Minutes of the Proceedings of the Council Meeting Held s3

MINUTES OF THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON MONDAY 26th MARCH 2012

In the Chair: Councillor P McShane

Members Present: Councillors J Baird, C McCambridge, D F Cunningham, W Graham, S Hunter, D M McAllister, N McAllister, R D McDonnell, R A McIlroy, M A McKillop, S McKillop, C McShane, C C Thompson.

Also Present: Mr Richard Lewis, Clerk & Chief Executive

Mrs M Quinn, Assistant Chief Executive and Head of Corporate Services

Mr P Mawdsley, Head of Environmental Health and Enforcement

Mr D Kelly, Head of Building Control

Mrs E Mulholland, Development Manager

Ms J McMath, Planning Service

Mrs Helena O’Toole, Planning Area Manager

Mrs J Morgan, Administration Assistant

Mrs K McCaw, Administration Officer

12/10:01 APOLOGIES AND CHAIRMAN’S BUSINESS

Apologies were received on behalf of Councillor Blaney.

Chairman’s Business

It was agreed the next Council meeting would be held on Monday 16th April 2012 due to Easter.

12/10:02 MINUTES OF THE COUNCIL MEETING HELD ON 27 th FEBRUARY 2012

The minutes of the Council Meeting held on 27th February 2012 having been circulated, were taken as read.

Amendments to Minutes

1 27th February 2012 Page 1 to include Councillor McCambridge in members present. Page 2 Councillor S McKillop’s proposal to write to Minister Poots was seconded by Councillor Graham. Page 7 Vote of 7 for and 6 against the proposal in relation to Mount Edwards Hill to be included.

After discussion,

Councillor Graham proposed, Seconded by Councillor C McShane and resolved, “That the Minutes of the Council Meeting held on 27th February 2012 be adopted.”

12/10:03 MATTERS ARISING FROM THE MINUTES OF THE COUNCIL MEETING HELD ON 27 th FEBRUARY 2012

There were no matters arising.

12/10:04 PRESENTATION FROM PLANNING AREA MANAGER REGARDING STREAMLINED CONSULTATION SCHEME

A presentation was delivered by Helena O’Toole, Planning Area Manager from DOE Planning Service regarding the Streamlined Consultation Scheme. Reference was made to the back log of planning applications and how streamlining would speed up the process for applicants and Council.

After discussion,

Councillor S McKillop proposed, Seconded by Councillor Hunter “That Council agree to support the Planning Service’s Streamlined Consultation Scheme.”

On a vote being taken on the proposal eleven votes were in favour and 3 votes against the proposal which was carried.

12/10:17 MOTION “THAT ALL PLANNING APPLICATIONS (FULL PERMISSION, OUTLINE PERMISSION AND APPROVAL OF RESERVED MATTERS, LISTED BUILDING CONSENT ETC) ARE ACCOMPANIED BY DIGITAL PHOTOGRAPHS WHICH IDENTIFY THE LOCATION, ANY ELEVATIONS SUBJECT TO PROPOSED ALTERATION, AND ANY DWELLINGS/BUILDING PROPOSED TO BE REPLACED.” (Requested by Councillor Cunningham)

It was agreed that item 17 on the agenda would be brought forward.

2 27th February 2012 Reference was made to planning applications and the difficultly for those involved in the decision process been able to determine exact location of site and that by introducing the use of digital photographs would eradicate any confusion of location.

After discussion,

Councillor Cunningham proposed, Seconded by Councillor McCambridge “that the motion tabled by Councillor Cunningham be agreed.”

Councillor Baird proposed an amendment, Seconded by Councillor S McKillop, “that the motion tabled by Councillor Cunningham would not be agreed.”

On a vote being taken on the proposal, seven votes were in favour, and six votes were against the proposal which was carried.

12/10:05 APPLICATIONS FOR PLANNING PERMISSION

The Planning Schedule which had been circulated was taken as read.

E/2010/0244/F Rathlin Island Green Energy Company, c/o G M Design. Location 22 – 24 Lodge Road, Coleraine, BT52 1NB. Proposed 3 no. replacement of wind turbines. (Recommended for Approval)

The above application was approved.

E/2011/0077/RM Mr E McAllister, c/o F Wheeler. Location 30m N.W. of 56 Glen Road, Glenariffe, Ballymena, Co Antrim, BT44 0RF. Proposed erection of one and half storey dwelling, new access and associated works. (Recommended for Refusal)

The above application was deferred for one month.

