Meeting Pack Derry City and Strabane District Council

Dear Member of Derry City and Strabane District Council

You are hereby summoned to attend the Monthly Meeting of the Derry City and Strabane District Council to be held in the Guildhall, Derry, on Thursday 18 July 2019 at 4.00 pm.

Yours faithfully

John Kelpie Chief Executive

AGENDA

1 Notice and Summons of Meeting

2 Member Attendance and Apologies

3 Webcasting Notice

4 Declarations of Members' Interests

Open for Decision

5 Chairperson's Business

6 Confirmation of the Open Minutes of the Meeting of the Derry City and Strabane District Council held on Thursday 27 June 2019 (Pages 1 - 46)

7 Matters Arising

8 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Thursday 4 July 2019 (Pages 47 - 66)

9 Adoption of the Open Minutes of the following Committees

a T he Special Environment and Regeneration Committee Meeting held on Wednesday 26 June 2019 (Pages 67 - 78)

b Monthly Governance and Strategic Planning Committee held on Tuesday 2 July 2019 (Pages 79 - 98)

c Monthly Planning Committee held on Wednesday 3 July 2019 (Pages 99 - 118)

d Monthly Business and Culture Committee held on Tuesday 9 July 2019 (Pages 119 - 128)

e Monthly Environment and Regeneration Committee held on Wednesday 10 July 2019 (Pages 129 - 152)

f Monthly Health and Community Committee held on Thursday 11 July 2019 (Pages 153 - 176)

10 Notices of Motion

Councillors McKinney and Ferguson to Move:

That this Council signs up to the British/Irish Sign Language charter and that officers bring a paper to a future meeting of the Governance and Strategic Planning Committee regarding the relaying of Council meetings in British/Irish Sign Language.

Councillor Cusack to Move:

This Council condemns animal cruelty in all forms; notes the effective framework for punishing offenders and imposing appropriate sentences which serve as a deterrent to others; recognises the work of the USPCA in challenging cruel behaviour toward animals as well as supporting rehoming initiatives for those animals that have suffered abuse or neglect; further notes with concern that there is no central register of those convicted of animal cruelty offences and; resolves to write to the Permanent Secretary at the Department of Justice, and the British and Irish Governments to raise these concerns and propose a central all-island register for animal abusers.

Councillor Duffy to Move:

This Council recognises the huge positive contribution made by our LGBTQ+ Citizens right across the City and District.

To build on the support already shown by Derry City and Strabane District Council to the annual Foyle Pride Festival and in a show of solidarity to the LGBTQ+ community, this Council will light up the council buildings, were this is possible, annually during Foyle Pride Week.

Go n-aithníonn an Chomhairle seo an t-ionchur ollmhór, dearfach atá déanta ag ár saoránaigh LADTA+ fud fad na cathrach agus an cheantair.

Le tógáil ar an tacaíocht atá léirithe cheana féin ag Comhairle Chathair Dhoire agus Cheantar an tSratha Báin d'Fhéile bhliantúil Bhród an Feabhail, agus le dlúthpháirtíocht leis an phobal LADTA+ a chur in iúl, soilseoidh an Chomhairle seo foirgnimh na Comhairle, nuair is féidir, gach bliain i rith Fhéile Bhród an Feabhail.

Councillor Kelly to Move:

That this Council adopt the Motor Neurone Disease Charter.

Go dtacaíonn and comhairle le Cairt Ghalar Néarón Luadrach.

Councillor McHugh to Move:

This Council calls on the Local Government Officers' Superannuation Committee to divest the local government pension scheme from fossil fuel companies.

Further this Council calls on the Local Government Officers' Superannuation Committee to bring forward an ethical investment policy and desist from investment in tobacco and arms companies.

Go n-iarrann an comhairle seo ar Choiste Aoisliúntas Oifigigh an Rialtais Áitiúla scéim phinsean an rialtais áitiúla a dhídhílsiú ó chomlachtaí breosla iontaise. ina theannta sin, go n-iarrann an comhairle seo ar Choiste Aoisliúntas Oifigigh an Rialtais Áitiúla polasaí infheistíochta eiticiúla a thabhairt chun tosaigh agus éirí as infheistíocht i gcomhlachtaí tobac agus arm.

Councillor Mellon to Move:

That this Council approves the lighting up of our Council offices and Guildhall in tandem with other landmarks across the world from the 16th- 22nd September to “Go Green for Mito.”

This is a globally supported campaign that raises awareness, educates and supports those faced with mitochondrial disease.

Go bhfaomhann an Chomhairle seo go soilseofar oifigí na Comhairle agus Halla na Cathrach i dtandam le sainchomharthaí eile ar fud an domhain ón 16ú – 22ú Meán Fómhair don fheachtas “Gabh Glas do Mhitea”.

Is feachtas é seo atá faoi thacaíocht fud fad an domhain a n-ardaíonn feasacht, a mhúineann agus a dtacaíonn leo siúd a bhfuil an galar miteacoindreach orthu.

Councillor Harkin to Move:

Council views workers’ rights as intrinsic to a democratic and just society. The struggle for workers’ rights unites rather than divides communities. In Derry and Strabane and elsewhere, poverty wages and disrespect for labour are widespread. Public and private sector workers, including civil servants, have had to rely on foodbanks to survive.

Derry City and Strabane Council stands in solidarity with civil servant members of Nipsa who have voted to take industrial action on July 26th.

Council agrees that the workers concerned should receive an above-inflation pay increase and pay restoration. Council opposes attacks on workers’ terms and conditions. Council supports Nipsa's demand for contract negotiations to be reopened.

Council calls for solidarity with the July 26 strike and with whatever further action the workers involved feel it necessary to take to secure their contract demands.

Council agrees to write to the Permanent Secretary of the Department of Finance to convey Council's support of these demands.

Councillor McCann to Move:

Council notes the recent vote in Westminster to extend Marriage Equality and the decriminalisation of abortion to the North.

Council supports the right to marry for same-sex couples and opposes all forms of homophobia and transphobia.

Council supports the decriminalisation of abortion.

Council commends the decades of campaigning by the LGBT+ community and their allies for equality in Derry and Strabane and elsewhere.

Council commends the decades of campaigning by Pro-Choice activists and their allies for equality in Derry and Strabane and elsewhere. Council agrees that these

campaigns have been key to making our society more progressive, more tolerant and more equal.

Councillor Tierney to Move:

That this Council recognises the unique ability of people living in to hold citizenship of Britain, Ireland or both, as a result of the Good Friday Agreement:

Welcomes the announcement from An Taoiseach, Leo Varadkar TD and the Irish Government of their intent to hold a referendum on the right of all Irish citizens, including the diaspora, to take part in the election of Uachtarán na hÉireann;

and believes that this is an important opportunity to expand the democratic participation of people across Northern Ireland in the election of the President of Ireland.

Councillor Harkin to Move:

A recent court decision ruled workers in both the public and private sector can claim holiday pay for overtime hours. Council welcomes this decision.

Council supports public and private sector workers’ holiday back pay claims. Council views this as money earned that must be paid.

Council calls for no time caps to be placed on holiday back pay claims.

Council encourages council workers to claim holiday back pay they are owed and extends the same support to all workers in Derry and Strabane who are owed holiday back pay.

Council stands in solidarity with workers forced to take action in pursuit of holiday back pay.

Open for Information

11 Seal - July 2019 (Pages 177 - 178)

Confidential for Decision

12 Confirmation of the Confidential Minutes of the Meeting of Derry City and Strabane District Council held on Thursday 27 June 2019 (Pages 179 - 182)

13 Adoption of the Confidential Minutes of the Following Committees

a Monthly Planning Committee held on Wednesday 3 July 2019 (Pages 183 - 186)

b Monthly Business and Culture held on Tuesday 9 July 2019 (Pages 187 - 188)

c Monthly Environment and Regeneration Committee held on Wednesday 10 July 2019 (Pages 189 - 194)

d Monthly Health and Community held on Thursday 11 July 2019 (Pages 195 - 196)

12 July 2019

Agenda Item 6

Derry City and Strabane District Council

Minutes of Monthly Meeting of Derry City and Strabane District Council held in the Chamber, Guildhall, Derry on Thursday 27 June 2019 at 4.00pm.

Present:- Councillor M Boyle (Mayor)(In the Chair); Aldermen Bresland Devenney, Guy, Hussey and McCready; Councillors J Barr, R Barr, J Boyle, Burke, Carr, Cooper, Cusack, Donnelly, Duffy, Durkan, Farrell, Ferguson, Fleming, Gallagher, Harkin, Hunter, Jackson, Kelly, Logue, McCann, McCloskey, McGuire, R McHugh, J McKeever, McLaughlin, Mellon, Reilly and Tierney.

In Attendance:- Chief Executive (Mr J Kelpie), Director of Environment and Regeneration (Mrs K Phillips), Director of Health and Community (Mrs K McFarland), Director of Business and Culture (Mr S Gillespie), Lead Legal Services Officer (Mr P Kingston),Lead Democratic Services and Improvement Officer (Ms E Cavanagh) and Committee Services Assistant (Mrs T Johnstone).

______

C127/19 Notice and Summons of Meeting

The Mayor read the Notice and Summons for the Meeting.

C128/19 Member Attendance and Apologies

The Mayor completed the roll call and recorded apologies from Aldermen Kerrigan, McClintock, Ramsey and Warke and Councillors Dobbins and McKinney.

C129/19 Webcast Announcement by the Mayor

The Mayor read the Webcast Announcement for the Meeting.

C130/19 Declaration of Members Interests

Alderman Hussey declared a non-pecuniary interest in the following;

 Proposal regarding Dalradian Gold Ltd.

Open for Decision

Chairperson’s Business

C131/19 Condolences

The Mayor offered her condolences to the families of Mr Ivan Cooper, Mr Richard O’Rawe, former Chairperson of Visit Derry, Mr Eamonn Friel,

1 Page 1 author, musician and broadcaster and Mr Manus Kelly on their recent bereavements. She stated that letters of condolence will be sent to the families.

Councillor Reilly stated it was with great sadness that he had heard of the death of Ivan Cooper and on behalf of the SDLP extended sincere sympathy to his wife Frances, his daughters and the entire family circle. He described how Mr Cooper had been a founding member of the SDLP and the Civil Rights Movement. He stated that Ivan was born to break the mould as a working class protestant man who saw inequality and injustice and had dedicated his life to fighting for one person, one vote and equality for all. He thanked the Mayor for opening a book of condolence for Mr Cooper.

Councillor J Barr stated that on behalf of Derry City and Strabane District Council, he wished to pass on deepest condolences to the family of Councillor Manus Kelly and the wider Fianna Fail family on his recent death. He described how Mr Kelly had been recently elected to Donegal County Council and his passion for his work was evident throughout the community and the rallying world. He stated that unfortunately Manus Kelly’s life was tragically cut short whilst taking part in a sport that he loved. He also wished to take the opportunity to wish Mr Kelly’s navigator, Donal Barrett a very speedy recovery.

Members of Sinn Féin, UUP and DUP echoed the sentiments expressed by the Mayor and stated that the deceased had all made significant contributions to their own communities and wider society.

C132/19 Notices of Motion

The Mayor stated that there were quite a number of motions on the agenda for the meeting with some being similar in context. She suggested that in future, motions could be presented at the relevant committee meeting. She further stated that whilst she respected Members’ views, that in future meetings Members will only have one opportunity to speak on a particular Motion. She also asked that if any Member wished to raise a matter under Chairperson’s Business they were welcome to do so, however prior notice must be given.

Councillor Gallagher stated that he wished to point out that Members did not sit on every committee, therefore they may not have proposal or voting rights within a particular committee. He stated that the decision would exclude a number of Members who were given a

2 Page 2 mandate to present motions on behalf of their electorate and that the voices of those who were not members of a committee could not be excluded.

In response the Mayor stated that it was not her intention to exclude any voice from within the Chamber. She stated that it was her intention to take the motion, proposed and seconded from the floor then take the debate to the relevant committee. The motion would then return to Council for Members to cast their vote.

Councillor Harkin stated that he wished to raise a similar concern. He stated that whilst he understood that meetings could be quite lengthy there was currently no Assembly, therefore Council was the sole arena where people could witness debates taking place regarding issues that affected them. He further stated that with more diversity and political parties within Council, more motions were being presented. He stated that it was important to be mindful regarding curtailing discussions as from his experience, it had resulted in the smaller parties suffering curtailment.

The Mayor stated that it was not her intention to curtail any Member from having a voice, however due to the diversity, the time limit and the number of motions on the agenda it would be in everyone’s interests to have the motion proposed and seconded at Council, taken to the relevant committee for debate then returned to Council to enable all Members to cast their vote.

C133/19 Summer Provision at Derg Valley Leisure Centre

The Mayor informed Members that Alderman Hussey wished to raise a matter under Chairperson’s Business and invited him to do so.

Alderman Hussey referred to the Summer Activity Programme at Council owned Leisure Centres. He stated that he had received communication from the Head of Community Development and Leisure on behalf of the Chief Executive with regard to the shortfall of provision at Derg Valley Leisure Centre in Castlederg. He stated that the activity programme was listed at participating centres, however there had been no mention of any activities at Derg Valley Leisure Centre. He stated that after contacting officers on the matter they had responded with a suggested programme. He stated that the programme included a three week summer scheme at Derg Valley commencing on 15 July. However he had subsequently received an

3 Page 3 email from Derg Valley Leisure Centre which stated that the summer scheme was for 2 weeks, 3 days per week, 3 hours per day. He expressed concern as other leisure centres involved in the programme had 120 hours of programmes 5 days per week with 6 hours per day at Templemore Sports Complex, Foyle Arena and Melvin Sports Centre which equated to 360 hours of provision. He stated that there was a further 90 hours leisure provision available at those centres. He stated that in his opinion, users of the Derg Valley Leisure Centre and the people from the Castlederg area were treated as second class citizens. He stated that within the email that he had received, it noted that numbers were lower than last year in Castlederg. He explained that the reason for this was the same as the previous year, whereby a late programme of provision was published for Derg Valley Leisure Centre. He stated that parents would make appropriate provision for their children over the summer break and if a local programme of events was unavailable until the last minute, other arrangements would be put in place. He stated that whilst he welcomed that action had been taken, he expressed concern that insufficient provision was offered at Derg Valley Leisure Centre and that more needed to be done for the people of that area.

In response, the Director of Health and Community stated that staff had received representations from Alderman Hussey in relation to the programme. She stated that there was an extensive summer programme at all leisure centres, however there had been logistical issues regarding provision at Derg Valley Leisure Centre. She advised that officers had responded by commencing the recruitment process for additional coaches to provide the necessary provision at Derg Valley and that from a service perspective, everything would be done to meet demand at the centre. She stated that when the registration process commenced at the leisure centre, officers would have more information on what provision would be required and respond accordingly.

Alderman Hussey thanked the Director of Health and Community for her response and stated that it was important for the people of that area to be treated equally.

C134/19 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Monday 25 February 2019

The Minutes of the Special Meeting of Derry City and Strabane District Council held on 25 February 2019 (SC22/19-SC26/19) were submitted.

4 Page 4 Alderman Hussey Moved, Councillor Tierney Seconded and the Council.

Resolved that the above Minutes be adopted, as a true record of the Meeting

C135/19 Confirmation of the Open Minutes of the Meeting of Derry City and Strabane District Council held in Tuesday 26 March 2019

The Minutes of the Special Meeting of Derry City and Strabane District Council held on 26 March 2019 (C89/19-C118/19) were submitted.

Councillor McGuire Moved, Councillor Duffy Seconded and the Council.

Resolved that the above Minutes be adopted, as a true record of the Meeting

Matters Arising

C136/19 Consultation on the Timetable and Work Programme for the Preparation of the Northern Ireland Flood Risk Management Plan (2021- 2027) (C59/19) and Strabane River Walkway (C95/19)

Alderman Hussey stated that he had previously raised the issue of the walkway in Sion Mills that had been partially decimated in the floods of August 2017. He stated that Head of Environment had replied to his query at that time and he now requested an update on the matter.

In response, the Director of Environment and Regeneration stated that a report in relation to the matter would be presented at the July meeting of the Environment and Regeneration Committee. She stated that structural surveyors had been contacted to assess the works and a detailed report would be available at that meeting.

Councillor Donnelly requested an update in relation to the pedestrian footbridge at Muff Glen Forest in Eglinton. He stated that the footbridge had been washed away in the August 2017 floods and emphasised the importance of the bridge being reinstated as soon as possible to enable access to the forest.

In response, the Director of Environment and Regeneration stated that the area was owned and managed by the Forestry Service, therefore it was the responsibility of DAERA to take the matter forward. She stated that officers had prepared a report to be presented at the July meeting of the Committee were Members would have the opportunity to discuss the matter.

5 Page 5

Councillor Gallagher referred to the ‘Stick Bridge’ at Park Village, Claudy which had also been washed away in the flooding incident and enquired if there had been any update on the matter.

In response, the Director of Environment and Regeneration stated that officers had been working with community representatives regarding the matter and that an update would be provided at the July meeting of the Environment and Regeneration Committee.

C137/19 Playing Pitch Report Update (C97/19)

Alderman Hussey enquired if there was any indication when number one pitch at Mitchell Park would be ready for competitive use in the forthcoming season.

In response, the Director of Health and Community stated that a tender exercise had commenced and it was hoped with a successful appointment, a timeline could be agreed for the works. She stated that confirmation would be provided to Members at the earliest opportunity and where necessary, officers would liaise with Clubs and Leagues regarding the start date for fixtures. She suggested that a change to the fixture pattern would ensure that clubs would not be disadvantaged.

C138/19 Confirmation of the Open Minutes of the Annual Meeting of Derry City and Strabane District Council held in Monday 20 May 2019

The Minutes of the Annual Meeting of Derry City and Strabane District Council held on 20 May 2019 (AM1/19-AM13/19) were submitted.

Councillor Tierney Moved, Councillor Alderman Devenney Seconded and the Council.

Resolved that the above Minutes be adopted, as a true record of the Meeting

Matters Arising

C139/19 Positions of Responsibility (AM18/19)

Councillor Duffy informed Members that Councillor Jackson would be replaced by Councillor McHugh on the Partnership Panel.

6 Page 6 C140/19 Confirmation of the Open Minutes of the Special Meeting of Derry City and Strabane District Council held on Wednesday 29 May 2019

The Minutes of the Special Meeting of Derry City and Strabane District Council held on 29 May 2019 (SC27/19-SC30/19) were submitted.

Alderman Devenney Moved, Councillor Carr Seconded and the Council.

Resolved that the above Minutes be adopted, as a true record of the Meeting

Matters Arising

C141/19 Conferring the Freedom of the City on Jim McLaughlin (SC30/19)

Councillor Carr expressed his gratitude to the Lead Democratic Services and Improvement Officer and the Mayoral Office for their work which made the presentation of the Freedom of the City on Mr Jim McLaughlin a great success. He asked if a report could be presented to the relevant committee regarding how other citizens throughout the Council area could be recognised for their contributions within their communities.

The Mayor concurred with the sentiments expressed by Councillor Carr and stated that the Mayor’s Office had received correspondence from the family of Mr Jim McLaughlin who received the Freedom of the City. She stated that the family had expressed thanks to everyone involved in the reception for their father.

C142/19 Monthly Planning Committee held on Monday 25 March 2019

The Minutes of the Planning Committee held on 25 March 2019 (P54/19-P66/19) were submitted.

Councillor McGuire Moved, Seconded by Alderman Bresland and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

C143/19 Monthly Governance and Strategic Planning Committee held on Tuesday 4 June 2019

The Minutes of the Governance and Strategic Planning Committee held on 4 June 2019 (GSP59/19-GSP75/19) were submitted.

7 Page 7 Alderman Hussey Moved, Councillor McLaughlin Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting

C144/19 Elected Member Support Services: Meeting/Workstation Facilities (GSP67/19)

Councillor Reilly referred to the report Elected Members Support Services which was deferred from the meeting of the Governance and Strategic Planning Committee for consideration at the Council meeting. He stated that he had spoken to Members from other parties who were in agreement with the recommendation for Appendix 2 Option 2.

Councillor Reilly Proposed, Seconded by Councillor Duffy

That Council endorse Appendix 2, Option 2; i.e. Allocate the three large meeting rooms to the three largest Parties (thus accommodating 29 Members) and converting the other two rooms in Harbour House into shared, bookable workstation and meeting space. It is noted that this may require some configuration of existing layouts. Subject to demand, further rooms may be made available in Harbour House/Guildhall/other location to accommodate Member’s needs.

Members agreed unanimously and the Council

Resolved That Council endorse Appendix 2, Option 2; i.e. Allocate the three large meeting rooms to the three largest Parties (thus accommodating 29 Members) and converting the other two rooms in Harbour House into shared, bookable workstation and meeting space. It is noted that this may require some configuration of existing layouts. Subject to demand, further rooms may be made available in Harbour House/Guildhall/other location to accommodate Member’s needs.

C145/19 Appointments to Internal Bodies/Working Groups (GSP68/19)

8 Page 8

Councillor Reilly advised that nominations to Internal Bodies had been deferred until the meeting of full Council and that Members would need to review numbers on the internal bodies as some had not met for some time.

Councillor Reilly Proposed, Seconded by Councillor Gallagher

That Derry City and Strabane District Council nominates to the Internal Bodies using the same process as under the last term – i.e. one from each Party and one from the Independent Councillors

After a query raised by Councillor Duffy, the Chief Executive advised that nominations to External and Internal Bodies would be considered at a Special Council meeting to be held on Thursday 4 July 2019 due to the number of Motions on the Council agenda.

Councillor Duffy referred to Councillor Reilly’s proposal and stated that Sinn Féin were of the view that as D’Hondt had been used for nominations to external and Council committees, therefore it was only fair and equitable to use D’Hondt to populate the internal bodies.

The Mayor advised that discussion on the nominations to External and Internal Bodies be postponed until the special meeting.

Councillor Gallagher stated that if the D’Hondt method was used to make nominations to internal bodies, it would result in exclusion. He stated that Councillor Reilly’s proposal was fair and equitable for all Members.

The Mayor reiterated that the papers for the special meeting would be circulated on Friday 28 June for the matter to be debated.

Councillor Reilly stated that he had made the proposal as the recommendation had been deferred from Governance and Strategic Planning for discussion at full Council and asked if the Mayor was unable to accept his proposal.

The Mayor advised that Members had been informed that the matter would be debated at the special meeting due to the large content on the agenda for the Council meeting. She stated that the papers had already been prepared for the special meeting.

Councillor Reilly stated that whilst he was conscious that there were twelve Notices of Motion on the agenda, it had been agreed that the

9 Page 9 matter be discussed at full Council as not all Members sat on the Governance and Strategic Planning Committee. He stated that if agreement was reached on how the internal bodies would be populated before the special meeting it would speed matters up.

Councillor Gallagher outlined that the purpose of a working group was to facilitate discussion on issues with those issues then being brought before Council with a consensus reached on how to move forward. He stated that Sinn Féin’s proposal to use D’Hondt would mean that a working group could be made up with 5 members from the same party. Therefore there would be no value to the concept of cross party membership. He stressed the importance of having all party involvement within those particular working groups.

Councillor Duffy stated that the first part of Councillor Reilly’s proposal was to have a review of all working groups currently in place as there were some that had not met in quite some time or were no longer required. She suggested that officers carry out a review and present a report on the working group structures.

Councillor J Boyle stated that the proposal should be put to the vote. He stated that whilst he agreed that there should be a review, the process should not be delayed until the review had taken place.

Councillor Donnelly stated that that the purpose of a working group was to gather different opinions and ideas in order to debate and come to a consensus on particular issues.

Councillor Duffy stated that whilst D’Hondt was an equitable way to fill positions and to show balance and clear representation she would withdraw her proposal. However, she urged caution on the matter and stated that it was important to remember the purpose of working groups within Council.

Councillor Reilly Proposed, Seconded by Councillor Gallagher

That Derry City and Strabane District Council nominates to the Internal Bodies using the same process as under the last term – i.e. one from each Party and one from the Independent Councillors

After voting by a show of hands the result was unanimous and the Council

10 Page 10 Resolved That Derry City and Strabane District Council nominates to the Internal Bodies using the same process as under the last term – i.e. one from each Party and one from the Independent Councillors

The Chief Executive advised that the result of the vote would be taken into consideration and the papers for the special meeting would be amended accordingly before circulation to Members.

C146/19 Monthly Planning Committee held on Wednesday 5 June 2019

The Minutes of the Planning Committee held on 5 June 2019 (P54/19- P68/19) were submitted.

Alderman Bresland Moved, Seconded by Councillor Jackson and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

C147/19 Monthly Business and Culture Committee held on Tuesday 11 June 2019

The Minutes of the Business and Culture Committee held on Tuesday 11 June 2019 (BC67/19 – BC82/19) were submitted.

On a matter of accuracy, Councillor Cusack referred (BC70/19) to the factory girls sculpture and stated that she had spoken of some form of artistic tribute to the factory girls, not solely a sculpture.

It was agreed that the minutes would be amended accordingly.

Councillor Carr referred to BC81/19 and stated that the Mayor had convened a meeting that week regarding the Medical School at Magee and expressed concern as an elected representative that he had not been informed although details were available on social media. He stated that this was not the correct way for Council to communicate information to Elected Members. He stated that a lengthy debate had taken place on the matter, however it had not been noted in the minutes.

In response, the Mayor stated that this was a reconvened meeting of party leaders who had already met on that issue. Given the high volume of media interest on the matter, she decided to call a reconvened meeting of those party leaders, she stated that some party

11 Page 11 leaders could not attend due to other commitments however they had sent along a deputising member from their particular party which would have been a councillor from this chamber. She stated that details of the meeting had been in the papers and the radio. She stated that if any Member had wished to attend they should have contacted the Mayor’s office and they would have been welcomed to attend.

Councillor Carr thanked the Mayor for her response. He stated that he was not directing any criticism towards the Mayor, however he would like to have been informed. He stated that he wished to query why the discussion had not been included in the minutes.

The Chief Executive advised that Committee Clerks would check the notes from the meeting and ensure that Councillor Carr’s sentiments would be reflected in the minutes.

Councillor Donnelly stated Councillor Carr had raised the issue that a proposal, subsequently withdrawn by Councillor McLaughlin at that meeting and the debate which followed had not been recorded in the minutes. He stated that it was important that any debate which took place in the Council Chamber should be recorded.

The Mayor reiterated that she had called a meeting which had already been established regarding that particular issue. She stated that she had asked that the meeting be reconvened with the people who had attended the previous meeting. She stated that the party leaders had been invited and that she was not attempting to exclude anyone.

Alderman Hussey stated that to the best of his knowledge it was provincial party leaders who had been invited and that his invitation came from his party leader who was unable to attend.

Councillor Gallagher asked that the Mayor be cognisant of other voices and other mandates within Council and that this be a lesson learnt.

The Mayor stated that she did not need to learn any lessons and she would not call a meeting of the Governance and Strategic Planning Committee and invite members of the Business and Culture Committee to that meeting.

Councillor Duffy stated that the Mayor was entitled to call meetings and extend invitations to whoever in your role as head of the Council.

12 Page 12 Councillor Harkin stated that the had received an invite via Mr . However Councillor McCann had read about the meeting via the media and decided to attend. He stated that in future if there was a meeting where an important issue would be discussed that People Before Profit would be attending whether or not they were extended an invitation.

Councillor J Barr Moved, Councillor Duffy Seconded and the Council

Resolved that the above minutes as amended, be adopted as a true record of the Meeting

Matters arising from the Minutes

C148/19 Matters Arising – Cultural Grant Aid Programme 2019/20 (BC74/19)

In response to a request for an update regarding applications to the Cultural Grant Aid Programmes, the Director of Business and Culture advised Alderman Hussey that an update would be provided at the July meeting.

C149/19 Monthly Environment and Regeneration Committee held on Wednesday 12 June 2019

The Minutes of the Environment and Regeneration Committee held on 12 June 2019 (ER92/19 – ER114/19) were submitted.

Councillor Fleming Moved, Seconded by Councillor Tierney and the Council

Resolved that the above minutes be adopted as a true record of the Meeting

Matters Arising from the Minutes

C150/19 Correspondence from DfE on Mineral Prospecting Licensing Application Consultation Response (ER108/19)

Councillor Gallagher referred to the correspondence from Department for the Economy (DfE) regarding mineral prospecting licensing application and the subsequent response to Council. He stated that Council were involved in the compilation of a long term Local Development Plan which included a focus on areas of outstanding natural beauty, protecting the historic environment, landscape, water

13 Page 13 environment, public safety and human health as well as natural heritage. He stated if the Local Development Plan was to have any value, Council must challenge decisions that would have an unacceptable adverse impact on this plan by an external body such as the DfE who have little interest in this region.

Councillor Gallagher Proposed, Seconded by Councillor Donnelly

That This Council takes a judicial review on the decision of the Department for the Environment to grant mineral prospective licences to Flintridge Resources and Dalradian Gold.

