Magherafelt District Council

MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 17 June 2003. The meeting commenced at 7.00 pm.

Presiding: Miss K A Lagan

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

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

Representatives from Other Roads Service – Western Division: Bodies in Attendance: Mr BP Doherty – Divisional Roads Manager Mr McFarlane – Section Engineer

Planning Service: Mr B Lundy – Principal Planning Officer Mr R Robinson – Planning Officer

1. MINUTES 1.1 It was

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

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 13 May 2003 (copy circulated to each Member) subject to an amendment on Page 25 - Planning Application H/2002/0610 – Mr D Mulholland.

It was resolved on the proposal of Councillor O T Hughes: “that this application be refused, as the applicant wished to proceed by submitting it to the Planning Appeals Commission”, be taken as read and signed as correct.

2. MATTERS ARISING 2.1 Submitted a letter of reply from the MINUTES Departmental Private Secretary to Angela Smith MP agreeing to the Council’s request for a meeting 6/2003 with a delegation from the Council concerning the Housing Growth Indicator figure for the area, as contained in theRegional Development Strategy.

The Chief Executive confirmed that arrangements had been made for the meeting to take place on Friday 27 June at 12 noon.

Noted.

2.1.1 The Chairman, Councillor Miss K A Lagan suggested that the Council’s delegation should go “well-armed” for the meeting and that developers and architects should be involved and technical advice given by Planning Consultants.

2.1.2 The Chairman again emphasised the need for some technical advice.

2.1.3 Councillor Rev Dr R T Wm McCrea said that there was no need to refuse professional advice, but again asked the question what was the Minister going to say.

2.1.4 The Chairman stated that she was concerned about the Brief which the Minister would receive and felt that expertise from any consultants would be of great assistance to the Council.

2.1.5 On consideration it was

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

RESOLVED: that expertise be sought from consultants, architects to assist the Council in preparing for their meeting with the Minister on the Housing Growth Indicator figures for the Magherafelt area.

275/6/2003 2.2 The Chief Executive submitted letters of acknowledgement for financial subscriptions made by the Council from West Tyrone Voice; The Fort Centre Riding for the Disabled Association, Maghera; and Little Amps Fun Day, Upperlands.

Noted.

635/6/2003 2.3 Judicial Review Application - High Court of Justice: 6 June 2003 The Chief Executive submitted a letter from the Council’s Solicitors dated 13 June 2003 in connection with the application for leave for a Judicial Review regarding the Minister’s decision on the Mid-Ulster Hospital. The letter intimated that Mr Justice Kerr, after hearing arguments from Counsel, had decided that he would not grant leave for Judicial Review. A further letter was enclosed from the Royal Courts of Justice stating that the Judge could not be satisfied that the Minister had failed to take into account the report and evidence of Dr Hayes.

2.3.1 Councillor Rev Dr R T Wm McCrea said that there should be consultation with the Members of Cookstown District Council. He commented that such a decision would be paid in lives of the people of the District. Even yet the matter could be looked at freshly and proposed that the Chief Executive make contact with the Chief Executive of Cookstown District Council to discuss the possibility of reversing the situation.

2.3.2 The Chairman stated that if Councillor Rev. McCrea was proposing a further meeting with Cookstown District Council she would second the proposal.

2.3.3 Councillor Rev McCrea said that he was.

2.3.4 Councillor J A McBride in supporting the proposal said that whilst it was very hard to see progress, every attempt should be made to reverse the decision.

2.4 Submitted a letter from the Chief Executive, Northern Health and Social Services Board dated 5 June 2003 in connection with implementing “Developing Better Services”. The letter intimated that the Board had been tasked with implementing the Minister’s decisions including translating these into a more detailed profile of services for each hospital facility in the Northern Board area. The Board wished to meet with Council representatives to consider the range of services and specialisms that might be located in local hospitals and trusted that a suitable date could be arranged.

2.4.1 Councillor Rev Dr R T Wm McCrea said that he was concerned as to how a decision could be implemented that the Council could not accept. He commented that the Minister who took the decision was no longer in position and Mr Stuart McDonnell should be told that this was not what the Council wanted to participate in.

2.4.2 Councillor J F Kerr commented that the Board was being consistent with the Minister’s decision but there was no room for any discussion. He felt that a meeting should be quickly arranged with Cookstown District Council.

2.4.3 Councillor P H McErlean agreed that a meeting should be arranged with Cookstown District Council so that a united front could be formed to challenge any run-down of the services provided at the Mid-Ulster Hospital.

2.4.4 It was agreed that a joint meeting should be held with Cookstown District Council and that the Chief Executive should make the necessary arrangements with the Chief Executive of Cookstown.

2.5 Submitted a letter addressed to the Chairman and Members dated 31 May 2003 from Mr Robin Caskey, Magherafelt Fire Station thanking the Members who visited the station on Tuesday 27 May and met the crew the provided the local service (copy circulated to each Member).

The letter further listed points raised on the visit regarding recruitment, the age of the appliances stationed at Magherafelt Fire Station, the response to calls with was very difficult because of the traffic situation in Magherafelt, the need for more time for drill and recognition of firefighters who served during The Troubles, even though they were the last emergency station in Northern Ireland not to have received the Northern Ireland Firefighters medal. It was hoped that these points would be taken on Board and that some progress to help assist the firefighters would be forthcoming.

2.5.1 Councillor Rev Dr R T Wm McCrea said that the firefighters provided a very valuable service to the community and proposed that the Council would support all of the five issues.

2.5.2 Councillor P McLean seconded the proposal which was unanimously agreed.

2.6 Secretary of State’s Garden Party 2003 The Chief Executive advised that the Secretary of State was holding a Garden Party in the grounds of Hillsborough Castle in September 2003. The theme for the Garden Party was “Heritage, Conservation and the Environment”. The Council had been invited to nominate individuals to attend and a total of 14 places (7x2) had been allocated to the Council. The Chief Executive advised that both he and the outgoing Chairman, Councillor Rev Dr R T Wm McCrea had been both automatically invited together with their spouses and should not be included on the Council’s list. He had proportioned the nominations as follows:-

Sinn Fein 3x2 places DUP 2x2 places UUP 1x2 places SDLP 1x2 places

The Chief Executive requested that the names of the nominees should be forwarded to him or his Secretary as soon as possible.

Noted.

2.7 Councillor R A Montgomery congratulated the Council’s Officers on Magherafelt’s position in the new Council Borrowing Statistics. The average amount borrowed was £2 per head of population which was very good housekeeping when compared to other Councils. 6

Councillor J A McBride endorsed Councillor Montgomery’s comments.

2.8 Councillor J J Kelly congratulated the outgoing Chairman, Councillor Rev Dr R T Wm McCrea on his dedication and service to the community throughout his year of office.

Noted.

3. CONGRATULATIONS Councillor J A McBride referred to the St Pat’s College, Maghera success in winning the Hogan 260/6/2003 Cup and proposed that they be afforded a Reception to mark their achievement.

This proposal was seconded by Councillor P E Groogan and agreed to.

Councillor P E Groogan also referred to the success of Ballinascreen’s Under 14 Camogie Team on winning the Ulster Final and All-Ireland Final 2003 and proposed that the Council send a message of congratulations to the team.

This was also agreed to.

4. ROADS SERVICE The Chairman welcomed representatives from PRESENTATION the Roads Service to the meeting and invited them to present their Spring Annual Report to the 279/6/2003 Council (copy circulated to each Member).

4.1 Mr Doherty reported that 2002-2003 was a successful year for Roads Service due to the substantial increase in funding for structural maintenance which had been increased from £45 million per annum to £64 million spend in the last year. He said that it was expected that the spend for the year 2003-2004 would be almost £70 million which would be close to the £75 million annual spend envisaged in the Regional Transportation Strategy. The increased spend had benefited the minor roads network.

4.2 Mr Doherty requested that Page 22 of his report be replaced and circulated a new Page 22.

4.3 Members’ Questions:

Councillor G C Shiels in referring to the Magherafelt By-pass queried the old line of the by- pass. He said that this was causing concern as it appeared to have changed to a through-pass. He referred to a similar incident in Strabane which after years had changed.

Mr Doherty in reply said that the line had not been defined in the Area Plan and he was aware of options.

Councillor Shiels stated that there were problems with the existing line.

Councillor Rev Dr R T Wm McCrea said that he found the situation with the Magherafelt By-pass alarming in that these options would probably push back the By-pass further on the Roads Service’s schedule and the need for an urgent input for economic development and no By-pass. He requested that the Magherafelt By-pass be put back into the Roads Service’s Agenda and that the Department stop messing around.

Councillor Rev McCrea also spoke of the major importance the duelling of the A6 from Curran to the Castledawson round-about but the chief priority was the Magherafelt By-pass. There was no point in rushing traffic to Magherafelt and then hitting traffic problems. The Council’s first choice was a By-pass for Magherafelt. Several Secretary of States on Council visits asked if there was one scheme which the Council really wanted and they were always advised of the need for a by-pass for Magherafelt. The Council was always unanimous about that. This scheme should have had priority.

Mr Doherty welcomed the facts and said that the Department was focused on priorities. It was essential that all schemes were considered on merit and that Curran was shown as a dot on the Regional Transport Strategy and said that the A6 had been a big part of the Roads Service’s resurfacing programme. He was aware of the various problems with traffic in Magherafelt and he was not compromising the by-pass or the A6 duelling.

Mr Doherty emphasised the need for the Council to lobby as the scheme was competing with other schemes and it was essential that it got its message through to the Department.

Councillor P H McErlean referred to the improvement scheme on the A54 at Bellaghy Church and stated that it required something more substantial as there had been no change in the corner. He enquired about the scheme on the A54 for the provision of a footway listed in the programme.

Mr Doherty advised that this was a different scheme.

Councillor McErlean stated that the corner at Bellaghy Church required attention. He also referred to the need for a pedestrian crossing at Bellaghy Primary School as a result of a new nursery unit.

Councillor J A McBride supported the comments made on the Magherafelt By-pass and referred to the preview of the Area Plan when the original line was being proposed and felt that this would be a retrograde step to follow. He said that the Area Plan was somewhat disadvantaged and required more expansion.

Councillor J F Kerr thanked Roads Service for the report. He enquired about the scheme for a small section of footpath at Craigadick Road, Maghera.

Mr Doherty said that the scheme could be brought forward and no land was required and it was only a small section. He would do what he could.

Councillor Kerr also enquired about requests for lighting from Maghera unto the A6 and when would the difficulties be resolved.

Mr Doherty said that the Department had been considering park and share and lighting with a footpath schemes for this section of roadway and were considering the options.