E/2011/0106/F Northern Ireland Water, c/o McAdam Design. Location Adjacent Bushmills Wastewater Treatment Works, 337A Whitepark Road, Ballytaylor, Bushmills, Co Antrim, BT57 8SL. Proposed riverbank stabilisation, riverside path, car park area and associated landscaping works. (Recommended for Approval)

E/2011/0142/0 Mr John McQuilkin, c/o Malachy McCurdy. Location Ballycarry, Rathlin Island. Proposed Residential Dwelling. (Recommended for Refusal)

3 27th February 2012 E/2011/0156/0 Mr P O’Boyle, c/o Gary McNeill. Location 36 Glasmullen Road, Glenariffe, Co Antrim, BT44 0QZ. Proposed Vehicle Repair Unit. (Recommended for Refusal)

The above application was deferred for an office meeting.

E/2011/0250/0 Mr & Mrs J McAllister. Location 82 Moycraig Road, Bushmills, Co Antrim, BT57 8YB. Proposed Replacement Dwelling and Detached Garage. (Recommended for Refusal)

E/2022/0251/0 Mr W Irons, c/o agent McMullan Architecture Unit. Location 170m SW of 6 Ballaghmore Road, Bushmills,Co Antrim, BT578RH. Proposed Dwelling and garage on a farm. (Recommended for Refusal)

The above two applications were deferred for one month.

E/2011/0252/0 Mr James Mitchell c/o McMullan Architecture. Location 180m South of St Patricks Church, 179 Glenshesk Road, Armoy, BT53 8RJ. Proposed dwelling and garage on a farm. (Recommended for Refusal)

The above application was deferred for an office meeting.

E/2011/0253/0 Mr James Mawhinney c/o Alan Thompson Partnership Ltd. Location, 5 Fairhill Street and Lands to the rear of 5a Fairhill Street, Ballycastle, Co Antrim, BT54 6AY. Proposed Renewal of previously approved outline application (Ref E/2006/0242/0) for Residential Development including Semi-Detached Dwellings and Townhouses. (Recommended for Approval)

E/2012/0002/0 Thomas Olcan Cassley. Location Site to the rear of 57 Cromaghs Road, Ballymoney, Co Antrim. Proposed One Dwelling. (Recommended for Refusal)

Deferred Applications

E/2009/0271/0 Rural Housing Association, c/o W M McNeill. Location, Site 20m North of 15 Cairns Road, Cushendall. Proposed site for residential development. (Recommended for Refusal)

With reference to the above application, Council disagreed with the Planners proposal of refusal.

4 27th February 2012 E/2010/0107/F Alastair McHenry Construction, c/o G M Design Associates Ltd . Location, lands opposite Clare Park, Clare Road, Ballycastle. Proposed Housing Development with associated roadways, landscape and public footpath along Clare Road. (Recommended for Refusal)

With reference to the above application, Council agreed to write to Minister Attwood.

E/2010/0273/F Mr Wesley Kane c/o Newline Architects. Location 550m North of 13 Ballinlea Road, Ballintoy. Proposed Erection of 1 no 250kw wind turbine with a hub height of 40m. (Recommended for Refusal)

E/2011/0043/O Mrs M Dunlop, c/o Lee Walker. Location 108 Causeway Road, Bushmills, Co Antrim, BT57 8SX. Proposed small replacement dwelling. (Recommended for Refusal)

E/2011/0056/F Carol Chestnutt, c/o Brean Architects. Location 380m SE of 66 Castlenagree Road, Bushmills. Proposed erection of wind turbine with 30m hub height and 30m rotor diameter with a max output not exceeding 250kw. (Recommended for Refusal)

With reference to the above three application Council disagreed with the Planners proposal of Refusal.

E/2011/0103/F Breige McAlonan. c/o Diamond Design Studio. Location 58a and 60 Coleraine Road, Ballycastle. Proposed Demolish existing garage, shop and stores and erect new portal framed, clad and facaded building to rear of site incorporating garage, store, shop and 2 retail units with associated parking (Recommended for Refusal)

The above application was refused.

E/2011/0122/0 Nicola Murray, c/o SCP Love. Location Land 50 metres south of 39 Warren Park, Waterfoot, BT44 0RL. Proposed traditional rural dwelling in accordance with policy CTY10 of PPS21. Recommended for Refusal)

The above application was withdrawn.

Councillor N McAllister left the meeting at this point.