The Chief Executive referred to Council’s Standing Orders and advised that under the section 16, it fell outside the scope of this meeting to take forward a motion of such gravity. However, in respect of the motion it did raise concerns in terms of Council’s legal competence to debate the notice of motion as currently worded. Therefore, he suggested that the proposer may wish to reflect on the wording of the motion before it could be accepted.

The Lead Legal Services Officer stated that he was not in a position to advise Council that there were grounds for a judicial review of the decision by the DfE and advice would have to be sought on the matter before he could advise Council accordingly. He stated that he could not advise that the motion go forward as it was currently worded.

Councillor Gallagher stated that the proposal would enable the legal team to prepare the ground for taking a judicial review. He advised that as Council proceeded in the compilation of the Local Development Plan and the actions therein, they could not permit the Department to make decisions that Council had already put in place within the LDP regarding protections around the environment. He reiterated that a judicial review was needed and that Council should be at the forefront.

The Mayor suggested a short recess to discuss the wording of the proposal.

Councillor Duffy suggested that a paper be brought to the Environment and Regeneration Committee outlining the legal opinion on the matter.

After a short recess, Councillor McCann advised that by seeking legal advice on the matter, Council were setting precedent which may have important ramifications. He concurred with the sentiments expressed

14 Page 14 by Councillor Gallagher in that the Department of Economy were going against the democratic wishes of Council. He stated that in the absence of an Assembly, there were no officials in place to scrutinise the decisions made by government departments. He stated that Council should challenge decisions being made by departments when they go ‘against the grain’. He further stated that if Dalradian Gold Ltd were given permission to begin work they would encounter a very formidable response by the people from the area.

Councillor Hussey stated that he had a non-pecuniary interest and would therefore abstain from the vote.

Councillor Gallagher Proposed, Seconded by Councillor Donnelly

That this Council urgently seeks counsel’s opinion on the merits of judicial review proceedings in relation to the decision of the Department for the Economy to grant Mineral Prospecting Licences to Flintridge Resources and Dalradian Gold.

After Voting by a show of hands the result was as follows:

For – 28; Against – 4; Abstentions – 2. The Motion was therefore carried and the Council

Resolved That this Council urgently seeks counsel’s opinion on the merits of judicial review proceedings in relation to the decision of the Department for the Economy to grant Mineral Prospecting Licences to Flintridge Resources and Dalradian Gold.

C151/19 Derg Riverside Walkway (ER98/19)

In response to a query from Councillor Carr, the Director of Environment and Regeneration stated that a progress report regarding Strathfoyle Greenway would be provided at a future Committee meeting.

C152/19 Monthly Health and Community Committee held on Thursday 13 June 2019

The Minutes of the Health and Community Committee held on Thursday 13 June 2019 (HC89/19-HC109/19) were submitted.

15 Page 15 On a matter of accuracy, Councillor McHugh referred to HC92/19, the car park at Derg Valley Leisure Centre. He requested that the following be recorded in the minutes; ‘that in periods of inclement weather, users had to walk through water that had pooled in the car park’.

Alderman Devenney Moved, Seconded by Alderman Guy and the Council

Resolved that the above minutes be adopted, as amended, as a true record of the Meeting.

Matters Arising from the Minutes

C153/19 Policing and Community Safety Partnership (PCSP) Small Project Support 2019/20 (HC103/19)

Alderman Devenney advised that Alderman Ramsey will be replaced by Alderman McClintock on PCSP.

C154/19 Car Park at Derg Valley Leisure Centre, Castlederg (HC92/19)

Councillor McHugh requested an update regarding the identification of the necessary budget to address the drainage issue at the car park.

In response, the Director of Health and Community stated that officers were looking at a shortfall in current expenditure and hoped to be in a positive position to commence the work. She advised that Members would be updated on the matter accordingly.

C155/19 Monthly Assurance, Audit and Risk Committee held on Monday 17 June 2019

The Minutes of the Assurance, Audit and Risk Committee held on 17 June 2019 (AAR35/19-AAR50/19) were submitted.

Alderman Hussey Moved, Councillor McGuire Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting

Notices of Motion

C156/19 #FDANODELAY Campaign

Councillor Logue Moved, Seconded by Councillor Mellon

16 Page 16 That this Council commends the #FDANODELAY campaign and recognises that people living in hostels and other temporary/emergency accommodation across our society are homeless and deserve to be legally recognised as such by having Full Duty Applicant status awarded. This Council calls on the NIHE Chief Executive to respond outlining what measures the NIHE will now take to accurately audit the extent of the problem regarding homeless people who are not recognised as such and what steps will be taken to remedy these oversights.

After voting by a show of hands the result was unanimous and the Council

Resolved That this Council commends the #FDANODELAY campaign and recognises that people living in hostels and other temporary/emergency accommodation across our society are homeless and deserve to be legally recognised as such by having Full Duty Applicant status awarded. This Council calls on the NIHE Chief Executive to respond outlining what measures the NIHE will now take to accurately audit the extent of the problem regarding homeless people who are not recognised as such and what steps will be taken to remedy these oversights.

C157/19 British/Irish Sign Language Charter

Councillors McKinney and Ferguson Moved

That this Council signs up to the British/Irish Sign Language charter and that officers bring a paper to a future meeting of the Governance and Strategic Planning Committee regarding the relaying of Council meetings in British/Irish Sign Language.

The Mayor advised that following a request from Councillors McKinney and Ferguson, that this Motion would be deferred until the July meeting of Council.

C158/19 Historical Institutional Abuse Inquiry

Councillor Cooper Moved, Seconded by Councillor McHugh

17 Page 17 That this Council endorse a motion calling on the British Secretary of State to immediately bring forward legislation that will deliver on the amended recommendations contained in the Historical Institutional Abuse Inquiry Report including financial compensation and an apology from government for the hurt and pain caused to children placed in various institutions and homes around the North as reported in the HIA Inquiry Report released by Sir Anthony Hart on the 20th January 2017.

The Mayor, Members from all parties and Independent Members welcomed members of the North West Survivor’s group who were seated in the public gallery.

Councillor Ferguson entered the meeting at this point.

After voting by a show of hands the result was unanimous and Council

Resolved that this Council endorse a motion calling on the British Secretary of State to immediately bring forward legislation that will deliver on the amended recommendations contained in the Historical Institutional Abuse Inquiry Report including financial compensation and an apology from government for the hurt and pain caused to children placed in various institutions and homes around the North as reported in the HIA Inquiry Report released by Sir Anthony Hart on the 20th January 2017.

C159/19 Television License Fees

Alderman Devenney Moved, Seconded by Alderman McCready

That this Council writes to the BBC to request that they overturn their decision to scrap the free TV licence for up to 3.7million people aged over 75 right across the United Kingdom.

Councillor Harkin proposed an amendment, Seconded by Councillor McCann

That this Council writes to the BBC to request that they overturn their decision to scrap the free TV licence for

18 Page 18 up to 3.7million people aged over 75 right across the United Kingdom.

Council notes the ultimate responsibility of the Tory Government and their partners for this attack on pensioners. Council stands in full solidarity with protests held against the cuts. We back the future planned protests calling for a reversal of this decision.

Council stands in solidarity with all pensioners who will refuse to pay the fee in protest.

After a query by Alderman Hussey regarding the Amendment, the Mayor advised that the Amendment was an addition to the original motion.

After voting by a show of hands on the Amendment, the result was as follows:

For – 28; Against – 3; Abstentions – 2.

The Amendment was therefore carried.

Councillor J Boyle Proposed a further Amendment, Seconded by Councillor Reilly

That this Council writes to the BBC to request that they overturn their decision to scrap the free TV licence for up to 3.7million people aged over 75 right across the United Kingdom.

Council notes the ultimate responsibility of the Tory Government and their partners for this attack on pensioners. Council stands in full solidarity with protests held against the cuts. We back the future planned protests calling for a reversal of this decision and further writes to DCMS Minister, Jeremy Wright, to outline our opposition to the imposition of such a demand on the people of our City and District.

Council stands in solidarity with all pensioners who will refuse to pay the fee in protest.

19 Page 19 Alderman McCready stated that part of the amendment would constitute Council breaking the law and asked for clarity on the matter.

Alderman Guy on a point of order, asked if it was appropriate for Council to support the breaking the law.

After voting by a show of hands on the Amendment the result was as follows:

For – 27; Against – 3; Abstentions – 2;

The Amendment was therefore carried and subsequently became the Substantive Motion.

That this Council writes to the BBC to request that they overturn their decision to scrap the free TV licence for up to 3.7million people aged over 75 right across the United Kingdom.

Council notes the ultimate responsibility of the Tory Government and their partners for this attack on pensioners. Council stands in full solidarity with protests held against the cuts. We back the future planned protests calling for a reversal of this decision and further writes to DCMS Minister, Jeremy Wright, to outline our opposition to the imposition of such a demand on the people of our City and District.

Council stands in solidarity with all pensioners who will refuse to pay the fee in protest.

Alderman Hussey proposed a further amendment, however after legal advice on the matter, he withdrew his request. He expressed concerns similar to Alderman McCready regarding the legalities of the motion.

After voting on the Substantive Motion by a show of hands the result was as follows:

For – 27, 0 – Against, Abstentions – 5. Therefore the Substantive Motion was carried and the Council

Resolved That this Council writes to the BBC to request that they overturn their decision to scrap the

20 Page 20 free TV licence for up to 3.7million people aged over 75 right across the United Kingdom.

Council notes the ultimate responsibility of the Tory Government and their partners for this attack on pensioners. Council stands in full solidarity with protests held against the cuts. We back the future planned protests calling for a reversal of this decision and further writes to DCMS Minister, Jeremy Wright, to outline our opposition to the imposition of such a demand on the people of our City and District.

Council stands in solidarity with all pensioners who will refuse to pay the fee in protest.

Aldermen Bresland and Devenney left the meeting at this point.

C160/19 Sports Pitches and Playing Areas at the Former Herdman’s Mill, Sion Mills

Alderman Hussey Moved, Seconded by Councillor Hunter

That Mindful of numerous efforts to resolve the access issue to sports pitches and playing areas associated with the former Herdman’s Mill in Sion Mills, Derry City and Strabane District Council resolves: For the last time to seek a resolution to enable access and long term use of the sports pitches and playing area associated with the former Herdman’s Mill in Sion Mills whilst also investigating the issues and producing a report to Council in regard to the potential vesting of these same areas.

Further: In the event that the matter cannot be amicably resolved within a three month period from this date, and subject to the above requested report, that Derry City and Strabane District Council will initiate Vesting Procedures on the sporting pitches, playing area and other relevant lands associated with the former Herdman’s Mill in Sion Mills to enable facility development for the benefit and wellbeing of residents of this Council area.

21 Page 21 Councillor McGuire requested that the Proposer defer the second paragraph of the motion as ongoing discussions were taking place with the current owner regarding issues surrounding the historic nature of the Mill. He stated that the latter part of Alderman Hussey’s Motion may jeopardise any ongoing work on a way forward. He then advised that Council wait on the outcome of those discussions before initiating Vesting Procedures.

The Mayor asked Councillor McHugh that if he wished for a section of the Motion to be removed, he would have to propose an amendment.

Alderman Hussey noted that the motion stated a three month period. He then requested a short recess to discuss the matter.

After the recess Councillor McGuire Proposed an Amendment, Seconded by Councillor Kelly

That Mindful of numerous efforts to resolve the access issue to sports pitches and playing areas associated with the former Herdman’s Mill in Sion Mills, Derry City and Strabane District Council resolves for the last time to seek a resolution to enable access and long term use of the sports pitches and playing area associated with the former Herdman’s Mill in Sion Mills whilst also investigating the issues and producing a report at the earliest opportunity to Council in regard to the potential vesting of these same areas.

Councillor Donnelly stated that the logical action to take would be to withdraw the Motion until discussions on the matter had taken place as this could hinder negotiations.

In response Alderman Hussey stated that the situation had been ongoing for several years and the people from the Sion Mills have had enough.

After voting on the Amendment by a show of hands the result was as follows:

For - 27, Against – 2, Abstentions 5, the Amendment was therefore carried and became the Substantive Motion.

22 Page 22 That Mindful of numerous efforts to resolve the access issue to sports pitches and playing areas associated with the former Herdman’s Mill in Sion Mills, Derry City and Strabane District Council resolves for the last time to seek a resolution to enable access and long term use of the sports pitches and playing area associated with the former Herdman’s Mill in Sion Mills whilst also investigating the issues and producing a report at the earliest opportunity to Council in regard to the potential vesting of these same areas.

After voting by a show of hands the result was as follows:

For – 27; Against – 2; Abstentions – 5; The Motion was therefore carried and the Council

Resolved That mindful of numerous efforts to resolve the access issue to sports pitches and playing areas associated with the former Herdman’s Mill in Sion Mills, Derry City and Strabane District Council resolves for the last time to seek a resolution to enable access and long term use of the sports pitches and playing area associated with the former Herdman’s Mill in Sion Mills whilst also investigating the issues and producing a report at the earliest opportunity to Council in regard to the potential vesting of these same areas.

C161/19 Changes to the Timing of Committee and Council Meetings

Councillor Farrell Moved, Seconded by Councillor Tierney

That this Council acknowledges that the current meeting schedule excludes sectors of our community from actively engaging in the democratic process; seeks to promote participation in democracy; and, following engagement with affected staff and trade union representatives, asks officers to bring a report to the September meeting of the Governance and Strategic Planning Committee which will consider changing the timing of all Committee and full Council meetings, with the exception of the Planning Committee, so that

23 Page 23 they commence at 6pm to improve democratic participation in local decision making.

The Mayor recalled previous times in the former Strabane District Council and was reminded of discussions during the transition process about the full-time nature of a Councillor role.

She noted that Councils were now being given more responsibilities and roles, but also appreciated that Members also had other forms of employment.

Councillor Reilly requested a short recess to discuss the matter.

After the recess Councillor Reilly Proposed an Amendment, Seconded by Councillor J Boyle

That this Council acknowledges that the current meeting schedule excludes sectors of our community from actively engaging in the democratic process; seeks to promote participation in democracy; and, following engagement with affected staff and trade union representatives, asks officers to bring a report to the September meeting of the Governance and Strategic Planning Committee which will consider changing the timing of all Committee and full Council meetings, with the exception of the Planning Committee, so that they commence at a time that improves democratic participation in local decision making.

After voting by a show of hands the result was unanimous and the Amendment became the Substantive Motion

That this Council acknowledges that the current meeting schedule excludes sectors of our community from actively engaging in the democratic process; seeks to promote participation in democracy; and, following engagement with affected staff and trade union representatives, asks officers to bring a report to the September meeting of the Governance and Strategic Planning Committee which will consider changing the timing of all Committee and full Council meetings, with the exception of the Planning Committee, so that

24 Page 24 they commence at a time that improves democratic participation in local decision making.

After voting on the Substantive Motion by a show of hands the result was unanimous and the Council

Resolved That this Council acknowledges that the current meeting schedule excludes sectors of our community from actively engaging in the democratic process; seeks to promote participation in democracy; and, following engagement with affected staff and trade union representatives, asks officers to bring a report to the September meeting of the Governance and Strategic Planning Committee which will consider changing the timing of all Committee and full Council meetings, with the exception of the Planning Committee, so that they commence at a time that improves democratic participation in local decision making.

C162/19 Welfare Mitigations

Councillor Jackson Moved, Seconded by Councillor Duffy

That this Council welcomes the range of reports recently published which highlight the serious risk of greater hardship for many within our community, if Welfare Mitigations do not continue beyond March 2020. These reports include; Welfare Reform: Mitigations on a Cliff Edge, Cliff Edge Coalition NI and NIAO: Welfare Reforms in NI.

Calls on all parties to support the need to continue Welfare Mitigations beyond March 2020 and further; Calls on the DfC to take all steps necessary to ensure the Mitigations scheme will continue to help the most vulnerable in our community.

Councillor Cusack Proposed an Amendment, Seconded by Councillor J Barr. That this Council welcomes the range of reports recently published which highlight the serious risk of greater

25 Page 25 hardship for many within our community, if Welfare Mitigations do not continue beyond March 2020. These reports include; Welfare Reform: Mitigations on a Cliff Edge, Cliff Edge Coalition NI and NIAO: Welfare Reforms in NI.

Acknowledges that in spite of assurances to the contrary, vulnerable claimants are currently being forced to pay the Bedroom Tax; calls on all parties to work together to establish an inclusive power sharing Executive that can continue the welfare mitigation package beyond March 2020 and calls on the DfC to take all steps necessary to ensure the Mitigations scheme will continue to help the most vulnerable in our community.

After voting by a show of hands on the Amendment the result was as follows:

For – 17; Against – 15; Abstentions – 1;

The Amendment was therefore carried and subsequently became the Substantive Motion

That this Council welcomes the range of reports recently published which highlight the serious risk of greater hardship for many within our community, if Welfare Mitigations do not continue beyond March 2020. These reports include; Welfare Reform: Mitigations on a Cliff Edge, Cliff Edge Coalition NI and NIAO: Welfare Reforms in NI.

Acknowledges that in spite of assurances to the contrary, vulnerable claimants are currently being forced to pay the Bedroom Tax; calls on all parties to work together to establish an inclusive power sharing Executive that can continue the welfare mitigation package beyond March 2020 and calls on the DfC to take all steps necessary to ensure the Mitigations scheme will continue to help the most vulnerable in our community.

26 Page 26 After voting by a show of hands on the Substantive Motion the result was as follows:

For – 31; Against – 3; Abstentions – 0;

The Substantive Motion was therefore carried and the Council

Resolved That this Council welcomes the range of reports recently published which highlight the serious risk of greater hardship for many within our community, if Welfare Mitigations do not continue beyond March 2020. These reports include; Welfare Reform: Mitigations on a Cliff Edge, Cliff Edge Coalition NI and NIAO: Welfare Reforms in NI.

Acknowledges that in spite of assurances to the contrary, vulnerable claimants are currently being forced to pay the Bedroom Tax; calls on all parties to work together to establish an inclusive power sharing Executive that can continue the welfare mitigation package beyond March 2020 and calls on the DfC to take all steps necessary to ensure the Mitigations scheme will continue to help the most vulnerable in our community.

C163/19 Climate Emergency

Councillor Durkan Moved, Seconded by Councillor Reilly

That This Council declares a climate emergency.

This Council notes that URGENT action is required at international, national, local and individual level to address the devastating impact of climate change.

This Council further notes that Council officers are currently working on the development of a Green Infrastructure Strategy and Climate Adaptation Plan. This Council recognizes the valuable work of environmental campaigners, young activists, pressure groups and other organisations and further recognizes the value of engaging

27 Page 27 with these groups in seeking to protect our citizens from the effects of climate breakdown.

This Council resolves to establish an all-party Climate Emergency Working Group to investigate and determine how Derry City and Strabane District should respond to the climate crisis, identifying mitigation measures that may be put in place as a matter of urgency.

After voting by a show of hands the result was unanimous and the Council

Resolved This Council declares a climate emergency.

This Council notes that URGENT action is required at international, national, local and individual level to address the devastating impact of climate change.

This Council further notes that Council officers are currently working on the development of a Green Infrastructure Strategy and Climate Adaptation Plan. This Council recognizes the valuable work of environmental campaigners, young activists, pressure groups and other organisations and further recognizes the value of engaging with these groups in seeking to protect our citizens from the effects of climate breakdown.

This Council resolves to establish an all-party Climate Emergency Working Group to investigate and determine how Derry City and Strabane District should respond to the climate crisis, identifying mitigation measures that may be put in place as a matter of urgency.

C164/19 Welfare Reform

Councillor Harkin Moved, Seconded by Councillor McCann

That Derry City and Strabane District Council agrees welfare reforms are inflicting great hardship on

28 Page 28 communities across Derry and Strabane. The amount of money taken from the Derry and Strabane economy through the imposition of welfare reform is estimated to be the equivalent of the City Deal every year. When welfare mitigations are withdrawn in March 2020, the damage will go even deeper.

Derry City and Strabane District Council calls for the scrapping of welfare reforms to be added to the list of red-line issues raised in talks on revival of the Assembly and the Executive. As an interim measure, Derry City and Strabane District Council calls for welfare mitigations to be extended and expanded.

Derry City and Strabane District Council will work with others to ensure that all in the DCSDC area are aware of the damage welfare reforms are doing, the assistance available to those affected by the reforms and the efforts of the Council to undo the reforms. Derry City and Strabane District Council resolves to convene a meeting of local representatives of trade unions, community organisations, advice groups and other relevant organisations to campaign for these goals.

Alderman Hussey Proposed an Amendment, Seconded by Alderman McCready

That Derry City and Strabane District Council agrees welfare reforms are inflicting great hardship on communities across Derry and Strabane. The amount of money taken from the Derry and Strabane economy through the imposition of welfare reform is estimated to be the equivalent of the City Deal every year. When welfare mitigations are withdrawn in March 2020, the damage will go even deeper.

Derry City and Strabane District Council calls for the scrapping of welfare reforms to be immediately addressed on revival of the Assembly and the Executive.

29 Page 29 Derry City and Strabane District Council will work with others to ensure that all in the DCSDC area are aware of the damage welfare reforms are doing, the assistance available to those affected by the reforms and the efforts of the Council to undo the reforms. Derry City and Strabane District Council resolves to convene a meeting of local representatives of trade unions, community organisations, advice groups and other relevant organisations to campaign for these goals.

After voting by a show of hands the result was as follows:

For – 26; Against – 6; Abstentions – 0; Therefore the Amendment was carried and became the Substantive Motion.

That Derry City and Strabane District Council agrees welfare reforms are inflicting great hardship on communities across Derry and Strabane. The amount of money taken from the Derry and Strabane economy through the imposition of welfare reform is estimated to be the equivalent of the City Deal every year. When welfare mitigations are withdrawn in March 2020, the damage will go even deeper.

Derry City and Strabane District Council calls for the scrapping of welfare reforms to be immediately addressed on revival of the Assembly and the Executive.

Derry City and Strabane District Council will work with others to ensure that all in the DCSDC area are aware of the damage welfare reforms are doing, the assistance available to those affected by the reforms and the efforts of the Council to undo the reforms. Derry City and Strabane District Council resolves to convene a meeting of local representatives of trade unions, community organisations, advice groups and other relevant organisations to campaign for these goals.

After voting by a show of hands the result was as follows: For – 26; Against – 6; Abstentions - 0. The Substantive Motion was

30 Page 30 therefore carried and the Council

Resolved That Derry City and Strabane District Council agrees welfare reforms are inflicting great hardship on communities across Derry and Strabane. The amount of money taken from the Derry and Strabane economy through the imposition of welfare reform is estimated to be the equivalent of the City Deal every year. When welfare mitigations are withdrawn in March 2020, the damage will go even deeper.

Derry City and Strabane District Council calls for the scrapping of welfare reforms to be immediately addressed on revival of the Assembly and the Executive.

Derry City and Strabane District Council will work with others to ensure that all in the DCSDC area are aware of the damage welfare reforms are doing, the assistance available to those affected by the reforms and the efforts of the Council to undo the reforms. Derry City and Strabane District Council resolves to convene a meeting of local representatives of trade unions, community organisations, advice groups and other relevant organisations to campaign for these goals.

C165/19 Graduate Entry Medical School at Magee

Councillor Duffy Moved, Seconded by Councillor Jackson

That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

That this Council calls on the Department of Health to sign off on the ’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project

31 Page 31 over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

Councillor McCloskey Proposed an Amendment, Seconded by Alderman Hussey

That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

That this Council calls on the Department of Health to sign off on the Ulster University’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

That this Council calls on all MLAs to urgently reconvene the institutions for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

Councillors Carr, Donnelly, Gallagher and Hunter left the meeting at this point.

After voting on the Amendment by a show of hands the result was as follows:

For – 26; Against – 0; Abstentions – 1; The Amendment was therefore carried.

32 Page 32 Councillor Duffy Proposed a further Amendment, Seconded by Councillor Jackson

That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

That this Council calls on the Department of Health to sign off on the Ulster University’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

That this Council calls on all MLAs to urgently reconvene the institutions on the basis of rights and equality for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

For – 24; Against – 1; Abstentions - 2. The Amendment was therefore carried.

Councillor McLaughlin Proposed a further amendment, Seconded by Councillor Reilly

That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

33 Page 33 That this Council calls on the Department of Health and the Head of the Civil Service to sign off on the Ulster University’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

That this Council calls on all MLAs to urgently reconvene the institutions on the basis of rights and equality for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

For – 25; Against – 0; Abstentions - 2. The Amendment was therefore carried and became the Substantive Motion

That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

That this Council calls on the Department of Health and the Head of the Civil Service to sign off on the Ulster University’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

34 Page 34 That this Council calls on all MLAs to urgently reconvene the institutions on the basis of rights and equality for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

After voting on the Substantive Motion by a show of hands, the result was as follows:

For – 25; Against – 0; Abstentions – 2. The Substantive Motion was therefore carried and the Council

Resolved That this Council welcomes the £105 million funding secured, as part of the North West Inclusive Growth Deal, of which the Graduate Entry Medical School is a main catalyst project.

That this Council calls on the Department of Health and the Head of the Civil Service to sign off on the Ulster University’s plan for a Graduate Entry Medical School at Magee.

The Council notes the widespread support for the social, economic and medical necessity of this project over many years, from all political, civic, business representatives and in particular the leaders of the 5 largest political parties.

That this Council calls on all MLAs to urgently reconvene the institutions on the basis of rights and equality for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

35 Page 35 Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

C166/19 Delivery of the Graduate Entry Medical School at Magee

Councillor McCloskey Moved

That this Council calls on all MLAs to urgently reconvene the institutions for the purposes of ensuring delivery of the Graduate Entry Medical School (GEMS) at Magee Campus given the upcoming deadline to ensure student intake for the year 2020.

Given the Cross Party support for the GEMS that this Council writes to every member of the Northern Ireland Assembly requesting they do what is necessary to get this project underway immediately.

Councillor McCloskey included her motion as an amendment to the previous motion, therefore she requested that this be withdrawn.

C167/19 Climate Change

Councillor McCann Moved, Seconded by Councillor Harkin

Councillor McCann referred to the Motion passed by Councillor Durkan regarding the climate emergency and subsequently asked that the sentence ‘Council declares a Climate Emergency’ be removed from the Motion.

That This Council notes the recent IPCC (Intergovernmental Panel on Climate Change) report on the impact of climate breakdown and agrees that drastic measures must be taken to mitigate the risks.

Council requests an urgent report assessing the impact of the activities of Derry and Strabane Council on greenhouse gas emissions. Council must aim for Derry and Strabane to move away entirely from fossil fuels and towards renewable energy sources.

36 Page 36 Council congratulates the Extinction Rebellion movement and other activists who have recently protested here and across the world to highlight the threat of climate catastrophe. Council supports the global climate strike set for September 20th next.

Council urges other local Councils to follow suit and also declare a Climate Emergency.

Council recognises that trains are the cleanest means of mass transportation available to us. Council calls for and will campaign for the completion of Phase Three of the promised upgrade of the Derry-Coleraine line.

Council agrees to establish a multi-agency team across the council area including government departments, political parties and other relevant agencies to ensure that tackling the causes of climate change is an immediate priority.

Councillor R Barr left at this point in the meeting.

Councillor Reilly stated that the SDLP had considered tabling a motion regarding the rail issue. Whilst he accepted it had been incorporated into Councillor McCann’s Motion, a public campaign had been launched by ‘Into the West’ to implement phase 3 of the project. He stated that he had raised at a previous meeting of the Environment and Regeneration Committee that Translink and senior officials from DfI be invited to a meeting to inform Members of any plans for investment in the rail service and requested an update on the matter. He stated that Into the West were due to present at the meeting of the Governance and Strategic Planning Committee on 2 July 2019, therefore it would be useful to have that update prior to the meeting.

Councillor McCready Proposed an Amendment, Seconded by Alderman Guy

That This Council notes the recent IPCC (Intergovernmental Panel on Climate Change) report on the impact of climate breakdown and agrees that drastic measures must be taken to mitigate the risks.

Council requests an urgent report assessing the impact of the activities of Derry and Strabane Council

37 Page 37 on greenhouse gas emissions. Council must aim for Derry and Strabane to move away entirely from fossil fuels and towards renewable energy sources.

Council urges other local Councils to follow suit and also declare a Climate Emergency.

Council recognises that trains are the cleanest means of mass transportation available to us. Council calls for and will campaign for the completion of Phase Three of the promised upgrade of the Derry-Coleraine line.

Council agrees to establish a multi-agency team across the council area including government departments, political parties and other relevant agencies to ensure that tackling the causes of climate change is an immediate priority.

After voting by a show of hands the result was as follows:

For – 3; Against – 24; Abstentions – 0; Therefore the Amendment fell.

