MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 11 April 2006. The meeting commenced at 7.30 pm.

Presiding J F Kerr

Other Members Present P McLean P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Miss K A Lagan Mrs K A McEldowney J J McPeake I P Milne 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 Bodies in Attendance Mrs D McShane - Planning Officer, DoE Planning Service Ms J McCurdy – Planning Officer, DoE Planning Service Mr C McCarney – Magherafelt Area Partnership (Item 15)

1 MINUTES

1.1 It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and unanimously

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 14 March 2006 (copy circulated to each Member), be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

The Chief Executive stated that there were no matters as such arising out of the Minutes.

2 2.1 Submitted a letter of acknowledgement from the Assistant Private Secretary to the Taoiseach to the Council’s recent resolution stating that it would be brought to the Taoiseach’s attention as soon as possible.

Noted.

2.2 Submitted a letter of acknowledgement from the Divisional Roads Manager’s office to the Council’s recent resolution on Hall Lane, Mayogall Road and stating that the matter was receiving attention.

Noted.

2.3 Submitted letter dated 16 March 2006 from the Department of the Environment, Driver, Vehicle and Operator Policy Branch stating that the consultation period for the Proposal to Introduce Flexibly Routed Bus Services – Demand Responsive Bus Services had ended. It went on to say that on considering all the responses received, the Department had decided to proceed with the introduction of a new licensing category to facilitate these services. In the consultation paper it stated “each passenger journey will not exceed 30 miles, when measured in a straight line between pick up and set down points”. This had now been changed to 15 miles to correspond with GB flexible services and to protect existing stage carriage services.

Noted.

3 SYMPATHY

The Chairman, Councillor J F Kerr referred to the recent death of Mrs Kathy McCloy’s father Mr Pat Shaw. As Mrs McCloy was a District Environmental Health Officer employed by the Council, he suggested that a message of sympathy be sent to her and her family at this sad time.

3.1 Accordingly, it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J Campbell, and

RESOLVED: that the Council send a message of sympathy to Mrs McCloy on the death of her father.

4. CONGRATULATIONS

Councillor J Campbell referred to the success on Saturday past when the Rainey Old Boys’ Rugby Team won the All-Ireland Junior Cup. He spoke of their achievement and the honour it brought to Magherafelt.

4.1 It was

PROPOSED by Councillor J Campbell Seconded by Councillor O T Hughes, and

RESOLVED: that the Council host a Civic Reception for the Rainey Old Boys’ Rugby Team to mark their recent achievement.

3

5 BUILDING CONTROL DEPARTMENT 210/4/2006

The Director of Building Control presented the Department’s report for the period from 8 March to 4 April 2006 (copy circulated to each Member).

During the period of the report thirty-four applications had been recommended for approval. A total of eighty-one applications required amending by architects and agents before granting approval. There were 9 Notices issued.

During this period there was one cancellation - MA/2023/0448– Mrs Margaret Colgan, 3 O’Hara Road, Maghera – Extension to dwelling.

There were no extensions of time issued for this period. There were no rejections.

There were 65 Property Certificates issued for this period.

Fifty-five applications had commenced on site and thirty-two applications were found to be complete in accordance with Building Regulations.

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

5.1 On consideration it was

PROPOSED by Councillor G C Shiels Seconded by Councillor T J Catherwood, and

RESOLVED: to adopt the report as submitted.

6 NAMING AND NUMBERING OF STREETS PN136/137/2/2006

Consideration was given to the naming and numbering of:

6.1 A new development of eight houses at Desertmartin Road, Tobermore for P K Bradley Ltd. The names suggested by the developer were Beech Hill Court and Mill Court.

6.1.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P McLean, and

RESOLVED: that the new development at Desertmartin Road, Tobermore be named ‘Beech Hill Court’.

6.2 Two Industrial Units at 35 Aughrim Road, Magherafelt BT45 6BB for Mr Pat Keenan. The name suggested was Opus Business Park.

6.2.1 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the two industrial units at 35 Aughrim Road, Magherafelt BT45 6BB be named ‘Opus Business Park’.

4 7 LICENCES/REGISTRATIONS

7.1 Entertainment Licences:

Submitted the following application for an Entertainment Licence which was in order and recommended for renewal:

E. 29 Talk of the Town Mr Vincent Hurl, 6-8 St Patrick’s Street, Draperstown

7.1.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor J J McPeake, and

RESOLVED: that the application as submitted be renewed.

7.2 Street Trading Licences:

Submitted the following application for a Street Trading Licence which was in order and recommended for renewal:

ST 8 Mr Alan Coffey, 39A Cloughey Road, Portavogie North side of St Patrick’s Street, Draperstown

7.2.1 On consideration it was

PROPOSED by Councillor P E Groogan, Seconded by Councillor P McLean, and

RESOLVED: that the application as submitted be renewed.

7.3 Petroleum Licences:

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

P. 01 S H Watterson (Engineering) Ltd, 80 Aughrim Road, Magherafelt - Ms Joanne Donnelly

P. 28 O’Kane Cars Ltd, 150 Hillhead Road, Castledawson – Mr J O’Kane

P. 33 Burmagh Service Station, 46 Magherafelt Road, Draperstown – Mr P McEldowney

P. 34 Caldwell’s Filling Station, 191 Hillhead Road, Castledawson – R & J Caldwell

P. 37 Heron Bros, 2 St Patrick’s Street, Draperstown – Messrs Heron Bros

P. 58 McSorley Bros, 8 Tobermore Road, Draperstown – Mr Eugene Clarke

P. 75 Stockman’s Filling Station, 10 Maghera Road, Tobermore – Mr H Marshall

5

P. 81 Straw Service Station, 76 Sixtowns Road, Draperstown – Mr P McKenna

P. 90 Newbridge Stores, 37 Blackpark Road, Toomebridge – Mr Paul Martin

P.100 Glenshane Tourist Services, 31 Glenshane Road, Maghera – Mr J Molloy

7.3.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor P McLean, and

RESOLVED: that the applications as submitted be renewed.

7.4 Bookmaker’s Licence:

Submitted for information, an application for the renewal of a Bookmaker’s Licence:

John D Rainey, 4-8 Main Street, Maghera

It was reported that the premises had been inspected and found to be satisfactory and that sufficient sanitary accommodation was provided.

Noted.

7.5 Application E. 46:

The Chief Executive advised that another Entertainments Licence had been received from Dorman’s Poker Club, 18-20 Queen Street Magherafelt, which was recommended for approval subject to a Completion Certificate of Electrics and a satisfactory Fire Report being submitted.

7.5.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: that the application as submitted be approved subject to the submission of a Completion Certificate of Electrics and a satisfactory Fire Report.

