MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 11 December 2012. The meeting commenced at 6.50 pm.

Presiding: P McLean

Other Members Present: Mrs C Elattar P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde J F Kerr Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake Ms D Ní Shiadhail Miss C M Scullion G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs Audrey Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance:

1 Apologies

There were no apologies

2 Minutes

2.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor J Campbell, and

Resolved: that Minutes of the Meeting of the Council held on Tuesday, 13 November 2012 (copy previously circulated to each Member) be taken as read and signed as correct.

2.2 It was

Proposed by Councillor T J Catherwood Seconded by Councillor I P Milne, and

Resolved: that Minutes of a Special Meeting of the Council held on Tuesday, 30 October 2012 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no items as such arising out of the Minutes. He said that with regards to the Special Meeting minutes of 30 October 2012, the first item regarding InVOLve House would be considered “In Committee” – Item 13 on the Agenda.

3.2 Submitted from the Department of the Environment, Local Government Branch a copy of The Local Government (Boundaries) Order () 2012 (2012 SR No. 421) for information (copy circulated to each Member).

3.3 Good Wishes The Chairperson, Councillor P McLean, referred to the absence of the Director of Building Control who had undergone surgery and was on presently on leave. He proposed that the Council send him good wishes and a basket of fruit.

Members unanimously agreed.

3.4 Sympathy The Chairperson, Councillor P McLean referred to the number of road accident fatalities which had recently occurred in the District. He said that the Council recognised and sympathised with all who had been affected by these recent tragic accidents.

Members agreed.

4 Declarations of Interest

There were no declarations of Interest.

5 Planning 185/12/2012

In the absence of the Planning Officer, the Chairperson presented the Planning Schedule (copy previously circulated to each Member).

The Chief Executive advised that Planning Service were issue approvals and refusals and organise office meetings if requested.

5.1 New Planning Applications:

H/2011/0436/F – Lodge Renewables Approval. The Council agreed to the issue of the approval. The Chairperson pointed out that there were twenty-four objections to this application.

H/2012/0167/F – Mr Cahal McOscar Deferred for an office meeting on the request of Councillor Miss J J McPeake, Letter submitted to be forwarded to the Planning Officer.

H/2012/0241/F – Mr Don Mulholland Deferred for an office meeting on the request of Councillors J J McPeake and Miss K A Lagan. Letter to be forwarded to the Planning Officer.

H/2012/0250/F – Mullinsallagh Ltd Councillor J J McPeake reported that this application had been withdrawn.

H/2012/0279/F – Mr Joe McGillian Deferred for an office meeting on the request of Councillors B McGuigan and Miss K A Lagan. Letter submitted to be forwarded to the Planning Officer.

H/2012/0294/F – Mr Billy Crockett Approval. The Council agreed to the issue of the approval.

H/2012/0306/O – Mr Stephen Spillane Deferred for an office meeting on the request of Councillors J J McPeake and B McGuigan. Letter submitted to be forwarded to the Planning Officer.

H/2012/0326/F – Mrs Margaret Kane Approval. The Council agreed to the issue of the approval.

H/2012/0351/F – John Donnelly Deferred for an office meeting on the request of Councillor Miss K A Lagan. Letter to be forwarded to the Planning Officer.

H/2012/0357/O – Mr Peter Loughran Deferred for an office meeting on the request of Councillor Mrs K A McEldowney. Letter submitted to be forwarded to the Planning Officer.

H/2012/0371/A – Mr John Higgins Deferred for an office meeting on the request of Councillor Miss K A Lagan. Letter submitted to be forwarded to the Planning Officer.

5.1.1 Applications Deferred from Previous Meeting:

H/2011/0335/F – Lisboyan Properties Deferred for one month on the request of Councillor J J McPeake.

H/2011/0568/O – Mr Kevin O’Neill Deferred for one month on the request of Councillor J J McPeake. The Chairperson advised that there were four objections to this application

H/2011/0577/O – Mr Ronan O’Neill Deferred for one month on the request of Councillors J J McPeake and J Campbell.

