MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 8 May 2012. The meeting commenced at 7.30 pm.
Presiding: I P Milne
Other Members Present: G C Shiels P J Bateson J Campbell T J Catherwood J Crawford Mrs C Elattar Mrs E A Forde J F Kerr Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake Ms D Nί Shiadhail Miss C M Scullion
Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs Audrey Junkin (Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance:
DoE Planning Service: Mr M Bowman – Planning Officer
1 Minutes
1.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 17 April 2012 (copy previously circulated to each Member) subject to the following amendment be taken as read and signed as correct: 1 Page 18 – Councillor J Campbell pointed out that he had not called for a recorded vote, it was in fact Councillor J J McPeake.
2 Matters Arising Out of the Minutes
2.1 The Chief Executive advised that there were no items as such arising out of the Minutes
Noted.
2.2 Annual Meeting – 12 June 2012 Members agreed that the Annual Meeting of the Council should be held at 7.15 pm.
The Chief Executive pointed out that all appointments made at the previous Annual Meeting in June 2011 were for a period of four years. The only posts which would have a change of postholder would be the Chair and Vice-Chair and in the incoming year, the DUP would nominate the Chairperson and Sinn Féin would nominate the Vice- Chairperson for the year 2012/13.
Noted.
2.3 Adoption of Roads Submitted a letter of reply from NILGA regarding the issue of unadopted roads in Northern Ireland (copy circulated to each Member). The letter intimated that the information provided from replies from District Councils had been utilised to develop a paper outlining key problems experienced by Councils when roads were unadopted and providing a number of recommendations. Following the receipt by the Regional Development Committee of evidence from NILGA on the issue of unadopted roads, the Committee formally resolved to conduct an inquiry on this matter. Referring to the Council’s request that NILGA lobby the Minister and Roads Service on behalf of all councils in relation to this issue, the letter indicated that NILGA would await the outcome of the Committee’s inquiry before lobbying the Minister and Roads Service.
Noted.
2.4 The Chief Executive reminded Members of the next Northern Trust Workshop for Councillors which would be held on Thursday, 17 May 2012 at 6.00 pm in the Council Offices.
Noted.
3 Declarations of Interest
There were no declarations of Interest.
1 See Minutes of 17 April 2012 4 Planning 185/5/2012
4.1 New Planning Applications:
H/2010/0220/F – Mr W Quinn Approval. The Council agreed to the issue of the approval.
H/2011/0166/F – Aircore Ltd Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one objection to this application.
H/2011/0421/F – Termoneeny Community Association Approval. The Council agreed to the issue of the approval.
Councillor J J McPeake declared an interest in this application because of his association with Lavey GAC, a benefactor of the wind turbine.
H/2011/0552/F – Mr Patrick Toner Deferred for an office meeting on the request of Councillor B McGuigan. Councillor McGuigan handed a letter of submission to the Planning Officer – Criterion 5.
H/2012/0017/F – Frances Taylor Deferred for an office meeting on the request of Councillor J Campbell. Councill Campbell handed a letter of submission to the Planning Officer – Criterion 5.
4.1.1 Applications Deferred from Previous Meeting:
H/2010/0468/F – Mr D Convery The Planning Officer advised that this application had been withdrawn.
H/2011/0361/O – Mrs Phyllis Reid Refusal. The Council agreed to issue the decision.
H/2011/0374/O – Mr Shane Convery Deferred for two weeks. Councillor Miss K A Lagan stated that a meeting had been arranged with Mr P McGlone, MLA and Mr Hogg, the Area Manager. Members agreed that, in the event of the Planning Opinion still being refusal after Mr Hogg’s meeting with Mr McGlone, MLA, the Council agreed that the decision should be issued.
H/2011/0501/O – Mrs Bridget McCann Refusal. The Council agreed to issue the decision.
H/2011/0512/O – Mr Danny Duggan The Planning Officer advised that this application had been withdrawn.
4.1.2 It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean, and
Resolved: to adopt the Planning Schedule dated 8 May 2012 subject to the above conditions and amendments.
4.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 March to 31 March 2012 (copy previously circulated to each Member).
Noted.
4.3 Proposed extension of the Streamlined Consultation Scheme The Chief Executive enquired what decision the Council would make regarding the proposed extension of the scope of the joint Streamlined Consultation Scheme (explained and considered at the previous Council Meeting)
The Planning Officer advised that thirty applications had been streamlined during the past month.
Following discussion it was unanimously agreed that there should be no further extension of the Streamlined Consultation Scheme at this time.
Mr Bowman retired from the meeting at 8.10 pm.