7.6 Amusement Permit:

Submitted a further application from Dorman’s Poker Club, 18-20 Queen Street, Magherafelt for an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 which was recommended for granting.

7.6.1 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor O T Hughes, and

RESOLVED: that the application as submitted be granted.

6 7.7 Application E.126 - Variation of an Entertainment Licence:

Submitted the following application for a Variation of an Entertainment Licence:

E.126 The Elk, 38-40 Hillhead Road, Toomebridge.

The Chief Executive advised that it had been recommended that consideration of this licence be adjourned for 1 month at the request of the PSNI.

7.7.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P McLean, and

RESOLVED: that consideration of this application be deferred for one month as requested by the PSNI.

8 PLANNING SERVICE 185/4/2006

8.1 Ms Denise McShane introduced Ms Julie McCurdy to Members and explained that she was also a Planning Officer for the Magherafelt Council area and could in the future be presenting the report.

Submitted the Divisional Planning Manager’s report dated 11 April 2006 (copy circulated to each Member).

8.2 New Applications:

H/2004/1214/O – C Scullin Approval

H/2004/1290/O – Mr A O’Boyle Approval

H/2004/1556/F – Mr J Kealey Approval.

H/2005/0377/O – Mr G Watt Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor P McLean – Criterion 5.

H/2005/0378/O – Mr G Watt Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor P McLean – Criterion 5.

H/2005/0379/O – Mr G Watt Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor P McLean – Criterion 5.

H/2005/0380/O – Mr G Watt Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor P McLean – Criterion 5.

H/2005/0567/O – Mr M McEldowney Approval

7 H/2005/0577/O – Mr K Hawe Approval

H/2005/0739/F – Creagh Concrete Products Ltd Approval

H/2005/0751/F – M Boyle & P Devlin Approval

H/2005/0798/RM – Mr C Kelly Approval

H/2005/0804/O – Mr B Reid Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

H/2005/0807/O – Ms M McGlone Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5

H/2005/0837/O – R Linton Approval.

H/2005/0841/F – Mr M Stewart Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

H/2005/0858/F – N M Developments Approval.

H/2005/0938/F – Mr J O’Connor Approval

H/2005/0947/RM – Mr P Kearney Approval.

H/2005/0957/F – Mr S Convery Approval

H/2005/0971/F – Mr C Convery Approval

H/2005/0983/F – Mr D Houston Approval. Councillor G C Shiels asked the Planning Officer about the ridge height and the associated conditions for this development. The Planning Officer promised to contact the Councillor on these matters.

H/2005/1005/F – Mrs M Maguire Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1006/F – Blackwater Properties Approval.

H/2005/1013/F – Mrs M Clarke Approval

8 H/2005/1014/F – Mr & Mrs M Rankin Deferred. Councillor P McLean requested an office meeting on behalf of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/1015/O – Mr & Mrs Love Deferred for an office meeting on the request of Councillor G C Shiels – Criterion 5

H/2005/1016/O – Mr & Mrs Love Deferred for an office meeting on the request of Councillor G C Shiels – Criterion 5

H/2005/1017/O – Mr & Mrs Love Deferred for an office meeting on the request of Councillor G C Shiels – Criterion 5

H/2005/1018/O – Mr & Mrs Love Deferred for an office meeting on the request of Councillor G C Shiels – Criterion 5

H/2005/1021/O – Mr Regan Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1046/O – Mr J McPeake Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1047/RM – Mr C Smith Approval

H/2005/1050/RM – Mr B O’Kane Approval

H/2005/1054/F – Northern Ireland Electricity Approval

H/2005/1055/F – Northern Ireland Electricity Approval

H/2005/1079/RM – Dr A McKay Approval

H/2005/1128/RM – A Moore Approval

H/2005/1154/O – Mr & Mrs S Quinn Approval

H/2005/1155/O – E & C Johnstone Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/1158/F – Mrs M Woods Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor Miss K A Lagan

H/2005/1163/F – Mr S Murphy Approval

9 H/2005/1164/O – Mr B Carmichael Deferred. Councillor P McLean requested an office meeting on behalf of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/1165/O – Mr P O’Kane Deferred for an office meeting on the request of Councillors Miss K A Lagan and J J McPeake – Criterion 5

H/2005/1173/RM – Mr F Donnelly Approval

H/2005/1176/F – Mr E Lupari Approval

H/2005/1179/F – Mr P Whyte Approval

H/2005/1183/O – K McKeever Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5

H/2005/1188/F – Mr & Mrs P & P O’Neill Approval

H/2005/1190/F – Heron Bros Ltd Approval

H/2005/1192/RM – Mr D Bradley Approval

H/2005/1195/F – Mr Johnston Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/1198/O – Mrs Jamison Approval

H/2005/1199/F- Mr Marron Deferred for an office meeting on the request of Councillor J Campbell and Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/1200/O – Mr & Mrs Ashley Sands Approval

H/2005/1204/F – Mr G Convery Approval

H/2005/1217/F – Mrs J Averall Approval

H/2005/1229/F – Mr B McAuley Approval

H/2005/1233/F – Ms M Quinn Approval

10 H/2005/1239/RM – Mr W Paul Approval

H/2005/1242/O – Mr I Porter Deferred for an office meeting on the request of Councillors T J Catherwood and G C Shiels – Criterion 5

H/2005/1251/O – Mrs A McCloy Approval

H/2005/1256/F – Mr D Brown Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/1257/O – Mr S McCusker Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor J J McPeake – Criterion 5

H/2005/1261/RM – Mr E McEldowney Approval

H/2005/1267/F – Mr D Pickering Approval

H/2005/1285/F – Northern Ireland Electricity Approval

H/2005/1287/F – Mr T Mooney Approval

H/2005/1302/RM – Mr J McAuley Approval

H/2005/1306/O – Mr S J Spillane Deferred for an office meeting on the request of Councillor P E Groogan – Criterion 5

H/2005/1307/F – Mr G Lupari Approval

H/2005/1310/RM – Mr & Mrs J McKee Approval

H/2006/0002/O – Mr S Gribben Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5

H/2006/0011/RM – Mr S McEldowney Approval

H/2006/0013/O – Mr S Bruce Deferred. Councillor P McLean requested an office meeting on behalf of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2006/0016/F – Mr A Smyth Deferred for an office meeting on the request of Councillors G C Shiels and Rev Dr R T Wm McCrea – Criterion 5

11 H/2006/0017/O – A Brown Approval

H/2006/0019/RM – Mr D McGuckin Approval

H/2006/0024/RM – Mr H McKenna Approval

H/2006/0025/O – Mr C J Convery Approval

H/2006/0026/F – Mr S Laverty Approval

H/2006/0029/F – Mr S McGrath Approval

H/2006/0032/RM – McG Contracts Ltd Approval

H/2006/0033/O – St John’s Parish Church, Moneymore Deferred. Councillor P McLean requested an office meeting on behalf of Councillor Rev Dr R T Wm McCrea – Criterion 5 The Planning Officer advised that there was also a Roads Service refusal to be added to the list of reasons for refusal.