The Chairman, Councillor Miss K A Lagan suggested that the Forward Planning Division would be guided by the Area Plan and she enquired about finding land for park and ride and the possibility of a car-park.

The issue of zoning was also discussed.

Councillor O T Hughes also referred to the need for a decision on Bellaghy Chapel corner. He enquired about a footpath at Mayogall School, Gulladuff and the Bellaghy to Castledawson Road scheme and to the scheme for the A54 Bellaghy (South) Church corner on Page 19. He thanked Mr McFarlane for the help given to him on roads issues.

Councillor P McLean referred to the need for the resurfacing of the Moneymore Road, particularly at St Pius and the Integrated Schools. He said that the top coat had disintegrated and cars were “pulling” in wet weather. Councillor McLean also referred to parts of the roadway which required attention on the Tobermore side of the Mid-Ulster Hospital. Councillor McLean said that the Department’s grass-cutting programme was deplorable. He also said that grass required to be lifted not left lying, particularly after the first cut. He added that if grass-cutting was carried out by a private contractor he would be penalised. Councillor McLean referred to the condition of footpaths and overgrown hedges around Magherafelt and the difficulties health- walkers experienced around Magherafelt. Councillor McLean drew attention to an area from Westland Road to Moneymore Road, Magherafelt which had been bitmaced as a short-cut for children attending the local Primary School, adjacent to the pelican crossing and the patrol-man. He had requested that the area be resurfaced and that Roads Service take on board the link to Coolshinney from the Moneymore Road which required attention.

Councillor McLean requested that he should receive a written response from Roads Service on the matters he raised.

Mr Doherty replied that hedge-cutting was generally the responsibility of landowners.

Councillor J Junkin referred to the need for work on the Drumlamph Road, Bellaghy which he described as being short, sharp and bumpy. He referred to problems with manhole covers and in particular one opposite Glenone Villas, Portglenone which had to be repaired on at least four occasions by the development contractors and had failed.

Councillor Junkin explained that when the concrete cracked the manhole cover gave way and it was extremely noisy as each vehicle drove over it and residents complained. He explained that when the concrete was applied usually four cones were used to divert traffic around the cover, unfortunately they were removed and the concrete never got time to harden. He suggested that if a digger was parked on top, as was used in a similar situation in Castledawson, it would give the concrete time to cure and it could well be a cheaper option in the long-term. Councillor Junkin also enquired about the park and ride scheme he had suggested for Glenone some time ago. He commented that a quarter of the car-parking spaces in Portglenone village were taken up by all-day parkers. Grass- cutting was another issue raised and Councillor Junkin asked what the Department’s policy was on grass-cutting on Sundays.

Mr Doherty said that Roads Service’s policy was to get grass cut within a certain time, but there was not a specific policy. If grass cutting was causing a nuisance in a certain area he requested that he be advised so that alternative arrangements could be made.

Councillor G C Shiels thanked Roads Service for the work carried out at Grange Lane/Grange Road, Magherafelt.

Councillor Rev Dr R T Wm McCrea joined in the appreciation. He referred to requests for traffic calming and in particular why schemes were carried out in some estates and not in others and why some requests were accepted and others rejected. Councillor Rev McCrea stated that no action had yet been taken on Ballymuckleheaney Hill and referred to the number of recent accidents on the Moneymore Road because of the dangerous dips on the road.

Mr Doherty in reply stated that he was aware of the concerns on the Moneymore Road and the matter was being considered. Regarding traffic calming he was aware of the issues and was trying to resolve the situation.

Councillor P E Groogan thanked the Roads Service for the work carried out on the Drumard Road. He referred to the realigning of the junction at Strawmore Lane, Draperstown.

Mr Doherty said that he was aware of the accident history but land was required to carry out a scheme.

In reply Councillor Groogan stated that he did not think the provision of land would be a problem at Strawmore Lane.

Councillor Groogan referred to problems on the Sixtowns Road to Shibbey’s Corner and the scheme on Page 21 of the report. He enquired as to what had happened to the scheme for Port View which was on the last programme but now seemed to have been dropped from the current programme of schemes. Councillor Groogan referred to problems with a dip on a hill at Gortnari, Draperstown.

Mr Doherty promised to consider these matters.

Councillor R A Montgomery referred to Page 19 of the report and the scheme for a double mini- roundabout at Tobermore Road/Maghera Road/Main Street, Tobermore was worth a trial. He said that he appreciated the work carried out on the pedestrian island at Carricknakielt Road linked to the Health Centre. He said that residents were requesting a crossing at the new Leisure Centre play area at Maghera. Councillor Montgomery also requested that Roads Service considered hard standing kerbs for buses at Tobermore Road.

Mr Doherty said that Councillor Montgomery’s request for a pelican crossing on the Coleraine Road would be considered.

The Chairman, Councillor Miss K A Lagan suggested that a footpath be provided at the housing development going towards Fort Riding Centre on the left-hand side. She welcomed the traffic calming in Maghera.

Councillor T J Catherwood referred to water lying at the bridge on the Drumagarner Road and had caused an accident and requested that the matter be considered. He also referred to flooding at Mournes crossroads and the junction of the Boveedy Road. Councillor Catherwood complained of the lack of grass-cutting on verges on minor roads some grass he claimed was 3 feet high. He thanked Roads Service for the work carried out on the Kilrea Road, Upperlands.

12 Mr Doherty in reply said that he was disappointed with the reports on grass-cutting and that he was concerned about the flooding issues raised by the Councillor.

Mr Doherty promised to consider all the matters raised by Councillors.

The Chairman thanked Mr Doherty and Mr McFarlane for the presentation.

The representatives of the Roads Service retired from the meeting at 8.15 p.m.

5. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 14 May to 3 June 2003 (copy circulated to each Member). 210/6/2003 5.1 Mr Glendinning stated that during the period of the report twenty-four applications had been recommended for approval. There were no rejections or cancellations. One application was exempt - MA/2034/0044 – Mr Francis Campbell for improvements to a dwelling at 37 Drumard Road, Draperstown. He said that Mrs Campbell had been informed and the fees had been refunded.

Sixty-three applications had commenced since the last report and forty-seven applications were found to be complete in accordance with Building Regulations. Four hundred and twenty-eight inspections had been carried out by the Building Control Department.

5.2 On consideration it was

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

RESOLVED: that the report as submitted be adopted.

6. NAMING AND Submitted letter and site plan for the naming and NUMBERING numbering of six dwellings at Halfgayne Road/ Tirkane Road, Maghera for the Rural Housing Association. The suggested name given was “Radharc An Chairn”.

6.1 On consideration it was

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

RESOLVED: that the Council adopt the name “Radharc An Chairn” for the Rural Housing Development at Halfgayne Road/Tirkane Road, Maghera.

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

P. 1 S H Watterson (Eng) Ltd, 80 Aughrim Road, Magherafelt – Ms Joanne Donnelly P. 28 O’Kane Cars Ltd, 150 Hillhed Road Castledawson - Mr J O’Kane P. 34 Caldwell’s Filling Station, 191 Hillhead Road, Castledawson – R & J Caldwell P. 37 Heron Bros., 2 St Patrick Street, Draperstown P. 45 Weir’s Filling Station, 71 Clady Road, Portglenone – Mrs K Weir P. 47 Mr Thomas McGuigan, The Garage, Main Street, Swatragh P. 57 McCann Bros, Glenone Service Station, 34 Clady Road, Portglenone P. 58 McSorley Bros, 8 Tobermore Road, Draperstown – Mr Michael J McSorley P. 67 Finnegans Service Station, 17a Kilrea Road, Swatragh – Mr P Finnegan P. 74 Diamond Service Station, 14 The Square, Draperstown – Mr E McAuley P. 82 Churchview Service Station, 6c Church Street, Magherafelt – Mr Martin McGuckin

7.1 It was

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

RESOLVED: that the applications as submitted be renewed.

8. STREET TRADING Submitted the following application for a Street LICENCES Trading Licence which was in order and recommended for renewal:

ST 28 Ms Dorothy Hannigan 12 St Julian’s Downs Omagh Car-park and lay-by adjacent to the Coleraine Road, Maghera

8.1 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor T J Catherwood, and

RESOLVED: that the application as submitted be renewed.

9. PROVISIONAL Submitted a notice of Application for the LICENCE Provisional Grant of a Bingo Club Licence which was for information

Condor Entertainments Ltd

Noted.

10. PLANNING SERVICE Consideration was given to the following MANAGEMENT BOARD letters of reply from the Planning Service Management Board: 184/6/2003 10.1 Letter dated 20 May 2003 in reply to the submission made for application H/2001/0641/O – site for dwelling and garage 100 metres approximately South East of 19 Ballymaguigan Road, Magherafelt for Mr W Love (copy circulated to each Member).

The letter intimated that the Management Board considered that a dwelling on this site could not be successfully integrated into this rural area and would, if permitted, lead to a change in the character of this part of the countryside.

The Management Board therefore concluded that planning permission for the proposal be refused.

Noted.

10.1.1 Letter dated 8 May 2003 in reply to the submission made for application H/2001/0423/O – site for dwelling 120m North West of 150 Moneymore Road, Magherafelt for Mr S Smyth (copy circulated to each Member).

The letter intimated that the Management Board considered that the proposed development would not integrate satisfactorily into the rural landscape as required by prevailing planning policies. The Board was concerned that the proposed dwelling would contribute to ribbon development and, taken with existing dwellings at the location, contribute to a build-up of development leading to a change in the character of the rural area.

The Management Board therefore concluded that planning permission for the proposal be refused.

It was

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

RESOLVED: that in the event of Applications H/2001/0641/O and H/2001/0423/O being submitted to the Planning Appeals Commission the Council fully supports these applications.

10.1.2 Letter dated 20 May 2003 in reply to the Council’s submission made for application H/2002/0690/O - site for dwelling and garage 150 metres North West of 51 Moyagoney Road, Portglenone for Mrs Henry (copy circulated to each Member).

The letter intimated that the Board considered that a dwelling on the road frontage site could not be successfully integrated into this rural area and would, if permitted, contribute to build-up and further adverse change in the character of this part of the countryside.

The Management Board therefore concluded that planning permission for the proposal be refused.

It was

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

RESOLVED: that in the event of this application being forwarded to the Planning Appeals Commission it has the full support of the Council.

10.2 The following submissions were made to the Planning Service Management Board:

10.2.1 H/2002/0760/O – Mr S McElhone: Councillor S O’Brien requested that this submission be deferred until the next Council meeting.

10.2.2 H/2002/1069/O – Mr E Madden: Councillor J P O’Neill requested that this application be refused as it was the intention of the applicant to proceed to a Planning Appeal.

10.2.3 H/2002/0610/O – Mr D Mulholland: Councillor O T Hughes advised that there was no need for a submission and the matter had already been dealt with earlier in the meeting.