Letter dated 20 th March 2012 from Mrs Rosemary Gordon regarding general state of Lower Quay Road

Reference was made to correspondence C on the agenda from Mrs Rosemary Gordon regarding general state of Lower Quay Road.

After discussion, it was agreed Council would sent a letter to planners highlighting issues on Quay Road.

5 27th February 2012 12:10:06 PRESENTATION FROM UNISON REGARDING PETITION TO SAVE A & E AT CAUSEWAY HOSPITAL

A presentation was delivered by Claire Bolt a representative from Unison, regarding a petition to save A & E at Causeway Hospital, Coleraine. Ms Bolt highlighted the impact the closing of A & E at Causeway Hospital would bring to rural towns and villages.

Councillors thanked the representatives from Unison and expressed their support in their actions.

12/:10/07 BUILDING CONTROL REPORT

The Building Control Report, having been circulated, was taken as read.

Bilingual Street Nameplates

New Applications

It was agreed to carry out surveys for applications received for bilingual street nameplates in the English/Irish languages for Fair Hill, Cushendall; Tavnaghan Lane, Cushendall and Cushleake Road, Cushendun, when additional budgetary funds become available.

After discussion,

Councillor M A McKillop proposed, Seconded by Councillor Hunter and resolved, “That the Building Control Report be adopted.”

12/10:08 ENVIRONMENTAL HEALTH AND ENFORCEMENT REPORT

The Environmental Health and Enforcement Report, having been circulated was taken as read.

Food Hygiene Offences

After discussion, it was agreed to continue the meeting in Committee.

6 27th February 2012 Reference was made to an ongoing Food Hygiene Offence committed by a Food Business Operator. Due to the serious nature of the offences it was recommended that Council issue a Formal Caution for breaches of the Food Hygiene Regulations (NI) 2006.

After discussion,

Councillor R McIlroy proposed, Seconded by Hunter and resolved “That the Council agree with the officer’s recommendation.”

The meeting continued out of committee at this point.

Draft Biodiversity Duty Guidance for Public Bodies

It was agreed to adopt the response for consultation to the draft Biodiversity Duty Guidance document.

Delegated Functions and Environmental Health Legislation

Reference was made to recent legislative developments and in light of these developments the department advised Council of updates to the list of legislation to be delegated to the HEE for the authorisation of officers with relevant qualifications, experience and competence.

After discussion, it was agreed to adopt the revised legislation.

Welfare of Animals Act (Northern Ireland) 2011

It was agreed to appoint the officers as listed in the report as inspectors under Section 45 (1) (b) of the Welfare of Animals Act (NI) 2011.

Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 – Framework of Fixed Penalty Notices

It was agreed to adopt the proposed framework of fixed penalty notices applicable for offences under the Clean Neighbourhoods and Environment Act (NI) 2011, with the discount rate and discount period for each offence.

McMullan Shellfish – Approval of Premises (Fish Products)

It was agreed to approve under Article 31 (2)(d) of Regulation 882/2004 to McMullan Shellfish, as being a Fish Product Establishment which complies with the relevant requirements of Regulation (EC) No 853/2004 in respect of handling of fish products.

7 27th February 2012 After discussion,

Councillor McIlroy proposed, Seconded by Councillor Baird and resolved, “That the Environmental Health and Enforcement Report be adopted.”

12/10:09 DEVELOPMENT SERVICES REPORT

The Development Services Report, having been circulated, was taken as read.

Bushmills Library – Application to North East Rural Development

Reference was made regarding Councils Application to the North East Rural Development Partnership for the provision of a Tourist Information Centre at the vacant Bushmills Library site and the implications regarding state aid.

After discussion

Councillor McIlroy proposed, Seconded by Councillor S McKillop and resolved, “ That it was agreed to confirm to the North East Partnership that the Council will carry the risk as it is judged to be minimal and that they will meet any shortfalls in operating costs until tenants are secured.”

Lammas Fair

It was agreed to approve the following recommendations regarding the Lammas Fair; Horse Sales to be prohibited and will be replaced with Shetland Pony show on Monday and Donkey Show on Tuesday. A specialist market to be held at the Seafront on the Sunday, Monday and Tuesday. The use of specialist temporary litter bins and a map and a programme of the horse shows will also be produced.

Exploring Options for the Commissioning of Generalist Voluntary Advice Services at Local Government Level

It was agreed Council enter into a new Service Level Agreement with Causeway Citizen’s Advice Bureau from 1st April 2012 to 31st March 2013, subject to receipt of satisfactory application and consistent with other Causeway Cluster Councils.