H/2006/0034/O – Mr J Kyle Approval

H/2006/0035/F – Mr S O’Neill Approval

H/2006/0040/O – Mr K Higgins Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5

H/2006/0046/F – Mr P Bateson Councillor O T Hughes requested an office meeting. The Planning Officer noted that the Council did not normally request an office meeting for an application when the only reason for refusal was in relation to DMAP.

Councillor O T Hughes stated that this application had already been approved for outline permission and asked the Planning Officer how this applicant could proceed in the light of full permission being refused.

The Planning Officer advised that the applicant would be required to submit an application for Reserved Matters, or make amendments to the scheme which would adhere strictly to the conditions of the Outline Permission.

Councillor P J Bateson declared an interest in this application.

H/2006/0047/RM – Mr E Hamilton Approval

H/2006/0053/O – Mr F Convery Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

12 H/2006/0054/F – Mr J McKenna Approval

H/2006/0056/O – Mr M Moody Approval

H/2006/0057/F – Mr J McKenna Approval

H/2006/0058/F – Mr G Gribben Approval

H/2006/0060/F – Mr W B Gordon Approval

H/2006/0065/RM – Mr G Convery Approval

H/2006/0068/F – M Gibson Approval

H/2006/0070/F – Mr P Diamond Approval

H/2006/0073/RM – Mr R McCrystal Approval

H/2006/0079/F – Mr C O’Hagan Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2006/0084/F – Mr S Campbell – Rural College Approval

H/2006/0086/F – Northern Ireland Electricity Approval

H/2006/0090/F – Mr N Wilson Approval

H/2006/0092/F – Miss M Johnston Approval

H/2006/0094/F – Mr C Bolton Approval

H/2006/0096/F – Mr & Mrs C Armstrong Approval

H/2006/0102/F – Northern Ireland Electricity Approval

H/2006/0106/F – Mr Duggan Approval

H/2006/0107/RM – Mr G Neall Approval

13 H/2006/0115/F – Northern Ireland Electricity Approval

H/2006/0119/O – Mr Caulfield Approval

H/2006/0136/F – Mrs Bigger Approval

H/2006/0150/O – Mr McErlain Refusal. Councillor P McLean requested that in the event of this application proceeding to a Planning Appeal the Council give its full support. This was agreed to.

H/2006/0151/F – Mr E Donnelly Approval

H/2006/0161/F – Mr G Fullen Approval

Applications Deferred from Previous Meeting:

Councillor J J McPeake enquired about Application H/2003/0469/F for Mr T O’Kane and asked why it had not appeared on the Planning Schedule. He reminded the Planning Officer that the Council’s decision at the previous meeting had been that the application be deferred for one month in order that a meeting could be arranged with the objectors on the understanding that if the meeting did not identify any new substantive issues of concern, the application would be referred back to the Council with a recommendation to approve at the next meeting.

The Planning Officer explained that under the new arrangement there had been insufficient time between the Council Meeting and the issue of the next schedule, to organise a meeting with the objectors.

After some discussion it was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the Planning Service be given authority, if it was of the mind to give an approval, to issue it without bringing the application back to Council.

H/2003/0820/O – Mrs I Glendinning The Planning Officer stated that this application was being withdrawn in order to facilitate further clarification.

Councillor O T Hughes requested that the Planning Service issue an approval, if it was of a mind to do so, without bringing the application back to Council.

Councillor P McLean objected and asked for the application to be deferred for a month to enable the objectors to make further representation. He said that he felt that all the objections had not been addressed fully and that legal action was being implicated.

Councillor G C Shiels stated that in the past the Council had not gone ahead with an application if legal proceedings were likely to be implicated.

14 Councillor J J McPeake enquired if this was a legitimate challenge.

Councillor McLean explained that solicitors were involved because of landownership problems and it was not the people who owned either side of the laneway but the owner of the middle section that had not been sorted out and he was not convinced that the Planning Service fully understood the situation and had taken it into consideration.

Councillor McPeake in reply stated that a legal challenge could go ahead at any stage of the planning process.

Councillor McLean again stressed the need for the application to be deferred for one month.

The Chairman, Councillor J F Kerr pointed out that if this happened, the Planners might change their minds.

It was then

PROPOSED by Councillor O T Hughes Seconded by Councillor J J McPeake

That the Planning Service be given authority, if it was of the mind to give an approval, to issue it without bringing the application back to Council.

Amendment

It was

PROPOSED by Councillor P McLean Seconded by Councillor G C Shiels

That the Council defer this application to allow one month’s grace so that the twenty- three objectors could resolve land ownership issues.

On a vote being taken on the Amendment, 7 Members voted for, 8 Members voted against, voting being by show of hands. The Chairman declared the Amendment lost.

On the motion being put to the meeting, 8 Members voted for, 5 Members voted against, 2 Members abstained, voting being by show of hands. The Chairman declared the proposal carried.

H/2003/1120/O – Mr L Bradley Approval

H/2004/0258/F – ACW Homes Ltd Approval

H/2004/0477/O – Mr C Trainor Refusal. The Council disagreed with the decision.

H/2004/0633/F – O’Loughlin Brothers Approval

15 H/2004/1044/O – Mrs M Higgins Refusal. The Council disagreed with the decision. It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor O T Hughes, and

RESOLVED: that in the event of this application proceeding to a Planning Appeal, the Council gives its full support.

H/2004/1169/O – Mr J O’Neill Refusal. The Council disagreed with the decision.

H/2004/1175/F – Mr S McCallion Refusal. The Council disagreed with the decision. It was

PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and

RESOLVED: that in the event of this application proceeding to a Planning Appeal, the Council gives its full support.

H/2004/1436/F – Mr C Kerr Approval

H/2004/1441/F – Mr D Heron Approval

H/2005/0103/RM – Mr T Rainey Approval

H/2005/0215/O – Mr J Quigg Refusal. The Council disagreed with the decision.

H/2005/0469/O – Mr M O’Kane Refusal. The Council disagreed with the decision. It was

PROPOSED by the Chairman, Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that in the event of this application proceeding to a Planning Appeal, the Council gives its full support.

H/2005/0494/F – Mr & Mrs J McGuigan Approval

H/2005/0716/O – Mrs E Morrison Refusal. The Council disagreed with the decision.

H/2005/0788/F – A Prescott Refusal. The Council disagreed with the decision

H/2005/0806/F – M & F Johnson Approval

16 8.2 The Planning Officer enquired about the venue for the next round of office meetings.

The Chief Executive asked if the Planning Office had come to a decision.