After voting by a show of hands on the original motion the result was as follows:

For – 24; Against - 0; Abstentions – 3 and the Council

Resolved Council notes the recent IPCC (Intergovernmental Panel on Climate Change) report on the impact of climate breakdown and agrees that drastic measures must be taken to mitigate the risks.

Council requests an urgent report assessing the impact of the activities of Derry and Strabane Council on greenhouse gas emissions. Council must aim for Derry and Strabane to move away entirely from fossil fuels and towards renewable energy sources.

Council congratulates the Extinction Rebellion movement and other activists who have recently protested here and across the world to highlight the

38 Page 38 threat of climate catastrophe. Council supports the global climate strike set for September 20th next.

Council urges other local Councils to follow suit and also declare a Climate Emergency.

Council recognises that trains are the cleanest means of mass transportation available to us. Council calls for and will campaign for the completion of Phase Three of the promised upgrade of the Derry-Coleraine line.

Council agrees to establish a multi-agency team across the council area including government departments, political parties and other relevant agencies to ensure that tackling the causes of climate change is an immediate priority.

Open for Information

C168/19 Resolutions from Other Councils

The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to resolutions from other councils.

Alderman Hussey referred to correspondence from the Chief Executive of Ards and North Down Borough Council regarding UK’s first national memorial dedicated to all emergency service personnel who have served or been killed in the course of their duties. Alderman Hussey Proposed, Seconded by Councillor McCready That Council respond to the request from Ards and North Down Borough Council to place on record our support for the creation of a national monument to act as a symbol of eternal gratitude for all emergency services personnel who have served or been killed in the course of their duties.

Councillor Duffy stated that Sinn Féin were reluctant to place on record her party’s support before having more information on the matter and requested further details.

39 Page 39 Alderman Hussey read the correspondence received from Ards and North Down Borough Council and stated that all the required information was contained within the Motion from that Council.

Councillor Duffy reiterated that further information was required on the matter.

Councillor Reilly stated that the SDLP had sought guidance from other councils on the matter. He stated that the intention to build a memorial was of no expense to the rate payer but was an opportunity to show support for those in emergency services who had lost their lives during the course of their duties may it be the fire service, ambulance, police or indeed organisations such as Foyle Search and Rescue. He stated that it was an opportunity to pay tribute to their bravery whilst carrying out their duty and endorsed the proposal.

Alderman Hussey Proposed, Seconded by Councillor McCready

That Council respond to the request from Ards and North Down Borough Council to place on record our support for the creation of a national monument to act as a symbol of eternal gratitude for all emergency services personnel who have served or been killed in the course of their duties.

After voting by a show of hands the result was as follows: For – 13; Against – 12; Abstentions – 2. The proposal was therefore carried and the Council

Resolved That Council respond to the request from Ards and North Down Borough Council to place on record our support for the creation of a national monument to act as a symbol of eternal gratitude for all emergency services personnel who have served or been killed in the course of their duties.

C169/19 Responses to Motions

The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to Motions passed by Council.

40 Page 40 Members were asked to note the content of the report.

C170/19 Sealing List June 2019 Councillor J Boyle Moved, Councillor Reilly Seconded and the Council

Resolved that the seal of the Council be affixed to the following documents Sealing List June 2019

Documents Sealed 1st April 2019

Deed of Dedication in duplicate:- Derry City and Strabane District Council ~and~ The Executive Office relating to Foyle Valley Railway Museum

Documents Sealed 15th April 2019

Transfer Deed in triplicate:- NIHE and Derry City ~to~ Strabane District Council relating to land at Heron Way (Clooney Greenway)

Documents Sealed 30th April 2019

Letter of Offer in duplicate:- Invest Northern Ireland funded by ERDF ~and~ Derry City and Strabane District Council relating to LED2 – Business Innovation & Growth Programme

Document Sealed 1st May 2019

Lease:- Edmond Simpson to Derry City and Strabane District Council relating to Unit 16B Pennyburn Industrial Estate, Derry

Documents Sealed 10th May 2019

Deed of Rectification and Grant of Easement in triplicate:- The Old Library Trust ~and~ Derry City and Strabane District Council relating to property at Central Drive, Creggan, Derry.

Documents Sealed 5th June 2019

41 Page 41 Licence Agreement in duplicate:- Guild Café Ltd and Derry City Council relating to café operation at The Foyle Arena, Derry.

Documents Sealed 11th June 2019

Contract in duplicate:- Derry City and Strabane District Council and Loganair Limited relating to the Supply of Air Services between City of Derry Airport and London.

Documents Sealed 13th June 2019

Agreement in duplicate:- Strabane BID Company Limited and Derry City and Strabane District Council relating to Strabane Score Site, Dock Street, Strabane.

Documents Sealed 14th June 2019

Transfer Deed in triplicate:- Derry City and Strabane District Council and The Education Authority relating to lands at Nelson Drive, Elder Crescent/Rear of the New Ebrington Primary School.

Documents Sealed 27th June 2019

Grants of Right of Burial in Ballyoan Cemetery

Ms Gemma McConomy, 125 Clonmeen Drive, Derry, BT47 6UX Miss Elizabeth Dobbs, 24 Prehen Park, L’derry, BT47 2NY. Mr Steven McMahon, 185 Lincoln Courts, L’derry, BT47 5NX. Mr David Campbell, 7 Esker Gardens, Caw, CT47 6TN. Mrs Alison Spence, 4 Ballyore Drive, Newbuildings, L’derry, BT47 2TH. Mr Andy Withy, 9 Hillview Court, Gransha Road, Buncrana.

42 Page 42 Mrs Barbra Scott, 25 Lansdowne Road, Kilfennan, BT47 5QT. Mr Ian Doherty, 5 Henderson Park, Maydown, BT47 6US. Mr Mark Pollin, 3 Moymore Place, Strathfoyle, Derry, BT47 6XN. Mrs Jennifer Simpson, 144 Ardanlee, Culmore, BT48 8RR. Ms Doreen Villa, 12 Eskaheen View Waterside BT47 2EP Mrs Margaret Keys, 12 Lapwing Way, L’Derry BT47 6LM Mrs Mary Birney, 33 Richill Park, L’Derry BT47 5QY Mr Alex Cheung, 12 Pelham Road, L’Derry BT47 6FF

Grants of Right of Burial in City Cemetery

Mr Gary O’Doherty, 209 Cornshell Fields, Derry, BT48 7UG. Mrs Eileen Healy, 2 Malin Gardens, Derry, BT48 9NQ. Mrs Florie Crerand, 484 Carnhill, Derry, BT48 8BX. Mrs Rose Hanly, 17 Dundrean Park, Derry, BT48 8FZ. Mrs Bridie Duffy, 36 Moore Walk, Derry, BT48 6UZ. Mr Joseph B Morrison, 14 Glenbrook House, Glenbrook Terrace, Derry BT48 0JG. Audrey Barr, 34 Moyola Drive, Derry, BT48 8EF. Mrs Catherine Barr, 7 Chippendale Park, Derry, BT48 0NR. Mrs Maeve McGowan, 9 Camelia Court, Derry, BT47 2EL. Mrs Monica Doherty, 73 Marlborough Street, Derry, BT48 9AX. Mrs Eileen Stevenson, 36 Westway, Derry, BT48 9NX. Ms Aishling Gallagher, 47 Ivy Mead Mews, Derry BT47 3FH Mr Seosamh O’Labhrat, 36 Brookhill, Derry BT48 8PJ Ms Julie McCartney, 6 Rosemount Gardens, Derry BT48 0HW

43 Page 43 Mrs Patricia Deehan, 75 St Johns Park, Derry BT48 8AL Mr John Doherty, 8 Harty Court, Ballymagroaty, Derry BT48 0JR Mr John Logue, 21 Ashthorpe, Trench Road, BT47 2DH Mr Alex Crumlish, 87 Clonelagh, Skeoge Road, BT48 8TF Mr San Craig, Apt, 2 3 Woodleigh Terrace, Derry, BT48 7EI

Grant of Right of Burial in Claudy Cemetery

Mrs Irene Moyse, 42 Woodburn Park, L’derry, BT47 3PS.

Grants of Right of Burial in Ardstraw Burial Ground

Roy Caldwell, 10 Lislafferty Road, Newtownstewart, Co Tyrone, BT78 4NB Gordon Watson, 21 Abbey Villas, Ardstraw, Co Tyrone, BT78 4HJ

Grants of Right of Burial in Aughalane Burial Ground

Ronald Orr, 70 Letterbratt Road, Plumbridge, Omagh, Co Tyrone, BT79 8DN

Grants of Right of Burial in Castlederg Burial Ground

Lesley Vennard, 11 Glenview, Killen, Castlederg, Co Tyrone, BT81 7RS

Grants of Right of Burial in Mountcastle Burial Ground

Stephen Connor, 64 Kinsale Park, Caw, Londonderry, BT47 6NW

Grants of Right of Burial in Strabane Burial Ground

44 Page 44 Colin Joseph Foskett, 25 Grangewood, Strabane, Co Tyrone, BT82 8GW Mark McGonagle, 1 Alexander Place, Strabane, Co Tyrone, BT82 8BE Tomasz Robacka, 151 Lower Main Street, Strabane, Co Tyrone, BT82 8BB Aimee McAdams, 18 Ballee Grove, Strabane, Co Tyrone, BT82 8RP Louise Logue, 3 Townsend Terrace, Strabane, Co Tyrone, BT82 8JZ Martin Mullen, 137A Melmount Road, Sion Mills, Strabane, Co Tyrone, BT82 9PY

Grants of Right of Burial in Urney Burial Ground

Sandra Johnston, 43 Leckpatrick Road, Artigarvan, Strabane, Co Tyrone, BT82 0HB William Hamilton, 5 Millhaven, Sion Mills, Strabane, Co Tyrone, BT82 9FG

C171/19 Local Government Act (Northern Ireland) 2014 – Confidential Business

Councillor J Boyle Moved, Councillor Reilly Seconded and the Council

Resolved that in accordance with Section 42, Sub Sections (2) or (4) of the Local Government Act (Northern Ireland) 2014, the press and members of the public be asked to withdraw whilst the Council discuss the following matters: (a) Adoption of the Confidential Minutes of the Meeting of Derry City and Strabane District Council held on 26 March 2019;

(b) Adoption of the Confidential Minutes of the following Committees

(i) Monthly Governance and Strategic Planning Committee held on Tuesday 4 June 2019 (ii) Monthly Planning Committee held on Wednesday 5 June 2019.

45 Page 45 (iii) Monthly Business and Culture Committee held on Tuesday 11 June 2019. (iv) Monthly Environment and regeneration Committee held on Wednesday 12 June 2019. (v) Monthly Health and community Committee held on Thursday 13 June 2019.

The Meeting then went into Confidential Business.

46 Page 46 Agenda Item 8

Derry City and Strabane District Council

Minutes of Meeting of the Special Meeting of Derry City and Strabane District Council (Open) held in the Guildhall, Derry on Thursday 4 July 2019 at 4.00 pm

Present:- Councillor M Boyle (Mayor) (In the Chair); Aldermen Bresland, Devenney, Guy, Hussey, Kerrigan and Warke; Councillors J Barr, R Barr, J Boyle, Carr, Cooper, Cusack, Donnelly, Duffy, Durkan, Farrell, Ferguson, Fleming, Gallagher, Harkin, Hunter, Jackson, McCloskey, R McHugh, J McKeever, McLaughlin, Mellon, Reilly and Tierney.

In Attendance:- In Attendance:- Chief Executive (Mr J Kelpie), Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Democratic Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T Johnstone).

SC31/19 Notice and Summons for Meeting

The Chief Executive read the Notice and Summons for the Meeting.

SC32/19 Member Attendance and Apologies

The Chief Executive took the roll call and apologies were received from Aldermen McClintock, McCready and Ramsey and Councillors Dobbins, Kelly, Logue, McCann, McGuire and McKinney.

SC33/19 Webcasting Notice

The Mayor read the webcasting notice.

SC34/19 Declaration of Members' Interests

There were no Declaration of Members’ Interests.

SC35/19 Suspension of Standing Orders

Page 47 2

Councillor Reilly Proposed a suspension of Standing Orders Seconded by Councillor J Boyle.

He stated that he wished to discuss an issue regarding online merchant Amazon who were currently selling ‘Soldier F’ merchandise and demanded that they urgently remove it.

After voting by a show of hands, the result was as follows:

For – 24; Against – 6; Abstentions 0. The Proposal was therefore carried and the Mayor invited Councillor Reilly to address the Chamber.

Councillor Reilly thanked the Mayor and Members in the Chamber for agreeing to suspend Standing Orders. He stated that discussions had taken place at the meeting of the Governance and Strategic Planning Committee on 2 July 2019, and that since then the SDLP had been made aware of a number of products which had appeared on sale on Amazon which contained slogans supporting those responsible for the death of unarmed civil rights protesters in the City in 1972. He stated that the individual referred to as ‘Soldier F’, was currently awaiting trial for the murder of James Wray and William McKinney as well as the attempted murders of Joseph Friel, Michael Quinn, Joe Mahon and Patrick O’Donnell when the Parachute Regiment opened fire during a civil rights march on 30 January 1972.

Continuing, he stated that the actions by the soldiers that day were described by former Prime Minister of Great Britain, David Cameron, as unjustified and unjustifiable after the publication of the Savile Report into Bloody Sunday. He further stated that the family members of those gunned down on Bloody Sunday continued to fight for truth, justice and accountability. He hoped that Members would agree that it was grossly offensive and insensitive to those who had lost loved ones on Bloody Sunday, to see people wearing merchandise supporting a man charged with the murder of their family members. He stated that the SDLP had spoken to family members regarding the matter and were therefore requesting that Council support the proposal in acknowledgement of the pain and suffering endured by those families.

Councillor Reilly Proposed, Seconded by Councillor Cooper

That this Council writes to Amazon calling on them to urgently remove from sale the merchandise relating to Soldier F from their platform in acknowledgement

Page 48 3

of the pain and loss endured by Bloody Sunday families. Councillor Cooper stated that there had been a number of constituents, including Bloody Sunday relatives who had raised this particular issue and the ongoing distress and hurt it had caused. He noted that some constituents had contacted Amazon personally to request that the items be withdrawn and stated that Council, given its position on Bloody Sunday in terms of supporting the outcome of the Savile Inquiry and supporting the families on their ongoing pursuit of justice through the criminal courts, should also write to the company and ask them to take a common sense approach particularly when the individual had been charged with murder and attempted murder and withdraw those items from sale.

Alderman Devenney stated that on behalf DUP, he would not be supporting the proposal. He stated that the Amazon website also sold republican merchandise yet there had been no mention of this. He stated that it was a very sensitive time of the year and that raising this matter was not helping the situation. He described the removal of flags and banners as an ‘onslaught’ towards the Protestant Unionist, Loyalist (PUL) culture and identity. Concluding, he added that any flags that were removed would be replaced.

Alderman Hussey stated that it was his understanding that merchandise relating to Soldier F had appeared in the public gallery of the House of Commons and the Speaker of the House refused to ask these to be removed. He stated that in his opinion, the decision had been made from the heart of the government of the United Kingdom, that the merchandise was not illegal, therefore why would Council prevent a private company from selling items that were deemed legal.

Councillor Harkin thanked Councillor Reilly for bringing forward the Proposal. He emphasised the importance of Council taking a stand on the matter and that there had been a lot of discussion regarding the recent Motion passed at City Council on the same issue. He stated that he wished to clarify the position of People Before Profit (PBP) on the matter. He stated that PBP demanded that Soldier F banners and Parachute Regiment flags should be taken down as they were offensive and should not play any role within society. He asked those who put them up to see sense and remove them as quickly as possible. He stated that PBP shared in the families disappointment at the announcement that only one soldier would be charged by the Public Prosecution Service. He stated that PBP still maintain that those

Page 49 4 soldiers who caused murder and mayhem on Bloody Sunday and at Ballymurphy, be brought to account.

Councillor Harkin then proposed an amendment to the proposal. He described the motion by as vague as it gave no mention to Soldier F banners or Parachute Regiment flags. He then proposed that this Council condemns the flying and support of Soldier F and Parachute Regiment flags and demand that they be taken down as soon as possible.

Alderman Hussey referred to standing order 17.1 on the matter. Councillor Cooper referred to the Proposal that was carried at the Governance and Strategic Planning Committee on 2 July and enquired if the Amendment would supersede that Proposal.

The Mayor referred to Standing Orders 17.1 and stated that to amend a proposal ‘an amendment must be legitimate and within the scope of the notice convening the meeting. It must not be a direct negative, must be relevant to the proposal which it seeks to amend and not be inconsistent with anything already agreed upon at the same meeting. An amendment must relate solely to the proposal which it seeks to amend and not be, in effect, a new proposition on a different matter and must not place a greater responsibility on the meeting than the original proposal.’

She therefore advised that the Amendment could not be accepted.

Councillor Reilly stated that the SDLP Party Leader Colm Eastwood had also made representation to Amazon, however it was important that Council also took the opportunity to do so. He stated that the Parachute Regiment and the wider Ministry of Defence had also placed their views on record that those particular items were not helpful. He referred to Alderman Hussey’s remarks regarding the House of Commons and stated that the Ministry of Defence and the Parachute Regiment had already indicated that the use of their emblem on items other than their uniform was unsuitable. He stated that Bloody Sunday families had informed him that the sale of those items had brought further stress and heartache to them.

Councillor Harkin stated that he did not understand why his amendment was refused. He described it as a bureaucratic method to prevent further discussion on the matter.

Page 50 5

The Mayor again referred to Standing Order 17.1 and advised that this was the due process within Council.

Councillor Donnelly referred to Alderman Hussey’s remarks and stated that it was important to send a message from the heart of this city that those flags were not acceptable. He stated that the flags were flown to add to the tensions that already existed. He then referred to Alderman Devenney’s remarks and stated the DUP had recently refused to support a motion supporting senior citizens who would refuse to pay their television licence as it was illegal. However he stated when it came to creating sectarian tensions in the city they were quite prepared to break the law.

In response to a query by Alderman Hussey regarding Standing Orders, the Mayor advised that Standing Orders had been suspended for a discussion on the matter to take place.

Councillor R Barr stated that he had been present at the civil rights march on Bloody Sunday and was one of the last people to speak to James Wray before he was killed. He expressed abhorrence that these particular items were on sale on a public website, adding more hurt and injury to families that had already suffered enough over the past 47 years.

Councillor Harkin stated that PBP would be supporting the proposal, however he expressed his disappointment that his amendment had not been accepted. He stated that PBP demanded that the aforementioned flags and banners be removed from sale as soon as possible and that those banners and flags showing support for Soldier F and the Parachute Regiment that had brought so much pain to the people of the City should be taken down by the Department for Infrastructure.

Councillor Reilly Proposed, Seconded by Councillor R Barr That this Council writes to Amazon calling on them to urgently remove from sale the merchandise relating to Soldier F from their platform in acknowledgement of the pain and loss endured by Bloody Sunday families. After voting by a show of hands the result was as follows:

For – 24; Against – 6; Abstentions – 0. The Proposal was therefore carried and the Council

Page 51 6

Resolved that this Council writes to Amazon calling on them to urgently remove from sale the merchandise relating to Soldier F from their platform in acknowledgement of the pain and loss endured by Bloody Sunday families.

SC36/19 Appointment of Members to External Bodies

The Chief Executive advised that further to the Annual Meeting of Council on 20 May 2019, it was agreed that in relation to nominations to external bodies that the D’Hondt system would be applied i.e. all positions on those bodies are collectively identified and filled. Furthermore, it was agreed at the Annual Meeting that nomination to external bodies would not be presented at the relevant Committee but to this Special Meeting of Council. He noted that Elected Member positions were required on 69 external bodies and this excluded allocations previously made to specific positions of responsibility and committees. He stated that there were positions assigned to the Mayor and also to all Members of Council as well as positions for a particular Chair of a Committee.

He further advised that the external body for the Management Committee, Rosemount Resource Centre was omitted from the list in error and that the list of external bodies be amended accordingly.

Councillor Reilly stated that on the list of external bodies there were some council owned community managed centres whilst at the same time others had not been included. He asked for a review in relation to council owned centres and that a report be presented on the governance structures and the role of Elected Members on those bodies.

Councillor Reilly Proposed, Seconded by Councillor Tierney

That Council undertake a review of the Elected Member involvement and role on those boards on all Council owned community managed centres and a report be brought to the relevant committee.

Members unanimously agreed and the Council

Resolved that Council undertake a review of the Elected Member involvement and role on those boards

Page 52 7

on all Council owned community managed centres and a report be brought to the relevant committee.

The nominations to the External Bodies were as follows:

Advice Services Panel (4 Representatives)

Councillor Fleming (SF) Alderman McClintock (DUP) Councillor Farrell (SDLP) Councillor Harkin (PBP)

Advising Diversity Steering Group (PEACE IV Project) (5 Representatives)

Councillor Jackson (SF) Councillor McCann (PBP) Councillor Farrell (SDLP) Councillor Ferguson (Alliance) Councillor R Barr (IND)

Advisory Committee - Caw Centre (4 Representatives)

Alderman Guy (UUP) Alderman McClintock (DUP) Councillor Reilly (SDLP) Alderman Warke (DUP)

Advisory Committee to the Honourable Irish Society (Mayor + 3 Representatives)

Councillor M Boyle (Mayor) Alderman McClintock (DUP) Councillor Dobbins (SDLP) Alderman Guy (UUP)

Advisory Committee - Tullyally Community Centre (3 Representatives)

Alderman Guy (UUP) Alderman McClintock (DUP) Councillor Reilly (SDLP)

Page 53 8

Age NI: NW Ageing Well Together Strategic Partnership (Mayor of Council)

Councillor M Boyle (Mayor)

APSE All Members of Council APSE – Pilot Executive Board (1 Representative) Councillor Reilly (SDLP)

Board of C-TRIC (1 Representative) Councillor Farrell (SDLP)

Board of Derry Theatre Trust (3 Representatives) Councillor Cusack (SDLP) Councillor Cooper (Sinn Féin) Alderman Warke (DUP)

Board of Directors – Visit Derry (3 Representatives plus Mayor) Councillor M Boyle (Mayor) Councillor Cusack (SDLP) Councillor Cooper (Sinn Féin) Alderman Warke (DUP)

Board of ERNACT EEIG (2 Representatives) Councillor Reilly (SDLP) Councillor Cooper (SF)

Board of North West Carnival Initiative (1 Representative) Councillor McCloskey (Aontú)

Board of Walled City Partnership (3 Representatives) Councillor Jackson (SF) Councillor J Boyle (SDLP) Alderman Warke (DUP)

CCTV Partnership (3 Representatives) Councillor Jackson (SF) Alderman McCready (DUP) Councillor J Boyle (SDLP)

Civic Forum - All Members of Council

CODA- Board of Directors (3 Representatives plus Mayor ex-

Page 54 9 officio Member) Councillor M Boyle (Mayor) Councillor Fleming (SF) Councillor J Boyle (SDLP) Alderman McCready (DUP)

Committee of Board of City Centre Initiative - Executive Group (4 Representatives) Councillor McLaughlin (SDLP) Councillor Logue (SF) Alderman Warke (DUP) Councillor Carr (IND)

Court of the University of Ulster (1 Representative) Councillor McLaughlin (SDLP)

Derry and Strabane Local Action Group (Rural Development) (11 Representatives) Alderman McCready (DUP) Councillor Ferguson (Alliance) Alderman Devenney (DUP) Councillor McGuire (SF) Councillor Fleming (SF) Councillor McKeever (SDLP) Councillor Hunter (SDLP) Councillor Gallagher (IND) Councillor McHugh (SF) Councillor R Barr (IND) Councillor Dobbins (SDLP)

District Sports Committee (4 Representatives) Councillor McHugh (SF) Councillor Tierney (SF) Councillor Harkin (PBP) Councillor R Barr (IND)

Foyle and District Road Safety Committee (4 Representatives) Councillor McKinney (Alliance) Councillor Dobbins (SDLP) Alderman Devenney (DUP) Councillor Logue (SF)

Glenelly Action Plan Committee (5 Representatives) Councillor Kelly (SF)

Page 55 10

Alderman Bresland (DUP) Councillor J Barr (SDLP) Alderman Devenney (DUP) Councillor Gallagher (IND)

IESE Board (1 Representative) – Chair of Governance and Strategic Planning Committee Councillor McKeever (SDLP)

International Appalachian Trail Working Group (2 Representatives) Councillor McCann (PBP) Councillor McGuire (SF)

Joint Management Committee – Council and EA (4 Representatives) Councillor Durkan (SDLP) Councillor Mellon (SF) Councillor McKinney (Alliance) Alderman McClintock (DUP)

Local Growth Partnership Boards (All Members from the Respective DEA)

Management Advisory Group - Bishop Street Community Centre (2 Representatives) Councillor Donnelly (IND) Councillor Logue (SF)

Councillor Reilly advised that he had to leave the meeting and stated that Councillor Tierney would present the remaining allocations on behalf of SDLP.

Management Advisory Group - Shantallow Community Centre (5 Representatives) Councillor Duffy (SF) Councillor Tierney (SDLP) Councillor McCloskey (Aontú) Councillor Mellon (SF) Councillor Farrell (SDLP)

Management Committee – Advice North West (5 Representatives) Alderman Devenney (DUP)

Page 56 11

Councillor Dobbins (SDLP) Councillor Jackson (SF) Councillor Harkin (PBP) Councillor Donnelly (IND)

Management Committee Dove House (2 Representatives) Councillor J Boyle (SDLP) Councillor Logue (SF)

Management Committee - Lincoln Courts Community Centre (5 Representatives) Alderman McClintock (DUP) Alderman Warke (DUP) Councillor Jackson (SF) Alderman Devenney (DUP) Councillor Fleming (SF)

Management Committee - Pilot's Row Community Centre (5 Representatives) Councillor Burke (SF) Councillor J Boyle (SDLP) Councillor Donnelly (IND) Councillor Carr (IND) Councillor Logue (SF)

Management Committee - Rosemount Resource Centre (2 Representatives) Councillor Cooper (SF) Councillor Cusack (SDLP)

Management Committee – The Resource Centre (3 Representatives) Councillor Tierney (SDLP) Councillor Carr (IND) Councillor Mellon (SF)

Mournederg Action Plan Committee (5 Representatives) Councillor Hunter (SDLP) Alderman Hussey (UUP) Alderman Kerrigan (DUP) Councillor McHugh (SF) Councillor McGuire (SF)

National Association of Councillors (8 Representatives)

Page 57 12

Alderman Bresland (DUP) Alderman Kerrigan (DUP) Alderman Devenney (DUP) Councillor Kelly (SF) Councillor McKeever (SDLP) Alderman McCready (DUP) Councillor Mellon (SF) Councillor McLaughlin (SDLP)

National Autistic Society (5 Representatives) Councillor Donnelly (IND) Councillor Dobbins (SDLP) Councillor Hunter (SDLP) Councillor Burke (SF) Councillor Ferguson (Alliance)

Neighbourhood Renewal Partnership - Cityside (Triax) (4 Representatives) Councillor Logue (SF) Councillor Burke (SF) Councillor J Boyle (SDLP) Councillor Cusack (SDLP)

Neighbourhood Renewal Partnership -Outer North (4 Representatives) Councillor McCloskey (Aontú) Councillor Duffy (SF) Councillor Mellon (SF) Councillor Tierney (SDLP)

Neighbourhood Renewal Partnership: Outer West (5 Representatives) Councillor Cooper (SF) Councillor Harkin (PBP) Councillor Cusack (SDLP) Councillor Carr (IND) Councillor Durkan (SDLP)

Neighbourhood Renewal Partnership - Strabane (3 Representatives) Councillor Kelly (SF) Alderman Bresland (DUP) Councillor J Barr (SDLP)

Page 58 13

Neighbourhood Renewal Partnership: Waterside (4 Representatives) Alderman McClintock (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor McLaughlin (SDLP)

Newtownstewart & District Community Development Association (1 Representative) Alderman Kerrigan (DUP)

NI Amenity Council (1 Representative) Councillor Jackson (SF)

NI Local Gov. Association (8 Representatives) Councillor McGuire (SF) Alderman Bresland (DUP) Councillor Fleming (SF) Councillor McKeever (SDLP) Alderman Kerrigan (DUP) Councillor Ferguson (Alliance) Alderman Hussey (UUP) Alderman Devenney (DUP) NILGA Executive Committee (2 Representatives from 8 above) Councillor McGuire (SF) Councillor McKeever (SDLP)

NILGA Policy and Learning Network – Elected Member Development (1 Representative) Councillor Tierney (SDLP)

NILGA Policy and Learning Network – Health, Social and Environmental Wellbeing (1 Representative) Councillor Gallagher (IND)

NILGA Policy and Learning Network – Local Economic Development, Investment and International Affairs (1 Representative) Councillor McLaughlin (SDLP)

NILGA Policy and Learning Network – Place Shaping and Infrastructure (1 Representative) Councillor Reilly (SDLP)

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NILGA Policy and Learning Network – Reform, Devolution and Improvement (1 Representative) Councillor Fleming (SF)

NI Local Government Partnership on Travellers Issues (3 Representatives) Councillor McCann (PBP) Councillor Donnelly (IND) Councillor Tierney (SDLP)

North West Region Development Group (6 Representatives) Councillor Duffy (SF) Councillor Kelly (SF) Councillor McLaughlin (SDLP) Alderman Hussey (UUP) Councillor Durkan (SDLP) Councillor McCloskey (Aontú)

North West Regional Waste Management Group (4 Representatives) Councillor McCann (SF) Councillor Carr (IND) Councillor Tierney (SDLP) Councillor Burke (SF)

Northern Ireland Museums Council (1 Representative until 2021) Councillor Farrell (SDLP)

NW Peace and Reconciliation Partnership - Peace IV (12 Representatives) Councillor Tierney (SDLP) Alderman McClintock (DUP) Councillor Hunter (SDLP) Councillor Duffy (SF) Councillor McKinney (Alliance) Councillor McHugh (SF) Councillor Reilly (SDLP) Councillor McCann (PBP) Councillor Jackson (SF) Councillor Ferguson (Alliance) Alderman McCready (DUP) Councillor Harkin (PBP)

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RAPID – Board of Directors (3 Representatives) Alderman McCready (DUP) Councillor Ferguson (Alliance) Councillor Fleming (SF)

Shadow Board of Directors – Bryson Energy (1 Representative) Councillor Burke (SF)

Somme Association – Advisory Committee (2 Representatives) Alderman Bresland (DUP) Alderman Hussey (UUP)

Sperrins Future Search Board (4 Representatives) Councillor Kelly (SF) Alderman Bresland (DUP) Councillor J Barr (SDLP) Alderman Hussey (UUP)

Sports Forum Open to all Members

Strabane Town Forum (6 Representatives) Councillor Kelly (SF) Councillor Gallagher (IND) Councillor R Barr (IND) Councillor McHugh (SF) Councillor J Barr (SDLP) Alderman Devenney (DUP)

Strabane Youth Association (2 Representatives) Councillor J Barr (SDLP) Councillor Kelly (SF)

Strategic Growth/Community Planning Partnership (5 Representatives) Councillor Duffy (SF) Councillor Gallagher (IND) Councillor R Barr (IND) Councillor McLaughlin (SDLP) Alderman Hussey (UUP)

Sustainable Communities and Demographics Working Group (1 Representative) Councillor Mellon (SF)

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Travellers Action Group West (2 Representatives) Councillor Tierney (SDLP) Councillor Burke (SF)

Western Area Child Care Partnership (1 Representative) Councillor Reilly (SF)

Western Health & Social Care Trust – Implementation Group for Day Care/Day Opportunities (1 Representative) Councillor Mellon (SF)

Western Urgent Care Steering Group (1 Representative) Councillor McCloskey (Aontú)

SC37/19 Appointments to Internal Working Groups

The Chief Executive stated that as agreed at the Council meeting on 27 June 2019, one Elected Member from each political party and one Independent Member would be nominated to internal working groups. He further noted that a different model had been agreed by the Planning Committee to reflect the committee composition and Members may wish to consider this in making their nominations.