H/2012/0150/F – Mr Pearce Kelly Approval. The Council agreed to the issue of the approval.

H/2012/0213/F – Ciaran O’Hagan Deferred for one month on the request of Councillor Miss K A Lagan.

5.1.2 It was

Proposed by Councillor J J McPeake Seconded by Councillor J F Kerr, and

Resolved: to adopt the Planning Schedule dated 11 December 2012 subject to the above conditions and amendments.

5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 October to 31 October 2012 (copy previously circulated to each Member).

Noted.

6 Building Control Department 210/12/2012

In the absence of the Director of Building Control, the Chief Executive presented the Building Control Department’s report for the period 1 November to 30 November 2012 (copy previously circulated to each Member).

6.1 During this period twenty applications had been recommended for approval.

A total of fifty-five applications required amending by Architects and Agents before granting approval.

6.1.1 Applications for Notices and Regularisations

During the period from 1 November to 30 November 2012 there were one Regularisation and one Notice issued.

6.1.2 Granting of Extension of Time and Cancellation of Time-lapsed Approvals

During the period from 1 November 2012 to 30 November 2012 ten applications were cancelled having gone beyond the four year expiry date and not having commenced on site.

MA/2078/0321 - Pat Dougan, 2B Rainey Street, Magherafelt – Erection of a storage building

MA/2078/0352 – R & T Nicholl, 134 Hillhead Road, – Erection of a dwelling

MA/2078/0368 – Rosemarie Mullan – 34 Broagh Road, – Erection of a dwelling

MA/2078/0372 – Knockloughrim Presbyterian Church – Erection of a choir room

MA/2078/0391 – Kevin Quinn, 17 Ballynian Lane, – Extension & Alterations to a dwelling

MA/2089/0073 – Younger Homes Ltd, 1 Hall Street, – Erection of a dwelling

MA/2112/0002 – Philip Doyle, 12 Ballymoughan Lane, Magherafelt – Erection of a dwelling

MA/2123/0007 – Kevin Doherty, 1 Fallylea Road, Maghera – Erection of a dwelling

MA/2123/0018 – Craigmore & District Community Association, 60 Tirkane Road, Maghera – Alterations to a roof

MA/2123/0065 – Peter Connery, 19 Quilly Road, – Alterations & Extension to ground floor dwelling including new roof structure to facilitate future first floor conversion.

There were no extensions of time applied for during this period.

6.1.3 Building Regulation Inspections

During the period from 1 October to 31 October 2012 thirty-five applications had commenced on site and twenty-five applications were found to be complete in accordance with Building Regulations.

There were nine new Postal Numbers and Postcodes issued for private dwellings.

During this period the department carried out three hundred and twenty-eight inspections.

6.1.4 Granting of Extension of Time and Cancellation of time lapsed Approvals

During the period from 1 November 2011 to 30 November 2011 – seven number applications were cancelled having gone beyond the 4 year expiry date and not having commenced on site.

There were no extensions of time applied for during the period.

6.1.5 Petroleum Legislation

Annual Re-Licensing Applications

During the period of this report one re-licensing inspection was carried out.

6.1.6 Entertainment Licensing

During the period of this report eleven Entertainment Licensing inspections were carried out.

6.1.7 Property Certificates

There were thirty-nine Property Certificates issued during this period.

6.1.8 On consideration it was

Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

Resolved: that the report as submitted be adopted.