The Planning Officer said that she was looking for guidance as to whether the meetings would be held in County Hall or in the Council Offices. She said that the Planning Officers would endeavour to accommodate whatever the Council decided.

The Chairman, Councillor J F Kerr then asked if the Planning Service had decided to pay for the use of the Council’s accommodation for office meetings.

The Planning Officer replied, No.

Councillor P McLean said that whilst he had an issue with this, realistically the meetings were better being held in the Council’s administrative building.

A lengthy discussion ensued.

Councillor T J Catherwood commented that he could not understand why the Planning Service could not pay for the use of accommodation after all a small amount of £5 out of the very expensive Planning Fees paid by the applicant could be used for this purpose.

Councillor G C Shiels said that the Planning Service had become very dictatorial in what was an unprecedented situation.

Councillor J Campbell said that the whole issue of the venue being in County Hall where there was no room for parking cars and the room was too small for any more than four people in fact he considered it to be a total nonsense. The fact was that a Councillor was needed to hold an office meeting and he personally wanted the meetings to be held in the Council Offices.

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor J J McPeake

That a room be made available for the next round of planning office meetings in the Council Offices.

On a vote being taken, 10 Members voted for, 5 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

Members requested that it be recorded that Councillors had made the decision under protest and because of the situation they had been forced to do so.

8.3 Councillor T J Catherwood enquired about application H/2005/0224/O – Mr G Neely

The Planning Officer explained that she did not have a file with her but promised to contact the Councillor regarding this application.

Councillor Catherwood further requested that when the planning office meetings were being scheduled that they would endeavour to group Councillor’s meetings together. On a certain day recently he had attended the first meeting of the day and then come back for his next meeting which was the last meeting of the day.

17 8.4 The Chairman, Councillor J F Kerr enquired if the decision to hold office meetings in the Council Offices altered the arrangements to hold meetings arranged for Thursday, 13 April 2006 in County Hall.

It was agreed that office meetings scheduled for Thursday, 13 April would take place in County Hall, Ballymena.

8.5 On consideration it was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 11 April 2006, subject to the above conditions and amendments.

The Planning Officer retired from the meeting at 9.00 pm

9 ENVIRONMENTAL HEALTH DEPARTMENT 196/4/2006

Submitted report for the month of March 2006, (copy circulated to each member). The following matters were taken into consideration:

9.1 The Smoking (Northern Ireland) (Northern Ireland) Order 2006

Mr Burrows referred to this legislation which was due to come into affect by April 2007. He highlighted the timetable for the introduction of the Order and regulations, definition of smoke free premises, district councils as the enforcement authorities, the various offences and defences contained in the Order and what resources were to be provided by DHSSPS for enforcement of the Order.

A response to the consultation document prepared by the Chief Environmental Health Officers’ Group was attached in Appendix 1 of the report. Mr Burrows recommended that the Council adopt this response and notify the DHSSPS of this decision.

9.1.1 It was

PROPOSED BY Councillor T J Catherwood Seconded by Councillor Miss K A Lagan, and

RESOLVED: to adopt the response to the consultation document on the Smoking (Northern Ireland) Order 2006 contained in Appendix and forward this to DHSSPS.

9.2 HEALTH AND SAFETY

General Enforcement Policy to Comply with Mandatory HSENI Guidance

Mr Burrows recommended the Council adopt this revised enforcement policy together with the HSENI Guidelines as it contained only minor revisions to the text of the policy agreed in 2003 in order that it would comply with mandatory HSENI guidelines.

18 9.2.1 It was

PROPOSED by Councillor TJ Catherwood Seconded by Councillor KA Lagan, and

RESOLVED: to adopt this revised enforcement policy for use by staff within the Environmental Health Department in connection with enforcement duties on health and safety issues.

9.3 The Food Law Enforcement Audit

Mr Burrows informed the members that following an initial audit of the Food Service carried out on 20 June 2005 a follow-up visit had been made by staff from Northern Group Systems on 23 March 2006. The auditors found that the majority of the recommendations from the earlier report had been addressed and congratulated the department on achieving such significant improvements.

9.4 On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor S O’Neill, and

RESOLVED: that the report as submitted by adopted.

10. OPERATIONAL SERVICES DEPARTMENT 210/4/2006

Submitted report by the Director of Operations for the month of March 2006 (copy circulated to each Member).

10.1 Development Services:

10.1.1 Regional Tourism Partnerships (RTP’s)

Mr Johnston Mr Johnston advised the members that the Northern Ireland Tourist Board’s (N.I.T.B) Director of Special Projects had written to the officers of the relevant Councils to advise that he thought it might be useful, prior to the meeting of 23 March 2006, to summarise how the N.I.T.B currently view the position in respect of the proposed Western Regional Tourism Partnership. Mr Johnston advised that this letter basically stated that Peace II Funding was coming to an end in April 2006, that the N.I.T.B had been unable to source any further funding, and in the absence of any new funding to preserve the four proposed Regional Tourism Partnerships £125,000 had been allocated from the N.I.T.B’s existing budget. He stated that the members would note that these funding proposals were a significant departure from the £200,000 per year core funding promised by the N.I.T.B in the ‘Draft Action Plan’ and would leave a shortfall of £75,000 in the first year. Mr Johnston stated that the N.I.T.B’s Director of Special Projects letter was also silent on future core funding. Mr Johnston concluded this item by advising that the meeting of Thursday 23 March 2006 had went ahead and that the few Council representatives who attended had expressed concerns regarding the lack of clarity surrounding current and future funding proposals for this project.

Noted.

19 10.2 Leisure Services

General Comments

Mr Johnston advised that income for Leisure Services saw a decrease of 5% when compared with March 2005. The annual comparative analysis had however been more encouraging with income for Leisure Services in 2005/2006 increasing by 4% when compared with 2004/2005.

Noted.

10.2.1 Irish Language Exhibition

Mr Johnston advised that as part of the 100 year anniversary of the Lough Neagh Irish Language Festival, last year Carntogher Community Association had prepared a series of panels (8 in all) which depicted the fall and rise of the Irish Language in the Carntogher area. He stated that the Association would like as many pupils from as many schools as possible to view this exhibition and they were therefore asking if it could be hosted in Maghera Leisure Centre, for one week from 22 April to 29 April 2006.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J J McPeake, and

RESOLVED: that the Council would allow Carntogher Community Association to display their Irish Language Exhibition at Maghera Leisure Centre from 22 April to 29 April 2006.

10.3 Technical Services:

10.3.1 Bin Collection

Mr Johnston advised that a number of residents in Maghera who had their recycling bins rejected because of contamination were alleging that this contamination was being caused by migrant workers who were disposing of their normal refuse in their neighbours recycling bins. He stated that their investigations into this matter would suggest that the owners of the properties occupied by migrant workers were only provided with a black bin which is collected once per fortnight. This had resulted in an overspill of refuse at these premises which either ends up in another householders bin or is dumped in an alleyway, etc.