Nominations to Internal Bodies are as follows:

Business and Culture

Culture Steering Group (Previously Festivals and Events Steering Group)

Councillor Logue (SF) Councillor Cusack (SDLP) Alderman McClintock (DUP) Alderman Hussey (UUP) Councillor Ferguson (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor R Barr (IND)

Centenaries Working Group

Councillor Cooper (SF) Councillor J Boyle (SDLP) Alderman McCready (DUP)

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Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

Arts and Culture Strategy Co-Design Group

Councillor Logue (SF) Councillor Cusack (SDLP) Alderman Warke (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor R Barr (IND)

Environment and Regeneration

Local Development Plan (LDP) Steering Group

Councillor Kelly (SF) Councillor J Boyle (SDLP) Alderman Hilary McClintock (DUP) Councillor McKinney (Alliance) Councillor S Harkin (PBP): S Harkin Councillor Gallagher (IND)

Councillor Jackson (SF) Chair of Committee

Climate Emergency Working Group Councillor Burke (SF) Councillor Durkan (SDLP) Alderman Kerrigan (DUP) Alderman Guy (UUP) Councillor Ferguson (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

Governance and Strategic Planning

Adverse Weather Working Group

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Councillor Cooper (SF) Councillor Reilly (SDLP) Alderman Devenney (DUP) Alderman Guy (UUP) Councillor Ferguson (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor Donnelly (IND)

Appeals Panels for Dismissals

Councillor Kelly (SF) Councillor Tierney (SDLP) Alderman Kerrigan (DUP) Alderman Hussey (UUP) Councillor Ferguson (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

Council Asset Naming Group

Councillor McHugh (SF) Councillor Reilly (SDLP) Alderman Warke (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor Carr (IND)

Member Development Working Group

Councillor Mellon (SF) Councillor J Boyle (SDLP) Alderman McCready (DUP) Alderman Guy (UUP) Councillor Ferguson (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor R Barr (IND)

Capital and Corporate Projects Planning Group

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Councillor Duffy (SF) Councillor J Boyle (SDLP) Alderman McClintock (DUP) Alderman Hussey (UUP) Councillor McKinney (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

Language Working Group

Councillor Fleming (SF) Councillor Durkan (SDLP) Alderman McClintock (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor Donnelly (IND)

Health and Community

Affordable Warmth Scheme Task and Finish Working Group

Councillor Mellon (SF) Councillor Farrell (SDLP) Alderman McCready (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

Bonfire Working Group

Councillor Duffy (SF) Councillor Tierney (SDLP) Alderman Warke (DUP) Alderman Hussey (UUP) Councillor Ferguson (Alliance) Councillor McCann (PBP) Councillor McCloskey (Aontú) Councillor Gallagher (IND)

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Good Relations Working Group

Councillor McGuire (SF) Councillor Tierney (SDLP) Alderman McClintock (DUP) Alderman Hussey (UUP) Councillor Ferguson (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontú) Councillor Carr (IND)

Pricing Policy Leisure and Sports Services Working Group

Councillor Jackson (SF) Councillor Farrell (SDLP) Alderman Devenney (DUP) Alderman Guy (UUP) Councillor McKinney (Alliance) Councillor Harkin (PBP) Councillor McCloskey (Aontu) Councillor Gallagher (IND)

The Chief Executive confirmed that nominations to both external and internal bodies had now been completed.

The meeting terminated at 6.40pm

Page 66 Agenda Item 9a

Derry City and Strabane District Council

Minutes of Meeting of the Environment and Regeneration Committee (Open) held in the Guildhall, Derry on Wednesday 26 June 2019 at 4.00 pm

Present:- Members of Committee - Aldermen Devenney, Hussey and McCready, Councillors Dobbins, Duffy, Durkan, Jackson, McCann and McHugh.

Non-Members of Committee – Alderman Guy, Councillors J Boyle, Cooper, Louge and Reilly.

In Attendance:- Director of Environment and Regeneration (Mrs K Phillips), Head of Environment (Mr C Canning) and Section Engineer (Mr R McCartney).

Representing DfI Roads (Western Division) – Acting Divisional Roads Manager (Mr D McKinley) and Section Engineer (Mr R McCartney)

______

SER6/19 Notice and Summons of Meeting

The Director of Environment and Regeneration read the Notice and Summons for the Meeting.

SER7/19 Member Attendance and Apologies

The Director of Environment and Regeneration completed the Member Attendance Register and apologies were recorded from Alderman Ramsey, Councillors Burke, Ferguson, Hunter and McGuire.

SER8/19 Declarations of Members' Interests

There were no declarations of Members‟ interests.

Chairperson's Business

SER9/19 Condolences

The Chairperson referred to the death earlier that day of the Civil Rights leader Ivan Cooper. He said Mr Cooper would be remembered as a politician of tremendous courage and conviction who passionately

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believed in equality for all. He stated that few had contributed to peace as much as Ivan Cooper and was a massive political figure particularly with the SDLP Party. He extended his condolences to Mr Cooper‟s wife Frances and daughters Sinead and Bronagh.

Councillor Reilly, on behalf of the SDLP, expressed his condolences at the death of Ivan Cooper. He pointed out that the Mayor had opened a Book of Condolences for the late Mr Cooper in the Guildhall. He stated that Ivan Cooper had joined the SDLP Party on the basis of “one man one vote” and his death created a major loss for society.

Members from all Parties also paid tribute to the late Ivan Cooper and extended their condolences to his family.

SER10/19 To receive representatives from DfI (Roads Western Division) to discuss the 2019/2020 Annual Report-Spring

The Chairperson welcomed the Acting Divisional Roads Manager (Mr D McKinley) and Section Engineer (Mr R McCartney) to the Meeting.

The Acting Divisional Roads Manager pointed out that the report dealt with works completed across the Council area during the year 2018/19 and set out the Department‟s initial proposals for schemes to be undertaken in the year 2019/2020. Members would also be provided with an update on the strategic roads schemes that were being progressed and which would benefit the Derry City and Strabane District Council area.

The Acting Divisional Roads Manager pointed out that since 2013 the Department‟s budget had been insufficient to meet its needs and it relied on in year funding to deliver core services including public transport and winter gritting. This continued to be the case in 2019/2020. He stated that in Capital terms, the 2019/2020 allocation represented a reduction from the previous year. Almost 70% of this budget was taken up with committed or priority projects, leaving insufficient budget to meet the Department‟s responsibilities as custodian of some £40 billion of public assets; the Water and Sewerage network and the Roads and Public Transport systems.

The Acting Divisional Roads Manager explained that funding was allocated to the Division under two categories; capital funding for new works or renewal of infrastructure and resource funding for the day to day maintenance of its assets. On the capital side funding had allowed construction on a number of major schemes along the A6 to progress

Page 68 3 and the A2 Buncrana Road scheme continued to progress through the development stage. Regarding the A5 Dualling project, a further consultation exercise around environmental impact assessment matter had now concluded and the Department was currently considering the next steps with the scheme.

The Acting Divisional Roads Manager continued that Capital funding also influenced the Department‟s Structural Maintenance and Local Transport and Safety Measures programmes which, in any year, were based on available budgets. In the current year the Department welcomed a similar level of initial funding for Structural Maintenance when compared to the previous year with £75m being allocated, of which £10m had been set aside for a „roads recovery fund‟ which was being used to address areas of immediate need across the road network. He stated that of this approximately £725,000 had been allocated to the Derry City and Strabane District Council area. He concluded that whilst this level of investment was welcome it still fell short of the £143 million required annually to maintain the road network in a reasonable condition.

The Acting Divisional Roads Manager then presented his report under the following headings providing Members with a brief update on the various schemes:

Strategic Road Improvements

- A5 Western Transport Corridor (A5WTC) - A2 Buncrana Road - A6 Dungiven to Drumahoe Dualling - A6 Randalstown to Castledawson Dualling

Network Maintenance

- Structural Maintenance: Completed Works 2018-2019 - Routine Maintenance - Winter Service - Streetworks - Planned Works

Network Development

- Local Transport and Safety Measures - Completed Works 2018/2019 - Planned Works

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Structures

- Completed Works 2018-2019 - Planned Works 2019-2020

Street Lighting

- Completed Works 2018-2019 - Planned Works 2019-2020

Network Planning

- Planning Consultations - Private Streets

Members from all Parties thanked the Acting Divisional Roads Manager on his comprehensive report and then raised the following issues:

- Whilst welcoming progress in regards to the A5, A6 and A2 schemes referred to the importance of having these vital access points completed given their significance in terms of productivity. - Referred to queries received from residents living in the area regarding the Department‟s plans for the suggested removal of trees along a section of roadway on the A6 between Drumahoe and Dungiven and the potential impact thereof on existing developments. These trees currently provided protection for the residents concerned. - Expressed concern at the impact on local residents of roadworks which were being carried out on the Ardmore Road. - Enquired if upgrading works would be carried out to Caw Roundabout to facilitate the new housing development at Ballyoan in respect of which planning permission had been granted and bearing in mind the ongoing funding crisis. Expressed concern that if such works were not carried out the Caw Roundabout would not be capable of coping with the potential increase in traffic resulting from the proposed housing development. - Sought a comparison on current budget allocation for the Western Division and the other three Divsions within the Department‟s remit.

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- Queried if no money had been allocated in respect of street lighting across all of the Divisions on a similar basis as this Council area. - Concern was expressed at the lack of progress in regards to the payment of compensation to the stakeholders involved in the Vesting process at Drumahoe. - Whilst concerns were expressed by Member of the SDLP Party regarding the brightness of the recently installed Led lighting at Culmore particularly for those residents in bungalow accommodation, a Member of Sinn Fein welcomed this scheme. - Enquired if the proposed Bogside Residents‟ Parking Scheme would proceed, and, if a further consultation exercise would be required. - Referred to the need for residents to be made aware of the current position by the Department. - Sought clarity on any proposed scheme and the anticipated timescales involved. - Expressed concern at ongoing delays in the Bogside Residents‟ Parking Scheme and referred to fact that a similar scheme had been for Chapel Road. - Referred to the ongoing issue in regards to the adoption of private streets throughout the Council district with between 52- 54% of streets not having been adopted and expressed concern at the limited budget which had been allocated to address this problem. - Expressed concern at the limitations of enforcement action which proved a lengthy process. - Referred to a Working Party previously established by Council to address the issue of un-adopted roads and enquired as to the current position in relation thereto. - Whilst acknowledging the Department‟s suggestion that it had little influence over other government Department in regards to this issue sought alternative courses of action. - Expressed concern at the Department‟s response to a complaint regarding an unadopted road when residents were advised that the Department would not be taking action and suggested that residents should take up a legal case with the developer. - Expressed concern that not everyone was sufficiently computer literate to access the Department‟s on-line “Report a Fault” system which the public are being encouraged to use. - Stressed the need to address the route problem - the reduction in the block grant and the subsequent limited budgetary allocations.

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- Suggested that Council adopt a more robust and strident campaign of opposition to the cuts imposed by the Treasury given the impact on local citizens. - Reiterated the need for a more emphatic corporate response to the imposed cuts. - Referred to the need to emphasise that these budgetary limitations and reductions in resources is not the responsibility of Council but is due to cuts imposed by central government. - With regard to the A6 Dungiven to Drumahoe Dualling that “this very significant investment will greatly improve road safety and journey times and reduce congestion” it was suggested that this would rather shift congestion given the issues which would have to be addressed at the end of the A6. - Sought assurances that the mechanism would be put in place at the end of the route to disperse traffic into the area. - Referred to similar issues which would arise with the progression of the A5 scheme at either end of the route Newbuildings to north of Strabane and enquired if there were any accompanying plans with Translink to develop additional Park and Rides. - Whilst welcoming the progression of the A6 referred to the need to address any potential problems which may arise. - Sought clarification on the Department‟s policy regarding potholes. - Expressed concern at the ongoing problems in respect of potholes and the lack of budget to address this issue and referred to the need for a more holistic approach to be adopted towards addressing this problem. - Expressed concern in regards to the 50ml requirement for the treatment of potholes which was not proving cost-effective in the long-term. - Appreciated that a change of policy would be required to address this current requirement, however, this could prove more cost effective in the longer term. - Referred to a Motion passed by Council regarding the non-use of pesticides for the treatment of weeds within the Council district as a result of which Council would contact a number of organisations suggesting that alternative methods be considered for the treatment of weeds. - Referred to assurances given regarding the carrying out of a Traffic Survey regarding Bishop Street and sought clarification as to the current position in relation thereto. - Reiterated the need to advise concerned residents regarding the current position in relation to the Bogside Residents‟ Parking Scheme.

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- Expressed concern that works on the footpaths at 75, 76 and 77 Woodend Road, Ballymagorry were incomplete and queried when it was anticipated that these would be carried out. - Enquired if drainage works at Altnagelvin Roundabout had been completed. - Acknowledged the excellent work being carried out by the Department give the budgetary limitations and anticipated that all pending projects would come to fruition. - Whilst welcoming the grass cutting which had started along A routes, expressed concern that this exposed hidden litter and sought consultation between Council and DfI regarding their grass cutting schedule in order that problems could be addressed as they arose. - Enquired as to the level of quality assurance which existed in regards to grass cutting, particularly in the rural area. - Referred to the possibility of planting wild flowers as opposed to grass given that these did not tend to grow as tall and would not require the same level of maintenance in terms of cutting as well as improving the environment. - Enquired as to the policy regarding additional cuts in regards to illegible signage due to over-growth. - Referred to the proposed trialling of a 20 mph speed zone at Sion Mills School and requested that this be extended to Artigarvan School. - Referred to the erection of speed ramps as opposed to speed bumps as a more effective form of traffic calming particularly along bus routes. - Welcomed the successful adoption of 12 private streets but queried the number which remained outstanding. - In regards to bridge repair works carried out queried why vegetation removal was not carried out on all bridges. - In regards to the A6 referred to the possibility of a link between Drumahoe and Campsie which could alleviate some of the problems being experienced in terms of excess traffic. - Referred to problems being experienced due to the increase in the number of HGV vehicles through Eglinton Village. - Expressed disappointment at delays in the A5 scheme and referred to the need for a circular road to address problems which were being experienced. - Sought an update in regards to the carrying out of repair works to the Glenrandel Bridge. - In regards to Eglinton Village referred to suggested connection between Maydown and the A6.

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- Referred to problems being experienced due to an increase in the use of HGVs through Eglinton Village - In regard to HGVs understood that a pilot scheme had been carried out in Clady regarding the use of HGVs and suggested that a similar exercise be carried out in Eglinton. - An update was sought in regards to a request submitted to an Official from DfI Roads to arrange a public meeting for residents of Eglinton to discuss why it was not possible to enforce a ban on the use of HGVs through the village. - Referred to concerns expressed by a community group at two entrances to Woodvale Road. - Expressed concern at the deterioration of Council road signage

The representatives from DfI Roads responded as follows:

- In regards to the removal of trees along the Drumahoe Road confirmed that additional trees would be planted. - Acknowledged concerns in regards to the progression of the Bogside Residents‟ Parking Scheme but was unable to provide confirmation on which areas would be included in the amended scheme. - Explained that the original large scale proposals in respect of the Bogside Residents Parking scheme would not proceed. However, a smaller scale scheme would be carried out, and, if successful, could be expanded upon. - Confirmed that a further consultation exercise would be required, however, advice was currently being sought in this regard. This would constitute a different scheme which would involve the scaling down of a Vesting Order. - Acknowledged the situation in regards to the upgrading of Caw roundabout to facilitate the proposed new housing development at Ballyoan. - Affirmed that no budget had been allocated in respect of street lighting/replacement across any of the four Divisions. - In regards to a delay in compensation payments explained that the Department encouraged land agents to submit a claim when the process was completed in respect of which 90% payment was made. Whilst this was normally paid without delay, payment could be postponed if difficulties were encountered regarding Proof of Title. Undertook to investigate and report back thereon. - Undertook to refer concerns expressed regarding the Led replacement lighting to Street Lighting Section for investigation.

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- Assured that consultation did take place with NI Water on the issue of un-adopted roads the objective being to develop a joint approach to address this ongoing problem. - In regards to the issue of un-adopted roads referred to the need for an acceptable bond to be in place and the Department continued to work with developers to encourage the completion of all works prior to exiting a site. - Undertook to provide Members with a breakdown on the number of potholes existing in the Council area. Referred to the need to carry out necessary repair works in a timely fashion, however, this was essentially a resource issue. - Undertook to update Members in relation to the Bishop Street traffic survey. - Explained that a Weed Control contract was in place with an environmental contractor for the treatment of weeds through the mechanism of spraying micro-phosphate. Acknowledged that weeds presented a greater problem on flagged-stone surfaces and the Department did endeavour, when required, to replace old flagstones with a tarmac surface, thereby reducing the problem. - Explained that the drainage problem at Altnagelvin Roundabout was on the inside of the structure. - Acknowledged problems being experienced with regard to blocked gullies at the entrance to Irish Street which it was hoped would be addressed in the near future. - Acknowledged proposals for a Residents Parking Scheme at Chapel Road. - In regards to residents‟ dissatisfaction at the response received from DfI regarding the adoption of private streets, explained that the Department would take action in instances where an appropriate Bond was in place. - Acknowledged Members‟ concerns regarding the Department‟s limited budgetary allocation. - Assumed that any Departmental attempts to receive increased funding would be assisted by Councils engagement by way of support lobbying. - Acknowledged concerns expressed regarding the online Fault reporting system particularly in regards to the elderly but assured that, whilst not the predominant method, faults could still be reported by telephone. - In regards to concerns expressed in relation to the A5/A6 connectivity, and the completion of the dual carriageway at Newbuildings and Ballygawley explained that studies had been

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carried out regarding the erection of a ring road to provide connectivity for the A5 and A6. - Referred to the possibility of a transportation study being carried out in respect of the City in order to demonstrate the necessary requirements and the impact of a ring road in terms of addressing the problem of connectivity. - Explained that a pothole must measure 50ml in order to justify repair works being carried out. - Pointed out that the policy developed by the Department adopted a risk assessment approach whereby busier roads would more readily attract resources to treat potholes. Repair works depended largely on traffic use. - Undertook to email to Members a copy of the Department‟s policy in relation to the treatment of potholes. - Acknowledged Members comments in regards to grass cutting. - Understood a pilot scheme for the planting of wild flowers had been carried out and undertook to ascertain the outcome of the scheme for Members‟ information. - Acknowledged Members‟ concerns regarding illegible signage due to overgrowth which was mainly due to a lack of input from landowners. - Explained that resources were not available to address discolouration and mould on signage. - Acknowledge the points raised regarding the trialling of a 20 mph speed restriction at Artigarvan School. Undertook to ascertain the criteria required for the implementation of a 20 mph restriction zone. - Undertook to investigate the possibility of having speed ramps replace speed bumps particularly on bus routes. - Was unable to advise on the number of private streets which remained un-adopted but assumed this to be considerable. - Could not advise on the reason why Castlederg Bridge had not been included in the scheme of repair works but suggested that this was due to the contractor appointed to carry out the works in that area. - Noted the issues raised in regards to the A6 Drumahoe to Campsie. - Whilst acknowledging residents‟ concerns explained that a traffic count would be carried out on the Tamnaherin Road in order to determine if traffic levels rendered it necessary to introduction legislation to prevent the use of HGVs through Eglinton Village. This area differed significantly from Clady where such a ban had been introduced.

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- Undertook to address with the Official concerned the scheduling of a public meeting with residents from Eglinton Village to discuss the use of HGVs. - Explained that the Department were currently actively working with NIE regarding the Glenrandel listed bridge. NIEA were currently seeking additional information and works may be required with Planning Officers in order to finalise this. The design of the bridge had been agreed and it was anticipated that these works would go to tender in September 2019. - In regards to the adoption of private streets, acknowledged that there were a considerable number of contactors whose standard of work was both ethical and admirable. - Explained that the maintenance/replacement of signage was a resources issue. - Acknowledged that the current policy in regards to potholes was frustrating however the Department was obliged to operate within this context.

The Chairperson advised that the Director of Environment and Regeneration would present a report on the issue of un-adopted roads to a future Meeting of Committee.

The Director of Environment and Regeneration requested that Members submit to her Directorate details regarding specific Council signage which required upgrading in order that these could be investigated. She stated that should Members request a comprehensive revival of all Council signage this would be addressed as part of the Rates Estimates process.

In response to a query from Alderman Hussey regarding the planting of wildflowers, the Director of Environment and Regeneration explained that Council had begun to incorporate wild flower meadows as part of its Bio-Diversity and Pride In Our City initiatives. She stated that this did not always prove straightforward as wildflowers matured best in poor quality soil. Council would endeavour to continue to incorporate this into its work.

The Meeting terminated at 5.40 pm

The meeting terminated at Time Not Specified

Page 77 This page is intentionally left blank Agenda Item 9b

Derry City and Strabane District Council

Minutes of Meeting of the Governance and Strategic Planning Committee (Open) held in the Guildhall, Derry on Tuesday 2 July 2019 at 4.00 pm

Present:- Councillor McKeever (in the Chair); Aldermen Bresland and Hussey and Councillors Boyle, Cooper, Fleming, McCloskey, McGuire, McLaughlin, Mellon and Reilly.

Non-Members of Committee – Aldermen Devenney, Guy and Warke and Councillors Duffy, Durkan and Logue.

In Attendance:- Chief Executive (Mr J Kelpie), Director of Health and Community (Mrs K McFarland), Lead Human Resources Officer (Mrs P Donnelly), Lead Finance Officer (Mr A Dallas), Lead Democratic Services and Improvement Officer (Mrs E Cavanagh) and Committee Services Assistant (Ms N Meehan).

GSP76/19 Notice and Summons of Meeting

The Chief Executive read the Notice and Summons for the Meeting.

GSP77/19 Member Attendance and Apologies

The Chief Executive completed the roll call and apologies were recorded from Aldermen McCready and McClintock and Councillor Harkin.

GSP78/19 Declarations of Members' Interests

There were no declarations of Members‟ interests.

GSP79/19 Suspension of Standing Orders - Paramilitary Flags and Banners

Councillor Cooper Proposed, Councillor Reilly Seconded

That Standing Orders be suspended to consider a Motion passed by Belfast City Council on the subject of paramilitary flags and banners.

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Alderman Hussey Proposed, Alderman Bresland Seconded

That A recorded vote be requested in respect of the above.

After a recorded vote the result was as follows:

For – Councillors Boyle, Cooper, Fleming, McCloskey, McGuire, McKeever, McLaughlin, Mellon and Reilly – 9;

Against – Aldermen Bresland and Hussey – 2.

The Proposal met the qualified majority threshold and was declared carried.

The Chairperson then invited Councillor Cooper to address the Committee.

Councillor Cooper Proposed, Councillor Reilly Seconded

That this Council supports in its entirety the motion passed last night calling for Belfast City Council to take legal action against the Department for Infrastructure, enforcing them to remove:

1. All Paramilitary Flags without planning permission on Department for Infrastructure property, unless permission is granted by the Department for Infrastructure with protocols that protect citizens; and

2. All banners without planning permission on Department for Infrastructure property, unless permission is granted with protocols that protect citizens.

This Council also notes that any legal obligations placed on the Department resulting from this legal action will be binding across all Council areas in the six counties.

Councillor Cooper said the Motion was calling for Derry City and Strabane District Council to fully support the Motion passed by Belfast City Council the previous evening rather than requesting Council to take similar legal action. The reason for this was that it was understood

Page 80 3 that any resulting policy decision taken by the Department of Infrastructure would set a precedent across the six counties which would also remove the need for local ratepayers‟ money to be spent in taking a similar case.

Councillor Cooper stated that Loyalist paramilitary flags and banners supporting the British Parachute Regiment had been erected throughout the City and District in recent weeks and clearly were being used to cause division, offence and cause hurt. This had brought particular anguish to the families of those killed and injured on Bloody Sunday – given that many of these banners expressed support for „Soldier F‟ who was currently facing murder charges. He stated that many of these flags and banners were attached to lampposts which were the property of the Department for Infrastructure. So far, they had failed to take action to remove them hence the proposing of the Motion of Belfast City Council by Councillor Ciaran Beattie to ensure that the Department was legally compelled to take action.

Councillor Cooper pointed out that a number of private discussions and initiatives had been undertaken locally in recent weeks to create an opportunity for the banners to be removed in an effort to de-escalate the situation. Unfortunately these efforts had not been successful and left the Party as a whole with no option but to consider what legal avenues were available to remove the banners which had caused so much hurt and offence.

Councillor Cooper said he was aware that amendments were proposed against the Sinn Fein Motion of Belfast City Council which simply called for the Council to condemn the flying of the Soldier F banners and calling for their removal. Unfortunately none of these Motions would have led to any obligation on the Department for Infrastructure to take action. He said at this stage it was clear that some form of practical action was required to ensure the banners were removed where possible which was why the Motion to Belfast City Council was vital. He stated that additionally the British Ministry of Defence and the Parachute Regiment did not endorse these flags or banners and had stated that they should only be displayed in certain circumstances.

Councillor Cooper pointed out that Sinn Fein and others in the Nationalist community had been proactive in the recent past in ensuring that the burning of poppy wreaths on bonfires and other offensive actions had been prevented. He said the wording of the Motion passed the previous evening also called for all paramilitary flags to be removed from Department for Infrastructure lamp posts so that

Page 81 4 citizens from all communities were not exposed to emblems representing division.

Councillor Cooper said he therefore hoped that Unionist representatives in the Chamber would show similar leadership by supporting the Motion.

Councillor Reilly welcomed representatives of the Bloody Sunday families who were seated in the public gallery to the meeting. He stated that this was a matter of such concern to them and all those who had lost loved ones on Bloody Sunday and also those injured on that day.