4.4 Planning Application H/2010/2009 – Crockandun Windfarm
Councillor B McGuigan requested that consideration of this application be deferred until the next Council meeting to be held on Tuesday, 12 June 2012.
Members agreed.
5 Building Control Department 210/05/2012
The Director of Building Control presented the Department’s report for the period 1 April 2012 to 30 April 2012 (copy previously circulated to each Member)
5.1 During the period twenty-nine applications had been recommended for approval.
A total of forty-six applications required amending by Architects and Agents before granting approval.
5.2 Applications for Notices and Regularisations
During the period from 1 April to 30 April 2012 there were no Regularisations and four Notices issued.
5.3 Building Regulations Inspections
During the period from 1 March 2012 to 30 March 2012 thirty-eight applications commenced on site and forty-seven applications were found to be complete in accordance with Building Regulations.
The department carried out three hundred and twelve inspections this month.
5.4 Granting of Extension of Time and Cancellation of time lapsed Approvals
During the period from 1 April 2012 to 31 April 2012 – thirty-one applications were cancelled having gone beyond the four years expiry date and not having commenced on site.
There were no extensions of time applied for during this period.
5.5 Petroleum Legislation
Annual Re-Licensing Applications
During the period of this report twelve re-licensing inspections were carried out.
5.6 Entertainment Licensing
Mr Glendinning reported that during the period of this report six Entertainment Licensing inspections were carried out.
5.7 Naming and numbering of Streets
During the period from 1 March 2012 to 30 March 2012 seven new postal numbers and postcodes were issued for private dwellings.
5.8 Property Certificates There were forty Property Certificates issued for this period.
5.9 On consideration it was
Proposed by Councillor J F Kerr Seconded by Councillor J J McPeake, and
Resolved: that the report as submitted be adopted.
6 Licences and Registrations
6.1 Petroleum Licences
Submitted the following applications for Petroleum Licences which was in order and recommended for renewal:-
P.30 Hillside Filling Station, 16-18 William Street, Bellaghy – Mr Dermot O’Kane
P.35 Cathcart Retail Ltd (Texaco), 36 Castledawson Road, Magherafelt – Mr Ryan Cathcart
P.37 Heron Bros, 2 St Patrick Street, Draperstown – Messrs Heron Brothers
P.56 Greenfield Retail Ltd, 29 Church Street, Maghera – Mr Dennis Heaney
P.57 McCann’s Service Station, 34 Clady Road, Portglenone – Mr Laurence O’Kane
P.58 McSorley Bros, 8 Tobermore Road, Draperstown – Mr Thomas J McKenna
P.60 Bradley’s Service Station, 19 Coleraine Road, Maghera – Mr Joe Bradley
P.74 Diamond Service Station, 14 The Square, Draperstown – Mr E McAuley
P.82 Ecotech Services, 62 Church Street, Magherafelt – Kerrie Gass
P.90 Newbridge Stores, 37 Blackpark Road, Toomebridge – Mr Paul Martin
P.100 Glenshane Tourist Services, 31 Glenshane Road, Maghera – Mr J Molloy
6.1.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: to grant the renewal of the Petroleum Licences as submitted.
6.2 Street Trading Licence
Submitted the following application for the renewal of a Street Trading Licence which was in order and recommended for renewal:-
ST.9 Something Fishy (NI) Ltd, 1 The Tides, Portavogie Central Reservation, Market Square, Magherafelt
6.2.1 It was
Proposed by Councillor J J McPeake Seconded by Councillor J Campbell, and
Resolved: to grant the renewal of the Street Trading Licence as submitted.
6.3 Amusement Permit
Submitted an application for the renewal of an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise:
A3 The Red Dragon Amusements, 44 Queen Street, Magherafelt – Mr Simon Niblock
6.3.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor J Campbell, and
Resolved: that the application as submitted be renewed pending favourable reports from the PSNI and Environmental Health.
7 Environmental Health Department 196/05/2012
Mr M Young, Director of Environmental Health submitted the report for the month of April 2012 (copy previously circulated to each Member).
7.1 Food Service Plan Review 2011/2012
It was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and
Resolved: that the food service plan review for 2011/2012 as included in the report be approved.
7.2 Food Service Plan 2012/2013
It was
Proposed by Councillor T J Catherwood Seconded by Councillor J F Kerr, and
Resolved: that the food service plan for 2012/2013 as included in the report be approved.
7.3 Clean Neighbourhoods and Environment Act 2011
After consideration of a report on conditions of a privately rented dwelling at 86 Coleraine Road, Maghera, it was
Proposed by Councillor J F Kerr Seconded by Councillor Ms D Nί Shiadhail, and
Resolved : that an abatement notice under the Clean Neighbourhoods and Environment Act (NI) 2011 be served on the owner of premises at 86 Coleraine Road Maghera to abate conditions prejudicial to health.