Mr Johnston reported that the Technical Services Department was currently seeking the owners of these premises, through Land Registry, to advise them that they had a duty to provide the required size, number and colour of bins; otherwise they could be prosecuted under Section 21 of the Waste and Contaminated Land (N.I) Order 1997.

Noted.

20 10.3.2 Waste Infrastructure Task Force

Mr Johnston advised that the Waste Infrastructure Task Force had now developed a package regarding the Infrastructure necessary to enable Northern Ireland meet National and European Waste Management targets up to the year 2020. To facilitate a consultation process regarding this package the Department of the Environment and NILGA were inviting 8 nominees from each of the 26 Councils to attend a meeting in the Glenavon House Hotel, Cookstown on Thursday 27 April 2006. Mr Johnston suggested that it may be appropriate for the two representatives of the North West Region Waste Management Group, together with a representative from each of the other three political parties and three officers attend this consultation meeting.

It was

PROPOSED by Councillor P McLean Seconded by Councillor G C Shiels, and

RESOLVED: that Councillors J J McPeake, P E Groogan, J Campbell, T J Catherwood and J Crawford, together with the Chief Executive, the Director of Operations and the Environmental Projects Officer would attend the Waste Infrastructure Task Force consultation meeting to be held in the Glenavon House Hotel, Cookstown on Thursday 27 April 2006.

10.3.3 Bellaghy Historical Society / Ulster in Bloom

Mr Johnston suggested that as these two items in the report were interlinked to the extent that both primarily concerned hanging baskets and therefore it may be appropriate that they be discussed as an individual item. He reported that following a number of difficulties, the Ulster in Bloom competition would take place as usual this year with completed entry forms having to be submitted before Friday 12 May 2006.

He advised that last year the Council had entered Magherafelt, Maghera, Castledawson, Tobermore, Swatragh, Upperlands, Knockloughrim, Desertmartin and Curran in this competition, and suggested that due to the lateness of this announcement it would greatly assist the Technical Services Department if the Council were to agree to enter only these towns and villages in this year’s Ulster in Bloom competition.

With regard to Bellaghy Historical Society’s request he had to advise that in his opinion it was too late to source additional plants and baskets and as the department were already stretched to the limit to accommodate the towns and villages already mentioned if Bellaghy were to be considered it would mean that a town comparative in size would have to be removed from this list. There followed an extensive discussion regarding this matter with a number of Councillors suggesting different proposals as to how this matter could be resolved. These proposals ranged from a rotating system for towns and villages to the erection of handing baskets in all towns and villages.

Councillor J Crawford claimed that Tamlaght O’Crilly was a forgotten village

Councillor I P Milne suggested that the villages entered should be rotated each year.

Mr Johnston said that the suggestion could be considered for future years.

Councillor J J McPeake suggested that the Council keep the four main towns and rotate all the others.

21 Councillor O T Hughes enquired what criteria had been used to select these villages, and was it carried out according to populations.

Councillor T J Catherwood said that was how the four main towns had been selected.

It was

PROPOSED by Councillor G C Shiels Seconded by Councillor I P Milne, and

RESOLVED: that the Council would enter Magherafelt, Maghera, Castledawson, Tobermore, Swatragh, Upperlands, Knockloughrim, Desertmartin and Curran in the 2006 Ulster in Bloom Competition. The Council would however further consider this matter and prior to next years competition would adopt a policy that was deemed to be fair to all towns and villages throughout the district.

10.3.4 Fly Tipping

Mr Johnston advised that the members would be aware that in a recent report he had advised that the Environmental and Heritage Service (EHS) were launching a national database for the reporting of fly-tipping, and that the launch of this database in the North West Region would take place on Wednesday 22 February 2006, in Coleraine Council Offices.

He confirmed that at this meeting the members/officials had expressed concerns regarding this matter, including clarity of detail, training and resource implications, and reported that the meeting had concluded that it would have been helpful if the EHS had initiated meaningful consultation before subscribing to the project. Accordingly given the concerns raised it was agreed to recommend that Council’s defer making a decision on participation in this project, basically to enable dialogue to take place to address such concerns. Mr Johnston recommended that the Council support this decision.

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor I P Milne, and

RESOLVED: that the Council would defer making a decision regarding participation in a national database for the reporting of fly-tipping to enable dialogue to take place to address a number of concerns raised by members/officials at a meeting held on Wednesday 22 February 2006, in Coleraine Council Offices.

10.3.5 Bi-Lingual Street/Road Nameplates

Mr Johnston advised that in accordance with Council’s instructions he had carried out a consultation exercise regarding the erection of bi-lingual street/road nameplates with the occupiers of premises living in the street/roads listed in his report. He stated that he had concluded this report by advising that if the Council accepted these figures as a guide, they show that an overall majority of residents living in Campbell Terrace, Draperstown, Woodland Grove, Draperstown and Tamlaghtduff Park, Bellaghy had indicated a preference for their street/road to be expressed in English and Irish, and that on the basis of this survey he was of the opinion that the Council were in a position to erect bi-lingual street/road nameplates in these areas.

22 He had however taken legal opinion regarding this matter and had been advised that if only a certain number of forms had been returned then it was in order for the Council to simply have regard to these forms as it was reasonable to assume that those people who had not returned forms did not wish to express any view on the matter. Mr Johnston stated that based on this legal opinion it was appropriate for the Council to erect bi- lingual street/road nameplates in all areas with the exception of Ballydermott Lane and Downings Road.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor O T Hughes, and

RESOLVED: that the Council would erect bi-lingual street/road nameplates in all areas, as indicated in the report, with the exception of Ballydermott Lane, Bellaghy and Downings Road, Bellaghy.

Mr Johnston stated that the members would be aware that some time ago he had been instructed by Council to seek legal opinion regarding the erection of bi-lingual town/village nameplates. He stated that he was now in receipt of this legal opinion and sought the Chairman’s permission to advise the Council on this matter.

The Chairman agreed to this request.

Mr Johnston stated that legal opinion had indicated that the Local Government (Miscellaneous Provisions) (N.I) Order 1995 empowers Councils to erect street/road nameplates in any other language in addition to English. The definition of a street under this legislation does not however include town/village nameplates and to date he had been unable to source any legislation which empowers Council to erect Village or Town names in other languages. The Council could argue that it has an implied authority to erect village and town names in languages other than English following a resolution by the Council, however this may be academic as the Council would first have to obtain planning permission before any such signs could be erected. It was by no means certain that this planning permission would be granted.

