of one new 2000cc Fiat Scudo JTD Panel (16 valve) Van from Mervyn Stewart, 11 Boucher Crescent, Belfast BT12 6HU in the sum of £9,430.85 plus VAT.

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

a) Minutes of Meetings of the North-Eastern Education and Library Board.

59 b) Press Releases – Northern Health and Social Services Board December Meeting, “Call for support in stamping our Smoking” and Mid- Ulster Pharmacies provide additional support for Stopping Smoking. c) Copy of publication of equality impact assessment on “Developing Better Services: Modernising Hospitals and Reforming Structures”. d) Copy of the Northern Ireland Policing Board’s Human Rights Monitoring Framework for the Police Service of Northern Ireland. e) Copy of letter and Review of Mental Health and Learning Disbility (NI) Adult Mental Health (copy of letter giving details of a series of meetings circulated to each Member). f) Copy of the second report on Clinical Activity Patterns 1998/9 to 2002/3 prepared by the Royal Group of Hospitals and Dental Hospital Health and Social Services Trust. g) Copy of the Government’s White Paper on “The Future of Air Transport” prepared by the Department of Transport. h) Copy of the Equality Commission for Northern Ireland’s Monitoring Report No.13 “A Profile of the Northern Ireland Workforce” – summary of monitoring returns 2002. i) Copy of letter and relevant Statutory Rule in connection with the closure of Strangford Lough to Mobile Fishing Gear – Consultation. j) Copy of letter from the North Eastern Eduation and Library Board in connection with the opening of the new leading library at Pat’s Brae, Ballymena on 26 January 2004 (copy circulated to each Member). k) Copy of the Department of the Environment Planning Service’s Housing Land Availability Monitor – Summary Report (copy circulated to each Member). l) Copy of letter and leaflet on the Housing Order (NI) 2003 and the transfer of responsibility for serviced sites for travellers from District Councils to the Housing Executive (copies circulated to each Member). m) Copy of “Local Government Planning Functions in Northern Ireland” published by the Local Government Training Group – November 2003 (copy circulated to each Member (copy circulated to each Member). n) Annual Reports:

1. Regulation of Water Service Discharges Report 2001 60

2. The Electoral Commission 3. Progress Report on the Home Energy Conservation Strategy for Northern Ireland 2003 4. Citizens Advice Bureau – Changing Needs Evolving Services 2002-3 5. Investing for Health 2003 6. Fisheries Conservancy Board for Northern Ireland.

The meeting concluded at 11.25 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)