Ballycastle Chamber of Commerce

It was agreed to permit Ballycastle Chamber of Commerce to set up a market in the Seafront area of Ballycastle on Saturday the 14th April and the 1st Saturday of each month thereafter from 10am – 1pm.

8 27th February 2012 DOE 2010/11 Year Performance Indicators

Reference was made to the officer’s recommendation not to continue with the current exercise of reporting DOE 2010/11 year Performance Indicators.

Councillor S McKillop requested that it be recorded that she did not agree with the recommendation.

After discussion, it was agreed to continue with the current exercise of reporting annual performance indicators.

Tourism Events Grant Fund

It was agreed in principle to establish a Tourism Events Grant Fund subject to approving detailed criteria.

It was further agreed to use £3500 from the Tourism Events Grant Fund to run a Regatta event.

Councillor D McAllister left the meeting at this point.

ADDENDUM TO DEVELOPMENT SERVICES REPORT

Community Infrastructure Fund – Request from Greenlight Gateway for two month extension to grant claim date

It was agreed to approve the extension of grant claim date for Community Infrastructure Fund grant to Greenlight Gateway’s Space to Grow Phase 2 project until 31 May 2012.

Ballycastle Community Development Group

It was agreed that Councillors Baird, Blaney, Cunningham, C McShane and P McShane would be nominated onto the newly formed Ballycastle Community Development Group.

Councillor D McAllister returned to the meeting at this point.

Corporate Plan

After discussion,

Councillor McCambridge proposed, Seconded by Councillor N McAllister

9 27th February 2012 “That the Corporate Planning Workshop would be held at 6.00pm on 23rd April 2012.”

On a vote being taken 11 voted in favour of the proposal and 2 voted against the proposal which was carried.

After discussion,

Councillor Baird proposed, Seconded by Councillor Hunter and resolved, “That the Development Services report be adopted.”

12/10:10 CORPORATE SERVICES INTERIM REPORT

The Corporate Services Interim Report, having been circulated, was taken as read.

Transition Project Managers Role

It was agreed that the meeting continued in committee at this point.

After discussion

Councillor McIlroy proposed, Seconded by Councillor Cunningham, “That Council extend the Transition Manager Post until the Statutory Transition Committee.”

On a vote being taken there were 12 votes in favour, and 2 against the proposal which was carried.

The meeting continued out of committee at this point.

ADDENDUM TO CORPORATE SERVICES REPORT

Purchase of Olympic Torch

It was agreed to purchase an Olympic Torch for display in the Council offices.

Tender Exercise – Electricity

It was agreed to appoint Energia as the supplier of non-half hourly metered electricity and Power NI as supplier of half hourly.

After discussion,

Councillor D McAllister proposed,

10 27th February 2012 Seconded by Councillor McIlroy and resolved, “That the Corporate Services Report be adopted.”

TECHNICAL SERVICES INTERIM REPORT

The Technical Services Interim Report, having been circulated, was taken as read.

Tender Report – Mill Street Car Park

It was agreed to appoint the lowest tender Patrick Bradley Ltd for the sum of £31,307.50 for Mill Street Car Park.

12/10:11 NOMINATIONS FOR CAUSEWAY COAST & GLENS HERITAGE TRUST TO REPLACE COUNCILLOR McCAMBRIDGE

After discussion,

Councillor P McShane proposed, Seconded by Councillor M A McKillop and resolved, “That Councillor Hunter be nominated to replace Councillor C McCambridge on the Causeway Coast & Glens Heritage Trust Committee.”

12/10:12 PROPOSE COUNCIL HOST A RECEPTION IN RECOGNITION OF MR CROSS, KNOCKMOY FOLD, CUSHENDALL (Requested by Councillor M A McKillop)

It was agreed to host a reception at the Council offices on 16th April at 6.00pm for Mr Cross, Knockmoy Fold, Cushendall for his walk in aid of Action Cancer.

12/10:13 RESOLUTION – WE CALL ON MOYLE DISTRICT COUNCIL TO REVOKE AND TOTALLY DISASSOCIATE FROM THE PROPOSED TWINNING ARRANGEMENT WITH GAZA WHICH WAS SUPPORTED BY A NARROW MAJORITY OF COUNCILLORS ON 12 MARCH 2012 (Requested by Councillor Baird)

Reference was made to the decision on Gaza at the council meeting on 12th March 2012.

After discussion,

Councillor Baird proposed, Seconded by Councillor McKillop , “That the Council revoke and totally disassociate from the proposed twinning arrangement with Gaza which was supported by a narrow majority of councillors on 12 March 2012”.