Councillor Reilly stated that all flags which intended to be divisive and cause hurt and paramilitary symbols were wrong and ultimately were illegal as they had no permission to be flown on public infrastructure. He stated that just in the same way if such items were placed in public buildings then a government department would take them down, so why had no similar action been taken by the Department of Infrastructure on public street furniture. He continued that Belfast SDLP Councillor Carl Whyte who spoke on the motion the previous evening outlined the legal rationale for why such flags were illegal.

Councillor Reilly stated that when similar items were erected in Nationalist areas, the SDLP along with others actively worked to have them removed. He said offensive placards in the City centre had been erected to cause hurt and divisiveness and he called on those to be removed as well. He stated that earlier that morning SDLP Councillor Malachy Quinn did this in his area following IRA graffiti in Stewardstown. He said his Party condemned the actions carried out to private property in Newbuildings and had always called on respect to be shown to poppy wreaths in the Diamond.

Councillor Reilly concluded that this issue had been raised privately in other meetings such as the PCSP and felt that DfI needed to uphold the law. The Department routinely took action against local businesses advertising on their public street furniture so why not uphold the law when considering paramilitary flags and items designed to offend. He said his Party also felt that Council had relevant powers that could be used.

Alderman Warke expressed his opposition to the Motion and stated that whilst no-one should be above the law, people should be allowed to demonstrate for those who served in very difficult circumstances. He

Page 82 5 stated that ninety per cent of the deaths which had occurred during „the troubles‟ were caused by illegal terrorist organisations but there was no proper mechanism in place to investigate such crimes. He continued that the Motion raised tensions at this time of year when so much time was spent trying to resolve this issue.

Alderman Devenney criticised the tabling of such a Motion at this time stating that it was ruthless when emotions were already so intense. He referred to flags causing division and hurt which were displayed in the Council-owned City Cemetery and in the Nationalist Bogside and Creggan areas of the City.

Alderman Hussey expressed his opposition to the Motion stressing that it would open a „Pandora‟s Box‟ and could undo all the excellent work which was being carried out throughout the City and District on the issue of flags and emblems. He expressed concern that there would be serious repercussions resulting therefrom.

Councillor McCloskey expressed her support for the Motion stating that to oppose the Motion would appear to be supporting something which was illegal.

The following Amendment was then Proposed by Councillor Reilly and Seconded by Councillor J Boyle

That this Council supports in its entirety the motion passed last night calling for Belfast City Council to take legal action against the Department for Infrastructure, enforcing them to remove:

1. All Paramilitary Flags without planning permission on Department for Infrastructure property, unless permission is granted by the Department for Infrastructure with protocols that protect citizens; and

2. All banners without planning permission on Department for Infrastructure property, unless permission is granted with protocols that protect citizens.

This Council also notes that any legal obligations placed on the Department resulting from this legal action will be binding across all Council areas in the

Page 83 6

six counties. In the meantime Council considers what action it can take under the Clean Neighbourhood Act 2011.

After voting on the Amendment by a show of hands the result was as follows:

For – 9; Against - 2; Abstentions – 0. The Amendment was therefore carried and became the Substantive Motion.

That this Council supports in its entirety the motion passed last night calling for Belfast City Council to take legal action against the Department for Infrastructure, enforcing them to remove:

1. All Paramilitary Flags without planning permission on Department for Infrastructure property, unless permission is granted by the Department for Infrastructure with protocols that protect citizens; and

2. All banners without planning permission on Department for Infrastructure property, unless permission is granted with protocols that protect citizens.

This Council also notes that any legal obligations placed on the Department resulting from this legal action will be binding across all Council areas in the six counties. In the meantime Council considers what action it can take under the Clean Neighbourhood Act 2011.

After voting on the Substantive Motion by a show of hands, the result was as follows:

For – 9; Against – 2; Abstentions – 0. The Substantive Motion was therefore carried and the Council

Resolved that this Council supports in its entirety the motion passed last night calling for Belfast City Council to take legal action against the Department for Infrastructure, enforcing them to remove:

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1. All Paramilitary Flags without planning permission on Department for Infrastructure property, unless permission is granted by the Department for Infrastructure with protocols that protect citizens; and

2. All banners without planning permission on Department for Infrastructure property, unless permission is granted with protocols that protect citizens.

This Council also notes that any legal obligations placed on the Department resulting from this legal action will be binding across all Council areas in the six counties. In the meantime Council considers what action it can take under the Clean Neighbourhood Act 2011.

GSP80/19 Deputation - To receive Mr S Bradley and Mr J McBride from "Into The West" to discuss the Case for Rail in the North-West City Region.

The Committee welcomed Mr S Bradley and Mr J McBride from Into The West to the meeting. They gave a joint presentation on The Case for Rail in the North West City Region which addressed the following:

Background

- A clear disparity exists in rail provision: - (a) East and West of the River Bann (b) Between the North-West and the rest of the island

Rail Map of Ireland

Total Number of Rail Stations

East 51 West 3

Six Ways the Derry/Londonderry Rail Service was Sub-Standard from East of the Bann

Page 85 8

1. Number of Trains that reach Belfast Before 9 am 2. Number of Trains from Belfast during Weekday Peak Hours (4 pm – 6 pm) 3. Onward Travel to Dublin 4. Last Train from Belfast on Saturdays 5. The Number of Trains to Belfast on Sundays 6. Frequency of Trains to Belfast on Sundays

Seven Key Benefits of Rail

Economic Employment Social Justice Tourism Status Climate Change Quality of Life

History of Rail in NWRC

‘Phase 3 is Key’ – To Unlock Major Improvements in Derry‟s Railways

- Faster Journeys - Greater Frequency - Express Trains - A new suburban station in the Eglinton area - Thru-trains to Dublin? - Line extensions to Strabane and Letterkenny?

Lack of Ambition for Rail in NWCR

What Enhanced Role Could Rail Have Here?

A North-West Rail Network?

‘West on Track’

Derry-Portadown Rail Route

Our Ask of Derry City and Strabane District Council

1. Formally push DfI for Phase 3 prioritisation (start 2020)

Page 86 9

2. Include ambitious role for rail in key Council strategies 3. Work with colleagues in Donegal County Council and Causeway Coast and Glens to lobby for enhanced rail provision in the North West 4. Take strategic view regarding preferred location of Phase 3 passing loop 5. Work proactively with relevant Councils to progress Western Rail Corridor and reinstallation of „The Derry Road‟ 6. Push for new Stormont Rail Investment Strategy, with projects in NWCR included 7. Secure funding for separate feasibility studies into extending rail to Strabane and Letterkenny

There was a consensus of support in regards to the proposals and requests put forward by the deputation. Members then raised the following issues:

- Acknowledged that the increase in usage of the service justified the need for enhanced rail provision in the North West. - Referred to the work carried out by previous Ministers in regards to the completion of Phases 1 and 2. - Referred to the need to maintain and protect existing rail tracks/lines in order to facilitate an improved and enhanced rail service. - Acknowledged the significance of cross-border intervention in terms of aiding the modernisation of and improvements to the existing service. - Referred to the impact of such a declining service on local tourism and particularly the lack of a convenient and sustainable service from the City to Belfast. - Referred to the need for an expressed service from Derry- Belfast/Belfast-Dublin. - Referred to the Department‟s pledge to deliver on Phase 3 and the overwhelming benefits to be derived therefrom. - Acknowledged the possibility of City Deal monies being used to assist in the delivery of Phase 3. - Referred to the lack of investment from previous Stormont governments which contributed significantly to the current rail provision in the North West. - Acknowledged the disparity in rail provision between the North- West and the rest of the island.

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- Referred to the need for further investment in rail transport particularly economic development and climate change. - Whilst acknowledging the success of Phases 1 and 2 referred to the significance of the progression of Phase 3 in order to maximise the benefits. - Sought an update in regards to a previous suggestion made at the February Meeting of the Environment and Regeneration Committee to request Translink to carry out improvement works to the rail service in this area. - Referred to the possibility of arranging a meeting with DfI to discuss investment in the rail service. - Suggested that Council copy the presentation to other Councils in the North West. - Referred to the importance of reigniting the service particularly in terms of promoting and progressing connectivity. - Referred to studies carried out by the former DRD in regards to the provision and availability of rail services throughout Europe. - Enquired if there were any plans to provide a transport corridor. - Whilst acknowledging the significance of the route also queried the types of rail freight being considered. - Welcomed suggestions regarding the passing point and the potential for an airport route which would prove invigorating for the surrounding area. - Acknowledged the excellent work carried out by Into The West in terms of highlighting the merits of rail travel and future aspirations and ambition. - Emphasised the need to continue to lobby strongly for the completion of Phase 3 pointing out that the current service was both substandard and insufficient to meet the economic and strategic demands of the region. - Suggested that these proposals were protected and enshrined under the Local Development Plan particularly in regards to climate change. - Suggested that the required outlay of £30m to bring this to fruition was not excessive given the potential financial and economic benefits which could be recuperated.

The representatives from Into The West responded as follows:

- Welcomed Members‟ positive comments in regards to the work carried out and commitment shown by Into The West and

Page 88 11

commended those whose passion and commitment to this cause had been unrelenting. - Welcomed all support in terms of moving forward and realising its objectives. - Referred to significant changes which had taken place with the organisation in terms of growth and development in regards to lobbying Councils and other relevant organisations. - Welcomed the suggestion that Council forward a copy of the presentation to neighbouring Councils. - Referred to the level of interest shown by other Councils in the proposals. - Pointed out that it would cost approximately £3m to complete Phase 3. - Highlighted the discrepancies/disparities which existed between the North West and East of the Bann particularly in terms of the provision and location of passing points. - Explained that the railway line between Derry and Strabane was practically intact. - Referred to the need to maintain, upgrade and extend the existing line particularly in terms of providing connectivity and to maximise the potential of the completed A5 network. - Made reference to a feasibility study carried out in respect of the Scottish Rail Campaign for the development of a route between Gallashiels and Carlisle. - Referred to the possibility of enhancing the proposed third bridge between Prehen, Newbuildings and Letterkenny Road to facilitate rail travel. - Referred to the possibility of availing of European funding if the service extended into Donegal. - Acknowledged the potential of the existing passing point in terms of providing an Airport Route at Eglinton and the benefits to be derived therefrom in terms of connectivity. - Referred to the need to think strategically. - Anticipated that the DfI might commit to an additional route to coincide with the opening of the new Transport Hub in October 2019.

In response to a query from Councillor Reilly, the Chief Executive advised that a joint meeting had not yet taken place with DfI to discuss this matter, however, he undertook to arrange such a meeting. He pointed out that a meeting had been arranged with the Chief Executive from Translink and a further meeting was

Page 89 12

scheduled for late July. He advised, however, that many of the issues raised had been recently addressed with Translink through the North West Regional Development Group.

Subsequently the Committee

Recommended that Council endorse the requests put forward by Into the West and a copy of their presentation be forwarded to all those Councils whose area would be affected by the proposals contained in the Phase 3 improvement works for North West Rail Services.

GSP81/19 Chairperson's Business

There was no Chairperson‟s Business.

GSP82/19 Confirmation of the Open Minutes of the Governance and Strategic Planning Committee held on Tuesday 4 June 2019

Open Minutes of the Governance and Strategic Planning Committee held on 5 March 2019 (GSP59/19-GSP75/19) were signed by the Chairperson as correct.

GSP83/19 Matters Arising

There were no matters arising.

GSP84/19 Update on the Advancement of City Deal and Strategic Growth Projects Funding

The Chief Executive presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was (i) to update Members on the progress achieved to date in securing £105 million of funding towards a City Deal and the City and Region‟s Strategic Growth Projects; (ii) to present all of the current considerations in advancing this funding and in securing additional financial commitments towards an overall funding package of circa £250m; and (iii) to seek Members‟ support and endorsement of key next steps.

The Chairperson commended the Chief Executive and his team on progress to date in regards to the City Deal.

Page 90 13

Councillor Fleming concurred with the Chairperson‟s comments. He said the task facing Council in regards to the Strategic Growth Plan was massive and welcomed the work undertaken by Council Officers and their partners in terms of moving forward. He referred to the fact that the £105 million which had been secured was not sufficient to progress all of the projects and to the importance of securing match funding from a functioning Executive. He said he was also aware that monies might become available from other partners. He referred to the lack of investment in the North and also from the Dublin government. He stated that there was wide political support for the Deal and it was necessary to bring this to bear in terms of moving forward. He looked forward to working to progress all of the projects.

Councillor McLaughlin welcomed the update and the progress which had been made. She referred to the three excellent projects outlined and anticipated that it would be possible to progress them to a new level of delivery which would benefit the City and the region. She referred to the importance of data analysis and the need to work with the University.

She referred to a number of important issues, not least being that of match funding. She stated that it would not be possible to advance all of the other key projects if match funding was not secured. Whilst welcoming the securing of the £105 million she stated that the emphasis must now be on securing additional financial commitments towards an overall funding package. She stated that any potential match funding from the University would be based on the overall £105 million and not the £50 million City Deal package. She sought an update in regards to the three strategic outline cases. She stated that the more information available, the better equipped Members would be to scrutinise.

She said it was vital that Council and Members were involved in all of the processes of governance. She suggested that monthly updates be presented to Committee to ensure that Members were made aware of issues as they arose. She concluded that it was crucial that Council acquired the resources required in order to deliver this project in its totality.

Alderman Hussey commended those Officers involved on progress to date. He referred to the importance of achieving dispersible benefits throughout the Council district and he acknowledged the potential for realising this within the community projects and through which he

Page 91 14 anticipated the inclusion of the rural area. He continued that whilst appreciating the benefits of the big projects it was necessary to bear in mind that this was a City and district deal.

Alderman Devenney also welcomed the level of progress which had been achieved. He anticipated that Members would increase their efforts, where possible, to end the current stalemate at Stormont, because without a functioning Executive the match funding might not be forthcoming. He supported the previous speaker‟s comments in regards to the rural area and the suggested retention of this matter on the Committee agenda.

The Committee

Recommended that Members note the considerable progress achieved to date, acknowledges the key issues to be resolved as set out in this report to advance to the next stage, and support and promote at local and regional level efforts to:

(i) Confirm and secure at the earliest opportunity, commitment to the totality of anticipated ‘match’ funding and 3rd party funding required from all sources, including Council;

(ii) Advance the projects as broadly prioritised in the report in line with the available funding and in collaboration with all city and regional bid partners, develop evolving governance and accountability structures and processes, project business cases and timeframes for progression; and

(iii) Progress and advance funding for the wider connectivity and infrastructure projects in relation to road, rail and air and the

Page 92 15

expansion of the Magee Campus of Ulster University – all of which are critical to the success of the strategic projects to be delivered under the City Deal/Future Fund/match funding package.

GSP85/19 Absence Management

The Lead Human Resources Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide Members with an update on progress in relation to Absence Management for the year 2018/2019.

Councillor Mellon welcomed the report. Whilst acknowledging the savings which had been achieved, she referred to the importance of the health and wellbeing of employees. She stated that the action plan was a model of good practice which should be emulated throughout Council.

Councillor Boyle welcomed the introduction of specific measures to address the problem of sickness absence and the subsequent reduction in absence figures. Councillor Boyle queried if the reduction could have been impacted by the number of previous employees on long-term sickness absence who had now retired.

The Lead Human Resources Officer advised that she did not have specific figures in regards to these numbers available at the Meeting. She confirmed that a number of employees had accepted the Voluntary Severance Agreement, however, sickness absence levels among those employees was very low and would not have impacted on the reduction figures presented to Committee. She welcomed the reduction particularly given its significance in regards to other Council areas. She stated that the Council‟s main objective was to assure the health and wellbeing of all its employees.

In response to concerns expressed by Councillor McLaughlin with regard to a recent appeal within PSNI regarding holiday overtime, the Lead Human Resources Officer advised that Derry City and Strabane were one of the first Councils to implement a policy to pay holiday overtime which had been in place since 2016. However, guidance would be sought in regards to the specifics of the PSNI case.

Page 93 16

In response to a request from Councillor McLaughlin, the Lead Human Resources Officer undertook to prepare a report on the legal perspective of this case for submission to a future meeting of Committee.

The Chief Executive stated that Council was in this fortunate position through planning and design. He stated that the Human Resources section had been extremely pro-active in terms of working across all areas of Council to ensure the delivery of high quality services with the best interests of employees‟ health and wellbeing to the fore. He referred to the considerable number of initiatives undertaken by the Council to promote health and wellbeing.

In response to Councillor McLaughlin‟s request, the Chief Executive confirmed that a report would be presented to Committee bearing in mind the legalities and sensitivities surrounding this issue.

Alderman Hussey queried if the rationalisation of salaries and wages between employees from Derry and Strabane had been completed.

The Lead Human Resources Officer pointed out that in terms of harmonisation of pay scales the work was nearing completion. She stated that the main areas to be finalised were the Environmental Health section with a number of minor issues to be addressed within the Leisure sector. It was anticipated that the process would be completed within the next six months.

The Lead Human Resources Officer explained that in regards to the terms and conditions of employment, employee transfers had been protected through TUPE legislation and there was therefore no necessity to address this.

Alderman Hussey referred the impact of the issue of equal value in regards to employee wellbeing.

The Chief Executive advised that Council was to the fore in comparison with other Councils in regards to the rationalisation of pay scales and would probably be the first Council to complete this task given the complexities involved.

The Committee

Page 94 17

Recommended that Members note and endorse the approach outlined to continue to manage absence.

GSP86/19 Annual Equality Progress Report 2018/2019

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to seek Members‟ comments and approval in respect of the Council‟s Annual Equality Report 2018/2019.

Councillor Mellon thanked Officers for the report and welcomed the fact that Council presented a model of good practice throughout the Council district and that all elements had been implemented. In regards to Special Leave Policy (f) she suggested that “advantageous staff” should read “all staff”.

Alderman Hussey referred to 2.4 – Crime and Safety – “Support and promote existing Neighbourhood Watch (NHW) schemes and develop new NHW schemes throughout the district” and referred to a longstanding request that the Community Safety Initiative be restored which had to be taken into consideration.

The Committee

Recommended that the Annual Equality Progress Report is approved and submitted to the Equality Commission.

GSP87/19 Strategic Planning and Support Units Delivery Plan 2018/2019

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to provide elected Members with details of progress in terms of delivery of the Directorate Delivery Plan for the Strategic Planning and Support Units for the year 2018/2019.

In regards to page 14 of Appendix 2 to develop and deliver a range of projects, events and initiatives to promote the Irish language and Ulster Scots – Alderman Devenney expressed concern at the project score of 100% given that from the eight events held only one represented Ulster Scots which appeared something of a token gesture.

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The Lead Democratic Services and Improvement Officer pointed out that the 100% referred to the fact that Council achieved 100% of its commitment during the year.

Alderman Hussey referred to the Walls 400 Irish language event in partnership with Libraries NI and suggested that surely this provided a perfect opportunity for the inclusion of Ulster Scots. He said this gave the impression of paying lip service to Ulster Scots and their whole culture and identify pointing out that it was not just language which had to be taken on board.

The Committee

Recommended that Members endorse the reports set out in Appendices 2 and 3.

GSP88/19 Nilga Accredited Programmes July 2019

The Lead Democratic Services and Improvement Officer presented the above report, a copy of which had previously been circulated. She advised that the purpose of the report was to consider elected Member participation onto NILGA accredited Learning Programmes in 2019/2020 and if participation was agreed, to approve the payment of associated costs.

In response to a query from Alderman Hussey, the Lead Democratic and Improvement Services Officer said it was hoped to receive nominations in order that places could be reserved for Members.

Councillor Reilly referred to an email received earlier that day regarding UNESCO Learning Cities – Learning Events/Activities and said he would value the opportunity to commit to this initiative.

In terms of nominating onto the Accredited Learning Programmes he said he felt it was important to avail of all places being made available to Council particularly in regards to planning and leadership. He referred to a number of interested Councillors from each of the Political Parties and was therefore happy to accept the recommendation to accept the places being made available. He referred to the possibility of securing additional places to nominate eight elected Members across all of the Council areas. He requested that Officers provide additional information in this regard and referred to the need to agree a process through which to nominate.

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Councillor McGuire advised that he had attended the planning programme the previous year which he found most beneficial.

Subsequently the Committee

Recommended (i) that Councillors Durkan, Boyle and Jackson be nominated to undertake the Planning Programme; and

(ii) Alderman Guy and Councillor McLaughlin be nominated for this year, onto the Leadership course.

GSP89/19 Local Government Circular LG 20/2019

Members noted the information contained in the above report.

The meeting terminated at 6.40 pm

Page 97 This page is intentionally left blank Agenda Item 9c

Derry City and Strabane District Council

Open Minutes of the Planning Committee Meeting held in the Chamber, Derry Road, Strabane on Wednesday 3 July 2019 at 12.00 noon.

______

Present: - Councillor Jackson (Chairperson), Aldermen Bresland, Kerrigan and Councillors J Barr, Durkan, Gallagher, Harkin, Kelly, Logue and McGuire.

In Attendance: - Head of Planning (Ms M Fox), Head of Planning Performance and Improvement (Mr E Molloy), Principal Planning Officers (Mrs A McNee, Mr P McCaughey, Mrs S McCracken), Senior Planning Officers (Mr K Donaghey, Miss S Barrett, Mr J Spottiswood, Mr M McCarron, Mr J McNee), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short). ______

P72/19 Notice and Summons for Meeting

The Head of Planning read the Notice and Summons for the Meeting.

P73/19 Member Attendance and Apologies

The Head of Planning completed the roll call and apologies were received from Councillor McKinney and Alderman McClintock.

P74/19 Declarations of Members’ Interests

Councillor Jackson declared an interest in Planning Application LA11/2019/0291/F.

The Head of Planning Performance and Improvement declared an interest in LA11/2018/0746/F and LA11/2018/0782/F.

Open for Decision

Chairperson’s Business

P75/19 Site Visit Deferrals

Members noted site visit deferrals for the following planning applications listed for decision:

 LA11/2018/0854/O  LA11/2018/0356/O

1 Page 99

P76/19 Late Information Received

The Head of Planning reported that late information was received in relation to the following applications and Members would be given the opportunity to review the information prior to presentation by the Planning Officer.

 LA11/2017/0510/F  J/2014/0293/F  LA11/2019/0141/F  LA11/2017/1077/F

P77/19 Reconsidered Applications Deferred

The Chair reported that the following applications would be deferred to the next meeting when those Members involved in initial discussions would be in attendance:

 LA11/2018/0237/O  LA11/2017/0510/F  LA11/2018/0698/O

P78/19 NILGA Training Event

Members noted that a NILGA Training Event was scheduled to take place on 8 October 2019 and nominations for attendance would be agreed at the Planning Committee meeting in September 2019.

P79/19 Confirmation of the Open Minutes of the Planning Committee Meeting held on Wednesday 25 March 2019

The Open Minutes of Planning Committee meeting held on 25 March 2019 (P54/19-P66/19) were confirmed and signed by the Chairperson.

P80/19 Matters Arising

There were no matters arising from the Open Minutes of the Planning Committee Meeting held on 25 March 2019.

P81/19 Confirmation of the Open Minutes of the Planning Committee Meeting held on Wednesday 5 June 2019

The Open Minutes of Planning Committee meeting held on 5 June 2019 (P54/19-P68/19) were confirmed and signed by the Chairperson

2 Page 100

P82/19 Matters Arising

Councillor Kelly referred to planning application LA11/2018/0817/O and the discrepancy over the relevant Area Plan to be applied. He stated that he had a series of questions that he would have asked but did not as he was advised that the Derry Area Plan was the relevant document and asked for clarification in respect to whether his queries might have had a bearing on the decision making process of the application. He asked that this matter be put on record.

It was agreed that legal advice would be sought in relation to the above issue.

P83/19 Planning Applications List with Recommendation for Decision

The Chair reminded Members that in line with Planning protocol they were not permitted to contribute to the discussion or vote if they were absent from previous meetings when the application was presented.

RECONSIDERED APPLICATIONS

LA11/2018/0741/O - Proposed 2 No. infill dwellings and 2 No. garages at lands adjacent to & north of 170 Tamnaherin Road, Derry.

The Head of Planning presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and advised that on consideration of all points in respect of the above proposal the recommendation to refuse planning permission remained as per the previous report submitted to Members. She further advised however, that if Members were minded to overturn the recommendation that conditions without prejudice were included in the report.

The Members received speaking rights from Mr Steele, applicant.

Councillor McGuire moved, seconded by Alderman Bresland not to accept the officer recommendation and for planning approval to be granted with conditions attached.

The outcome of the vote; For 8, Against 1, Abstention 0. The proposal was carried.

3 Page 101 The Committee

Resolved that planning application LA11/2018/0741/O be granted planning permission subject to conditions as outlined in the report.

LA11/2018/0353/O - Site for farm dwelling and garage approximately 20m south of 50 Ervey Road, L'Derry.

The Head of Planning presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and advised that Officers remained of the opinion that planning be refused for reasons as outlined within the report. She further advised that if Members were minded to overturn the recommendation that conditions without prejudice were included in the report.

Members received speaking rights from Mr Proctor, applicant.

Discussion ensued after which Councillor Logue moved, seconded by Councillor McGuire not to accept the officer recommendation and for planning permission to be granted subject to the conditions as outlined in the report.

The outcome of the vote; For 8, Against 1, Abstention 1. The proposal was carried.

The Committee

Resolved that planning application LA11/2018/0353/O be granted planning permission subject to the conditions as outlined in the report.

APPLICATIONS RETURNED AFTER SITE INSPECTIONS

LA11/2018/0897/F - Retention of change of use from home/dwelling to three self-catering cottages at 37A Upper Galliagh Road, Elagh, Derry.

The Planning Officer presented the above application, details of which had been previously circulated to Members. He provided an overview

4 Page 102 of the application and, based on material consideration and in line with planning policy, recommended a refusal for reasons as outlined within the report.

Members received speaking rights from Mr Dunn on behalf of the applicant.

Councillor Logue moved, seconded by Councillor J Barr not to accept the officer recommendation to refuse planning permission.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved not to accept the officer recommendation to refuse planning application LA11/2018/0897/F. The application would be returned to Committee for further consideration at a future meeting.

LA11/2017/1132/F - Change of use from dwelling to 4 No. apartments at 24 Coshquin Road, Derry.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended a refusal.

Members received speaking rights from Mr Kieran Martin, agent and Mr Heaney, applicant.

Discussion ensued in relation to the proposed reasons for refusal after which Councillor Kelly moved, seconded by Councillor McGuire not to support the recommendation to refuse planning permission as they felt that the provision of a 5m maintenance strip was unnecessary.

5 Page 103 The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved not to accept the officer recommendation to refuse planning application LA11/2017/1132/F. The application would be returned to Committee for further consideration at a future meeting.

LA11/2018/0558/O - Proposed site for a dwelling at site approximately 60m north west of 58 Carnanreagh Road, Claudy.

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, confirmed that a recommendation to refuse planning permission remained for reasons as outlined within the report.

Members received speaking rights from Mr McLaughlin, applicant and Ms McLaughlin, applicant’s daughter.

Discussion ensued after which Councillor Logue moved, seconded by Councillor McGuire not to accept the recommendation to refuse planning permission as it was felt that the proposal was not contrary to Policies CTY1 and CTY10 of Planning Policy Statement 21.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved not to accept the officer recommendation to refuse planning application LA11/2018/0558/O. The application would be returned for further consideration at a future meeting.

6 Page 104 J/2014/0293/F - 4 No. semi-detached 2 storey dwellings at 20m south west of 97 Camus Road, Douglas Bridge.

The Planning Officer presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended a refusal for reasons as outlined within the report.

Members received speaking rights from Mr McCormick, Agent and Mr O’Donnell, Engineer and sought points of clarification from the representatives.

The Head of Planning advised that since the submission of the application in 2014 there may be various aspects of the application that required further analysis, in particular flood/sud mitigation measures. She also reported that the Rivers Agency advised that they did not have the expertise to provide detailed advice following submission of applications.

Members expressed concern that there was a lack of expertise from statutory agencies, in particular Rivers Agency, to provide detailed advice on applications.

Councillor Gallagher moved, seconded by Councillor Kelly to defer the application so that further information was sought from the Rivers Agency. It was also agreed that Council writes to NI Water and Rivers Agency to express their concerns in relation to the lack of expertise available and the lack of investment, despite the action plan to upgrade watercourse systems as outlined in the Strabane Area Plan.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved i) to defer planning application J/2014/0293/F for further information. The application would be presented for further consideration by Committee at a future meeting.

ii) that Council writes to NI Water and Rivers Agency to express

7 Page 105 concern regarding the lack of resources / expertise to make a judgement on applications and the lack of investment to meet the action plans outlined in the Strabane Area Plan.

NEW APPLICATIONS

LA11/2019/0407/O - Site for infill dwelling within substantially built-up frontage at site adjacent to and north east of 220 Tamnaherin Road, Co. Derry.

The PPO presented the above application, details of which had been previously circulated to Members. She provided an outline of the background to the application and, based on material consideration and in line with planning policy, recommended a refusal for reasons as outlined within the report.