10.2.4 H/2002/0647/O – D H Building Contracts Limited: The Chairman, Councillor Miss K A Lagan requested that the submission to the Planning Service Management Board be deferred. She further reported that this application could be withdrawn.

10.2.5 H/2002/0914/O – Mr F Donnelly: Councillor Rev Dr R T Wm McCrea requested that this application be refused. It was further

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

RESOLVED: that in the event of the application proceeding to a Planning Appeal, it had the full support of the Council.

11. PLANNING SERVICE Mr Robert Robinson, Planning Officer introduced Mr Brian Lundy, a new Principal Planning Manager 185/6/2003 for the Magherafelt and Carrickfergus areas. Mr Robinson said that he would be moving from the Magherafelt area and that Mr Melvin Bowman would be taking his position. Mr Chris Blair would be joining the Magherafelt team along with Mrs Joan Bryson and Mr Noel McGowan.

11.1 Submitted the Divisional Planning Service report dated 17 June 2003 (copy circulated to each Member). The following applications were taken into special consideration:-

New Applications:

H/2003/0978/F – Mr S Watten The Planning Officer advised that one objection had been received in connection with this application. The main issues were light, overbearing, no aesthetically pleasing. The Planning Officer stated that amendments had been received and the situation had been resolved.

Noted.

The Planning Officer advised that an application had been omitted from the schedule

H/2003/0097/F – Mr Stephen Catherwood The recommendation was approval.

H/2003/0147/O - Mr McPeake The Planning Officer advised that two objections had been received in connection with this application. He explained that there had been difficulties over landownership and copies of maps obtained from Land Registry. The main issues were proximity to a pig house and drainage. Land Registry had checked the access to the pig house. He said that the problem with the development was that it overlapped a neighbour’s property.

Councillor J Junkin requested that the application be deferred for one month so that he could check out the situation with Land Registry as he was not happy with the situation.

Councillor O T Hughes requested that the matter be deferred for two weeks.

Councillor Rev Dr R T Wm McCrea commented, that he would be surprised if everything could be completed inside two weeks considering the backlog of other planning issues.

Councillor J Junkin agreed to the deferral of two weeks.

11.2 Applications where the Opinion is Refusal:

H/2002/0162/F – F P McCann Deferred. The Planning Officer advised that one objection had been received regarding tree planting and a maintenance strip, a traffic hazard and change of character of the area.

Councillor J A McBride stated that there was no need for a site meeting to be arranged yet but the application should be deferred to allow for further information to be made available.

H/2002/1039/F - Mr B Young Deferred. Site meeting to be arranged for Monday 23 June 2003 at 10.15 a.m. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0294/F – Mr R Woods Deferred for further information and discussion.

H/2002/0874/O – Mrs M Henderson The Planning Officer advised that two objection had been received regarding privacy. Deferred for one month.

H/2002/1085/O – Mr S O’Loughlin Deferred. Site meeting to be arranged for Monday 23 June 2003 at 2.30 p.m. Councillor H E Mulland and P H McErlean to attend.

H/2003/0122/O – Mr S Hughes The Planning Officer advised that one objection had been received regarding the removal of a hedge, ribbon development and the destroying of wildlife habitat. Deferred. Site meeting to be arranged for Monday 23 June 2003 at 11.30 a.m. Councillor J A McBride to attend.

H/2002/0143/0; H/2003/0156/O & H/2003/0157/O – Planning Direct Ltd Deferred. Site meeting to be arranged for Tuesday 24 June 2003 at 10.30 a.m. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0201/O – Mr B Smith Deferred. Site meeting to be arranged for Monday 23 June 2002 at 12 noon. Councillor S O’Brien to attend.

H/2003/0252/O – Mr A Mawhinney The Planning Officer advised that two objections had been received mainly in connection with the potential of the adjoining business and that the development was in a wildlife protected area.

Councillor J Junkin enquired as to what wildlife was protected in this area.

It was thought that it was badgers.

Deferred. Site meeting to be arranged for Tuesday 24 June 2003 at 9.30 a.m. Councillors O T Hughes and P H McErlean to attend.

H/2003/0255/O – Mr P Devlin Deferred. Site meeting to be arranged for Monday 23 June 2003 at 10.55 a.m. Councillor J A McBride to attend.

H/2003/0276/O – D Hepburn Deferred. Site meeting to be arranged for Monday 23 June 2003 at 1.30 p.m. Councillors J A McBride and P E Groogan to attend.

H/2003/0323/O – Mr G Riddle Deferred. Site meeting to be arranged for Tuesday 24 June 2003 at 10.00 p.m. Councillor O T Hughes to attend.

11.3 Applications Deferred from Previous Meeting:

H/2001/0034/O – Mr P Bradley Deferred. The Chairman, Councillor Miss K A Lagan advised that this application was to be withdrawn.

H/2001/0657/F – Market Yard Trustees The Planning Officer advised that eight objections had been received.

Reference was made to a letter from the Council’s Solicitor dated 19 May 2003 intimating that the Council could not assent this area at King Street, Magherafelt as a Public right-of-way.

H/2001/1010/O – E McGurk Deferred. Three weeks to withdraw or refusal issued.

H/2002/0244/O – Mr G H Fleming Approval.

H/2002/0642/O – Mr P McErlean Deferred. Three weeks to withdraw or refusal issued.

H/2002/0647/O – D H Building Contracts Ltd Deferred. The Chairman advised that this application was to be withdrawn.

H/2002/0700/O – Mr M Hegarty Deferred. Three weeks to withdraw or refusal issued.

H/2002/0792/F – Ms F Craig Approval.

H/2002/0798/O – Mr P McNally Deferred. Three weeks to withdraw or refusal issued.

H/2002/0814/O – P J Convery Deferred. Three weeks to withdraw or refusal issued.

H/2002/0824/O – Mr P Boyle Deferred. Three weeks to withdraw or refusal issued.

H/2002/0825/O – Ms A Fleming Approval.

H/2002/0871/F – Mr K Convery Deferred. Three weeks to withdraw or refusal issued.

It was further

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

RESOLVED: that in the event of this application proceeding to the Planning Appeals Commission it has the full support of the Council.

H/2002/0905/O – Mr P McGarry Approval.

H/2002/0914/O – Mr F Donnelly Refusal. Councillor Rev Dr R T Wm McCrea stated that this application had been considered under the Planning Service Management Board referrals.

H/2002/0944/O – Mr W Barfoot Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2002/0977/O – Mr L Lagan Deferred. The Chairman, Councillor Miss K A Lagan requested an office meeting with Mrs Joan Bryson.

11.4 Discussion took place regarding the contents of a letter dated 12 June 2003 from the Divisional Planning Manager, Mrs Helena O’Toole (copy handed out to each Member).

The letter set out adjustments to the procedure following the deferral of planning application presented on a Council schedule.

The Planning Service would continue to facilitate deferrals for a site or office meeting after first presentation to the Council and the officer attending would agree the order and timing of these with the interested Councillors.

The letter stated that where a subsequent deferral has been requested it has become practice for all such office meetings to be held with the Divisional Planning Manager.

Mrs O’Toole referred to the increase in the number of applications dealt with in the Planning Office and it was proposed that routine office meetings requested on deferrals would be held with the Principal Planning Officer who was one of two DPM deputies in charge of development control, namely Mr Lundy.

It was further suggested that the office meetings would be held in Magherafelt and organised for a specific day, for example, at the end of the week following the Council meeting and whether or not it would be worth holding these meetings without the applicant and agents present as both had the opportunity to air their views at site meetings.

Councillor J A McBride said that he was not against it in principle but the issues were extremely contentious, particularly those in the second last paragraph of the letter.

Councillor J F Kerr also stated that he was not against the proposals in principle but he felt that it was necessary that the applicant and agent should be present on each occasion their application was discussed.

Councillor Rev Dr R T Wm McCrea said that he was not against the proposals in principle, but he was concerned that the Divisional Planning Manager was divorcing herself from her responsibilities. Councillor Rev McCrea said that over the year a large percentage of planning opinions had been overturned and elected representatives making representation to the Divisional Planning Manager had proved advantageous. He said that there were a number of glaring gaps and in a number of occasions he was embarrassed by a refusal.

He further stated that a point which had been made by the Chief Executive of the Planning Service was that the Divisional Manager could not remain remote and aloof from cases of appeal. In his opinion the letter went further than the direction given by the Chief Executive and the matter should be checked out with the Chief Executive’s office. Councillor Rev McCrea also stated that the applicant should hear all about their application and they had a right to be received by the Planning Officer, perhaps their Agent was another matter.

Councillor G C Shiels enquired about a specific day for office meetings and suggested this would be difficult to arrange.

The Chairman, Councillor Miss K A Lagan said that she had a number of difficulties with the content of the letter and felt that the whole matter should be taken back to Miss O’Toole.

The Planning Officer, Mr Robinson said that he would take back the Council’s comments to Miss O’Toole and suggested that the Chief Executive write to the Divisional Planning Manager confirming the situation.

Councillor T J Catherwood referred to the backlog of planning application work and suggested that many of the problems related to the planning officer’s first inspection of the site. He also added that it was the applicant’s duty to be present at all site meetings to take part and hear about their site.

Councillor J F Kerr added that the last paragraph of the letter give the impression that this procedure would be the way forward and not a consultation with the Council.

Mr Lundy in response said that the Divisional Planning Manager’s letter was not an ultimatum and the Council was free to express its opinion. The Department would take the Council’s views on board and perhaps meet with the Council to decide on the way forward.

Members felt that this suggestion was a good idea.

11.5 H/2002/1013/F – W Nesbitt Deferred for one month on the request of Councillor G C Shiels. The Planning Officer added that the Department was prepared to accept one site not two.

H/2002/1069/O – Mr E Madden Refused. This application had already been discussed during the submissions to be made to the Planning Service Management Board.

H/2002/1070/O – Mr J P Mulholland Deferred for an office meeting on the request of Councillor O T Hughes.

H/2002/1079/O – Mr A Mulholland Deferred for an office meeting with Mrs Joan Bryson on the request of Councillor J Junkin.

H/2002/1124/O – Mrs D Ferris Deferred for one month on the request of Councillor P H McErlean for further information.

H/2002/1130/F – McKeown Developments Approval.

H/2002/1150/O – Mr D Laverty Deferred for one month on the request of Councillor J A McBride.

H/2002/1159/O – Mr P Fullerton Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan as an alternative site was under investigation.

H/2002/0010/O – C & M Madden Approval.

H/2003/0013/O – Mr J Bradley Deferred for one month on the request of Councillor P E Groogan.