11 27th February 2012 A recorded vote was requested by Councillor McDonnell.

On a recorded vote being taken Councillors Baird, Graham, Hunter, D McAllister, McDonnell, McIlroy and S McKillop voted in favour and Councillors Cunningham, N McAllister, McCambridge, C McShane, P McShane, M A McKillop and Thompson voted against. The Chairman using his casting vote, voted against the proposal which was lost.

Councillor Baird requested that it be recorded that the Chairman had used is casting vote on each proposal in this matter.

After discussion,

Councillor Baird proposed, Seconded by Councillor S McKillop and resolved “That an Equality Impact Assessment be carried out in relation to the twinning arrangement with Gaza.

After further discussion,

Councillor Thompson proposed, Seconded by M A McKillop, “That Gaza Twinning be left off the agenda for one year, to allow the Antrim to Gaza group to implement the project.”

It was agreed that this issue would be discussed at the next meeting under the item on the agenda Standing Orders.

12/10:14 REVIEW THE GOOD RELATIONS POST (Requested by Councillor Graham)

After discussion,

Councillor McCambridge proposed, Seconded by Councillor Thompson and resolved, “That the meeting continue in committee at this point.”

After further discussion,

Councillor S McKillop proposed, Seconded by Councillor Baird, “That Council write to Peace 3 programme seeking views regarding the twinning arrangement meeting the Good relation Strategy.”

12 27th February 2012 On a recorded vote been taken, Councillors Baird, Graham, Hunter, D McAllister, McDonnell, McIlroy and S McKillop voted in favour and Councillors Cunningham, N McAllister, McCambridge, M A McKillop, C McShane, P McShane and Thompson voted against. The Chairman using his casting vote, voted against the proposal which was lost.

12/10:15 DREDGE BALLINTOY HARBOUR (Requested by Councillor Graham

It was agreed that costs for dredging Ballintoy Harbour would be brought back to a future Council meeting.

12/10:16 ROAD SIGNAGE FOR BALLYCASTLE (Requested by Councillor Blaney)

It was agreed to defer this item to the next agenda.

12/10:17 MOTION “THAT ALL PLANNING APPLICATIONS (FULL PERMISSION, OUTLINE PERMISSION AND APPROVAL OF RESERVED MATTERS, LISTED BUILDING CONSENT ETC) ARE ACCOMPANIED BY DIGITAL PHOTOGRAPHS WHICH IDENTIFY THE LOCATION, ANY ELEVATIONS SUBJECT TO PROPOSED ALTERATION, AND ANY DWELLINGS/BUILDING PROPOSED TO BE REPLACED.” (Requested by Councillor Cunningham)

This item had been discussed earlier in the meeting.

12/10/18 CONFERENCES, COURSES

Nuclear Free Local Authorities (NFLA) All Ireland Forum Seminar. To be held at Dundalk Town Hall Council Chamber, County Louth on Friday 20 th April 2012, 10.30am – 1.30pm.

There were no nominations.

“ Moving The Nation: Working together to get more people active”. To be held in Craigavon on the 25 th April

There were no nominations.

Councillor D McAllister left the meeting at this point.

12/10:19 NOTICES OF APPLICATIONS UNDER THE LICENSING (NI) ORDER 1996 AND BETTING, GAMING, LOTTERIES AND AMUSEMENTS (NI) ORDER 1985

13 27th February 2012 There were no applications for consideration.

12/10:20 SEALING OF DOCUMENTS

There were no documents for signing and sealing.

12/10:21 CORRESPONDENCE

a) Letter dated 7 th March 2012 from the William Keown Trust regarding People Matter

This letter was noted.

b) Email dated 13 th March from Anne Donaghy, Ballymena Council regarding Local Government Contribution to the Northern Area Implementation Plan for the Compton Review

After discussion,

Councillor McCambridge proposed Seconded by Councillor N McAllister and resolved “That Councillor Cunningham be appointed as representative to attend the Local Government Contribution Meeting.”

c) Letter dated 20 th March 2012 from Mrs Rosemary Gordon regarding general state of Lower Quay Road

This letter was discussed earlier in the meeting.

Circulated on the night

International Appalachian Trail

This letter was noted.

The meeting concluded at 10:20pm

…………………………………………………….. CHAIRMAN

……………………………………………………..

14 27th February 2012 CLERK & CHIEF EXECUTIVE

15 27th February 2012