Members received speaking rights from Mr Kennedy, agent and sought points of clarification from the representative.

Discussion ensued after which Councillor Kelly moved, seconded by Councillor McGuire not to accept the recommendation to refuse planning permission, as it was considered Councillor Kelly was not persuaded that the proposal represented ribbon development or suburban development.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved not to accept the officer recommendation to refuse planning application LA11/2019/0407/O. The application would be presented for further consideration by Committee at a future meeting.

8 Page 106 LA11/2018/0004/F - Proposed change of use from retail to retail with hot food at 16 Waterloo Place, Derry.

The Planning Officer presented the above application, details of which had been previously circulated to Members. He provided an overview of the application and, based on material consideration and in line with planning policy, recommended a refusal for reasons as outlined within the report.

The Members received speaking rights from Mr Gallagher who apologised on behalf of the applicant for not submitting the required information which was due to an administrative error on their behalf and asked for the application to be deferred to allow for information to be submitted.

Councillor Gallagher moved, seconded by Councillor Durkan to defer the above application pending additional information to be provided by the applicant.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2018/0004/F be deferred pending additional information to be provided as requested by the Planning Officer, before the August recess.

LA11/2018/0746/F - Change of use of Building A approved for waste storage under A/2004/0978/F to be used as a materials recycling facility + variation of Condition 4 of A/2004/0978/F to permit the processing element of the operation proposed at lands 30m north east of 19 Maydown Road, Derry.

The Head of Planning Performance and Improvement withdrew from the meeting during consideration of the above application.

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted for reasons as outlined within the report.

9 Page 107 In response to a query from Councillor Kelly, the Senior Planning Officer advised that Council’s corporate position on a Zero Waste Circular Economy would not be a planning policy to be considered under this application.

The Principal Planning Officer advised that the Zero Waste Circular Economy was a Council Policy and not a Planning Policy. This application was for the change of use of a building approved for waste storage and whether this would be acceptable under planning policy. She advised that this was a recycling facility for black bin waste.

The Head of Planning explained that there was no specific planning policy in regards to Council’s corporate position on a Zero Waste Circular Economy. However, when working through the LDP process and subsequent planning policies Officers were aware of and cognisant of discussion from Members and Council’s corporate position and this would ultimately be reflected in going forward.

In response to a request from Councillor Logue, the Senior Planning Officer said she understood that a management plan for maintenance and to ensure the tank was emptied regularly by a registered carrier, had been dealt with through the existing Permit. However, an informative, to this effect, could be included in the conditions of the application.

Councillor Logue moved, seconded by Councillor Gallagher to support approval of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote was: For 9; Against 0; Abstentions 1. The proposal was carried.

The Committee

Resolved that planning application LA11/2018/0746/F be approved planning permission subject to conditions as outlined in the report.

10 Page 108 LA11/2018/0782/F - External storage of RDF bales and 4 No. storage bays for glass, wood and construction and demolition waste + variation of Conditions 3 of A/2004/0978/F to permit the external storage of waste at land 125m north east of 19 Maydown Road, Derry.

The Head of Planning Performance and Improvement withdrew from the meeting during consideration of the above application.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted subject to conditions as outlined within the report.

In response to a query from Councillor Kelly, the Senior Planning Officer confirmed that 150,000 tonne of waste could be processed, however the storage capacity of each of the storage bays was 30,000.

In response to a query from Councillor Gallagher, the Senior Planning Officer explained that whilst no consultation had taken place with Fire Authority, however, height of the bales had to be restricted to 3-6 metres for reasons related to fire safety.

Councillor Kelly moved, seconded by Councillor Gallagher to support approval of the application subject to conditions as outlined in the report.

The outcome of the vote was unanimous support of the proposal.

The Committee Resolved that planning application LA11/2018/0782/F be approved planning permission subject to conditions as outlined in the report.

11 Page 109 LA11/2019/0320/O - Proposed single storey dwelling at 5m north of 24 Ervey Court, Brockagh Road, Tamnaherin, Co. Derry.

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. He provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that refusal be granted for reasons as outlined within the report.

Councillor Logue moved, seconded by Councillor Durkan to support refusal of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote: For 9, Against 0, Abstention 1. The proposal was carried.

The Committee

Resolved that planning application LA11/2019/0320/O be refused planning permission for reasons outlined within the report.

LA11/2018/0480/F - Amendment of wind turbine planning approval J/2010/0269/F, changing 30m hub height to 40m and 27m rotor diameter to 39m rotor diameter at lands 110m north east of 29 Erganagh Road, Castlederg, Co Tyrone.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted subject to conditions as outlined in the report.

Alderman Kerrigan moved, seconded by Alderman Bresland to support approval of the application.

12 Page 110 The outcome of the vote was: for 9; Against 0; Abstentions 1. The proposal was carried.

The Committee

Resolved that planning application LA11/2018/0480/F be approved planning permission subject to conditions as outlined in the report.

LA11/2019/0141/F - Change of use of open space land to provide 16 No. additional car parking spaces and re-configuration of existing car park in relation with commercial premises at land adjoining 130 Northland Road, Derry and 98-99 Springvale Park, Derry.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that refusal be granted for reasons as outlined within the report.

Councillor Logue moved, seconded by Councillor Durkan to support refusal of the application for reasons as outlined by the Senior Planning Officer

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2019/0141/F be refused planning permission for reasons as outlined within the report.

13 Page 111 LA11/2019/0152/F - Mobile unit of accommodation as a potting shed/workshop with a toilet and sink. Extended fencing and site curtilage. This proposal is associated with the existing site use at lands to the rear of Nos 21 to 28 (inclusive) Leafair Park, Derry.

Councillor Harkin declared an interest and left the room at this stage.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted for reasons as outlined within the report.

Councillor Gallagher moved, seconded by Councillor Durkan to support approval of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2019/0152/F be approved planning permission for reasons as outlined within the report.

LA11/2018/1163/F - 15 No. dwellings and garages, 9 No. detached and 6 No. semi-detached (proposed change of house type and reduction in density from previously approved scheme) at Sites 192-206 Oak Country Manor Housing Development, off Crescent Link, Londonderry.

The Principal Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted for reasons as outlined within the report.

14 Page 112 Councillor Logue moved, seconded by Councillor Durkan to support approval of the application subject to conditions as outlined in the report.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2018/1163/F be approved planning permission subject to the conditions as outlined in the report.

LA11/2019/0291/F - Retention of existing raised timber decking and guard rail to rear of dwelling and to include new privacy potted screen planting to decking at 4 Woodland Mews, Waterside, Derry.

The Chairperson, Councillor Jackson withdrew from the Meeting during consideration of the above application. The Deputy Chairperson, Councillor Harkin took the Chair during consideration thereof.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended refusal be granted for reasons as outlined in the report.

Councillor Gallagher moved, seconded by Councillor McGuire to support refusal of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote: For 6; Against 0; Abstentions 2. The proposal was carried.

The Committee

Resolved that planning application LA11/2019/0291/F be refused planning permission for reasons as outlined within the report.

15 Page 113 LA11/2019/0166/O - Proposed infill dwelling between No. 113 and No. 115 Slieveboy Road, Claudy.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that refusal be granted subject to conditions as outlined in the report.

Councillor McGuire moved, seconded by Alderman Kerrigan to support approval of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2019/0166/O be approved planning permission for reasons as outlined within the report.

LA11/2018/0015/F - Public realm improvements comprising resurfacing of footways with granite and concrete paving, granite kerbing, enhancements to street tree planting, street lighting and street furniture; demolition & removal of the public toilets in Market Street and the protruding wall at No 3 Railway Street; removal of the Pagoda building at the junction of Castle Street and Abercorn Square; and a reconfiguration of the existing small embankments along Market Street adjacent to the Butcher Street Car Park. The proposals also include improvements to the junction at Railway Street/Abercorn Square/Derry Road/Canal Street, resulting in a realignment of the traffic flows and creation of a new public space in Abercorn Square; improvements to the junctions at Market Street/Butcher Street/Church Street and Main Street/Market Street/Bridge Street, resulting in a realignment of traffic flows; relocation of taxi rank and improvements to on-street parking and service areas at Lands adjacent to 2-80 and 1-39 Railway Street, The Ni Fire & Rescue Station Railway Street, 1-7 and 2-8 Derry Road, 19 Hazelwood, 31-39 and 50 Patrick Street, 1- 9 Canal Street, 1-3 Dock Street, 18 John Wesley Street, the junction of John Wesley Street and Railway Street, 1-49 and 1-12 Abercorn Square, 1-23 and 2-30 Castle Street, 1-5 and 8 Castle Place, 1-23

16 Page 114 Market Street, 8-36 and 43 Main Street, 1-3 and 2-4 Bridge Street, 21-31 Butchers Street, 2 Church Street, Strabane Town Centre, Strabane.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that approval be granted subject to conditions as outlined within the report.

In response to concerns expressed by Councillor Gallagher about the safety of the materials to be used in the resurfacing of footways, the Senior Planning Officer advised that considerable discussion had taken place regarding this and she understood that the pavement had been power-washed which would enhance the grip. However, she undertook to relay the Member’ comments. She concluded that the final materials had yet to be agreed in terms of sourcing and providing continuity.

In response to a request from Councillor Gallagher, the Senior Planning Officer undertook to relay the above comments to the relevant Council Officer.

Councillor Logue moved, seconded by Councillor Gallagher to support the approval of the application subject to conditions as outlined in the report.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2018/0015/F be approved planning permission for reasons as outlined within the report.

P84/19 Appointment of Members to LDP Steering Group

The Head of Planning Performance and Improvement informed Members that as Council had not completed the nomination process to internal groups and external bodies, a meeting of the LDP Steering Group could not be confirmed. He informed the meeting that as soon as nominations had been finalised a meeting of the Steering Group will

17 Page 115 be scheduled. He added that this meeting would not now take place until September 2019.

P85/19 Proposed Listing of Bridge at Gorticrum Road, Glenmornan, Artigarvan, Strabane

The Senior Planning Officer presented the above report, details of which had been previously circulated to Members. The purpose of the report was to advise Members that Council had been consulted in relation to the proposed listing of a bridge on the Gorticrum Road, Artigarvan, Strabane by DfC Historic Environment Division (HED). The consultation was received on 11 June 2019. The listing is being considered under Section 80(1) of the Planning Act (NI) 2011.

The Committee

Recommended that Planning Officers respond to DfC and HED supporting the proposed listing of the bridge as set out in Appendix 26 of the report.

Open for Information

P86/19 Appeals Update

The Principal Planning Officer presented the above report, details of which had been previously circulated to Members. The purpose of the report was to appraise Members on planning appeals currently in the system. A background table was enclosed in Appendix 27 showing the current status of any live appeals and any decisions made since the last Meeting.

Members noted the content of the above report.

P87/19 Enforcement Update 2018/19

The Senior Planning Officer presented the above report, details of which had been previously circulated to Members. The purpose of the report was to update Members on the progress made by the Planning Enforcement Section for the business year 2018-2019.

18 Page 116 Members noted the content of the above report.

P88/19 List of Decisions Issued – June 2019

Members noted for information the List of Decisions issued during the month of June 2019.

The meeting went into confidential business.

The meeting ended at 8.15pm.

19 Page 117 This page is intentionally left blank Agenda Item 9d

Derry City and Strabane District Council

Open Minutes of Business and Culture Committee Meeting held in the Council Chamber, Derry Road, Strabane on Tuesday 9 July 2019 at 4.00pm.

______

Present:- Councillor Cusack (in the Chair); Alderman Warke; Councillors J Barr, R Barr, Duffy, Farrell, Kelly, Logue, McCann, McLaughlin.

In Attendance:- Director of Business and Culture (Mr S Gillespie), Head of Business (Mr K O’Connor), Head of Culture (Ms A McCarter) PA to Director of Business & Culture (Ms J Galloway-Doherty) and Committee Services Assistant (Mrs J Short).

______

BC85/19 Notice and Summons of Meeting

The Director of Business and Culture read the Notice and Summons for the meeting.

BC86 /19 Member Attendance and Apologies

The Director of Business and Culture completed the roll call and recorded apologies from Councillor Carr.

BC87/19 Declarations of Members’ Interests

There were no declarations of interest.

Open for Decision

Chairperson’s Business

BC88/19 Rewire Festival

The Chair congratulated all involved with the recent launch of the Rewire Festival that featured events to celebrate youth culture throughout the City and District over a 12 day period (26 June – 7 July

Page 119 2

2019). She added that this was an excellent opportunity for the youth to develop their skills and build relationships.

BC89/19 Confirmation of the Open Minutes of the Business and Culture Committee held on Tuesday 11 June 2019

The Open Minutes of the Business and Culture Committee Meeting (BC67-BC82/19) held on Tuesday 11 June 2019 were confirmed.

BC90/19 Matters Arising

There were no matters arising from the minutes.

Councillor McCann joined the meeting at this stage.

BC91/19 Update on the Investment Service Activities and Work Plan

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the delivery of the Investment Service and international relations activities. To seek Members’ approval for the forward work plan for 2019/2020 and associated budgets.

The Head of Business in response to Councillor McLaughlin clarified that as outlined within the report the sponsorship costs would be met from existing Business and Culture budgets and the NW Development Fund.

Councillor McLaughlin further referred to the statement within the report that alluded to a total of 5,096 jobs announcement in the DCSDC area since April 2015, and sought clarification regarding the statement as she felt this was somewhat misleading. The Head of Business clarified that the Council’s business team mapped out job announcements from the various agencies and primarily through Invest NI and the information was based on Companies yearly action plans.

Councillor McLaughlin commented that whilst she endorsed the report she was not entirely convinced that this was the most accurate mechanism to apply in terms of job creation throughout the City and District.

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Councillor Cooper referred to the impending City Deal funding and the need for Council to lobby central government and Invest NI for increased resources and power to promote the North West.

Councillor McCann concurred with the previous speakers. He added that the job announcement figures could be misleading and somewhat aspirational and required more clarity as to the exact number of jobs created throughout the City and District.

The Head of Business in response to Members advised that it was a competitive scenario in terms of provision of accurate figures from the various companies. He added that the most accurate process was to review the NISRA and unemployment rate since 2015, that reflected a significant reduction in unemployment figures.

Councillor McCann referred to the human rights situation in China factories and in particular the treatment of the Weigao people which was concerning. He asked were possible that Officers relay the concerns when in discussions with key representatives of the global business market.

The Committee

Recommended that Members i) note the range of investment service and international relations activities and associated outputs. ii) approve the programme of activities for the coming financial year 2019/2020. Iii) that Council writes to the Department and Invest NI to request increased resources and power to promote the North West in light of impending City Deal funding.

BC92/19 Market Trading Opportunities at Derry/Londonderry Halloween Festival

The Head of Business presented the above report a copy of which had been previously circulated to Members. The purpose of the report was to seek Members’ approval on the proposed Market Trading Opportunities for the Derry/Londonderry Halloween Festival 2019.

Page 121 4

Councillor McLaughlin welcomed the report and commented that the proposal was more effective in meeting the needs of the local traders.

Councillor Kelly sought clarification in relation to the longterm strategic approach in terms of the creation of linkages and the promotion of food producers that existed in the City and District.

The Head of Culture assured Members that the emphasis was entirely on ensuring that local produce was to the forefront and that was the key ethos of the food strategy and to encourage the connection of local suppliers with local restaurants in going forward.

The Committee

Recommended that Members endorse the proposal set out for Market Trading Opportunities at Halloween 2019.

BC93/19 Harbour Square Redevelopment Project

The Director of Business and Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to inform Members of a proposed application to the Department for Communities (DfC) regarding a redesign of Harbour Square including the installation of a new public artwork within this space.

The Director of Business and Culture in response to queries/comments advised Members that the Department had indicated support of the project to completion. He further advised that in terms of timescale for progression of the project that it would take approximately 6 months to receive a Letter of Offer (LOO). Following the receipt of the LOO a tender process to appoint a design team would have to take placeto appoint a design team. He assured Members that the Department were a willing partner and the timeframe was normal procedure. He also clarified that there would be no impediment with the project due to devolved Government and Council had a solid procurement strategy in place to ensure that the legacy project was delivered to the citizens of DCSDC.

Page 122 5

Councillor McCann availed of the opportunity to request that Council writes to Ms Helen Cammock to express congratulations and recognition of her recent achievement in being shortlisted for the prestigious Turner Prize 2019.

The Committee

Recommended that Members approve the £10,000 contribution to costs regarding the appointment of an Integrated Consultancy Team (ICT) tasked with the delivery of the Harbour Square Redevelopment project as part of the proposed funding application to DfC.

BC94/19 City of Derry Jazz & Big Band Festival 2019

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the outcome of the 18th City of Derry Jazz and Big Band Festival and also to seek approval from Members to progress the programming and promotion of the 19th City of Derry Jazz and Big Band Festival in May 2020.

Councillor McCann welcomed the report and said that the festival was an excellent event for everyone. He referred to the contribution that Gay McIntyre made to the Jazz festival and suggested that if possible officers considered renaming the Jazz Festival for one year in honour of Gay McIntyre’s contribution.

After debate among the members, it was agreed that officers should consider ways to acknowledge the contribution of Gay McIntyre to the jazz in the city.

The Head of Culture agreed to bring back a paper with options for members consideration.

The Committee

Page 123 6

Recommended that Members i) note the contents of the report and approve the programming, financial and procurement arrangements for the Jazz Festival in 2020.

ii) note that a report would be presented to outline proposals for Council to identify the contribution that Gay McIntyre has made to the Jazz music industry through the Jazz Festival.

BC95/19 Halloween 2019

The Head of Culture presented the above report a copy of which had been previously circulated to Members. The purpose of the report was to update Members on proposals for the Halloween Festival 2019 and to advise on the procurement processes to date.

The Chair welcomed the report, expressed excitement with the impending Halloween Festival activities for the City and District and thanked the Officers and team for the report.

Councillor Cooper welcomed the report. He referred to the increase in visitor numbers since 2015 that had resulted in the growth of the scale of the Halloween festival to international and major event level. He also referred to the economic benefit that the event provided to the City and District.

The Head of Culture in response to Councillor Farrell clarified that the funding contribution from Tourism NI would be match funded by Council and that sustained the development of the Halloween event.

Councillor Barr suggested that a themed busking event be considered for Strabane town in August and the reinstatement of the St Patrick’s Day parade to the Melmount Road to facilitate participation by the residents at the care homes.

The Head of Culture advised Members that Officers were currently reviewing the Summer Jamm and looking at specific themes for the event and busking could be considered. If Council were to look at delivering a specific separate event in August, it would require

Page 124 7

additional budget and resources. She also advised that any organisation who wished to run such an event could consider applying to Council’s Community Festival or Headline Events Funds. . She referred to the suggestion of rerouting the St Patrick’s Day parade in Strabane and agreed to present options to Committee in the Autumn.

The Committee

Recommended that Members approve financial and procurement arrangements as set out above and note the contents of the report.

BC96/19 DCSDC Public Artwork Portfolio Maintenance

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to provide Members with details concerning the recommissioning and ongoing maintenance requirements for the public artwork portfolio in the DCSDC area and to highlight the budget implications for the full implementation of a proposed maintenance schedule.

To seek Member approval to approach relevant government departments to seek a recurring contribution to maintenance costs for the Public Artwork portfolio within the Derry City and Strabane District Council area.

The Committee

Recommended that Members i) note the cost implications for the ongoing upkeep ad maintenance of the public artwork portfolio.

ii) agree for Council to approach relevant government departments to seek a contribution to costs for ongoing maintenance of the public artwork portfolio in the DCSDC area. Members will be presented

Page 125 8

with a subsequent paper detailing the outcome of these negotiations.

Open for Information

BC97/19 Hosting of Clipper 2019-20 Race & Foyle Maritime Festival 2020

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members regarding the contractual agreement between Council and Clipper Ventures that will result in the City hosting the Clipper 2019-20 Race in July 2020 and to outline key milestones regarding the planning delivery of the Foyle Maritime Festival in July 2020.

The Head of Culture reported that the dates of when the City would host the Clipper event were released earlier that day and would take place on Saturday 25 July to Sunday 2 August 2020.

The Committee

Recommended that Members note the contents of the above report.

BC98/19 Education & Skills Update on the Phase 2 Apprenticeship Marketing Campaign

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the phase 2 Apprenticeship Marketing Campaign hosted by Council’s Skills Team and to note the progress made on delivering one of the key outcomes of the Strategic Growth Plan: - ‘promote the importance of educational pathways and promote the apprenticeship framework’.

The Committee

Recommended that Members note the progress made by the Skills team on delivering one of the key outcomes of the Strategic Growth Plan:- ‘promote the importance of educational pathways and

Page 126 9

promote the apprenticeship framework’.

BC99/19 Strabane Market Trading

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the progress of the development of a Market Trading Offering in Strabane Town.

Councillor Kelly expressed his disappointment with the outcome of the above review. He suggested that Officers consider promoting market trading on the same dates when the larger events be hosted in the town as a trial period. His comments were noted accordingly.

The Committee

Recommended that Members note the contents of the above report.

BC100/19 Rural Connectivity – Overview of Current Policy Interventions

The Head of Business presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the current and planned initiatives being rolled out by Central Government, UK Government and organisations with responsibility for Broadband provision and digital connectivity.

The Committee

Recommended that Members note the contents of the above report.

BC101/19 Update on Procurement of Marketing for Digital Marketing Support

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to inform Members of the outcome of a tender exercise for the Provision of Digital Marketing Support undertaken by the marketing team.

The Committee

Page 127 10

Recommended that Members note the contents of the above report.

BC102/19 Rural Tourism Project Update

The Head of Culture presented the above report details of which had been previously circulated to Members. The purpose of the report was to update Members on the progress of a number of tourism projects being delivered by the Business and Culture Directorate.

The Head of Culture referred to the previous nominations made to the Sperrins Future Search Board and explained that 4 nominations were inadvertently agreed when it should have been 2 and as a result Alderman Hussey and Councillor J Barr were content to act as reserves and Councillor Kelly and Alderman Bresland would be represented on the Board.

The Committee

Recommended that Members note the contents of the above report.

The meeting went into confidential business.

The meeting ended at 5.50pm.

Page 128 Agenda Item 9e

Derry City and Strabane District Council

Minutes of Meeting of the Environment and Regeneration Committee (Open) held in the Council Chamber - Strabane Council Offices on Wednesday 10 July 2019 at 4.00 pm

Present:- Councillor Tierney (in the Chair), Aldermen Devenney, Hussey and McCready, Councillors Duffy, Durkan, Ferguson, Hunter, Jackson, McCann and McHugh.

Non-Member of Committee – Alderman Guy.

In Attendance:- Head of Environment (Mr C Canning), Head of Capital Development and Building Control (Mr F Morrison) and Committee Services Assistant (Ms N Meehan).

ER126/19 Notice and Summons of Meeting

The Head of Environment read the notice and Summons for the Meeting.

ER127/19 Member Attendance and Apologies

The Head of Environment completed the roll call and apologies were recorded from Alderman Ramsey and Councillors Burke and Dobbins.

ER128/19 Declarations of Members' Interests

Alderman Hussey and Councillor McHugh declared an interest in Item 8 – Castlederg – Green Infrastructure Masterplan

Councillor Tierney declared an interest in Item

ER129/19 Deputation - To receive Mr C Gray and Mr D Butler, SGN Natural Gas Network to Present Future Gas Network Plans in Strabane

The Committee received Mr C Gray and Mr D Butler, SGN Natural Gas who gave a joint presentation on SGN Natural Gas Future Gas Network Plans in Strabane which highlighted the following:

Project Timelines

Page 129 2

January 2017 – January 2019

SGN Natural Gas Network

The role of SGN Natural Gas is to bring natural gas to homes and businesses I the Western area of Northern Ireland.

Key Aims:

- To effectively tackle fuel poverty in our network area - Significantly reduce the carbon footprint of our customers - Enable businesses to drive efficiency savings, making them more competitive in global markets

Fuel Poverty in the Region

Living in a cold damp home often directly causes poor health and well- being and can be a contributing factor to a specific conditions such as:

- Stroke - Coronary heart disease - Asthma - Respiratory illness - Compromised mental health - Every year in Northern Ireland there are around 800 excess winter deaths as a direct result of the cold, with many more becoming ill.

In Northern Ireland oil is the most common home heating fuel. Around 68% of households use oil and this rises to over 80% of households in rural areas. This over-dependence on one unregulated fuel means fuel poverty initiatives in Northern Ireland need to address a unique set of challenges which may not be as prevalent elsewhere.

Tackling fuel poverty is a key consideration for our project. We are committed to having a positive impact on tackling the levels of fuel in Strabane and throughout the rest of our network area.

The average rate of fuel poverty in Northern Ireland is 42%.

In the Strabane area the rate of fuel poverty is 52-56.

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Natural gas will give consumers an alternative choice to traditional home heating fuel methods. A key benefit of natural gas is the ability to top up a prepay meter from as little as £5. Homes also have the option to pay their bill through direct debit ensuring flexibility for all customers based on their preference.

Reducing our Carbon Footprint

Enabling Business to thrive

Businesses in the Western area of Northern Ireland will benefit greatly from the arrival of natural gas.

Construction Update

Distribution pipeline construction

Educating our Children on Natural Gas Safety

Key Facts on Natural Gas in Strabane

- We launched a NISEP „Warm at Home Scheme‟ in Strabane in Summer 2018, this was hugely successful and oversubscribed within 12 weeks from launch. - By Q2 2020 over 3,000 homes in Strabane would have access to natural gas. - There are currently over 400 homes connected to natural gas in Strabane (136 of which are Housing Executive). - Over 105KM of distribution pipeline in the ground throughout our network area (in addition to the over 200km of IP and HP pipelines).

We are committed to supporting the towns we serve

Positive Engagement is Key

The Chairperson thanked the deputation for their presentation and commended them on its content. Members then raised the following issues:

- Welcomed the scheme particularly in regards to addressing fuel poverty and reducing the carbon footprint, and the additional choice now being offered to residents of Strabane.

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- Acknowledged fluctuations in fuel prices and welcomed the choice now available. - Enquired if any decision to extend the gas pipeline to more rural parts would be based solely on cost effectiveness. - Welcomed the increasing numbers opting for Natural Gas. - Referred to the benefits to be derived from gas in more extreme rural parts given the currently levels of fuel poverty existing there. - Enquired if residents in social housing who had converted to gas had been given a choice. - Sought quantitative data regarding the 130 properties who had switched to gas fuel in terms of fuel costs incurred by them during the previous twelve months. - Enquired as to the criteria in regard to eligibility of the Warm Home Scheme. - Acknowledged the benefits to be derived from the scheme by local businesses. - Queried if domestic demand was apparent which would create a public anchor tenant, and if this would justify the extension of the scheme to more remote rural areas.

The representatives responded as follows:

- Explained that the Company‟s first focus was to extend the pipeline to main urban areas. - Referred to the possible involvement of the utilities regulator and other external agencies in regards to the extension of the gas pipeline to more remote rural areas. - Advised that the pipeline had been extended to Artigarvan which was relatively rural. - Referred to the significant costs involved in extending the scheme to more rural areas which would require investigation. - Reiterated the need for the utilities regulator to be involved with any extension of the pipeline to more remote rural areas. - Referred to the significant differences in regards to fuel provision and gas in terms of East and West. - Explained that the Company‟s current focus was to deliver natural gas to urban areas and 40km of pipeline had been already laid in order to achieve this. - The extension of the gas pipeline to more remote rural areas was not a short-term objective. - Referred to the need to carry out an evaluation of SGN‟s role in terms of cost.

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- Explained that SGN were responsible for the installation of the pipeline and not the supply of gas. - Confirmed that all consumers both those residing in social and private housing were provided with a choice in regards fuel conversion. However, not every household had decided to convert to gas. - Referred to the role of Bryson Energy in ensuring that consumers made an informed decision. - Referred to the online consumer cost conversion calculator service which provided an accurate calculation of the cost involved in fuel conversion. - Referred to the number of registered gas suppliers and variations which existed in regards to fuel conversion based on the make-up of individual properties. - Pointed out that whilst the NISEP Scheme had now closed as it had reached capacity, SGN would continue to endeavour to maximise use. - Encouraged potential consumers to shop around to identify the most economical and efficient supplier. - In terms of offering incentives, advised that SGN contributed £500 towards the cost of conversion which was similar to both Phoenix and Firmus Gas. - Referred to the fact that there were two different types of gas pipeline. LacPatrick had converted to natural gas using the alternative type of pipeline. - Pointed out that although only twenty two households in Artigarvan had connected to natural gas this was sufficient to justify the installation of a pipeline by SGN. - In regards to Sion Mills and Castlederg, explained that SGN were concentrating on the areas in respect of which a licence had been granted by the utilities regulator. When this had been completed would investigate the possibility of extending the scheme to other areas. - Whilst SGN would welcome the extension of the scheme, this was restricted by the utilities regulator in terms of expenditure. SGN were ultimately obliged to submit their plans/proposals to the utilities regulator for approval. Any lobbying by Council in this regard would be much appreciated. - Reiterated that the extension of the scheme to more remote rural areas would be agreed on an individual cases basis and the number of properties involved. The utilities regulator could offer assistant in the preparation of a business case in respect thereof.