7 Licences and Registrations

7.1 Entertainment Licences

Submitted the following applications for Entertainments Licences which were in order and recommended for renewal:-

E 4 The Shepherd’s Rest, 220 Sixtowns Road, – Mr Michael Doyle

E. 5 McKenna’s Bar, 35 Main Street, – Mr Bernard McKenna

E. 6 The Hogan Stand, 32 Road, Draperstown – Mr Charlie McNally

E. 9 Regans Bar, 19 Hall Street, Maghera – Mrs Karen Regan

E. 17 St Mary’s Hall, Tamlaghtduff Park, Bellaghy – Rev A Dolan PP

E. 20 The Hawthorn Inn, 54 Road, Portglenone – Mr D Gordon

E. 21 Moyola Park Golf Club, 15 Curran Road, Castledawson – Mr S Kyne

E. 22 The Market Tavern, 62 Rainey Street, Magherafelt – Mr Malachy Doris

E. 24 Magherafelt Parish Centre, 24-26 King Street, Magherafelt – Rev John Gates PP, VF

E. 25 Wolfe Tones GAC Social Club, 30 Road, Bellaghy – Mr Ryan Diamond

E. 28 Erin’s Own Lavey GAC, 56 Quarry Road, – Mr Sean McPeake

E. 29 The Corner House, 6-8 St Patrick’s Street, Draperstown – Mr Hugh McAlary

E. 30 The Market Inn, 25 St Patrick’s Street, Draperstown – Mr Maurice Regan

E. 32 Oak Leaf Restaurant, 32 Glenshane Road, Maghera – Mr James Patrick Molloy

E. 33 The Johnston Hall, Rainey Endowed School, 79 Rainey Street, Magherafelt

E. 36 Cosy Corner Bar, 68 Gulladuff Road, Magherafelt – Mr Seamus Boyle

E. 38 The Back Door Bar, 33 Lower Main Street, Maghera – Mrs Bronagh Mulholland

E. 40 Dorman’s & The Opera, 17 Queen Street, Magherafelt – Mr Henry & Mrs Teresa McGlone

E. 42 St Patrick’s College Assembly Hall, 25 Road, Maghera

E. 43 Downey’s Bar, 26-28 Queen Street, Magherafelt – Mr Henry Downey

E. 47 St Oliver Plunketts GAC Pavilion, 231 Mayogall Road, Clady – Mr Paul Bradley

E. 49 Walsh’s Hotel, 53 Main Street, Maghera – Mr Kieran Bradley

E. 56 McAllisters’ Bar and Lounge, 76b Sixtowns Road, Draperstown – Mr Peter McAllister

E. 57 The Dugout, 94 Main Street, Maghera – Mr Michael Bradley

E. 59 The Flax Inn, 27 King Street, Magherafelt – Mrs Rosemary O’Kane

E. 63 The Linenhall Centre, 67 Kilrea Road, Upperlands – Mrs Mary Rose O’Kane

E. 71 Union Road Presbyterian Church, Garden Street Hall, Magherafelt – Mr Brian Anderson

E. 88 McMaster’s Bar, 27 Main Street, Maghera – Mary O’Kane & Anne Marie Crawford

E. 90 Mr Colm’s High School, 2 Magherafelt Road, Draperstown – Mrs Roisin McKenna

E.110 McKenna’s Bar 1908 Ltd, 2-4 Glen Road, Maghera – Mr Bernard McKenna

E.120 Rafters Bar, 2-4 Kilrea Road, – Mr Dermot Friel

E.122 The Parish Centre, 153a Aughrim Road, Toomebridge – Rev John Fox, PP

E.126 The Elk Bar, 38-40 Hillhead Road, Castledawson – Creagh Concrete Products Ltd

7.1.1 It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor B McGuigan, and

Resolved: to grant the renewal of the Entertainments Licence applications as submitted, subject to the applications from Walsh’s Hotel and The Elk Bar receiving satisfactory reports from the Police.

7.2 Grant of Entertainment Licences

Submitted the following applications for Entertainments Licences which were in order and recommended for granting:-

E. 35 Oliver Plunkett Hall, 232 Mayogall Road, Clady – Bann Valley Community Group

E. 50 The Old Thatch Inn, 116 Hillhead Road, Castledawson – C & A Diamond

E. 61 Kearney’s Bar, 79-81 Main Street, Maghera – Mr James Kearney

E. 67 The Tower (Watty Grahams GAC), 49 St Lurach’s Road, Maghera – Mr Patrick Molloy

7.2.1 It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and and

Resolved: to grant the Entertainment Licence applications as submitted.