H/2003/0020/O – P J McWilliams Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0023/O – Mr J McAleese Approval.

H/2003/0026/O – G McQuigan Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0028/O – Mr S McCloskey Approval.

H/2003/0048/O – Mr G O’Neill Approval.

H/2003/0050/O – G Gordon Approval.

H/2003/0058/O – G Gordon Deferred. It was

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

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 9 August, 2003.

H/2003/0090/O – N I Housing Executive Approval.

Councillors Rev Dr R T Wm McCrea and T J Catherwood objected to the selling of this land for a residential development and requested to be recorded as objecting.

H/2003/0084/O – Mrs M Hurl Deferred for an office meeting on the request of Councillor O T Hughes.

H/2003/0169/O – B Lagan Deferred for an office meeting on the request of the Chairman, Councillor Miss K A Lagan. Councillor Miss Lagan stated that there was a Roads issued regarding the existing laneway. There were numerous similar accesses and referred in particular to the Toberhead Road. She said that the road was unused and the Roads Service’s decision was particularly severe and harsh on this man.

H/2003/0181/O – S Donnelly The Planning Officer reported that this application had been withdrawn earlier in the day.

H/2003/0192/O – Mr D Moore Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0214/F – Mr S Ward Deferred for an office meeting on the request of Councillor P H McErlean.

H/2003/0232/F – F P McCann Ltd The Planning Officer reported that this application had been withdrawn earlier in the day.

H/2003/0237/O – Mr S Toner Deferred. It was

PROPOSED by Councillor J A McBride, Seconded by Councillor P H McErlean, and

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 9 August 2003.

H/2003/0240/O – T Lennox Deferred. Three weeks to withdraw or refusal issued.

H/2003/0250/O – S Ward Refusal. It was

PROPOSED by Councillor J A McBride Seconded by Councillor P H McErlean, and

RESOLVED: that the Planning decision should be issued and that the application should proceed as a conjoined appeal.

H/2003/0266/O – Mr W Lamont Approval.

H/2003/0278/O – Mr M O’Kane Deferred on the request of Councillor J A McBride. Councillor McBride further requested that as the development was outside the CPA Mrs Bryson should write to the applicant and inform him about the alternative site.

H/2003/0284/O – Mr WJA McBride Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0310/O – Mr S Tohill Approval.

H/2003/0312/F – Mr P Toner Deferred for an office meeting on the request of Councillor P E Groogan.

H/2003/0315/O – Mr F Mackle Deferred for one month on the request of Councillor J A McBride. He further stated that the applicant was in the process of obtaining an alternative plan.

H/2003/0317/O – Mr A McGuigan Deferred for an office meeting on the request of Councillors J A McBride and P E Groogan.

H/2003/0330/O – Mr M Convery The Planning Officer reported that this application had been withdrawn.

H/2003/0366/O – D & I McMullan Refusal. It was

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

RESOLVED: that in the event of this application proceeding to a Planning Appeal it has the full support of the Council.

H/2003/0373/O – Miss A Rea Deferred for an office meeting on the request of Councillor P H McErlean.

H/2003/0379/O – Mr A Mawhinney Deferred for an office meeting on the request of Councillor P H McErlean.

11.6 Applications Deferred from Previous Meeting and Still under Consideration: Councillor P H McErlean enquired about application H/2002/1174/O for Mr Declan Loane & Ms Maeve O’Kane.

In response the Planning Officer stated that Roads Service was still considering the application.

Councillor Rev Dr R T Wm McCrea enquired about a site meeting for application H/2003/0337/O for Ms C Nesbitt. In response, the Planning Officer advised that the site meeting was scheduled for Tuesday 24 June 2003 at 11.30 a.m.

Councillor T J Catherwood enquired about application H/2003/0353/O for Mr J Lennox and stated that the agent was only available for meetings on Friday afternoons and therefore Tuesday, 24 June 2003 was not suitable.

The Planning Officer suggested that the Agent should liaise with the Planning Office on this matter.

11.7 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 17 June 2003, subject to the above conditions and amendments.

11.8 It was

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

RESOLVED: that the Planning Service be authorised to issue non-contentious approvals in respect of applications for the Magherafelt District which would normally appear on the July schedule.

11.9 Submitted additional letters dated 10 June 2003 from Mr Maurice Lyttle, and Mr & Mrs T Kerr, Castledawson in connection with planning application H/2003/0274/F for 115 units of housing to the West of Tamnadeese Road, Castledawson which would soon be presented to the Council (copies circulated to each Member).

Their letters of objection had also been submitted to the Planning Service and Roads Service. The main objections were regarding sewage, heavy traffic volume, safety for people walking and damage to a natural amenity for the people of Castledawson.

Noted.

12. PLANNING APPEALS Submitted Bulletins prepared by the Planning COMMISSION Appeals Commission for the month of April 2003. 218/6/2003 12.1 The Chief Executive advised that there were no applications from the Magherafelt District in the April Bulletin.

Noted.

13. ENVIRONMENTAL Submitted report for the month of May 2003 HEALTH DEPARTMENT (copy circulated to each Member). The following matters were taken into special consideration: - 196/6/2003 13.1 Industrial Pollution Control (NI) Order 1997 Mr Burrows advised that applications had been received for authorisation under Articles 6 and 11 of the Industrial Pollution Control (NI) Order 1997 from ARDS Timber (Castledawson) Ltd, Moyola Road, Castledawson and Balcas Timber Ltd., 58-60 Ballyronan Road, Magherafelt to operate their premises for the processing and handling of wood products. He said that authorisations had been drafted for these processes and included conditions under which terms the plants must operate. The appropriate application fees had been received and he therefore recommended that the Council approve the authorisation of these processes.

On consideration it was

PROPOSED by Councillor J A McBride Seconded by Councillor J F Kerr, and

RESOLVED: to approve authorisation under Articles 6 and 11 of the Industrial Pollution Control (NI) Order of both premises for the processing and handling of wood products.

13.2 Clean Air (NI) Order 1981 Mr Burrows reported that an application had been received for the Council’s approval of the height of a chimney to serve a boiler-house attached to the new Bingo Hall at Union Road, Magherafelt. The height of the chimney was 12 metres. The Department concluded that this was the appropriate height for the chimney and Mr Burrows recommended that the Council grant the application and approve the associated plans subject to the following conditions:

1 Maximum number of boilers to be 2 2 A rating value for each boiler of 420 KW per hour 3 Type of fuel burned should be 34 sec gas oil 4 Maximum burning rate of fuel per hour for each boiler to be 27 Kg per hour.

These conditions were considered necessary in order to maintain a discharge of not more than 0.2 Kg per hour of sulphur dioxide at the calculated level in relation to the approved chimney heights.

Councillor J Junkin enquired if paraffin was used would it not be cleaner than gas oil.

Mr Burrows felt that the application should be taken as submitted.

On consideration it was

PROPOSED by Councillor P E Groogan, Seconded by Councillor J P O’Neill, and

RESOLVED: that the application as submitted be approved.

13.3 Public Health (Ireland) Act 1878 Mr Burrows advised that an application had been received from Mr Henry McGlone , landlord, to have the dwelling at 25 Derramore Park, Magherafelt inspected

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

1. Penetrating dampness to the dwelling via decayed woodwork to the front and rear doors and frames. 2. Penetrating dampness and excessive draughts to the dwelling via decayed and warped woodwork to the windows of the living room, front left bedroom and rear bedroom.

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

1. Replace the front and rear doors and frames 2. Replace the windows to the living room, front left bedroom and rear bedroom.

On consideration it was

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

RESOLVED: that the Council issue a Statutory Abatement Notice on the owner requiring him to carry out the recommended remedial work within six months.

13.4 Food Safety (Northern Ireland) Order 1991 Mr Burrows referred to a complaint received on 20 January 2003 relating to a piece of steel found in pork sausages purchased from a retail outlet in the Council area.

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

“The sample consisted of two pieces of cooked sausages together with associated foreign matter allegedly found therein. The foreign matter was a triangular shaped piece of steel. This had the outline of an equilateral triangle with sides of 12.5 millimetres. The steel was sheet-like in nature with a thickness of just over 0.5 millimetres and appeared to be plated. It weighed 0.274 grams including traces of adhering matter on its surface.”

Mr Burrows advised that the manufacturer was notified of the complaint and the Council in whose area the product was manufactured was also contacted regarding the metal detection systems within the premises and any other measures in place to prevent this type of incident occurring.

Information had been received indicating that the product was manufactured on 9 January 2003, packing time between 1200 and 1245. Metal detection procedures were in place at the deboxing stage of all raw meat ingredients and at packing lines. Standard test pieces, which were used throughout the industry were used and records showed that checks undertaken indicated that the metal check sensitivity and reject function was working.

Mr Burrows further added that the premises were visited by an officer from the Council’s department, accompanied by the investigating officer from the Council in whose area the product was manufactured. The complaint item was found to be metal detectable and full traceability of the ingredients were maintained throughout the production process. Several control measures were in place to deal with foreign bodies. No similar material was found to be in use in the factory.

The company was an improved premises producing a range of meat products and meat preparations which were made to documented recipes and quality control production procedures. There was no record of similar complaints. 32

Complaints were discussed on a weekly basis to identify possible sources and implement remedial actions.

Mr Burrows said that given the information obtained during the investigation, it was considered that although the food was in contravention of Article 13 of FSNIO in that it was not of the substance demanded by the purchaser the company would be able to claim a “due diligence defence” under Article 20 of the Food Safety (NI) Order 1991 –

“It shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.”

On consideration of the results of the investigation, it was considered that given the satisfactory standard maintained in the premises, the responses and full co-operation obtained from the company during the investigation, and the past history of the premises, it was recommended that no formal enforcement action be taken on this occasion.

Mr Burrows therefore recommended that no formal enforcement action be taken on this occasion and that the Council approve the actions taken by the officer in the investigation of the complaint.

On consideration it was

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

RESOLVED: to approve the actions taken by the investigating officer of the complaint and that no formal enforcement action be taken against the company on this occasion.

13.5 Food Standards Agency – Eat Safe Hygiene Award Mr Burrows stated that as a pilot project in Northern Ireland, the Food Standards Agency and the Chief Environmental Health Officers Group, together with representatives of the General Consumer Council and of the business sector, had developed an award scheme for catering businesses.

The scheme recognised those that achieved the highest standards of food hygiene. The award would be known as the “Eat Safe” award.

Mr Burrows explained how the award would be assessed in order to gain the award as set out in his report. Businesses achieving the award standards would receive a certificate endorsed with the logo of the District Council and of the FSA, which they could display on their premises together with window stickers. The certificate would remain the property of the District Council and recipients had to agree that it would be withdrawn should standards fall.