7.4 Home Accident Prevention – Looped Blind Cords
Mr Young explained to Members the role of the Environmental Health department in contributing to the organisation of the regional safety campaign to be launched on 28 May 2012, relating to safety of looped blind cords and how a local family had suffered a related tragedy.
7.4.1 Councillor J J McPeake said he wished to place on record his appreciation for the work undertaken by the Environmental Health department to support developing standards and safety campaigns for this issue.
7.5 It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that Council adopt the remainder of the report which was for information.
On a request from the Chief Executive the Chairperson agreed that the following matters be raised.
8 Policy and Development
A copy of the Policy and Development Department’s report was circulated to each Member.
8.1 Events and Festivals Grants Magherafelt District Council received eight applications for funding in this second round - two applications under the Large Community Grants programme, five applications under the Small Community Events programme and one under the Tourism Events programme.
The Scoring Panel, met on Wednesday 2nd May 2012 to score the applications which had been received. The scoring has been summarised in the tables below.
Small Community Festivals Events A 100% grant on eligible costs, to a maximum of a £500 grant, is available. Applications must score 60 or over to be eligible for funding.
Councillor Miss K A Lagan declared an interest in the Events and Festivals Grants and voiced her disappointment with the failure of the Scoring Panel to consider the recent festival in Maghera worthy of funding.
Following discussion, it was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved: that the following applications as recommended, are approved.
Name of Details of Event/Purpose for Grant Score Requested Group /Recom- mended Award King Willi am Title: King William III Queen's III Diamond Jubilee Celebrations
Community Group Family Fun Day will provide lots of 68 £500 Ref: 0553 activities for all the family, bouncy castles, bungee run, slides, Space Ball, Shooting Range and various fun activities, all this takes place in King William III Crescent. We will also have a BBQ and Traditional Music.
Killymuck Title: Killymuck Cup Challenge Clay Pigeon 66 £500 Club To organise a clay pigeon Killymuck Ref: 0528 Cup Challenge and fun day festival to provide entertainment for all the community to include all age groups.
To bring the community together thus promoting relationships regardless of age or gender. We aim to network with other clay pigeon clubs to make event bigger and better. We have professional personalities coming over from Northern Ireland Team to judge the competition which will attract more people to the festival.
Maghera LOL Title: Maghera LOL Queens Jubilee 209 Celebration 66 £500 Ref: 0564 Our event will provide lots of activities for all the family, bouncy castles, bungee run, slides, Shooting Range and various fun activities, all this takes place in the grounds of St Lurach's Church from 11am-3pm.
We will also have a BBQ and Traditional Music. During the BBQ we
will show a PowerPoint presentation in the hall on the history of the Queen. This will be presented by Peter Crooks.
Culnady Title: Culnady Queen's 60th Jubilee Rural Celebration 64 £500 Development Association Culnady Primary School Grounds1pm Ref: 0572 - 5pm Culnady will involve the local school children in fancy dress competition, sack races, royal tea party in Church Hall, Ice Cream Van, assault courses and some fun activities.
It was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved: that the following applications are rejected as they failed to score a minimum of 60:
Name of Details of Event/Purpose for Grant Score Requested Group /Recom- mended Award Tobermore Title: A Royal Tea Party to Primary Celebrate the Jubilee 56 Failed to School PTA meet the Ref: 0558 The group is planning to have a royal quality tea party. The hall will be set up with threshold tables like a street party. Guests will
be served scones with jam & cream, victoria sponge cakes, etc. There will be entertainment throughout the evening e.g. Scottish dancing, pipe band, instrumental group, choir, etc. There will also be activities for children e.g. party room, video room, the royal kick-off (football & shoot outs) and games outside. The hall and school will be decorated appropriately.
Large Community Festivals Events
A 100% grant on eligible costs, to a maximum of a £1,000 grant, is available. Applications must score 60 or over to be eligible for funding.
Following discussion, it was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved: that the following applications as recommended are rejected as they failed to score a minimum of 60:
Name of Details of Event/Purpose for Gran t Score Requested/ Group Recom- mended Award Magherafelt Title: Magherafelt International and District “Festival of Birds”
Cage Birds Society This will be a 3 day event from 58 Failed to meet the Ref: 0566 Thursday 6 - Saturday 8 December. quality The Society would like to run a major threshold competitive show in Magherafelt. We would like to engage the services of several international standard judges. While the society’s shows in the past have been successful they have been run on a shoe string budget. We would aim to have a minimum of 1000 birds on show and attract competitors from all over Ireland. The Project would last from Thursday night to Saturday night and would get great publicity for our group and for the Magherafelt district. We would want activities for young people, educational talks and a real carnival atmosphere where the public would enjoy a family day out and learn about a whole new world surrounding the skills and enjoyment of an internationally recognised activity.