There followed an extensive discussion regarding this matter with a number of members indicating that other Councils were currently erecting bi-lingual town/village name plates.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor O T Hughes, and

RESOLVED: that the officers would consult with other Councils regarding the erection of town/village nameplates, following which they would seek further legal opinion regarding this matter.

10.3.6 Spring Clean 2006

Mr Johnston advised that the annual Spring Clean had become a very important event in many of the local schools and that each year the Council had offered a cash incentive to each school that had taken part in this event.

23 He was therefore recommending that the Council continue to support this very worthwhile project by offering £30 to each school that takes part in the event and £0.50 for every bag of rubbish collected. Mr Johnston advised that the officers would also like to extend the Spring Clean to local community groups, housing associations, etc. He was therefore recommending that the Council extend the event to include other interested groups.

It was

PROPOSED by Councillor P McLean Seconded by Councillor P E Groogan, and

RESOLVED: that the Council would again support the annual Spring Clean 2006 by offering £30 to each school that takes part in the event and 50 pence for every bag of rubbish collected, and would also extend the event to include other interested groups.

10.3.7 Paint Disposal at Civic Amenity Sites

Mr Johnston advised that to date the Council had always accepted paint from domestic premises at their Civic Amenity sites for disposal and that in the past this paint was disposed of co-mingled along with other non-hazardous municipal waste sent to landfill. He advised that with the introduction of the European Landfill Directive which banned the co-disposal of hazardous and non-hazardous wastes this practice was no longer acceptable and that the Council had to either cease to accept paint at their civic amenity sites or source a new form of disposal.

He advised that Atlas Environmental, who already takes the Council’s waste oil, oil filters, batteries and cooking oil, etc had presented the Council with a proposal to dispose of waste paint and that this proposal would comply with the Hazardous Waste Regulations (N.I) 2005 and the European Landfill Directive. It would involve Atlas providing the Council with 600 litre paint boxes in which pots of paint could be stored until they could be collected and removed for recycling or disposal in a licensed hazardous waste site. He advised that the cost for the collection and disposal of each box was £185.00 + VAT.

Mr Johnston advised that at present he have no idea just how much paint there was in the waste stream, however he believed it would be wrong to remove the service completely so therefore he was recommending that the Council should pilot the scheme proposed by Atlas Environment for the disposal of paint from private households, for a few months to allow the officers to assess how much paint there was in the waste stream and the true costs of disposing of it in this way.

It was

PROPOSED by Councillor O T Hughes, Seconded by Councillor P E Groogan, and

RESOLVED: that the Council would pilot the scheme proposed by Atlas Environmental for the disposal of paint from private households, for a few months, to allow the officers to assess how much paint there was in the waste stream and the true costs of disposing of it in this way.

24 10.3.8 Proposal for the Development of the Seefin Walk, Maghera

Mr Johnston advised the members that Carntogher Community Association had submitted a proposal to develop a new 7km looped walk at Seefin Hill, Ballyknock, Maghera, a facility which could be used both as a recreational walk and as an educational resource. He stated that the cost of developing this walk had been estimated at approximately £22,000 and it would seem that to finance his project Carntogher Development Association were currently investigating all possible sources of funding, one of which was the Council’s Landfill Tax Credits Scheme. Mr Johnston stated that in his opinion this proposal had potential and therefore he sought the Council’s approval to meet with representatives of the Carntogher Community Association to discuss this matter.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: that the Council would authorise the Officers to enter into discussions with Carntogher Community Association to discuss the development of a 7km route walk at Seefin Hill, Ballyknock, Maghera.

10.3.9 Waste Management Plan 2006 – 2020 Public Consultation

Mr Johnston advised the members of the actions and initiatives that had taken place throughout the North West Region Waste Management Group as part of the groups public consultation process into the new Draft Waste Management Plan, for 2006 – 2020, and also advised of the additional measures taken by Magherafelt District Council in order to ensure that the public had been made aware of the consultation process. Mr Johnston stated that despite all the actions and initiatives taken by the Council and the North West Region Waste Management Group to promote the public meetings and encourage members of the public to come along and have their say, only a small number of local residents actually attended the meeting held in the Bridewell on Wednesday 29 March 2006. He reported that those present had however became involved in an open and frank discussion and made some excellent points and suggestions.

Noted.

10.4 It was

PROPOSED by Councillor Seconded by Councillor

RESOLVED: that the report as submitted by adopted.

11 PAYMENT OF ACCOUNTS 4/2006

Submitted Statement of Expenditure setting out payments to be made during the month of April 2006 (copy circulated to each Member).

11.1 The schedule provided for £692,148.77 out of the Revenue Account and £400,025.32 out of the Capital Account.

25 11.1.1 On consideration it was

PROPOSED by Councillor T J Catherwood Seconded by Councillor Miss K A Lagan, and

RESOLVED: to approve the Statement of Accounts as submitted for March 2006.

12 TENDERS

Submitted Tenders for the supply and delivery of 2 No one-person operated refuse collection vehicles (copy circulated to each Member).

12.1 Mr Johnston stated that the members would be aware that the Council were currently reviewing its refuse collection routes, and reported that were now fairly advanced in this project, to a point where it has been established that the most efficient way to operate the service in rural areas was the introduction of the two ‘one person operated’ refuse collection vehicles. The review of the routes had also suggested that it would be necessary to introduce an additional brown wheel-bin refuse collection vehicle, and therefore as the Council’s present ‘one person operated’ refuse collection vehicle was due for replacement he was of the opinion that now was an opportune time to introduce these two new vehicles.

12.2 On the basis of these facts and findings he had invited competent firms to tender for the supply and delivery of two new ‘one person operated’ refuse collection vehicles. He reported that by the closing date for the return of tenders, Friday 31 March 2006, they had received three tenders, all of which were opened by the Chairman on Monday 3 April 2006. He advised that an evaluation of all tenders received suggested that there were three specific items that would determine the outcome of the tendering procedures, i.e. the engine, gearbox and refuse body.

12.3 Mr Johnston proceeded to give a detailed presentation of his report in regard to these items. He concluded by stating that he had gone to great lengths to highlight what he felt were the issues regarding this tender and hoped that given these facts and findings the members could accept that on this occasion proven technology was the significant factor. He stated that in his opinion the Scania/Farid was proven technology, in fact a vehicle with a guaranteed 10 year life cycle. He was therefore recommending that the Council accepted tender No.1, from Castlereagh Motors, for the supply and delivery of two new Scania/Farid ‘One Person Operated’ Refuse Collection Vehicles at a cost of £274,816.00 + VAT.

12.4 It was

PROPOSED by Councillor O T Hughes Seconded by Councillor P McLean, and

RESOLVED: that the Council would accept tender No.1, from Castlereagh Motors, for the supply and delivery of two new Scania/Farid ‘One Person Operated’ refuse collection vehicles at a cost of £274,816.00 + VAT.