Chairperson's Business

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ER130/19 Muff Glen Footbridge

The Chairperson advised that Members had consented to grant speaking rights to representatives from the North West Red Squirrel Group who wished to address Committee in regards to Item 14 on the Agenda – Muff Glen Footbridge.

ER131/19 Confirmation of the Open Minutes of the Environment and Regeneration Committee held on Wednesday 12 June 2019

The Open Minutes of the Environment and Regeneration Committee held on 12 June 2019 (ER92/19-ER102/19) were confirmed and signed by the Chairperson as correct.

Matters Arising

ER132/19 Derg Riverside Walkway (Ref ER98/19)

In response to a query from Alderman Hussey, the Head of Environment explained that the update was included within the Sion Mills Masterplan report.

ER133/19 Deputation - To receive Mr J Wright (Head of Regulations) and Mr K Wells (Team Manager), North West Regulations Team NIEA to give a Presentation on Anaerobic Digesters (Ref ER99/19)

Councillor McCann provided Members with a detailed account including statistical data on the role and function of Anaerobic Digesters and the subsidies in respect thereof. He suggested that those benefitting most financially from the current arrangement was venture capitalists based in London. He expressed concern that whilst Northern Ireland had only 3% of the UK population it had 12% of the UK‟s ammonia emissions and questioned the fact that Anaerobic Digester subsidies were four times higher here than in the rest of the UK.

He then referred to the need to establish a relationship between this industry and the Civil Service. He referred to the recommendation on the above matter made at the previous meeting of Committee that he would prepare a list of questions on the Anaerobic Digesters for submission to NIEA.

Councillor McCann Proposed

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That representatives from the Department of Agriculture and NIEA be requested to answer the following questions:

(i) What is the average number of Anaerobic Digesters which exist across England, , Wales and Northern Ireland and provide confirmation in regards to population size in each area.

Whilst not suggesting any possibility of misconduct, Councillor McCann further suggested that Council requested that a Public Inquiry be carried out into Anaerobic Digester industry.

Councillor McCann Proposed, Councillor Durkan Seconded

That that a letter be sent to NIEA, a copy of which is forwarded to the Department of Agriculture, stating that this Council requests a Public Inquiry into the operation of Anaerobic Digesters in Northern Ireland.

Alderman Hussey suggested that initially Council proceed with the earlier recommendation made at the previous Meeting of Committee.

Councillor McCann stated that this issue required a much more fundamental Inquiry and approach than that proposed earlier. It was of such a scale to warrant a Public Inquiry.

The Chairperson stated that the latter proposal was outside the remit of the earlier recommendation.

Whilst acknowledging the comments made by Councillor McCann and the issues involved, Councillor Duffy suggested that it was somewhat hasty to request a Public Inquiry at this stage, indicating other avenues yet to be pursued.

A number of Members concurred with the sentiments expressed by the previous speaker.

Councillor Jackson suggested inviting representatives from NIEA to address a future Meeting of Committee on this subject. He pointed out that the issue of subsidies had not been raised previously with NIEA.

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Councillor Durkan Proposed the following Amendment

That whilst acknowledging the merits of a Public Inquiry into the operation of Anaerobic Digesters in Northern Ireland, however, in the meantime Council write to NIEA submitting a list of questions from Councillor McCann and expressing concern at the responses provided at the March Meeting of Committee and seeking clarification on a number of issues.

The Chairperson advised Members of the need to agree on a definitive course of action.

Subsequently the Committee

Recommended that whilst acknowledging the merits of a Public Inquiry into the operation of Anaerobic Digesters in Northern Ireland, however, in the meantime the Head of NIEA be invited to attend a future Meeting of Committee to discuss the issue of Anaerobic Digesters and answers to the list of questions to be submitted from Councillor McCann.

ER134/19 Muff Glen Footbridge

It was agreed that the above item be considered at this stage in the Meeting.

The Head of Environment presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members on the status of the damaged footbridge at Muff Glen, Eglinton and to advise of potential next steps with regard to this matter.

Member agreed to receive Ms Pamela Hardenan from the North West Red Squirrel Group to address the Committee.

Ms Hardenan pointed out that there were four thousand residents in Eglinton Village and Muff Glen was a wonderful resource for the Village and was used by many local community groups. She said it provided a

Page 136 9 wonderful walkway and local residents had been angered at the length of time it had taken to have the necessary repair works carried out to the footbridge following the 2017 floods. Residents had been advised that there were insufficient funds to replace the bridge. She made reference to a circular road which had existed which had been very popular and had been used by many to search for red squirrels. She referred to a narrow pathway which was causing a major health and safety issue.

Ms Hardenan advised that earlier in the year the Red Squirrel Safari was launched in respect of which funding had been granted which had received approval from the Forest Service and was proving a major tourist attraction. She stated that it would be much safer for all potential users if the footbridge was replaced. She referred to discrepancies regarding estimates in respect of the replacement of the bridge. She stated that this was a well-used facility which she anticipated could be returned to its former self.

Councillor Durkan suggested that the recommendation contained in the report be more robust and the Department be reminded of their statutory duty in this regard and in respect of which they were currently in breach. She referred to the Department‟s duty to promote the recreational use of facilities. She referred to the potential safety hazard which was preventing people from using the facility. She referred to the fact that Muff Glen was a hidden gem and Council should do all in its power to seek to maximise its recreational use and tourism potential.

Councillor Hunter also emphasised the amazing features of this facility and referred to the need for safe and easy access. She queried what alternatives, if any, were available should the Department state that they were unable to carry out the projected works.

Councillor Jackson expressed concern at the parameters within which the estimates provided were based and enquired if Officers had any more specific information in terms of the cost and engineering constraints of the proposed repair works.

The Head of Environment advised Members that Muff Glen was not a Council asset and as such Council had not carried out a technical assessment of the works required. He stated that in order to do so it would be necessary to carry out technical assessments and Council was not in a position to provide the necessary resources to carry out these works. He continued that any repair works would have to be funded from Council‟s budget and costed as part of the rates estimates

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process. It would also be necessary for Council to enter into a licence agreement with the Forest Service. He pointed out that Council had a number of other assets which were severely damaged in the 2017 floods and when these assessments had been completed it would be possible to update costs as there would be engineer‟s assessments of the works and it would be possible to review and provide an estimate in respect thereof. He reiterated, however, that as this was not a Council asset it was not possible to carry out detailed assessment works.

Councillor Jackson said he was not suggesting that Council undertake the works but querying the parameters within which the estimates provided were based.

In response to a query from Councillor Ferguson, the Head of Environment explained that any response from the Forest Service would be presented to Committee together with possible options and potential costs. He referred to the existing bridge which was unacceptable and if Council was to provide access it would have to be accessible to all.

Subsequently the Committee

Recommended that a formal request be sent to the Permanent Secretary of DAERA requesting, that as owners of the forest, they take urgent action to replace the Footbridge at Muff Glen and reminding them of the statutory duty in this regard.

ER135/19 Castlederg - Green Infrastructure Masterplan

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to present the Castlederg Masterplan to Members and seek endorsement for the recommendations as outlined.

Councillor McHugh welcomed the above report. He pointed out that PEACE IV had improved community relations in Castlederg which had proved something of a challenge. He stated that fulfilling this project had the potential to bring community relations to a better place. He acknowledged that this was only a concept at this stage and expressed disappointment that the private land had not been progressed to handover by the land owner. However this merely emphasised the

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need to prioritise land which was within Council control. He also referred to the need to work with those involved in the development of the project in order that it be progressed accordingly.

Alderman Hussey endorsed the comments made by the previous speaker and welcomed the bringing together of the two elements of the community. He also referred to the importance of progressing what was in Council‟s control and work on those areas which were outside it. He referred to an agreement which existed with Derg Valley Football Club regarding a section of ground which would be included in the project. He referred to the tremendous work carried out by the Steering Group.

In response to a query from Alderman Hussey, the Head of Building Control explained that greenway standard was in regard to width which, for combined cyclists and pedestrians, was required to be 3.5M.

Alderman Hussey referred to the Derg Bridge and the number of pedestrians using it which was presenting a danger. He stated that if the project materialised it would be extremely welcome and would provide a connection for the two clubs by the footbridge. One of the arms of the second bridge was on private lands and he anticipated that the owner of the land would be accommodating.

Councillor Hunter welcomed the proposal and the focus on greenways. She stated that Castlederg was very deserving of this project and she welcomed the progress which had been made in regards to community relations.

The Committee

Recommended (i) that Members endorse the Green Infrastructure Masterplan for Castlederg; (ii) that Officers progress implementing the Plan through a phased approach; and (iii) Officers progress the environmental enhancement scheme at Castle Park and the feasibility assessment of the Derg riverside path, as the first phases of the Plans implementation.

ER136/19 Expressions of Interest - Visitor Project at the City Cemetery

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The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Members‟ approval with regard to a visitor/tourism opportunity relating to the City Cemetery and to seek approval to engage Land and Property Services (LPS) in determining a rental premium in terms of office space offered relating to this proposal.

The Chairperson welcomed the report and the recommendations contained therein with regards to the City Cemetery and the provision office space.

Various Members concurred with the Chairperson‟s comments and welcomed this opportunity to realise the potential of the City Cemetery whilst providing an opportunity to enlighten people in regards to its historic content. IT was suggested that such schemes should be encouraged in order to promote the City and district in terms of tourism potential.

The Committee

Recommended (i) that Members agree to the proposal received by Council from Seamus Breslin with regard to the Expression of interest Issues; and

(ii) LPS be engaged to determine an appropriate rental income with regard to the office space provided under the proposal.

ER137/19 Coshquin Play Provision

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Council authority to approve the Coshquin Play Provision subject to the outcome of achieving Full Planning Approval.

Councillor Durkan welcomed this much needed amenity in the Coshquin area. She referred to Council‟s impressive background in regards to play provision across the City. Whilst acknowledging the poor attendance at the recent community consultation exercise, she stressed the importance of consultation in going forward. She referred to design issues which may require further consideration particularly in regards to disability play provision.

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The Head of Environment explained that any Council designed facility would include accessibility as standard. He pointed out that there were specific requirements for children and adults with special needs. He advised that Play Consultants had been appointed to assess play provision across the Council district and this would include bespoke accessible play equipment. He added that the first installation of specialist play equipment had taken place in Brooke Park. He pointed out that such facilities required different types of management arrangement. He assured that there would be facilities across the district for children with specific play requirements.

Councillor McCann welcomed this initiative. He referred to the significance any sizeable delay on providing play equipment can have on young children. He anticipated that this facility would create a central space in Coshquin.

Councillor Ferguson acknowledged the significance of this facility for the Coshquin area. She anticipated that the consultation would take place within the proposed timeframe.

The Chairperson advised that the timeframe would depend on planning permission and further reports would be presented to committee on progress thereon.

Alderman Hussey referred to proposals for play provision in other Council areas and the need for renovation works to be carried out to a number of existing play facilities.

The Head of Environment referred to the appointment of Play Consultants who were tasked with carrying out a review of play provision throughout the Council district as part of which existing facilities would be assessed including where improvements were required and where there was currently no play provision. Their findings would inform a Masterplan for play provision across the region. He acknowledged problems in regards to Killen where there were a number of unique issues adding that it was anticipated these would be resolved. He stated that Newtownstewart and Magheramason were currently being progressed and this was a significant investment. He stated that considerable inroads were being made in regards to Sion Mills. He emphasised Council‟s commitment to play provision throughout the district.

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Alderman McCready pointed out that during the previous two months Faughan based Councillors had attended a consultation regarding the Eglinton Play Park. He expressed concern that the plan presented did not contain any provision for disabled children. He enquired if Council had a policy that any renovations or upgrades would include disabled provision.

The Head of Planning advised that all Council‟s new facilities were designed to be accessible which differed from equipment which had special use. He stated that the Masterplan would identify any gaps which existed. He continued that there were specific requirements regarding specialised equipment which had to be properly managed because of the dangers it could present.

The Head of Environment advised that Council were progressing with the replacement of equipment at Eglinton on a like for like bases but were contacted by residents who opposed this. This was currently being reviewed and when finalised, the findings would be presented to Committee and he anticipated that it would meet with the requirements of those residents who were opposed to the previous choice of replacement.

Subsequently the Committee

Recommended that Members endorse the designs and further community consultation exercise subject to the successful outcome of the planning application and instruct Council’s Legal Services and LPS to initiate land transfer arrangements.

ER138/19 Graffiti Removal Arrangement

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to appraise Members of existing arrangements and programmes with regard to instances of graffiti across the Council district following a recent Notice of Motion adopted by Council with regard to this.

Councillor Hunter referred to concerns expressed by Councillor Cusack, the Proposer of the Motion passed by Council, that the view did not reflect the main part of the Motion. She stated that Council was the main body for addressing graffiti, however, it continued to be a major

Page 142 15 issue. Whilst Councillor Cusack had been given reassurances it did not appear that any action had been taken. She requested greater clarity in regards to Council being the body for addressing graffiti.

The Head of Environment pointed out that additional resources would be required in order for Council to adopt a more robust approach to addressing graffiti which would require to be included in the rates estimates. He stated that whilst Council had responsibility for Victoria Market many of the surrounding buildings were in private ownership. Council had attempted to have the graffiti removed to no avail and in order for Council to undertake this task additional resources would be required.

Councillor Duffy praised the Council approach to graffiti in her area and suggested that the key was engagement with local community groups. She stated that identifying external sources of funding was the way forward. She referred to the need for a positive approach and to engage with young people in the community to become involved in the removal of graffiti in their area and therefore promote a sense of ownership. She did not consider there was currently a need for a dedicated Officer to address the issue of graffiti.

Alderman McCready commended the work carried out to date. However, he expressed concern that whilst graffiti appeared superficial, in terms of a functioning society, it was evidence based that when ignored and left to fester in an urban environment graffiti encouraged crime. He referred to a radical approach adopted in America to address this problem when it was agreed that graffiti be removed within twenty four hours. Whilst acknowledging the financial implications he emphasised the potential consequences if the problem was not addressed in a timely manner. He stated that if the resources could be identified all possibilities must be addressed and accordingly requested that a review of the current process be carried out.

Alderman Hussey referred to the need to address the issue of graffiti and referred to the link between graffiti and anti-social behaviour. He referred to the fact that Council had the expertise for removing graffiti and enquired if there was a methodology for reporting incidents of graffiti.

The Head of Environment advised that the removal of graffiti for Council properties was the responsibility of Council‟s Property Maintenance Section. However, there was an issue in terms of reporting an incident on an undefined property. He stated that Officers

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would take direction from Members in regards to how this be addressed in the future. He referred to a number of issues associated with this which required addressing. He stated that graffiti reported on Council property was removed within twenty-four hours, however, he was unable to comment in regards to other agencies. They did, however, have access to the same contractors. He said there were processes in place and costs were significant as site visits would be required, legals may need to identify property owners etc.

Councillor McCann acknowledged Council‟s approach but referred to the need for consultation with other agencies regarding their duty of care. He referred to a possible scenario when the initial budget would come from Council but could potentially be reimbursed. He suggested that a more holistic approach was key to succeeding.

Councillor Duffy requested that Members were provided with a cost estimate for a dedicated Officer in respect of graffiti removal.

Subsequently the Committee

Recommended (i) that a Working Group be established to discuss Council’s future role in regards to graffiti removal and to provide direction to Officers in this regard; and

(ii) the Working group are provided with a cost estimate in regards to the appointment of a dedicated Officer to deal with graffiti removal.

ER139/19 Leading the Way Initiative

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members with regards to additional funding received from the Public Health Authority )PHA) with regard to the Leading the Way Initiative and to seek Members‟ approval to reappoint Sustrans as the delivery partner for the project.

The Committee

Recommended that Members endorse the reappointment of Sustrans to continue with the Leading The Way programme

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for one further year in the sum of £57,000.00 through funding secured from the Public Health Authority.

ER140/19 Limavady Road - Planters

The Head of Environment presented the above report, a cop[y of which had previously been circulated. He advised that the purpose of the report was to seek Members‟ authority to remove two old raised planters along the Limavady Road to support the regeneration of the area.

The Committee

Recommended that Council support the removal of the raised bedding planters along the Limavady Road and relocate the seasonal bedding displays to the new entrance at St Columb’s Park.

ER141/19 Northwest Multi Modal Hub - Lands

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members on the lands aspects of the above matter and seek Members‟ final approval for (a) the acquisition of lands from Translink Ni/Northern Ireland Transport Holding Co Ltd (“Translink”) necessary to facilitate the development and use of the Ebrington Greenway and (b) the disposal of land to Translink to facilitate track realignment.

The Committee

Recommended that (i) Members approve the acquisition of the lands set out in Appendix 1 for the sum of £7,000; and

(ii) Members approve the disposal of the lands set out in Appendix 2 for the sum of £1,000.

ER142/19 Street Naming and Property Numbering - Request for Development Name

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The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to gain Members‟ consent to name a new development at Main Street, Eglinton.

The Committee

Recommended that approval be granted for the adoption of the name ‘Moncrief Court’ for the housing development at Main Street, Eglinton.

ER143/19 Membership of Zero Waste Europe

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to seek Members‟ endorsement with regard to applying for membership of the Zero Waste Europe network.

A lengthy debate ensued during which the following salient points were raised:

- Referred to the importance of Zero Waste in terms of addressing the climate emergency and the global crisis. - Expressed concern at the lack of progress in regards to Council becoming a Zero Waste economy. - Referred to the need for a joint approach in terms of tackling this issue. - Suggested establishing a Steering Group to drive this forward and address any issues which emerge. This group to include representatives from Zero Waste North West. - Proposed a policy on the “No Sale of Fossil Fuels/Diesel/Petrol”. - Referred to the impact of CO2 emissions on climate change with air travel being a massive contributor. - Referred to the need to consider and assess the environmental impact of all future infrastructural developments and any issues identified being addressed prior to works beginning. - Referred to issues with potential budgetary implications. - Referred to the benefits of a Zero Waste Economy for the City in terms of greater tourism potential. - Acknowledged the work carried out by Zero Waste North West. - Referred to the need for a functioning Climate Emergency Group who could be the overarching advisory body.

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The Chairperson advised that the Strategic Growth Plan Environmental Pillar contained a commitment for a Forum to be established with Council as the lead partner to address the issue of a Zero Waste Strategy emerging from Council‟s policy to become a Circular Economy and suggested that it be on this basis that the matter is taken forward.

Councillor McCann expressed concern that eighteen months following the adoption of a Motion by Council no action had yet been taken.

The Chairperson reiterated that there was a proposal within the Strategic Growth Partnership to progress this Motion and suggested that Officers be requested to convene this Forum in order that the matter could be progressed.

Councillor Duffy referred to a similar proposal made the previous year regarding the establishment of a Steering Group. However, during discussion with Council Officers it was agreed that this would be established within the context of the Community Plan and would include all relevant partners. She referred to a considerable amount of background work which had been carried out to date and said it was crucial that the initial meeting of the Forum be convened as soon as possible. She commended the work carried out by Zero Waste North West in taking this forward.

Councillor Durkan welcomed the proposal contained in the report which she said demonstrated Council‟s commitment towards achieving Zero Waste status. This also connected with climate emergency and climate consciousness. She suggested that perhaps the establishment of a Forum through the Strategic Growth Partnership could prove the most effective way to take this forward.

The Head of Environment explained that there was a commitment within the Strategic Growth Partnership to establish a Forum to progress the development of a Zero Waste Economy. He referred to a considerable amount of work which had been carried out to date on how to take this forward. He stated that Council had endorsed the Strategy and Officers had undertaken a wide range of activities outlined within the Strategy in terms of education and awareness. A Marketing Officer had also been appointed who had been key in terms of promoting a number of initiatives and progressing key actions outlined within the Strategy. He referred to progress which had been made in regards to a green waste kerbside

Page 147 20 collection which formed part of the strategy. Council also provided a food waste collection which was operational in almost all households throughout the Council district. He stated that Officers had been engaging with communities across Europe and had attended a Study Group in Brussels to discuss how other areas in Europe take forward their Strategy.

The Head of Environment stated that Officers had acknowledged the work carried out by Zero Waste Scotland and how they had embedded circular economy and had been working on how best to drive forward circular economy. He stated that circular economy was a driver for economic activity. He stated that Council was committed to delivering a Forum on which to take this forward and decisions were required in regards to who should be involved. Whilst North West Zero Waste would definitely be involved there were other sectors who would become involved within the wider group. Engagement had taken place with Members of the Assembly in this regard. Discussions had taken place with many organisations including for example the Strategic Investment Board and Department for Economy. He stated that this was only one element in regards to waste and moving towards a Zero Waste economy.

The Head of Environment advised that Officers would present a report updating Members on progress to date and proposals for taking this forward. He pointed out that the Chief Executive had met with representatives from Zero Waste North West to discuss how this matter should be progressed in partnership and gave them a commitment that Council would deliver on this. He said he was committed to delivering on a circular economy for Council, however, this would take time. He advised that Officers would present a report to a future Meeting of Committee on all work carried out to date and proposals for taking this forward and to ensure that Council delivered on the Strategy agreed in 2018.

Subsequently the Committee

Recommended (i) that Council apply for membership of the Zero Waste Europe Network;

(ii) that the Forum agreed within the Strategic Growth Partnership be established to progress and deliver on a Circular Economy/Zero Waste; and

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(iii) that a Climate Emergency Group be established as soon as possible to assist in the delivery of a Circular Economy/Zero Waste.

ER144/19 Building Control Applications

The Head of Capital Development and Building Control presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members of applications processed under Building Regulations (NI) between 1 May 2019 and 31 May 2019.

Members noted the content of the report.

ER145/19 Christmas Lights Update

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members on arrangements with regard to Christmas Lights and processed used to determine locations of Christmas trees.

Members noted the content of the report.

ER146/19 Proposed Provision of Disabled Parking Bays Across the District

The Head of Environment presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members of correspondence received in May and June 2019 from DfI Network Development Section regarding proposed disabled parking bays across the district.

Members noted the content of the report.

ER147/19 Illegal Dumping Sites - Strabane Area

The Head of Environment presented the above report, a copy of which had previously been circulated. He pointed out that the purpose of the report was to advise Members as to the location of mews lanes and dumping „hot spots‟ within the wider Strabane area following requests from Members.

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Members noted the content of the report.

ER148/19 Update - Park Pedestrian Bridge

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members with regard to the „footstick bridge‟ located at Park Village and damaged during the flooding of 2017.

Members noted the content of the report.

ER149/19 Strathfoyle Greenway

The Head of Environment presented the above report, a copy of which had previously been circulated. He advised that the purpose of the report was to update Members with regard to the current status of the Strathfoyle Greenway proposal.

Councillor Ferguson referred to the Greenway which was proposed in 2012 and acknowledged the funding issues which had arisen due to the suspension of the Stormont Executive. She suggested that this project would promote Council‟s active life approach. She expressed concern that Oakgrove College currently had to hire a bus to get pupils to the school who could potentially use the route. She suggested that Council write to the Department for Finance requesting funding for the Strathfoyle Greenway.

Councillor Durkan suggested lobbying the Department for Communities who had offered funding to the Waterside Greenway and DAERA as this project would assist in reducing isolation.

The Head of Environment advised that Officers would scope out all possible funding opportunities through the various Departments and make application accordingly. This was the standard approach adopted by Council in terms of securing funding.

Councillor McCann said he understood there was a Greenways Capital Fund, however, this required Ministerial approval.

Subsequently the Committee

Recommended that Council write to the Permanent Secretaries of Department for Communities, Department for Finance

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and DAERA seeking funding in respect of the Strathfoyle Greenway.

Page 151 This page is intentionally left blank Agenda Item 9f

Derry City and Strabane District Council

Minutes of Meeting of the Health and Community Committee (Open) held in the Council Chamber - Strabane Council Offices on Thursday 11 July 2019 at 4.00 pm

Present:- Councillor Fleming (Chair); Aldermen Devenney, Guy and Warke; Councillors Donnelly, Ferguson, Gallagher, Hunter, McHugh, Mellon, Reilly and Tierney

Non-members of Committee:- Councillor Carr.

In Attendance:- Director of Health and Community (Mrs K McFarland), Sports Development Service Manager (Mr R Deighan), PCSP Manager (Mr D Harrigan), Head of Health and Community Wellbeing (Mr S Donaghy) and Committee Services Assistant (Mrs T Johnstone).

HC113/19 Notice and Summons of Meeting

The Director of Health and Community read the Notice and Summons of the meeting.

HC114/19 Member Attendance and Apologies

The Director of Health and Community took the roll call and apologies were received from Councillor Burke.

HC115/19 Declarations of Members' Interests

Councillor McHugh declared non-pecuniary interests in the following Agenda items:  Agenda item 13- Club Maintenance Programme for Sports Clubs.  Agenda item 19- Nomination of Politicial Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members.  Agenda item 11 – Everybody Active 2020 Awards Grant Aid for Sports Clubs.

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Councillor Tierney declared non-pecuniary interests in the following agenda items:  Agenda item 9 – Neighbourhood Renewal Active Citizenship through Sport 2019/20.  Agenda item 13- Club Maintenance Programme for Sports Clubs.  Agenda item 19- Nomination of Politicial Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members.  Agenda item 11 – Everybody Active 2020 Awards Grant Aid for Sports Clubs.

Alderman Guy declared non- pecuniary interests in the following Agenda items.  Agenda item 9 – Neighbourhood Renewal Active Citizenship through Sport 2019/20.  Agenda item 19- Nomination of Politicial Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members.  Agenda item 20 – Derry and Strabane Policing and Community Safety Partnership (PCSP) Funding Update 2019.20.  Local Community Planning – Pilot Consensual Grant-Making Model.

Councillor Farrell declared non-pecuniary interests in the following Agenda items:  Agenda item 19 – Nomination of Politicial Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members.

Councillor Ferguson declared non –pecuniary interests in the following Agenda items:  Agenda item 12- Post-Primary Anti-Prejudice Initiative  Agenda item 17 – Progress Report: Health and Community Directorate Delivery Plan 2018/19.  Agenda item 21 – Local Community Planning – Pilot Consensual Grant-Making Model.

Councillors Donnelly and Gallagher stated that they wished to record a declaration of non-interest in agenda item 19 - Nomination of Politicial Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members.

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HC116/19 Deputation: To Receive Ms Joanne Cregan, Service Manager, Addiction NI to Present on their Drink Wise, Age Well Programme

The Chair invited Ms Cregan, to make her presentation on the Drink Wise, Age Well Programme to the committee.

Ms Cregan proceeded with her presentation, highlighting the following:

 Evolving Problems such as; chaotic lifestyles and drug use, alcohol related harm in over 50s, limited access to psycho-social support and need for intensive support programmes  The Drink Wise, Age Well Campaign began in 2015 to tackle alcohol related harm in people aged 50 and over as it had become a worrying issue throughout the area  Programme is part of a wider consortium and also delivered in England, Scotland and Wales  The campaign has taken a whole society approach with direct engagement and support, training and awareness raising of over 50’s issues including prevention and campaigning  Reported that alcohol misuse among over 50s costs the Northern Ireland Health Service £125m  People had reported that alcohol use was affecting their wellbeing, most commonly; health, mood, relationships, finances and sleep  Three common triggers for increased drinking were; bereavement, loss of sense or purpose, relationship problems  Assessments had shown that 68 percent of people said they most commonly drank alone at home and 39 was the average age people said they had first experienced problems with their drinking  The Drink Wise, Age Well Programme delivers workshops and awareness sessions in the community to help people better understand alcohol and aging.

The Chair thanked Ms Cregan for her presentation and invited comments from Members.

Councillor Mellon thanked Ms Cregan for the presentation and described it as refreshing to see a wrap-around approach to such a societal issue. She referred to the common triggers for increased drinking and stated that she had attended a recent meeting with social services who were trying to tackle that specific older age group who had lost a sense of purpose which in particular, is challenging in itself and commended the organisation for tackling this issue. She enquired

Page 155 4 if there was any timeframe or limitation in place regarding working with participants in the programme.

In response, Ms Cregan stated that they were fortunate that there were currently no timeframes in place. She stated that the programme was a test and learn project which permitted some freedom to work with people as required. She further stated that four or six sessions was insufficient particularly whilst attempting to build a therapeutic relationship with an individual who would be expected to make long term lifestyle changes.

Councillor Reilly referred to the success in the reduced number of days drinking by participants in the programme and enquired if those participants were asked if there was additional work carried out to test if drinking had reduced overall as opposed to the number of days that alcohol was consumed. He then enquired if there was a mixture of geographical backgrounds of people taking part in the programme. He stated people were more likely to experience bereavement, loss of sense of purpose etc. however, isolation would be a major issue in rural areas.