Loughin - Title: Community Together sholin 3rd August 6pm to 10pm. 51 Failed to Cultural meet the Music Group We plan to have an orchestra in the quality Parish Hall which will provide musical threshold entertainment. We will also have fun activities and the evening will conclude with a buffet supper.
Tourism Events
A 100% grant on eligible costs, to a maximum of a £2,500 grant, is available. Applications must score 60 or over to be eligible for funding.
Following discussion, it was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved: that the following applications, as recommended, are rejected as they failed to score a minimum of 60:
Name of Details of Event/Purpose for Grant Score Requested/ Group Recom- mended Award The Title: Draperstown Busking Festival Draperstown & Community Fun Day
Traders
Ref: 0589 Organise the event for the August Bank Holiday weekend to run all day 25 Failed to Sunday 26th August. A funday will meet the start at 3pm and run to 8pm with the quality setup of family orientated threshold amusements throughout St Patrick's Street, a fire engine display, Arts & Crafts stall etc. Also requested The highlight, the Busking Festival will £5,000 commence at 5pm and finish at 8pm with an awards ceremony for the winning entries. The town street will have diversions in place from 2pm to 9pm to allow the setting up, the running of the event and the cleaning up at the end of the day. The event will involve a lot of community organisations coming together to help out e.g. scouts, schools,
GAA, football clubs etc. This will be only our 2nd year to dip our toe into the running of the August Bank Holiday rather than just the one day.
10 Northern Ireland Rural Development Programme
The Chief Executive raised the issue of the proposed advertisement for the Northern Ireland Rural Development (copy handed out to each Member). He explained that the draft advertisement, which had only been received by the officers that morning, included revised eligibility criteria, which suggested that the maximum award would be 85% of eligible project costs.
Members discussed what the Members who represented the Council on the Joint Committee for Rural Development should advance as the Council’s position in relation to the forthcoming opportunity to apply for funding when the matter was discussed at the next meeting of the Joint Committee.
On consideration, it was agreed that the Members who represented the Council on the Joint Committee should:
• Adopt the position that the forthcoming funding opportunity should require that all applicants must demonstrate that they can confirm the availability of the required match funding before the application is approved; and • Argue that each participating council is allowed to submit an application for an agreed proportion of the available funding, subject to the council having identified a suitable project.
11 Payment of Accounts 04/2012
11.1 Submitted Statement of Expenditure setting out payments to be made during the month of May 2012 (copy circulated to each Member). The statement made provision for £993,317.56 out of the Revenue Account and £954,623.19 out of the Capital Account.
11.2 It was
Proposed by Councillor T J Catherwood Seconded by Councillor Miss K A Lagan, and
Resolved: to approve the Statement of Accounts as submitted for May 2012.
12 Subscriptions
Submitted the following letters of application –
12.1 County Londonderry Football Association
Request from the Secretary seeking a contribution towards the costs of running the County Premier and Junior teams in the 2012 Northern Ireland International Milk Cup Football Tournament (copy previously circulated to each Member).
12.1.1 Following discussion it was
Proposed by Councillor T J Catherwood Seconded by Councillor P McLean, and
Resolved: that the Council make a contribution of £200 to the County Londonderry Football Association.
12.2 Race Against Multiple Sclerosis (RAMS)
Request from the Centre Manager, RAMS Therapy Centre for the Council to help sponsor a full-time nurse (copy previously circulated to each Member).
12.2.1 Following discussion, it was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and
Resolved: that the Council make a donation of £200 to RAMS.
13 Tender for the Provision of Dog Kennelling Service
Submitted report prepared by the Director of Operations on tenders received for the provision of a Dog Kennelling Service (copy previously circulated to each Member).
13.1 Mr Cassells reported that three tenders had been received and that the lowest tenderer was Drumbonaway Kennels. The officers recommended that the contract for Dog Kennelling Services be awarded to Drumbonaway Kennels of Coagh Road, Stewartstown in the sum of ten thousand, four hundred pounds (£10,400) plus VAT for the period June 2012 to June 2013.
13.2 Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the contract for Dog Kennelling Services be awarded to Drumbonaway Kennels of Coagh Road, Stewartstown in the sum of ten thousand, four hundred pounds (£10,400) plus VAT for the period June 2012 to June 2013.