7.3 Variation of Hours for Entertainment Licences

The Chief Executive advised that three applications had been received requesting extensions to their Entertainment Licences by one hour.

It was agreed that this matter would be taken “In Committee”.

7.4 Street Trading Licences

Submitted the following applications for Street Trading Licences which were in order and recommended for renewal:

ST.2 Pastor Hugh D Creelman, 186a Portglenone Road, Randalstown – Central Reservation, Market Square, Magherafelt

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

ST.35 Mr Roland McKelvey, 36 Longfield Road, Lay-by on Desertmartin/ Road, Desertmartin

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

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

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

M.3 Mr Syd Bruce, 11 Knockeen Crescent, Ballymena Clady, , Bellaghy, Castledawson, Magherafelt & Maghera

7.4.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and

Resolved: to grant the renewal of Street Trading Licences as submitted.

7.5 Amusement Permits

Submitted an application for the renewal of an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise:-

A.4 Kathleen McMullin – 69 Kilrea Road, Upperlands

7.5.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that the application for renewal as submitted be granted.

7.5.2 Submitted a further application for the renewal of an Amusement Permit which was in order and recommended for renewal pending a favourable Police report:

A.7 Stoney Fall – 15-25 Queen Street, Magherafelt – Teresa McGlone

7.5.3 It was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that the application for renewal as submitted be granted subject to a favourable Police report.

7.6 Licensing Northern Ireland Order 1996

7.6.1 Notice for Application for an Occasional Licence

Submitted Notice of Application for an Occasional Licence under the Licensing Northern Ireland Order 1996 for information:-

Kevin McLaughlin, Greenlough GAC, 46 Road, Portglenone

Noted.

7.6.2 Notice for Application for an Additional Permitted Hours – Liquor Licence

Submitted Notice of Application for an Additional Permitted Hours Liquor Licence for information:-

James Kearney, premises at Main Street, Maghera.

Noted.

8 Environmental Health Department 196/12/2012

Mr M. Young, Director of Environmental Health submitted the report for the month of November 2012 (copy previously circulated to each Member).

8.1 The Hairdressers Act (NI) 1939

It was

Proposed by Councillor B McGuigan Seconded by Councillor J F Kerr, and

Resolved: that the premises at 43A High Street, Draperstown operated by Serena Bradley is registered under the Hairdressers Act (N.I.) 1939.

8.2 Welfare of Animals Act (NI) 2011

It was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that Council adopt the terms of agreement as detailed in the report with regards to the operation of the joint committee to support the implementation of the Welfare of Animals Act (N.I.) 2011, in conjunction with the other nine constituent Councils of the Northern Group Environmental Health Committee.

8.3 It was

Proposed by Councillor J Crawford Seconded by Councillor J F Kerr, and

Resolved: that Council adopt the remainder of the report which was for information.

8.4 Mr Young sought the permission of the Chair to introduce a late item. The Chairperson agreed.

8.5 Regulation (EC) No 853/2004 laying down specific hygiene rules for food of animal origin

A visit had been carried out to premises at McAtamney’s Gourmet Kitchen, Unit 7, 23 Ballymacombs Road, Portglenone (details circulated to each Member) and it was recommended that a conditional approval be granted in accordance with Article 31(2)(d) of the Regulation. Mr Young said that a secondary inspection would be undertaken in three months to establish full compliance.

8.5.1 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J F Kerr, and

Resolved: that McAtamney’s Gourmet Kitchen. 23 Ballymacombs Road, Portglenone be granted conditional approval under Article 31(2)(d) of Regulation (EC) No 853/2004.

9 Policy and Development Department

Mrs Anne-Marie Campbell, Director of Policy and Development submitted two items for consideration, report circulated to each Member.