It was hoped that the award scheme would commence in June 2003 and after initial trials and evaluation the scheme might be extended to include a wider range of food businesses over time. However, initially, Mr Burrows said that it was important that the Eat Safe award imposed minimum additional burdens on local authority staff. It was hoped that the award would contribute to the production of progressively safer foods within the food industry.

Mr Burrows recommended that Members noted the development of the Eat Safe award in Northern Ireland and that they would approve the implementation of the scheme within Magherafelt District Council.

On consideration it was

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

RESOLVED: to approve the implementation of the Eat Safe Hygiene Award scheme within the Council.

Matters for the Information of the Council

13.6 Industrial Pollution Control (NI) Order 1997 Mr Burrows reported that the department was currently involved with concrete manufacturers in the area in relation to upgrading issues including dust emissions which would ensure that all plants achieved the standards required by the appropriate Process Guidance Note.

Mr Burrows further stated that complaints had been received from the public in relation to some of the larger plants within the area and were located close to residential areas or places of work. He said that he had discussed the matter with some Councillors. The upgrading issues would involve both the provision of new equipment (where necessary) and would also look at aspects of operational procedures.

Noted.

13.7 Pollution Control and Local Government (NI) Order 1978 Mr Burrows advised that the department was currently involved in an investigation concerning noise arising from the premises of Creagh Concrete Products Ltd. at Blackpark Road, Toomebridge. Complaints had been made by two local residents regarding noise emissions.

The matter had been extensively investigated and progress was being made on the issue. The complainants had been kept abreast of developments.

Mr Burrows further said that Creagh Concrete Products on the recommendation of acoustic consultants had erected a substantial wall around part of the boundary of their factory in an effort to reduce noise. This wall effected a small improvement but insufficiently to satisfy t he complainants of the department. In order to gain greater effect the consultants had recommended that the wall be extended to fully enclose the main manufacturing part of the factory and that the existing wall be fully grouted. The wall was expected to be in place by mid-summer.

Relocation of part of the manufacturing plant from its present location close to the boundary wall to an alternative position within the site remained an option. After the wall was extended, further noise measurements would be taken. If the noise levels were not reduced sufficiently, the plant relocation option and times of plant operation would be examined.

Mr Burrows said that the Council would be kept informed of further developments.

Councillor P H McErlean referred to the dust and noise pollution at Creagh Concrete Products and asked about the watering down of dust and the health risk to local residents. He asked that the matter be carefully considered.

Mr Burrows explained that these were housekeeping procedures. The Quality Manager had agreed that dust would be reduced but could not say that there would be no dust. It had to be accepted that there would be some dust.

Councillor J A McBride stated that on the following day a high level meeting had been arranged.

Mr Burrows assured Members that improvements would be made within the next few months.

13.8 Food Safety (NI) Order 1991 Mr Burrows referred to his report of January 2003 when a complaint had been received by the department relating to a metal bolt found in a pre- packed ice-cream cone, purchased from a retail outlet in the Council area. The investigation revealed that the boxes designed for sale to the final consumer from the freezer cabinets were too big to pass through the company’s metal detection, and therefore were not subjected to metal detection. It was decided at the Council meeting that legal proceedings be instituted against the manufacturers of the ice-cream cone, Fredericks Dairies, Prospect Place, East Pimbo, Skelmersdale, Lanc WN8 PQD under Article 13 of the Food Safety (Northern Ireland) Order 1991, which stated “any person who sells to the purchasers prejudice any food which is not of the substance demanded by the purchaser shall be guilty of an offence.

Mr Burrows reported that the case was heard at Magherafelt Magistrate’s Court on 2 June 2003. The defendants entered a guilty plea and a fine of £1,000 was imposed. The department had requested that increased costs be awarded to take into account the amount of work involved in the investigation. Full legal casts and Public Analysts fees, totally £2,034.05 were awarded.

Noted.

13.9 It was

PROPOSED by Councillor J A McBride, Seconded by Councillor J F Kerr, and

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

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

322/6/2003 Development Services:

14.1 Knockloughrim Woodland Walk Mr Johnston in referring to his report advised the Council that an approach had been made by Knockloughrim Community Association regarding the development of a 2 Kilometre walkway through an area to the rear of “Bolton’s Quarry” on land given to the Community Group by F P McCann (Contractors), Knockloughrim.

The cost of the project is estimated at £35,046 with 75% of this figure being sought from the Environmental Heritage Service, that is £26,284.50. The local Community Group were requesting that the Council fund the remaining £8,761.50 to allow the project to proceed.

Mr Johnston suggested that this was an excellent proposal. It was however an expensive proposal and he advised that if the Council agreed to support this walkway and another application he had received, it would stretch the budget to its limit and they would have to be the last projects of this nature for the foreseeable future and definitely within the current financial year.

14.2 Mr Johnston sought the permission of the Chairman to raise the second walkway, and this was agreed to.

14.3 Sperrins Tourism Ltd Mr Johnston advised that the second request was from Sperrins Tourism Ltd to become one of two promoting Councils for the construction of a “waymarked walkway”, that is a walkway with signs, interpretation boards/discs, etc. The other Council would be Limavady Council.

The walkway would start in Magherafelt Council’s area at the Rural College in Draperstown. It would then make its way through Moydamlaght Forest where it would enter Limavady Council area. It would go through Banagher Forest to Dungiven, then back through Banagher Forest to complete a circular walk which would bring it back into the Magherafelt District where it would return to the Rural College. This walk would be about 40 Kilometres in length and would take a very interesting and scenic route through mountains, forests and bogland.

The walkway, which would be a permissive path as opposed to a right-of-way, would be funded mainly by CAAN, the Countryside Access and Activity Network. They would also insure the walkway for the first three years with the possibility of providing ongoing insurance after this time. CAAN would allocate approximately £30,000 towards the project, but they were also asking the promoting Councils (Limavady and Magherafelt) to contribute approximately £6,500 each towards the project, and undertake to execute the work to establish the walkway and thereafter keep it in good repair and condition.

Mr Johnston stated that there were a few issues that had to be resolved – the work involved in the construction of the walkway, the cost of ongoing maintenance and insurance. He felt that the officers should have the opportunity to walk the walkway and discuss again insurance issues with CAAN. Officers thought that the walkway would be of significant benefit to the district and Mr Johnston confirmed that the project had been approved by Limavady Borough Council. Mr Johnston said that CAAN and Sperrins Tourism required a decision before the end of June otherwise the funding for the project would be diverted elsewhere. He recommended that the Council support this project subject to all the outstanding issues being resolved to the satisfaction of the officers.

Councillor Rev Dr R T Wm McCrea said that he supported the Woodland Walk at Knockloughrim provided that the wooden fence could be taken into consideration. The walkway was an interesting scheme but it was important that the issue of insurance was resolved and asked if it was up to the Community Group to provide insurance.

Councillor G C Shiels replied stating that Knockloughrim Community Association had obtained insurance.

Mr Johnston stated that it was up to the Community Group to provide insurance to indemnify the Council.

Councillor J A McBride agreed that the issue of insurance had to be resolved. He referred to Rubin’s Glen which had an excellent walkway project but unfortunately suffered because of difficulties with insurance. Grant was available but was being withheld because of insurance problems and he felt that was unreasonable. He believed that the Council should be able to help in the circumstances.

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor G C Shiels, and

RESOLVED: that support both projects subject to all the outstanding issues being resolved to the satisfaction of the officers.

14.4 Proposed Lower Bann Cycle Way Mr Johnston advised that Sustrans had plans to develop the “Lower Bann Cycle Way” from Toome to Coleraine, as part of Route 96 of the Natural Cycle Network. He pointed out that this proposal would basically create a second cycleway between Toome and Portglenone. An initial section of Route 96 between Toome and Portglenone was opened in June 2002 as part of the Loughshore Trail project that was supported by this Council, however Sustrans believe that the imminent arrival of the Toome By-pass has placed a question mark over the future viability of particular sections of this route. They believe that whilst the cycleway would continue to exist it would pass through areas where heavy volumes of traffic could be a problem. Mr Johnston advised that their aim was to complete a survey report for their proposed route.

The estimated cost of compiling the report would be £9,000 plus VAT. £4,000 had already been secured of this funding from Antrim, Ballymena, Ballymoney and Coleraine Councils, whilst DCAL had contributed £4,000.

It was hoped that Magherafelt Council would contribute £1,000 to the project in order to complete the funding. Sustrans state that in their opinion this represented good value for money in that a completed project would help open the enormous recreational and tourism potential of the Lower Bann corridor. They viewed this request as a one- off request.

Mr Johnston suggested that Sustrans might have to seek matching funding from the Council should either of their projects involve the development of capital schemes that would attract funding from any of the relevant funding organisation. He said that irrespective of this issue of matching funding it was a fact at this point in time that all Sustrans were requesting was £1,000 to carry out a survey on what they considered a worthwhile project. Mr Johnston further pointed out to the Council that by agreeing to £1,000 it was not committed to any future funding and therefore recommended this project to the Council.

On consideration it was

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

RESOLVED: that the Council agree to contribute £1,000 to Sustrans to complete a survey report for the development of the Lower Bann Cycleway from Toome to Coleraine as part of Route 96 of the Natural Cycle Network.

14.5 Lough Neagh Strategic Fund Mr Johnston stated that again this was a request for funding. He reminded Members that at the Council’s January meeting he advised that the Lough Neagh Co-ordinating Committee at its meeting of Thursday 23 January had discussed the outline of a bid document to administer the Lough Neagh Strategic Fund. It was expected that the fund would be in the region of £2.8 million. It seemed that this was a significant shortfall in the administration costs required by the Lough Neagh Co-ordinating Committee and the amount DARD was prepared to pay, a shortfall of £153,291.

Mr Johnston further advised that it had been proposed that in order to make up this shortfall the participating Local Authorities would contribute £2,000 per year for six years with contributions of £42,000 each from the Environment and Heritage Service, and the Department of Culture, Arts and Leisure. This would amount to £156,000.

Mr Johnston said that none of the officers who attended the above mentioned Lough Neagh Co- ordinating Committee meeting were prepared to commit their Councils to the proposal and advised that any request for the Council funding should be made in writing to the Chief Executive of the participating Councils.

The Chief Executive has since received a letter stating that the Lough Neagh Strategic fund had been assessed and approved by DARD and that it was the understanding of the Committee that a formal letter of offer for the administration costs of £485,920 would be issued from DARD in the near future. It seemed that the total administration costs for the Lough Neagh Strategic fund had been independently costed at £587,400 until 2008. DARD had agreed to contribute £485,920 and this left a shortfall of £101,480. In order to ensure that BSP funding could be successfully drawn down from DARD the Lough Neagh Partnership needed to show that it could find this additional £101,480. The suggestion was that this funding gap could now be bridged with an annual contribution to the Lough Neagh Partnership of £3,500 for each participating Local Authority from January 2004 until December 2008 (that is a total of £17,500 per authority over 5 years). Mr Johnston said that it appeared that the Environment and Heritage Services and The Department of Culture, Arts and Leisure had advised that they did not have the resources to contribute to the shortfall.