13 FINANCIAL CONTRIBUTIONS 56/4/2006

Submitted the following requests for financial help:

26 13.1 St Patrick’s Snooker Club:

Submitted letter from Mr Enda McCusker advising that St Patrick’s Snooker Club would be running again the Northern Ireland Amateur Snooker Competition in Magherafelt and were seeking £350 from the Council to stage this event (copy circulated to each Member).

13.1.1 The Chief Executive explained to the Members that this request should be referred to Community Relations for consideration of funding. If the Club was unsuccessful in obtaining Community Relations funding then it could be referred back to the Council for further consideration.

13.1.2 Councillor I P Milne stated that the event would be held in April and therefore there was some urgency in obtaining funding.

13.2 County Londonderry Football Association:

Submitted a letter from Mr David Reid, Limavady dated 21 March 2006 seeking financial assistance with the teams’ participation in this year’s Northern Ireland Milk Cup (copy circulated to each Member).

13.2.1 On consideration it was

PROPOSED by Councillor T J Catherwood Seconded by Councillor P McLean, and

RESOLVED: to make a contribution of £200 towards the teams’ participation in this year’s Northern Ireland Milk Cup.

13.3 Robert Watt:

Submitted letter dated 10 April 2006 seeking financial assistance towards piping competitions when he would be representing Ireland in a number of events. He had also qualified and would be competing for The MacCrimmon Trophy which he had won on three occasions in the past six year and was runner-up last year (copy handed out to each Member).

13.3.1 On consideration it was

PROPOSED by Councillor G C Shiels Seconded by Councillor P McLean, and

RESOLVED: to make a contribution of £200.

13.4 Laurence Hastings:

Submitted letter from Mr Laurence Hastings who had been selected to represent Ireland on the Over 40’s Squash Team for the Home Internationals 2006 to be held in Nottingham, England on Friday 28 and Saturday 29 April 2006 and seeking a contribution of £350 towards his travel, hotel, entry fees, subsistence in participating (copy handed out to each Member).

27 13.4.1 On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

RESOLVED: to make a contribution of £200 towards Mr Hastings’ expenses in participating in the Home Internationals.

13.5 Lisa Bowman:

Submitted letter from the Acting Honorary President of Netball Northern Ireland informing that Miss Lisa Bowman had been selected onto the Senior National Squad and was preparing and training for competition Regional World Championship Qualifiers in June 2006 and World Championships in 2008. The letter further explained that National Squad training contained a considerable amount of fitness training, including a multi-gym fitness programme and players were requested to train two nights per week with weights and three nights per week cardiovascular. In order for Lisa to complete her fitness training, NNI were requesting that she enrol with a multi-gym unit in the local area and were asking that some financial support be given to enable Lisa to enrol and attain the appropriate fitness level required to compete (copy handed out to each Member).

13.5.1 The Chief Executive explained that the Council could not support this request under the present rules.

13.5.2 Councillor P McLean requested that a letter be sent to Miss Bowman giving her a proper explanation as to why the Council could not support her with her fitness training for the Regional World Championship Qualifiers or the World Championships.

Noted.

14 CONFERENCES AND COURSES: 298/4/2006

Consideration was given to the nomination of delegates to attend:

14.1 Association of Building Engineers (abe) 44 th Annual Conference & Exhibition: To be held in the Radisson SAS Roe Park Hotel from Tuesday, 31 October to Friday, 3 November 2006 (details circulated to each Member). The residential fee including the Conference dinner would cost £675 plus VAT, Non-residential would cost £485 plus VAT.

On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor P McLean, and

RESOLVED: that Mr Ian Glendinning, Director of Building Control and the Council’s representatives on the North-Eastern Group Committee – Building Control Service, Councillors O T Hughes and P McLean be nominated to attend the conference and exhibition.

Councillor P McLean declined stating that he would be unable to attend on this occasion.

28 14.2 Enhancing an Enterprise Culture – The Role of Local Authorities Conference: Conference to be held in Glór Irish Music Centre, Ennis, Co Clare on 25 and 26 May 2006 and organised by Clare County Council (details circulated to each Member). The cost of the conference was €160 per candidate.

14.2.1 On consideration it was

PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes, and

RESOLVED: that Councillor J P O’Neill attends the conference.

14.3 Confederation of European Councillors: A one-day Seminar to be held in the Mount Errigal Hotel, Letterkenny, Co Donegal on Friday, 12 May 2006 (details circulated to each Member). The Conference Fee was €190 / STG £120 and the room rate for the Mount Errigal Hotel was £68 single of £50 per person sharing.

14.3.1 On consideration it was

PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes, and

RESOLVED: that the Council’s representatives on the National Association of Councillors, Northern Ireland Region, that is, Councillors O T Hughes, P E Groogan and Miss K A Lagan attend the one-day seminar.

15 ECONOMIC DEVELOPMENT

Submitted reports on the following requests (copies circulated to each Member):

Mr McCarney joined the meeting.

15.1 (a) District Business Awards (Revised)

Mr McCarney outlined the background to the business awards system in the District. He said that the programme was well underway and that the Awards Ceremony had been planned to take place in the Elk on 28 April 2006. The Business Awards competition had received local press publicity and it was anticipated that national press coverage would also be sought on the week before and after the event. However the initial budget had proven not to be suffice.

Mr McCarney handed out samples of the Business Awards brochure to each Member.

The Chief Executive commented that he had heard good reports and that a lot of press coverage would be given.

15.1.1 On consideration it was

PROPOSED by Councillor J P O’Neill Seconded by Councillor I P Milne, and

RESOLVED: to give an additional grant of £5,398 to Magherafelt Area Partnership to organise a District wide Business Awards event to be held in the Elk on 28 April 2006. The total grant for this event from the Council would be £11,538.

29 15.2 Admin Support for Think BIG Database:

Mr McCarney explained that Coleraine, Limavady and Magherafelt Councils had originally agreed to pool resources to support local businesses in the three Council areas. The first phase of the project was to build an information resource. Last year the Economic Development officers recommended the development of an internet based database. Magherafelt District Council agreed to take a lead in the project and a contract was awarded to Business in the Community for a fee of £17,880. The cost was shared between Magherafelt, Coleraine and Limavady Borough Councils with a net cost of £5,960 to Magherafelt Council. The money allocated had been spent on setting up the system. The draft site could be viewed at: www.thinkbigni.co.uk .

Mr McCarney stated that the next stage of the project was to put a resource in place to ensure the information on local businesses was kept up to date. The consortium of Councils advertised to recruit a competent organisation to provide administration support to the Think BIG Network. In referring to his report, Mr McCarney detailed the Terms of Reference included in four key tasks:

• Update business profiles on the database • Progress reports for Steering Group • Business Communications • Develop Promotional Material

He said that a budget of £12,000 was given to the five organisations who had requested the Terms of Reference and tenders had been opened and scored earlier in the day.