9.1 Economic Development

9.1.1 Queen Street Revitalisation Project

Following discussion it was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Campbell, and

Resolved: that Council award grants to the following applicants as follows:-

Property Amount approved 16 Queen Street £4,900 44 Queen Street £3,800 TOTAL £8,700

9.1.2 North West Construction Network Programme

Following discussion it was

Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor J F Kerr, and

Resolved: Not to award the contract to The Workspace Group as it failed to meet the quality threshold of 65. It was also agreed that further advice is sought from the North West Cross Border Group and SEUPB on how to progress the project.

10 Payment of Accounts 12/2012

10.1 Submitted Statement of Expenditure setting out payments to be made during the month of December 2012 (copy circulated to each Member). The statement made provision for £925,530.91 out of the Revenue Account and £nil out of the Capital Account.

10.2 It was

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

Resolved: to approve the Statement of Accounts as submitted.

11 Conferences and Courses

Consideration was given to nominating delegates to attend -

11.1 Northern Ireland Waste Conference to be held on Wednesday, 6 February 2013 at Titanic, . The conference delegate fee is £175 plus VAT = £210. Details circulated to each Member.

11.1.2 Following discussion, it was

Proposed by Councillor J Campbell Seconded by Councillor G C Shiels, and

Resolved: that the Director of Operations, Mr Andrew Cassells and Councillor Miss K A Lagan attends the conference on Wednesday, 6 February 2013.

11.2 Local Government Reform Communication Matters Seminar to be held on Thursday, 17 January 2013 at Craigavon Civic Centre from 9.00 am to 12.30 pm. Details circulated to each Member.

11.2.1 Following discussion it was agreed not to nominate.

12 Consultation Documents

Submitted the following consultation documents:

12.1 Consultation on Permitted Development and Agricultural Buildings issued by the Department of the Environment Planning Policy Division seeking comments by 18 January 2013.

12.2 Consultation on new Draft Autism Strategy aimed at achieving improved outcomes, services and support for people with autism, their families and carers seeking comments by 15 March 2013.

12.3 Consultation letter on behalf of a range of health and Social Care in Northern Ireland that are required to produce Disability Action Plans intended for submission to the Equality Commission Northern Ireland in April 2013 (copy previously circulated to each Member).

12.4 Councillor I P Milne requested that the Council Officers draft a response to the consultation on the new Draft Autism Strategy as the Mid Ulster Branch of Autism NI was very active in the local area.

12.4.1 Members agreed.

12.5 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned

13 Roads Service

Adoption of Private Streets (Northern Ireland) Order 1980

Submitted a letter in connection with the adoption of street works at Scutcher’s Lane, Tobermore Road, Draperstown – Stages O & 1 (copy and details previously circulated to each Member).

Noted.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

14 Pitch at Maghera Leisure Centre

This item was taken “In Committee”.

15 Contribution - InVOLve

This item was taken “In Committee”

16 Staff Matters

This item was taken “In Committee”.

17 Legal Matters

This item was taken “In Committee”.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and

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

18 Sealing of Documents

The seal of the Council is hereby affixed to the following document:

Grant of Right of Burial to Mr James Evans of 27 Ballyronan Road, Magherafelt BT45 6BS, Father-in-law and Grandfather of Mr Colin Doherty and Miss Hannah Doherty (deceased) – Plot A134.

19 For the Information of Members

19.1 The following items were submitted for the information of Members:-

(a) Minutes of the Sixty-Fourth Trust Board Meeting of the Northern Health and Social Care Trust held on Thursday, 25 October 2012. (b) Minutes of the North Eastern Education and Library Board held on Tuesday, 30 October 2012. (c) Minutes of Meetings of the North Eastern Group Building Control Committee held on Wednesday, 5 September 2012. (d) Copy of NILGA’s information bulletin – 3 December 2012 (copy previously circulated to each Member).

The meeting concluded at 7.50 pm

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)