The Lough Neagh Partnership had also advised that they were currently operating in “shadow” form with six directors out of a possible twenty-four. They stated that their was one director’s position for each Local Authority and as their inaugural general meeting was pending they had requested that the Council nominate one Councillor, or Council Officer for the election of directors.

Mr Johnston said that in the Officer’s opinion this fund had the potential to be of benefit to the area, both directly and indirectly. The fund together with the Lottery would be the largest source of funding for the Council’s Traad Park project, with a number of its sub measures particularly relevant. They were the measures for improving and developing water based and land based recreational activities in and around the Lough Shore. He gave an example, the Council could apply for funding under the Biodiversity Measure to set up an educational interpretation project of Lough Neagh that could be used by schools visiting Traad Park. There was also a specific sub measure for the development and management of three local nature reserves. Mr Johnston hoped that Traad Park would become one of the nature reserves. There were many other sub measures which the Council could directly target, for example, theme trails, the extension of existing trails and the promotion of events at Traad, and an extension to the jetty at Traad.

Indirectly there would be opportunities for local people and organisations to avail of funding under the life, work and influencing change measures. There would be opportunities for local accommodation providers for overnight stay facilities. Other measures would allow for the rebuilding of land mark heritage sites and it was projected that £570,000 would be spent on projects to improve the Lough itself and the local environment.

Mr Johnston said that industry could also benefit from the fund as the three types mentioned in the plan, agriculture, fishing and mineral extraction are very strong in our area, for example, the fund will assist farmers with drainage projects that show best environmental practice within the Lough Neagh Wetlands. Toome Eel Fishery is within the Council’s area, as is Scotts of Toomebridge who are one of the main mineral extractors in Northern Ireland. It seemed that the other participating Councils were going to support the project and subject to this happening he recommended that the Council would also support the project by agreeing to the subscription of £3,500 per annum as requested to the Lough Neagh Partnership.

On consideration it was

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

RESOLVED: to support the Lough Neagh Strategic Fund project by making a contribution of £3,500 per annum as requested for the next five years to the Lough Neagh Partnership.

14.6 Director – Lough Neagh Partnership Councillor J Junkin proposed that Councillor P H McErlean as a member of the Lough Neagh and Lower Bann Advisory Committees be nominated as the Council’s nominee as a Director of the Lough Neagh Partnership.

Councillor P H McErlean declined to accept the nomination and it was

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

That Councillor J Junkin be elected as the Council’s nominee as a Director of the Lough Neagh Partnership.

It was

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

Councillor J P O’Neill be elected as the Council’s nomination to the Lough Neagh Partnership.

On a vote being taken, Councillor J Junkin received 9 votes, and Councillor JP O’Neill received 7 votes, voting being by show of hands.

The Chairman declared Councillor J Junkin elected as the Council’s nomination to serve as a Director of the Lough Neagh Partnership.

Community Relations:

14.7 May Festival Mr Johnston reported that the May Festival was a great success. It involved all parts of the Magherafelt District Council area and in the officers’ opinion provided something for everyone.

Mr Johnston said that most of the events raised money for a specific charity, however, the total amount raised was still not finalised as all the sponsorship money had not been received. A further report to Council would be submitted when the final figure was realised.

14.8 Consultation Documents Mr Johnston said that the Council would be aware that last month a consultation documents entitled “A Shared Future” was submitted to Council. At this meeting the Council agreed that Members wishing to make a response should contact the Chief Executive. To date there had been no response. The letter that accompanied this document did however, invite the Chairman and six Councillors, or the appropriate staff, from Magherafelt, Ballymoney, Coleraine, Derry, Limavady and Moyle to attend a consultation workshop in Bushtown House Hotel, Drumcroon Road, Coleraine on Thursday 19 June 2003 from 10.00 am to 12.30 pm and numbers of those attending the event were required. Mr Johnston recommended that the Council’s Community Relations Officer should attend this event.

On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: that Mr Sean Henry, Community Relations Officer should attend the event on Thursday 19 June 2003 at Bushtown House Hotel, Coleraine.

Leisure Services:

14.9 Mr Johnston reported that May had been an excellent month for Leisure Services with a total income of just over £70,000, up 28% on May 2002. All of the centres had an exceptional months business. Tobermore Golf Driving Range had a good month with income of just over £5,000.

14.10 Mr Johnston referred to Page 6 of his report and highlighted the fact that the Official Opening of the new centre in Maghera was a success with much positive media coverage gained from the event. The feedback from guests was very positive and the building looked extremely well for the occasion and all the programmed events ran smoothly.

Mr Johnston said that the remainder of the Leisure Services report was for information.

14.11 Sports Development Officer Mr Johnston reported that a recent application made to the Sports Council for Northern Ireland, Investing in Sport Programme for funding to employ a Sports Development Officer, for a period of between 1 and 3 years, had been successful.

He confirmed that £15,250 had been awarded for the first year with similar amounts for years 2 and 3, provided that continued funding from DCAL was forthcoming to the Sports Council. Mr Johnston said that this would be approximately 75% funding of a Sports Development Officer’s salary which would be Scale 6. He recommended that the Council appoint a Sports Development Officer for the full three years period provided that funding was forthcoming from the Sports Council for years 2 and 3.

On consideration it was

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

RESOLVED: that the Council appoint a Sports Development Officer for a three years period on Salary Scale 6 provided that funding was forthcoming from the Sports Council for years 2 and 3.

Councillor J F Kerr congratulated the Officers and staff of Maghera Leisure Centre on the success of the Official Opening of the new complex.

Councillor J Junkin referred to Mr Johnston’s report on Tobermore Driving Range. On page 5, Mr Johnson reported that the Driving Range had a good month and on Page 6 he reported that there was a drop in income of 10% this month.

Mr Johnston stated that the drop of 10% was when compared with the corresponding month last year and compared with the previous months this year May 2003 had been a good month.

Technical Services

14.12 Vandalism Mr Johnston referred to the usual list of vandalism, fallen animals, abandoned vehicles, bulky refuse collections and ground maintenance.

Councillor Rev Dr R T Wm McCrea said that it was about time the Council got to grips with the pattern of vandalism and proposed forwarding a list of the items of vandalism to the Police.

In reply, Mr Johnston stated that a copy of the report on vandalism was released to the Police each month.

14.13 Bus Shelters, Draperstown Mr Johnston reported that following a recent site meeting on bus shelters at Draperstown and in order to progress the project, officers undertook to establish ownership of the preferred site for this bus shelter, which was the grass area at High Street, Draperstown.

He said that it was generally felt that the site was owned by the Drapers Company of the City of London and that became the starting point. Officers were directed to the Public Records Office in Belfast where a search of their records did indicate that the townland of Moyheeland which included the grass area at High Street, had been owned by the Drapers Company during the 19 th Century. They did not however show that the Drapers Company currently owned the townland of Moyheeland. On returning to the Drapers Company they were advised that they no longer owned any land or property in the area, having sold off the bulk of the land to local farmers and then transferred the remaining property to the Manor of Drapers Charity which was set up in 1902. They suggested that the records could possibly be obtained from Land Registry in Dublin. The Land Registry in Dublin’s records did confirm that certain property had indeed been transferred to the Manor of Drapers Charity. This included Draperstown Courthouse, several local schools and small portions of land including the Fair Hill, Draperstown. They did not specifically refer to the grass area at High Street. In an effort to finally clarify this matter two trustees of the Manor Drapers Charity were contacted to find out if they had any claims on the land.

They stated that the land was not included on their Deeds, however in the circumstances (the Drapers Company of London had transferred certain property to them) they did not rule out that they could in fact own the land.

Mr Johnston advised that despite all the officers’ efforts, and in particular Mr Kissick’s efforts, they could not confirm who owned the land. The area was unregistered and if it ever belonged to the Drapers Company, as part of the townland of Moyheeland, they said they had no claim to any property in the area. The land was not on the Deeds of the Manor of Drapers Charity, but it could well be that they owned it. Mr Johnston said that the best assumption was that if this land belonged to anyone it belonged to the Manor of Drapers Charity. The officers had therefore sought permission from the Manor of Drapers Charity to erect a bus shelter on the site and they had agreed, on the assumption that they owned the site.

Mr Johnston confirmed that Ulsterbus and the Department of Rural Development had agreed on the site and if the Council was prepared to proceed on this basis a bus shelter could be erected on the site.

On consideration it was

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

RESOLVED: to adopt the officer’s recommendation and erect a bus shelter on the grass area at High Street Draperstown on the assumption that the Manor of Drapers owned the site.

14.14 Mr Johnston referred to his report on the Annual Spring Clean and the Eco-pod Composting trial.

14.15 Waste Management Mr Johnston advised that Libre Management Services, representing a firm called Thermsave had been giving presentations to a number of Council officers (within the North West Waste Management Group) on how they felt Thermsave’s technology could potentially meet the majority of the future waste management requirements.

Mr Johnston stated that the technology involved loading unsorted waste in large drums called autoclaves. Steam was then injected into the autoclaves at a temperature of 160º Centigrade as the autoclave rotated. The generation, distribution, storage and control of steam not only sterilised the waste it broke down cellulose based materials into fibre flakes, softened plastics and flattened and removed labels, etc. from can, glass, etc.

The materials that emerged from the autoclaves was then sorted as it travelled along a conveyor belt with plastic, glass, cans, etc. removed for recycling. The fibre flakes could be used as low grade compost (for landfill cover) or placed in an anerobic digester to produce a high grade compost and methane gas, both of which were very marketable products. The fibre flake could also be made into brickettes and used as a clean waste derived fuel or mixed with the recovered plastic to make a wood replacement product. The process claimed to achieve a 6 to 1 volume reduction in the waste with an up to 90% recycling rate being achievable.

This would exceed all current and pending European Directive targets.

Mr Johnston confirmed that at the meeting, Mr Brendan Lynch, of Libre Management Services advised that whilst costs had not yet been finalised, he did suggest that the cost of treating unsorted municipal waste using this technology could be in the region of £25 to £30 per tonne, and that Councils or Groups of Councils would have no more responsibility for the waste once it was delivered to their site. Mr Johnston said that if these figures materialised this would make the proposal a very cost effective way of treating waste. He said that he had enclosed an information leaflet with the report relevant to the technology and a CD- rom giving a more detailed explanation of the process. Mr Johnston said that he had been advised that Thermsave already had a plant in operation in Cardiff and that Councillors and /or Officers of the Council would be very welcome to visit this facility. He suggested that if the technology was anything like what it seemed a visit to the site would be very worthwhile.