In response, Ms Cregan stated that participants were encouraged to reduce their alcohol intake of 21 units of alcohol in one drinking session by two thirds which was in line with the recommended amount of alcohol intake. She further stated that the programme offered one- to-one support within people’s homes, particularly in rural areas, to break down barriers such as access to transport, and ensure that as many people as possible have access to the service. She stated that whilst there were issues regarding isolation for people living in rural areas, people living in urban areas were experiencing isolation due to factors such as loss of connections within their communities.

Alderman Devenney thanked Ms Cregan for her presentation which highlighted such a serious issue. He noted the amount required to treat alcohol misuse in over 50s was £150m which he described as alarming as it did not include drugs and alcohol misuse from other age groups throughout the province. He enquired what the process was to be referred onto the programme.

In response, Ms Cregan advised that the majority of people self- referred to the programme, however they could also be referred through their GP or another professional body. She stated that the project was advertised through local newspapers and radio as the targeted age group used those particular media outlets frequently.

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The Chair thanked Ms Cregan for her informative presentation.

HC117/19 Chairperson's Business

There was no Chairperson’s Business.

HC118/19 Confirmation of the Open Minutes of the Health and Community Committee held on Thursday 13 June 2019

The open Minutes of the Meeting held on 13 June 2019 (HC89/19 – HC109/19) were confirmed and signed by the Chairperson as correct.

HC119/19 Matters Arising

There were no matters arising.

HC120/19 Youth 19 Update

The Chair invited the Children’s and Young People’s Co-ordinator to make her presentation to the Committee which highlighted the following:

 The Strategic Growth Plan Commitment is to engage and empower young people through their participation in the development of an inclusive programme of events and initiatives for Year of Youth 2019  Year of Youth is dedicated to young people between the ages of 12 – 24  Highlighting the positive contribution that young people were making to the community  Key themes identified were; promotion of positive health and wellbeing, engagement and participation of young people  Highlights included; Marketing and Events Youth Panel, PEACE IV Youth Council Steering Group, Couch to 5K and Colour Run  Over £150k of funding awarded and administered through the Acorn Project with young people making the funding decisions  The Equine Cross Community Programme helped develop the life skills of young people, build capacity of young people in communication, listening and team building and gave young people a sense of self-esteem and developed respect and trust with others  Many upcoming events to take place throughout the year such as: Government Ambassadors Programme, Leadership

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Programme, Emotional Wellbeing, Art Programmes and Unicef Child Friendly Cities Programme.

The Children and Young People’s Co-ordinator then asked three representatives from the Youth 19 Project; Magali, Tiegan and Matthew to give a brief update on the experiences to Members.

Magali described that she had joined the steering group after the Local Democracy Week event held in 2018 as she wanted to get a grasp on processes within Council, in particular the decision making process. She stated that during her experience in Youth 19 she has met other young people who were passionate about making change happen within the community. She stated that through attending events and being given extensive training in areas such as learning to deal with prejudice, communication and public speaking, has made her become more confident and also enabled opportunities such as speaking at a recent Unicef event.

Continuing, she described how the PEACE IV steering group had brought people together from different backgrounds and with different opinions. However they have learned to communicate, compromise and work together as a team whilst learning to respect and value each other’s opinions.

Matthew then described that he applied to become a member of the grant panel on the Change Something Fund as he thought it would be a great opportunity to change the negative outlook that some adults had of young people. He stated that he had gained valuable experience such as developing media, communication and presentation skills. He stated that the panel had received a range of applications from across the Council area focusing on areas such as environment, education and mental health and wellbeing. He further stated that he had learned about the difficulties in making funding decisions whilst maintaining the budget of the fund as applications had to meet a specific criteria with the most crucial point being that they were youth led. He added that the experience of working in the Change Something Fund had shown him that young people in society are engaged and want to make a difference within their communities when the appropriate support was provided.

Tiegan then informed Members how she became a member of the marketing and events steering group at the Rewire Festival. She stated that the festival was a flagship event for Youth 19 were young people between the ages of 12 and 24 could participate in hundreds of events

Page 158 7 held throughout the City and District over a two week period. She described how taking part in the event had encouraged her to take part in things she never thought she could accomplish and that her interpersonal skills had greatly developed. She stated that she has made new friends and had also gained new opportunities. She expressed her thanks to the organisers of the Youth 19 programme and acknowledged that all their hard work as it has made her a better person.

The Chair thanked the Children and Young People’s Co-ordinator for the comprehensive overview and also the 3 youth representatives for their updates. He then invited comments from Members.

Councillor Hunter thanked the representatives for their presentation. She stated that she had attended events such the Food and Mood workshop in Strabane Youth Centre and the Equine Cross-Community Programme. She described them as fantastic initiatives as they had dealt with issues such as mental health, body image and online bullying. She stated that the events gave young people the opportunity to be open and honest about their emotional wellbeing and mental health. She then enquired if any of the programmes had been delivered in a school setting.

In response, the Children and Young People’s Co-ordinator stated that the programme could not be delivered during school time because of funding criteria. However school visits had been organised to encourage young people to participate in programmes outside of school hours.

Councillor Mellon thanked the 3 youth representatives for their feedback on the impact the programme has made for them. She enquired if there had been any inclusion of, or interaction with, community groups onto the Youth 19 programme. She commended the young people for their leadership and decision making throughout the successful programme.

In response, the Children and Young People’s Co-ordinator stated that the public and community were kept up to date via social media and the Youth 19 website. She stated that youth groups and organisations had brought young people to participate in the Rewire event and free tickets had also be allocated to youth groups to attend some events such as the Greatest Showman. She advised that meetings had taken place with community groups and that youth strategy groups within the Neighbourhood Renewal Partnerships had also come together. She

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noted that 72 community organisations had also received funding through grant applications within the programme.

Councillor Mellon thanked the Children and Young People’s Co- ordinator for her response. However she stated that youth providers had a planning structure for the year ahead, particularly during the summer months. She asked that community groups were considered during the planning process of such projects as they had been keen to participate.

Councillor Donnelly stated that a lot of good work was happening within those valuable projects particularly dealing with difficult issues and that the programme would benefit them. He asked if there had been any plans to include youths who had felt marginalised or alienated with their communities.

In response, the Children and Young People’s Co-ordinator stated that there were health and wellbeing programmes particularly aimed at marginalised young people throughout the City and District.

HC121/19 Neighbourhood Renewal Active Citizenship through Sport 2019/20

The Sports Development Service Manager presented the above report, previously circulated to Members. The purpose of the report was to seek Members’ approval for the delivery of the Neighbourhood Renewal Active Citizen through Sport Programme.

Councillor Tierney stated that whilst he proposed the recommendation within the report he had concerns regardingthe £10,000 reduced training costs and asked what impact this would have on the roll out of the programmes throughout the Neighbourhood Renewal areas. He also asked for clarification on how funding had been allocated to each of those areas.

In response, the Sports Development Service Manager stated that the reduction in the Coach Education budget would result in a reduced number of participants in the coach education courses. He stated that within the Sports Development budget funding had been allocated to lessen the impact on those particular courses. He then referred to the allocation of funding throughout the Neighbourhood Renewal areas and stated that funding was apportioned per population, therefore an area with a larger population would get a larger proportion of the funding.

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Councillor Mellon stated that she required more information regarding the funding reduction and In response to a query from Councillor Mellon, the Sports Development Service Manager stated that the Department for Communities (DfC) had reduced the funding, however, allocation of funding from the Sports Development budget would hopefully lessen the impact.

Councillor Gallagher endorsed the recommendation within the report. He then asked for an update on the official opening of the Felix McCrossan Pitch at Melvin Sports Complex in Strabane.

In response, the Director for Health and Community stated draft proposals were currently being prepared by the marketing team. She stated that the process of how the brand would be developed and costs for the renaming events at Melvin Arena, Brandywell Stadium and the Mark Farren Stand were being considered and a report would be provided at the September Committee meeting.

In response to a query by Councillor Tierney, the Sports Development Service Manager stated £7,000 had been allocated from within the Sports Development budget.

The Committee

Recommended that (i) Members approve the delivery of the Neighbourhood Renewal Active Citizenship through Sport Project for 2019/20 (ii) that Member approve the issue of Service Level Agreements to the named organisations outlined in Section 3.3 within each of the Neighbourhood Renewal Areas with associated budgets.

HC122/19 Institute Football Club - Clooney Pitch at Heron Way

The Sports Development Service Manager presented the above report, previously circulated to Members. The purpose of the report was to update Members on recent developments with regards to Institute Football Club and to seek Members’ approval for Council to act as a

Page 161 10 sponsor for Institute FC to enable the group to progress the Community Asset Transfer (CAT) process with Department for Communities (DfC).

Councillor Donnelly endorsed the recommendation within the report. He stated that he had worked closely with Institute FC during their relocation to the Brandywell and was very impressed by their attitude and how closely they had worked with the host community and other stakeholders. He stated that he had recently attended a launch of their 5 year strategic plan in the Guildhall where they had outlined a very influential plan and he believed that the allocation of land to the club would be instrumental in bringing those plans to fruition. He stated that the club had worked closely with other sporting organisations in the area including Brigade Cricket Club and Lincoln Courts Football Club and there was a very good working relationship.

Alderman Devenney also endorsed the recommendation within the report which he described as timely as the club had recently held the launch of their five year strategic plan.

Councillor Reilly stated that he had also attended the event to hear directly from the club about their future plans. He referred to existing users at Clooney Pitch and enquired if there were any plans to assist them.

In response, the Sports Development Service Manager stated that consultation had taken place with existing users and that they would be able to access alternative facilities. He stated that if any displacement issues arose, these would be dealt with within the pitch allocation process.

In response to a query by Councillor McHugh regarding sponsorship, the Director of Health and Community stated that the disposal of a surplus asset by any government department had criteria set out as to how it must be effected. Therefore, if a decision was made to use community assets transfers and Council take a lease of that land or whatever other legal agreement was appropriate, would subsequently be entitled to sub-let or permit that asset to be used by another party. She advised that sponsorship was not of a financial nature and that there would be no maintenance or development costs. She stated that an alternative method would be if DfC would put the land on the market to allow other sectors to benefit from their asset rather than leasing it to the public sector. However, a business case had to be approved by DfC to facilitate that process.

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The Committee

Recommended That Members (i) note the recent developments with regard to Institute FC and (ii) that Members agree for Council to act as a sponsor for Institute FC to enable the club to progress the Community Asset Transfer process with DfC provided that Council will have no responsibility for or liability, (legal and equitable) in respect of the pitch any other facilities and provided that Council will have no responsibility for ensuring that the Club complies with any of the terms of any CAT.

Aldermen Devenney and Warke left the meeting at this point.

HC123/19 Everybody Active 2020 Awards Grant Aid for Sports Clubs

The Sports Development Service Manager presented the above report, previously circulated to Members. The purpose of the report was to update Members on the delivery of Everybody Active (EBA) 2020 Awards Grant Aid Programme for Sports Clubs for 2019/20 and to approve the roll out of the 2019/20 Grant Aid proposal.

Councillor Ferguson referred to non-profit sports clubs and asked if that would include community groups that held sports classes or incorporated sport into their programmes.

In response, the Sports Development Service Manager stated that the process would be open to any affiliated sports club recognised by a governing body such as Sport NI.

The Director of Health and Community advised that this would not preclude a community organisation partnering with an affiliated sports club in order to make a funding application.

Councillor Tierney referred to the remarks made by Councillor Ferguson and asked if officers could consider a way of assisting those particular groups in building capacity for future funding opportunities. He referred to an issue with the kickboxing federation where a competitor became a world champion, however it could not be recognised as the club was not within the governing body of Sport NI. He stated that governance arrangements would need to be put in place at those

Page 163 12 organisations as there were clubs throughout the City and District producing world class competitors, however they were not receiving the recognition they deserved or the opportunity they deserve to qualify for this funding.

In response, the Director of Health and Community stated that EBA funding was allocated by Sports Council NI who were also responsible for setting the criteria. She stated that officers would review the matter and report back to the next meeting of the Sports Forum of what potential opportunities may be available.

Councillor Tierney stated that he was aware of the funding process but was asking if clubs who fell outside of the process could be helped towards building capacity to help them become eligible for this and other types of funding opportunities from Sport NI.

Councillor McHugh referred to the report regarding the Club Maintenance Programme. He stated that following the recent under allocation of Support for Sport and Everybody Active Grant Aid Programme, the recommendation was endorsed to pilot a Club Maintenance Programme. He stated that it was his understanding that the remaining budget could have been returned to those particular programmes.

In response, the Sports Development Service Manager stated that Support for Sport had an under spend to their budget. He stated that through recommendations within the Pitches Strategy and the District Sports Committee, the pilot for the Club Maintenance Programme was rolled out. He stated that the programme had been linked into participation programmes within Support for Sport and that the District Sports Committee had reported a high demand for the programme.

The Committee

Recommended That (i) Members note the delivery of the 2019/2020 EBA 2020 Active Awards Grant Aid Programme; (ii) Members approve the roll out of the 2019/20 Grant Aid proposal and (iii) Officers review on how community groups who incorporated sport into their programmes could be assisted for future funding applications.

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HC124/19 Post Primary Anti-Prejudice Initiative

The Director of Health and Community presented the above report, previously circulated to Members. The purpose of the report was to seek Members’ approval for the procurement of a supplier to design and deliver the Post Primary Anti-Prejudice Initiative which is included in the bid to The Executive Office (TEO) which was approved at Committee on 14 March 2019.

Councillor Farrell stated that in his opinion, people were not born sectarian, racist or homophobic and those were traits that were developed over time. He stated that early intervention and education were the key to prevention and that SDLP were fully supportive of any programme that worked towards the promotion of a more tolerant society. He noted that post-primary year 3 students would be participating in the programme and that the report had stated that the programme had been amended and evolved over time. He asked for feedback on any similar programmes that had been delivered throughout the City and District.

In response, the Director of Health and Community stated that she would look at the evaluation of previous initiatives that had taken place throughout post-primary schools and provide Members with the required information.

Councillor Mellon welcomed that report and stated that it was refreshing that those particular issues were still continuing to be challenged. She enquired if the programme was scheduled during school hours. She referred to the lack of integrated schools throughout the City and District and enquired how those particular groups would be brought together. She further stated that, in her opinion, when programmes such as this were developed to tackle issues such as racism and sectarianism, from a youth workers perspective, she found that it had created more division by attempting to categorise them into a particular background and religion.

In response the Director of Health and Community advised that those wishing to provide the service would design the programme. She advised that officers had significant experience in working with those particular groups. She agreed that in taking such projects forward there should be innovative gateways to allow schools to work together.

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She added that she would forward Members’ comments and feedback to officers involved in the design of the forthcoming programme.

Councillor Mellon thanked the Director for her response and asked if the strategy was already prepared or would it be a completely new design.

In response the Director of Health and Community advised that Key Performance Indicators (KPIs) within T:BUC would have to show evidence of delivery against those indicators. She agreed that more creativity was required in terms of ensuring that delivery was about need and how those issues were addressed as opposed to being focused on KPI’s.

The Committee

Recommended That Members approve procurement of a service provider to design and deliver the Post Primary Anti-Prejudice Initiative

HC125/19 Club Maintenance Programme for Sports Clubs

The Sports Development Service Manager presented the above report, previously circulated to Members. The purpose of the report was to seek Members’ approval for a Club Maintenance Programme for sports clubs in 2019/20, utilising underspends from existing budgets from the Support for Sport Fund and the Everybody Active (EBA) 2020 Active Awards Grant Aid Programmes.

Councillor McHugh welcomed the establishment of the fund and endorsed the recommendation within the report. However, he expressed disappointment that it was just a one off programme. In terms of the ambitions listed within the playing pitch strategy and those aspirations, a funding stream of this type he envisaged should be a lot larger than £60,000. He stated that there were a number of clubs throughout the City and District who had been very pro-active in terms of securing their own land and doing their own fundraising.

Councillor Tierney stated that he was happy to endorse the recommendation within the report. However he also would have liked the budget to be higher. He stated that each club had been allowed to apply for the maximum of £2,000 to assist with the maintenance of their playing facilities and although it offered some assistance, it would

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not go far enough. He enquired if the programme could be rolled out in the future as clubs could then continue to have the opportunity to obtain the funding. He asked that officers consider the possibility of extending the programme and the budget allocation. He stated that although there may be an implication on the rates process it was important to consider the continuation of the funding.

Councillor McHugh noted that £60,000, with a maximum of £2,000, would be allocated to approximately 30 clubs. He stated that there will be a lot of disappointed sports groups considering the large amount of clubs throughout the City and District.

In response, the Director of Health and Community advised that officers need to address the issue of whether the programme be extended and the associated financial implications. She suggested that pressure also be asserted to other organisations who were developing funding programmes, such as Sports Council NI who were currently submitting a funding bid DfC. She stated that an action plan was being developed to support the Playing Pitch Strategy for inclusion and added that there would be inevitable funding implications however, there was an opportunity for Members and sports clubs to provide input going forward. She stated that Council had previously requested a focus on voluntary, self-owned facilities with a request to extend the playing pitch facility assessment to voluntary clubs

The Committee Recommended That Members (i) approve the delivery of the 2019/20 Club Maintenance Grant Aid Programme and (ii) that Officers look at exploring an increased funding amount and also extending the programme.

Councillor Reilly left the meeting at this point.

HC126/19 Draft Port Health Plan 2019/20

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to ask Members to consider the content of the report and approve the draft Port Health Plan.

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Councillor Ferguson asked if the report included coal dust and the environmental impact it would have on the area. She stated that the issue had been recently raised regarding the area being covered in black dust and that Environmental Health had also received a number of calls on the matter.

In response, the Head of Health and Community Wellbeing stated that in terms of bulk cargo ships there were approximately 350 per year that arrived at Foyle Port. He advised that the majority of cargo was animal feed, coal, cement and construction products. He stated that the majority of complaints received were regarding dust from animal feed and coal. He stated that some of the premises that were on land would require a permit and that those premises would be controlled in terms of dust. He added that any issues regarding off-loading cargo from the ships at Foyle Port would be dealt with as per the report.

The Committee

Recommended That Members consider the adoption of the Port Health Plan 2019/20.

HC127/19 Village Enhancement Scheme, Park

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to update Members on a proposed enhancement scheme at Learmount Road, Park on the site of the disused public conveniences.

The Committee

Recommended That Members agree, subject to consultation with Legal Services, to the removal of the disused toilet block and any necessary reinstatement ground works by the developer, at his expense.

HC128/19 Irish Football Association - Consultation on Intermediate Football Restructure and Ground Criteria

The Director of Health and Community presented the above report, previously circulated to Members. The purpose of the report was to

Page 168 17 advise Members on a current consultation by the Irish Football Association (IFA) in relation to Intermediate Football and to seek Members’ views on the consultation.

She also stated that clubs had been notified and invited comments from Members for inclusion to the response to the consultation and highlighted the following issues;

 The 2m high fencing designed to obscure viewing in the ground  The pitch perimeter barrier and run off areas which could prove challenging for some clubs  Accessibility of viewing on two sides of the pitch and that measures must be in place to provide access to all spectator viewing without them having to enter the field of play – implications regarding toilet provision and separation of sterile areas that may require second gating  The call-off process in which the referee had the sole authority to call off the game, however Council had grounds maintenance staff who had views on the matter and will look at how it could be more closely defined  Parameter set on the changing rooms being no more than 55m from the playing surface and be fenced off  Defibrillators are a necessity rather than recommended.

She recommended that Members provide additional comments by email by 12 July 2019 as the response would be released on this date. She advised that a caveat response would be included should any other comments be submitted after the close down period.

Councillor McHugh thanked the Director for the report and referred to gating surrounding grounds and that Council would be submitting comments on the matter. He enquired if Council had agreed with the recommendation within the IFA proposal.

In response, the Director of Health and Community stated that the present proposal was for a wall and there had already been significant lobbying to the IFA in relation to this. She advised that a special meeting was being held to consider the matter and would advise Members of the outcome. She referred to the visual impact and the cost of building a wall and had asked the IFA to consider any other way that the ‘obscuring’ could be achieved without it having to be a physical structure. She advised that comments would state that there should be an alternative or relaxation of that requirement.

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Councillor Tierney enquired if Council had made any efforts to touch base with the clubs throughout the City and District. He stated that it was important to have the caveat within the recommendation.

In response to a query by Councillor Farrell regarding the restructuring of the leagues, the Director of Health and Community stated that the proposals for the future structure had not been clearly articulated and that officers had attempted to establish the boundaries. However there have been more detailed presentations to the Board and the leagues and that particular information may have been relayed to clubs. She stated that she would emphasise the importance of clarity to establish which clubs would be included in the top three tiers of the new structure. She stated that a request would be made for site visits regarding compliance when the criteria is adopted as there was quite a short time span, particularly if a sports facility had plans for significant developments.

The Committee

Recommended That (i) Members email their comments to the Director of Health and Community by Friday 12 July 2019 and (ii) a caveat be included in the reponse to enable any further comments to be considered after the consultation date.

HC129/19 Progress Report: Health and Community Directorate Delivery Plan 2018/19

The Director of Health and Community presented the above report, previously circulated to Members. The purpose of the report was to provide Elected Members with details of progress in terms of the delivery of the Directorate Delivery Plan for the Health and Community Directorate for the year 2018/19.

Councillor Donnelly referred to a section within the plan regarding improved community confidence in policing. He enquired if the plan had intended to tackle issues which had a detrimental effect on large sections of the community such as stop and search, systematic house raids and the use of child informants.

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In response, the PCSP Manager stated there were two elements within the plan; community initiatives and the monitoring role carried out by the PCSP. He reported that the PCSP had taken part in joint initiatives with PSNI to engage programmes such as road safety, cyber-crime and home protection and anti-burglary throughout the community. He advised that issues such as stop and search, house searches and inappropriate actions by the police had been raised on a regular basis at PCSP Policing Committee meetings and that some parties have also had individual meetings with the District Commander.

The Director of Health and Community advised that whilst the PCSP had a monitoring role it did not have direct responsibility for operational planning and the delivery of the policing service. She added that PCSP was funded to provide wider, community based initiatives.

Councillor Donnelly stated that issues such as stop and search were ongoing and that and asked if there was any progress on dealing with those issues.

In response, the PCSP Manager advised that he was aware of a number of actions taken locally by the District Commander regarding stop and search such as neighbourhood officers being involved rather and also requests for a local Councillor or PCSP Member to be on present when house searches were being carried out.

The Committee

Recommended That subject to Members comments, that Members endorse the reports.

HC130/19 30th World Congress of the International Association for Suicide Prevention "Breaking Down Walls and Building Bridges"

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to inform Members of the 30th World Congress of the International Association for Suicide Prevention ‘Breaking Down Walls and Building Bridges’ scheduled for 17-21 September and agree attendance at the event.

The Committee

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Recommended That Members note the congress scheduled for 17-21 September 2019 and agree representation to include the Chair and Deputy Chair of Committee or their nominated representatives.

HC131/19 Nomination of Political Members to sit on Shortlisting and Interview Panels for the Appointment of PCSP Independent Members

The PCSP Manager presented the above report, previously circulated to Members. The purpose of the report was to nominate up to 4 political members of the Policing and Community Safety Partnership (PCSP) to carry out shortlisting and interviews for the appointment of PCSP Independent Members. To nominate 1 – 2 reserve panel members and to confirm the Chair of the Panel.

Councillor Duffy (SF) was nominated as a Political Representative. Councillor McHugh suggested that Members nominate from the 4 political parties who sit on the board.

Brian Tierney (SDLP) was nominated as a Political Representative. He stated that he sought clarity regarding the method of appointing the Chair.

In response, the PCSP Manager stated that there was no statutory requirement in place, however it was good practice with any interview and selection panel that there was a range of political backgrounds. He advised The Chair would be nominated by Council and that formerly, the Chair of the PCSP was also nominated to the Chair of the Panel.

Alderman Guy (UUP) was nominated as a Political Representative.

Councillor J Boyle (SDLP) was nominated as a Reserve Panel Member.

Councillor Fleming (SF) was nominated as a Reserve Panel Member.

Councillor McHugh nominated Councillor Duffy as Chairperson

The Committee

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Recommended That (i) Members nominated Alderman Guy (UUP), Councillor Tierney (SDLP) and Councillor Duffy (SF)as political members of the PCSP to carry out the shortlisting and interviews of candidates for independent member positions on the PCSP (ii) Members nominated Councillor J Boyle (SDLP) and Councillor Fleming (SF) as reserve political replacement and (iii) Councillor Duffy (SF) was nominated as Chair of the panel.

HC132/19 Derry and Strabane Policing and Community Safety Partnership (PCSP) Funding Update 2019/20

The Director of Health and Community presented the above report, previously circulated to Members. The purpose of the report was to update Members on the current situation in relation to funding support secured for the Derry and Strabane PCSP.

The Committee Recommended That Members note the contents of the report.

HC133/19 Local Community Planning - Pilot Consensual Grant-Making Model

The Head of Community Development and Leisure presented the above report, previously circulated to Members. The purpose of the report was to update Members on the progress to date regarding Local Community Planning, the launch of the 8 Local Community Growth Plans (LCGP) and the associated pilot consensual grant-making model aligned to the Local Community Growth Partnership Boards.

The Committee

Recommended That Members note the content of the report.

HC134/19 Survey of Domestic Solid Fuel Usage March 2019

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to advise members of the outcome of a fuel use survey completed

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in February and March 2019 by Social (Capital North West) C.I.C. Limited. The purpose of the survey was to determine the level of domestic solid fuel use across the Council area.

The Committee

Recommended That Members note the content of the report.

HC135/19 Results of Coleslaw Survey

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to update Members of a survey carried out by Councils to investigate the microbiological safety of ready to eat coleslaw, sampled from catering establishments in Northern Ireland.

The Committee

Recommended That Members note the content of the report.

HC136/19 The Regulatory Excellence Awards 2019 Organised by the Office for Product Safety and Standards (OPSS)

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to inform Members that Derry City and Strabane District Council, as one of an eleven Council collaboration, through the Environmental Health Northern Ireland (EHNI) Consumer Protection Sub-group, has achieved first prize in the Product Safety category at the Regulatory Excellence Awards held in London on 20 June 2019.

The Committee

Recommended That Members note the achievement of the 11 Council EHNI Consumer Protection Sub- group, in being awarded first prize in the Product Safety category at the Regulatory Excellence Awards,

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for the value of the joint Tooth Whitening Safety Campaign.

HC137/19 Animal Welfare Prosecution

The Head of Health and Community Wellbeing presented the above report, previously circulated to Members. The purpose of the report was to update Members on the outcome of a legal case following prosecution brought against Ms Kerri Ogilby by Derry City and Strabane District Council under the Welfare of Animals Act (NI) 2011.

The Committee

Recommended That Members are asked to note the outcome of the prosecution.

HC138/19 Consultations

The Director of Health and Community presented the above report for information, previously circulated to Members regarding consultations received by Council.

The Committee

Recommended that Members note the contents of the report.

HC139/19 Correspondence

The Director of Health and Community presented the above report for information, previously circulated to Members regarding correspondence received by Council.

The Committee

Recommended that Members note the contents of the report. The meeting then went into Confidential Business.

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Sealing List July 2019

Documents Sealed 17th June 2019

Deed of Variation in duplicate:- Northern Ireland Housing Executive ~and~ Derry City and Strabane District Council relating to Foyle Valley Railway Museum relating to Foyle Valley Railway Museum.

Documents Sealed 21st June 2019

Contract in duplicate:- Derry city and Strabane District Council and TD McKane and Son relating to Flood Damaged MUGA, Grass Pitch and Play Area, Donemana.

Documents Sealed 18th July 2019

Grant of Right of Burial in Ballyoan Cemetery

Mr Geoffrey McMullan, 46 Church Road, Altnagelvin, BT47 3QQ.

Grants of Right of Burial in City Cemetery

Mr Trevor Tracey, 79 Woodbrook West, Derry, BT48 8PZ. Mr John Kelly, 57 Ardgrange, Derry, BT48 0SF. Mrs Lily Brown, 38 Garden City, Derry, BT48 7SP. Ms Bronagh Elliott, 7 Woodland Close, Derry, BT47 2FG. Mrs Marzena Szewc, 278 Cornshell Fields, Derry, BT48 7UN. Mr Brendan Doherty, 29 Elmwood Terrace, Derry, BT48 9JQ. Mrs Fiona Downey, 10 Oakfield Avenue, Derry, BT48 9BD. Mr Gerald McKeever, 35 The Meadows, Derry, BT48 8RJ. Mr Michael Doherty, 4 Clagan Cottages, Claudy, Co. Derry. Ms Sharon O’Kane, 478 Carnhill, Derry, BT48 8BX. Mrs Philomena McAnee, 43 Lisnarea Avenue, Kingsfort Park, Derry. Mrs Susan Monaghan, 5 Marlborough Avenue, Derry, BT48 9BQ.

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