14 Conferences and Courses
Consideration was given to nominating delegates to attend:
14.1 Academy Congress VII: The Resilient City Congress to be held in Derry-Londonderry from 9-11 May 2012 (details previously circulated to each Member).
14.1.1 Members agreed to note the details.
14.2 agendaNI Planning for the Future Seminar to be held in the Baby Grand, Grand Opera House, Belfast on Thursday, 14 June 2012 (details previously circulated to each Member).
14.2.1 Members agreed to mark the details “read”.
14.3 Elected Member Training 2012 – ‘Guidance for Members Serving on Outside Bodies’ Training course organised by Wavel Moore (details previously circulated to each Member).
14.3.1 Members decided not to seek further training for Members serving on outside bodies as this issue had already been covered in previous training.
Noted.
15 Consultation Documents
Submitted the following consultation documents:
15.1 Letter seeking responses by 4.00 pm on 11 June 2012 to the Northern Ireland Local Government Association (NILGA) on Proposed Amendments to Constitution (letter previously circulated to each Member).
15.2 Consultation on the Law of Damages published by the Department of Finance and Personnel seeking comments by Wednesday, 18 July 2012.
15.3 Letter seeking responses to Public Consultation on Proposals for the future of the Office of the Police Ombudsman for Northern Ireland by Friday, 8 June 2012.
15.4 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.
16 Roads Service
16.1 To submit letter and map from the Lands Officer, Roads Service requesting a response from the Council on the proposed abandonment at 54 Disert Road, Draperstown (details previously circulated to each Member).
16.1.1 Following discussion it was agreed that the Council should make no comments and note the contents of the letter.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor J F Kerr Seconded by Councillor Ms D Ni Shiadhail, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
17 General Purpose, Finance and Policy Committee
This item was taken “In Committee”.
18 North West Waste Management Group
This item was taken “In Committee”.
19 Staff Matters
This item was taken “In Committee”.
Mr Tohill left the Meeting during this item.
20 Legal Matters
This item was taken “In Committee”.
Mr Tohill rejoined the Meeting during this item
Resolution to Proceed in “Open Council”
It was
Proposed by Councillor G C Shiels Seconded by Councillor J Crawford, and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
21 Sealing of Documents
The seal of the Council is hereby affixed to the following document:
Lease between the Council and the NI Library Service and Draperstown Library. This extends the current lease until the end of August 2013.
22 Memorial Stone
22.1 Mr Tohill advised that an application had been received from Mrs Linda Atkinson (grantee) of 4 Woodlands Drive, Magherafelt requesting permission to amend the inscription on the memorial stone previously erected at Plot A93 in memory of Poppy Lulu Quigley (deceased).
22.2 As the erection of the memorial stone had previously been approved by the Council, there was no application fee but the Council’s permission was requested for the amendment of the inscription.
22.3 Following discussion, it was
Proposed by Councillor J F Kerr Seconded by Councillor B McGuigan, and
Resolved: that the Council authorise the amendment of the inscription on the memorial stone previously erected at Plot 93 in memory of Poppy Lulu Quigley (deceased).
23 Strategic Investment
Councillor G C Shiels requested the Chair’s permission to raise an additional item.
The Chair, Councillor I P Milne, authorised Councillor Shiels to raise the additional item.
23.1 Councillor Shiels stated that it was his opinion that the Council should make an urgent strategic assessment of how it could best contribute to the development of the District and the advancement of the interests of local ratepayers in the runup to the implementation of the Review of Public Administration recommendations. He suggested that the Council should consider investing funds to advance the interests of the District and its ratepayers in whatever way possible, whether to prepare for the opportunity to apply for Social Investment Fund resources, invest in training facilities or opportunities to maximise the opportunities that would present when the economy started to recover or to invest in the community and voluntary sector, either on a revenue or capital basis, drawing down loan funding as and when appropriate.
23.2 On consideration, it was
Proposed by Councillor P McLean, Seconded by Councillor J Crawford, and
Resolved: that the Council would seek to convene a study group of Members to consider and advance Councillor Shiels’ suggestion as a matter of urgency. It was further resolved that the officers would prepare a paper for consideration by the study group which would outline the possible areas which the Council might invest in.
24 For the Information of Members
24.1 The following items were submitted for the information of Members:-
(a) Minutes of Board Meeting of the North Eastern Education and Library Board held on Tuesday, 28 February 2012. (b) Minutes of Meeting of the Northern Health and Social Care Trust Board held on Thursday, 23 February 2012. (c) Copy of the Northern Ireland Ambulance Service Health and Social Care Trust Equality Screening Report – 1 April–31 December 2011.
The meeting concluded at 8.10 pm
Chief Executive
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)