Mr Johnston said that he was aware that some Officers and Members had just returned from the IWM Conference in Torbay but he said that he would be anxious to see the technology in operation and sought the comments of the Council.

The Chairman, Councillor Miss K A Lagan proposed that a visit be booked.

Councillor Rev Dr R T Wm McCrea felt that any possible trip should also include the Scottish Coal Scheme and that both should be considered.

Councillor J Junkin stated that he was very interested and asked if the process was similar to one originally proposed by Henry Brothers, Magherafelt.

In reply, Mr Johnston stated that it was the same process.

Councillor Junkin stated that he understood this system was in operation in the South of Ireland as someone had been in contact with him on the matter.

Mr Johnston stated that as far as he was aware the only system in the British Isles was in Cardiff and the volume of waste used was 90,000 tonne. He felt that this could be a suitable project for the North West Group.

Councillor Rev McCrea felt the Council should investigate if the trip was feasible.

After some further discussion it was agreed that the matter should be considered after the Summer holidays.

14.16 Skip Amenity Sites Mr Johnston advised the Council that work to upgrade the current skip sites at Magherafelt, Maghera, Draperstown and Castledawson was in progress. It was his intention to have these sites upgraded, to major recycling centres and manned by 1 August 2003. The proposed opening hours for the sites were –

April to September 9.00 am to 9.00 pm – Monday, Wednesday and Friday

9.00 am – 5.00 pm – Tuesday, Thursday and Saturday

Closed: Sunday

October to March 9.00 am – 5.00 pm – Monday to Saturday

Closed: Sunday

Mr Johnston said that to comply with the Duty of Care as agreed by the Council, the skip sites at Bellaghy and Tobermore would no longer accept any waste other than waste for recycling after this date. The skip site at Macknagh Road, Upperlands would close. A new recycling facility would be provided by the Council at the new Business Park in Upperlands.

Mr Johnston said that in addition to the upgrading/restructuring of the Council’s skip sites the duty of care had forced officers to look at the skip hire service offered both to the public and private sectors and in particular the method of charging for this service.

Mr Johnston said that the charge was based on the size of the skip on hire, or being emptied, not the weight of waste that the skip contained. He said that irrespective of whether the skip contained soil or stones, or paper or cardboard the cost of disposal was the same. This system could not continue. Mr Johnston said that no only did the Duty of Care have specific requirement as to the type of waste, weight of waste and volume of waste, all of which must be contained in the waste transfer note, that fact that the Council was not charging by weight was costing the Council a considerable amount of money. He said that this was an initial report to basically raise the issue and that he would be bringing a further report and recommendations to a future meeting of the Council.

Noted.

14.17 Mr Johnston asked the Chairman’s permission to raise an additional item and this was agreed to. 50

14.18 Sponsorship of Flowerbed Mr Johnston reported that he had received a request from Tobermore Paving Centre seeking to sponsor the flowerbed in the centre of Tobermore (at the toilets). As part of their sponsorship they wished to erect a direction sign pointing to the paving centre on the Lisnamuck Road. He said that Members would be aware that Ulsterbus had already sponsored the flowerbed at the Diamond, Magherafelt and the Pound Garden Centre had sponsored the one on the Castledawson Road, Magherafelt. He recommended that the Council allowed Tobermore Paving Centre to sponsor this flowerbed at a price similar to the annual sponsorship obtained from Ulsterbus and Pound Garden Centre

On consideration it was

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

RESOLVED: to approve the request from Tobermore Paving Centre to sponsor the flowerbed in the centre of Tobermore (adjacent to the toilets) and to erect a direction sign to the paving centre at a price similar to the annual sponsorship obtained from Ulsterbus and Pound Garden Centre.

14.19 It was

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

RESOLVED: that the report as submitted be adopted.

15. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of June 2003 (copy circulated to each Member). 6/2003

15.1 The schedule provided for £713,741.34 out of the Revenue Account and £425,411.55 out of the Capital Account.

15.2 It was

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

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

15.3 It was further

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

RESOLVED: that the payment of accounts for the month of July be approved by the Chairman, Vice- Chairman and one other Member of the Council.

16. TENDERS Submitted tenders received for the following:

16.1 Catering Franchise, Greenvale Leisure Centre, Magherafelt Submitted report on tenders received for the catering franchise at Greenvale Leisure Centre for a three year period (copy circulated to each Member).

Tenders were received from:-

1. Geraldine McKillen 2. Chris McLaughlin 3. Margaret O’Doherty 4. Paul Sampson

It was the opinion of the panel that Mrs Geraldine McKillen was the most suitable applicant and recommended that she be offered the contract in the sum of £4,000 per annum.

In the event of Mrs McKillen not accepting, the panel recommended that the franchise be offered to Mr Chris McLaughlin.

On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor G C Shiels, and

RESOLVED: that the catering franchise for the Greenvale Leisure Centre be offered to Mrs Geraldine McKillen at her tender price of £4,000 per annum and in the event of her not accepting, the franchise be offered to Mr Chris McLaughlin.

16.2 Phase 1 – Ballymacombs Waste Disposal Site – Capping Contract Submitted report prepared by Kirk McClure Morton on tenders received for Phase 1 of the Ballymacombs Waste Disposal Site (copy circulated to each Member).

Ten bona-fide tenders were returned as follows:- £ 1 TAL Ltd 224,965.00 2 F P McCann 241,000.00 3 Fox Building Civil Engineering 244,544.00 Ltd 4 T D McKane 244,807.00 5 P T McWilliams Ltd 249,480.81 6 W O’Kane Civil Engineering 249,900.00 7 Brian Paine 289,324.52 8 R J Maxwell & Son Ltd 304,270.40 9 R Hogg & Sons 336,620.00 10 T G Eakin & Sons 975,695.00

The lowest tender received was from TAL Ltd. Kirk McClure Morton were satisfied that TAL Ltd were capable of carrying out the works at the rates submitted and within the permitted timescale and that they had experience of similarly sized and technically demanding projects. It was therefore, recommended that the contract be awarded to TAL Ltd in the sum of £224,965.00.

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea,

Seconded by Councillor J Junkin, and

RESOLVED: that the contract for Phase 1 – Ballymacombs Landfill Site – Capping Contract be awarded to TAL Ltd in the sum of £224,965.00.

16.3 Tarmacing of Riverview, Upperlands Submitted report on quotations received for the tarmacing of Riverview, Upperlands (copy circulated to each Member).

Three quotations were received as follows:-

1 F P McCann 9,300.00 plus VAT 2 R J Maxwell 8,591.75 plus VAT 3 P Graham 7,500.00 plus VAT

All three quotations met the specification and it was recommended that P Graham be awarded the tender in the sum of £7,500.00 plus VAT.

On consideration it was

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

RESOLVED: to accept the quotation for the tarmacing of Riverview, Upperlands from P Graham in the sum of £7,500 plus VAT.

16.4 Community Relations Grants Submitted summary of Community Relations Grant applications for the year 2003/2004 as prepared by the Community Relations Officer (copy circulated to each Member).

The Chief Executive advised that earlier in the day he had requested Mr Henry to categorise applications into villages and townlands and submitted a copy of Mr Henry’s report (circulated to each Member).

The Officers further pointed out that applications No.47 – Fort Riding Centre for Disabled and No.94 – Cookstown and Magherafelt Citizen Advice Bureau had already received funding from the Council and were therefore not eligible for Community Relations grant-aid.

Members requested that both the Fort Riding Centre and CAB be written to explaining the situation with regard to funding.

Councillor J Junkin referred to the request from Fort Riding Centre which was for funding to purchase an electronic typewriter for the centre and enquired if there was an old PC in storage in the Council’s administrative offices which could be donated to the centre.

The Chief Executive stated that he would have the matter investigated.

Members raised concerns regarding application No.65 – Moyola Clay Target Club which was for grant-aid to provide training for young people between the ages of 16-22 to assist them in the use of a shotgun within the sport of clay pigeon shooting. They referred back to a similar application some years ago from Burnairn Gun Club which was rejected at a General Purpose and Finance Committee meeting in September 2000 when the issue of the age to hold a gun licence was discussed and the application was rejected.

It was felt that this matter should be checked out.

Councillor R A Montgomery felt that these were two different applications and if Moyola Clay Pigeon Club’s application met the criteria it should receive funding.

It was felt that the real issue at the time of the previous application was the number of tragic shooting incidents which had occurred.

Reference was made to applications No.22, No.40 and No.92 all of which seemed to have connections with Upperlands Community Development Ltd.

It was

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

RESOLVED: that £300 be awarded to Upperlands Women’s Group (application No.22) and £350 be awarded to Upperlands Community Development Association Ltd (application No.40). It further resolved that application No.92 in the name of Upperlands Community Development Ltd be rejected.

On consideration it was

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

RESOLVED: the Community Relations applications for grant-aid as set out in Mr Henry’s report be accepted, subject to the above conditions and amendments.

17. FINANCIAL Consideration was given to the following letters of CONTRIBUTIONS request for financial contributions:

6/2003 17.1 Children with Leukaemia: Submitted letter dated 30 May 2003 for Children with Leukaemia – Ant and Dec’s Amazing Great Children’s Party Appeal seeking a contribution towards the event and the charity (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor P McLean, Seconded by Councillor J A McBride, and

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

17.2 Mr Laurence Hastings: Submitted letter from Laurence Hastings advising that he had been selected to represent Ireland and the Home Internationals in Nottingham on 30/31 May 2003 on the Men’s Over 40 Squash Team seeking financial assistance with the trip (copy circulated to each Member).

On consideration it was

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

RESOLVED: to give a donation of £200 to Mr Laurence Hastings towards the cost of his participation.

17.3 Ms Kathryn Burrows: Submitted letter dated 2 June 2003 seeking a financial contribution to Action Cancer. Ms Burrows in her letter explained that she was taking part in a trek across the Sacred Valley of the Incas in Peru in aid of Action Cancer and hoped that Magherfelt District Council would sponsor her (copy circulated to each Member). 56

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor G C Shiels, and

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

17.4 Under 14 All Ireland Feile: Submitted letter from the Fundraising Committee for the Under 14 Camogie Team from Ballinascreen. The team had won the Ulster Feile and were playing in the All Ireland Final and the Committee requested that the Council consider giving a donation (copy circulated to each Member).

On consideration it was

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

RESOLVED: to make a donation of £200.

17.5 Ulster Youth Orchestra: Submitted a letter dated 8 May 2003 from the Chairman of the Ulster Youth Orchestra seeking financial support (copy circulated to each Member).

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

17.6 Maghera Power Lifting Club: Submitted a letter from Mr Sammy Porter, Maghera Power Lifting Club seeking sponsorship of the Northern Ireland Bench Press Championships to be held in Maghera Leisure Centre (copy circulated to each Member).

On consideration it was

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

RESOLVED: that a contribution of £400 be made to Maghera Power Lifting Club.

17.7 Ms Katie Wilson: Submitted letter from Katie Wilson advising that she had been selected for the Irish Under 19 team to play in the forthcoming Junior Women’s World Squash Championships in Cairo form 17 – 18 August 2003 and was requesting some financial assistance (copy circulated to each Member).

On consideration it was

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

RESOLVED: to make a contribution of £200 to the Irish Squash Association.

17.8 Magherafelt and District Cage Bird Society: Submitted letter dated 6 May 2003 requesting a financial contribution towards the Magherafelt and District Annual Bird Show (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor G C Shiels Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: to make a contribution of £200 to the Society.

17.8 Mrs Margaret Johnston: Submitted letter from Mrs Johnston seeking a financial contribution towards her participation at the Bowls Home Internationals to offset her expenses (copy circulated to each Member).

On consideration it was

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

RESOLVED: to make a donation of £200 to the Irish Women’s Bowling Association to offset Mrs Johnstons’ expenses in participating in the Bowls Home Internationals.

17.9 Mr Artie O’Kane: Submitted letter dated 9 May 2003 from Artie O’Kane seeking sponsorship to participate in a sporting event “Iron Man” to be held in Roth, Germany on 6 July 2003 (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor J A McBride Seconded by Councillor P H McErlean, and

RESOLVED: to make a donation of £200 to the Northern Ireland Hospice.

17.10 Castledawson Homing Pigeon Society: Submitted a letter from the Honorary Secretary, Castledawson Homing Pigeon Society seeking financial assistance towards the up-keep of the Club (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor G C Shiels, Seconded by Councillor R A Montgomery, and

RESOLVED: to make a contribution of £200 to the Club.

17.11 Erin’s Own GAC Lavey: Submitted letter dated 7 June 2003 from Erin’s Own GAC Lavey seeking support for their U-14 Hurling Team which was representing the area in the National Feile na nGael competition in Kildare, Meath and Westmeath on 12-14 June 2003 (copy circulated to each Member).

On consideration it was

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

RESOLVED: to make a donation to the Club of £200 towards their U-14 Hurling Team’s expenses.

17.12 Leckagh Woman’s Group: Submitted letter from the Secretary, Leckagh Woman’s Group seeking financial assistance with a proposed Carnival on 11 July 2003 (copy circulated to each Member).

On consideration it was

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

RESOLVED: to refer the letter of application to Mr Henry to consider whether the application would merit Community Relations grant-aid.

17.13 Rural Support Loughry College, Cookstown: Submitted letters from Councillor Rev Dr R T Wm McCrea and Mr Billy Armstong supporting the charity which existed to develop links with other member states within the European Community to analyse the current state of rural Europe and ascertain similarities and devise potential solutions (copies circulated to each Member).

On consideration it was

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

RESOLVED: to make a contribution of £400 to the charity.

17.14 Samaritans: Submitted letter dated 14 May 2003 from the Director seeking financial assistance with the work carried out by the Ballymena Branch (copy circulated to each Member).

On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor G C Shiels, and

RESOLVED: to make a donation of £200 to the Samaritans.

17.15 Tobermore Youth Academy: The Chief Executive submitted to additional letters from Mrs Lorna Young (Secretary) and Mrs Joy Fullerton (Treasurer) on behalf of Tobermore Youth Academy seeking financial support (copies circulated to each Member).

On consideration it was

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

RESOLVED: to make a donation of £200 to Tobermore Youth Academy.

Councillor Rev Dr R T Wm McCrea referred to his request for the Chairman of the Ulster Farmers Union to make a presentation to the Council and enquired as to what had been arranged.

The Chief Executive replied that contact had been made with the Chairman but unfortunately the dates offered to him for the presentation were unsuitable.

Councillor Rev McCrea stated that the invitation still stood and requested the Chief Executive to renew the invitation with Mr Gillands.

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

268/6/2003 18.1 Confederation of European Councillors Northern Ireland Region’s Conference: to be held from 9-12 October 2003 in Prague, Czech Republic (details circulated to each Member).

The conference fee was 212 per delegate and the approximate cost per flight was £205. The accommodation charges were £72 (twin) and £56 (single) per night including breakfast.

Councillor Rev Dr R T Wm McCrea stated that numbers should be small.

On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: that the Council’s representatives on the Association of Councillors, Councillor G C Shiels and R A Montgomery attend.

Councillor P H McErlean stated that he did not wish to attend on this occasion.

18.2 Sixth International Symposium and Exhibition: Sixth International Symposium and Exhibition in Central and Eastern Europe and the Commonwealth of Independent States to be held in Prague, Czech Republic on 1-4 September 2003 (details circulated to each Member). The conference fee was $400 USD.

On consideration it was

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

RESOLVED: that Mr C W Burrows, Director of Environmental Health attend the Symposium and Exhibition.

18.3 Local Government Staff Commission: Conference to be held o Thursday 2 and Friday 3 October 2003 at the Hilton, Belfast entitled “People – The Future of Public Services” (details circulated to each Member).

On consideration it was agreed that should any Member wish to attend they should contact Mr Tohill, Director of Administration and Finance.

(letter and details circulated to each Member). The provisional price expectation was

19. CONSULTATION Consideration was given to the following: DOCUMENTS 19.1 Letter and copy of “DVLA Consultation on 195/6/2003 fee proposals – Driving Licences and Vehicle Registration” prepared by the Driver and Vehicle Licensing Agency seeking comments by 18 August 2003 (copies circulated to each Member).

19.2 Letter and Public Consultation Document “Private Rented Sector Northern Ireland” prepared by the Department for Social Development seeking a response by 31 July 2003 (copies circulated to each Member).

19.2.1 The Director of Environmental Health requested that he be allowed to comment on behalf of the Council on this consultation document, and this was agreed to.

19.2.2 Mr Burrows said that the private rented sector could be divided into two parts – the uncontrolled, and the controlled. The uncontrolled part was subject to minimal Government intervention and where tenants had few rights. The controlled was subject to significant legislation. Mr Burrows referred to the Rent (Northern Ireland) Order 1978 where tenants had major rights. It was the Government’s intention to introduce new arrangements for the Private Rented Sector in Northern Ireland. He said that according to the results of the 2001 House Condition Survey suggested that disrepair and unfitness remained causes for concern. He said that the new structure would provide sufficient incentives to landlords to maintain their dwellings and on the other hand would provide protection for all tenants. The new framework should enhance the capability to tackle housing disrepair and unfitness and that the new arrangements would be administered by the Rent Office service.

Mr Burrows further said that the new “fair rent” system should be introduced and linked to the condition of the dwellings in relation to disrepair and unfitness and that a system of interim control would be applied to unfit properties.

With regard to repairs, Mr. Burrows said that all dwellings should be subject to the Certificate of Disrepair regime but that there should not be an automatic right to receive Grant-aid. Default repairing conditions should be imposed on uncontrolled tenancies. These could be similar to Articles 41-45 of the Rent (NI) Order 1978. Repair notices should be actively enforced as a means of tackling unfitness.

Mr Burrows further added that Councils’ Environmental Health Departments had extensive experience in the assessment of fitness through the administration of the Rent Order and from House Condition Surveys, also the use of the Public Health Acts and Certificate of Disrepair procedures and suggested that the Housing Executive in partnership with District Councils could provide an effective system for the improvement of rented accommodation.

19.2.3 Councillor Rev Dr R T Wm McCrea sought and received clarification from Mr Burrows on the classification of properties as unfit.

19.2.4 On consideration it was

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

RESOLVED: that the Council support the comments made by the Director of Environmental Health and that they be forwarded to the Department of Social Development as the Council’s comments.

19.3 Letter and Consultation Document prepared by the General Consumer Council on Paying for Water: A General Consumer Council Information Paper (copies circulated to each Member).

19.4 Letter and Consultation Document prepared by the Environmental Policy Division re Implementation of EC Directive 2000/76/EC Incineration of Waste (WID) seeking comments no later than 23 July 2003 (copy circulated to each Member).

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

20. DATE OF MEETING It was

90/6/2003 PROPOSED by Councillor R A Montgomery, Seconded by Councillor J A McBride, and

RESOLVED: that arrangements be made the Northern Ireland Housing Executive to present the District Housing Plan to the Council at its next meeting to be held on Tuesday 12 August 2003.

21. NOTICE OF MOTION In accordance with her Notice of Motion, the Chairman, Councillor Miss K A Lagan proposed: 212/6/2003 “Given the very lengthy delays in Tax Credit payments and consequent hardship faced by many people, that this Council express its concerns directly to the Chancellor of the Exchequer requesting detail as to what measures will be set in place to:-

a) Clear the present backlog of claims b) Ensure that people do not face similar situations of delay and hardship at their next claim for Tax Credits.”

Councillor Rev Dr R T Wm McCrea seconded the motion, and unanimously adopted.

Members agreed that the issues had not be resolved and required action by the Chancellor of the Exchequer to remedy the problems with payments and hardship faced by many people.

22. EQUALITY AGENDA Submitted copy of the Equality Impact Assessment for the Leisure Services Department (copy 6/2003 (circulated to each Member).

The Chief Executive reminded Members that recent changes in legislation in Northern Ireland had introduced a duty on public authorities to promote equality of opportunity and good relations by making continuous improvement in the way in which their functions were exercised.

On consideration it was

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

RESOLVED: to adopt the Equality Impact Assessment in the Leisure Services Department as circulated.

Councillor J J Kelly retired from the meeting at 10.45 p.m.

23. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P McLean, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

25. LEGAL MATTERS This item was taken “In Committee”. 65

Councillor P E Groogan retired from the meeting during this item at 11.10 p.m.

26. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor R A Montgomery, Seconded by Councillor P McLean, and

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

Proceedings in “Open Council”

It was

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

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

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

33.1 Indenture of Conveyance between Magherafelt District Council (vendor) and Andrew McIntyre, William Grainger Stewart, Alastair George Sampson, Danny McNeil Savage, Andrew James Palmer McMillan, Alan David Fulton and Norman McMullan (purchasers) – Castledawson Presbyterian Church of a plot of ground measuring 6m x 20m behind their Church Hall and the local Primary School.

29. ITEMS FOR There were no items. INFORMATION The meeting concluded at 11.20 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)