Mr McCarney further said that whilst Coleraine and Limavady Borough Council were content for the moment, that the resource be used and developed by the three Councils and shared with the Leader Groups in each Council area, Magherafelt wished to expand and develop the resource to be a genuine communication channel where businesses could access support from not only the Councils and the Leader groups but also Strategic Partners such as Invest NI, Further Education Colleges, the Federation of Small Businesses, the Local Enterprise Agency, etc. This approach, if successful, would mean that the businesses on the database and the Strategic Partners would have to make a contribution to the running costs and maintenance of the database. He said that in order to test the feasibility of this approach it was proposed to target an initial fifty businesses on the database and offer a more targeted information service where the consultant offered to examine all the needs of business and help them access required support from the Strategic Partners signed up to participate in the Think BIG Network. Mr McCarney advised that a sample of the Memorandum of Understanding to be signed by the strategic partners was attached at Appendix 1 to the report. He further advised that any money raised from the business and strategic partners would have to be deducted from the Council’s contribution next year.

Mr McCarney outlined the projected costs and the outputs. He recommended that Magherafelt District Council act as a lead partner and award a grant of £14,700 for the project on condition that Limavady and Coleraine provide a contribution of £4,000 each.

30 15.2.1 On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor G C Shiels, and

RESOLVED: that the Council act as a lead partner and award a grant of £14,700 for the project on condition that Limavady and Coleraine provide a contribution of £4,000 each.

16 DATES AND TIMES OF FORTHCOMING MEETINGS

Consideration was given to the following forthcoming meetings:

16.1 Annual Meeting of the Council:

It was unanimously agreed that the Annual Meeting of the Council be held on Monday, 19 June 2006 at 6.00 pm.

16.2 Monthly Meetings in June, July and August 2006:

It was unanimously agreed that the Monthly Meeting in June should follow that Annual Meeting on Monday, 19 June at 7.00 pm

16.3 The Divisional Roads Manager’s Report:

It was agreed that the Divisional Roads Manager be invited to attend the next meeting of the Council to be held on Tuesday 9 May 2006 at 7.30 pm.

17 CONSULTATION DOCUMENTS 195/4/2006

Consideration was given to the following:

(a) A6 Toome to Castledawson Dualling – letter and copy of map showing the preferred route. Ferguson McIlveen are now formulating details for the Environmental Statement and are keen to establish any relevant constraints or factors to be considered when refining the scheme (copy circulated to each Member).

The Chief Executive drew attention to a letter which had been received from Mrs Bronagh McLaughlin of 126 Hillhead Road, Castledawson seeking the Council’s support. The letter intimated that the proposed access points to the new dual carriageway between Toome and Castledawson would mean that access to 122/122A Hillhead Road (adjacent neighbour) would cut directly across the front garden of her home and through the adjoining field, as the bottom half of their laneway would be an unsafe point because the flyover bridge would be constructed within a few metres of it.

Mr McLaughlin stated that her residential dwelling was of historic importance as it was the birthplace of Seamus Heaney the poet. Many tourists visited her home. This area was known as Mossbawn. She suggested that it would be a grave mistake to permit any scheme which would adversely directly affect the Mossbawn site or any encroachment to the land in any shape or form.

31

After discussion it was agreed that the Chief Executive write to Mr Faloon, Roads Service, Northern Division and to Ferguson McIlveen, Architects and Consultants expressing the Council’s concern.

(b) Letters from the Department of the Environment, Environment & Heritage Service seeking any objections or comments which the Council may have on the management principles set out for:

a. Ballynahone Bog ASSI, enclosed b. Curran Bog ASSI, enclosed c. Wolf Island Bog ASSI, enclosed. d. Ballyknock ASSI, enclosed.

Details of the Designation of Ballynahone Bog, Curran Bog and Wolf Island Bog as Special Areas of Conservation are also circulated for information.

(c) The Draft Smoking (Northern Ireland) Order 2006 Public Consultation Document prepared by the Department of Health, Social Service and Public Safety seeking the Council’s response by Friday, 5 May 2006.

(d) Proposals for new Railway Safety Management Regulations prepared by the Department of Regional Development seeking responses by 24 April 2006.

(e) Northern Neighbourhoods Health Action Zone Strategic Plan Consultation Document 2005-2008 prepared by the Northern Health and Social Services Board seeking responses by Friday, 21 April 2006.

(f) Proposal for a Draft Water and Sewerage Charges (Information Sharing) (Northern Ireland) Order 2006 seeking comments by 25 May, 2006

(g) Draft Planning Policy Statement 14 – Sustainable Development of the Countryside seeking comments by 9 June 2006 (copies previously circulated to Members).

(h) Consultation on Proposals for a Marine Bill prepared by the Department of the Environment seeking comments by 23 June 2006.

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

18 ROADS SERVICE 279/4/2006

Submitted letters and enclosures for the adoption of streets under The Private Streets (Northern Ireland) Order 1980 for a development at Ballyronan Road, Magherafelt – Stage 1 by Mitchell Brothers (copies circulated to each Member).

Noted.

32

19 NOTICES OF MOTION 212/4/2006

19.1 In accordance with his Notice of Motion, Councillor J Campbell proposed:

“That, in the light of the announcement on Draft Planning Policy Statement 14 – Sustainable Development in the Countryside, and this Council’s grave concerns about the implications of this document for farming families, rural communities and the rural economy:-

1 This Council engages specialist planning opinion to formulate a response to the document 2 This Council engages specialist legal opinion to scrutinise the document and the implications for the people of our District.

This course of action may be undertaken in co-operation with other Councils in similarly based rural areas.”

The Chairman, Councillor J F Kerr said that as two Notices of Motion (1 and 6 on the Agenda) were very similar he wondered if they could be combined.

The Chief Executive suggested that the last paragraph of Councillor McPeake’s motion could be appended to Councillor Campbell’s motion.

Councillor Campbell agreed to this suggestion.

In proposing his motion, Councillor Campbell said that this Draft Planning Policy Statement would impact on everyone. He said that Lord Rooker himself, in a recent in a recent television interview had admitted that the “facts” on which the Policy was based were not necessarily accurate. Councillor Campbell further stated that the potential impact of the Policy was horrendous.

Councillor J J McPeake read his Notice of Motion:

“That following the announcement of the Draft Planning Policy Statement 14, a document which has the potential to devastate our rural district both in social and economic terms that we engage specialist planning and legal opinion in this Council’s response to this document. Also that we seek a meeting with the authors of the document – the Department of Regional Development on how they propose to deliver on the outworkings of this document in the short, medium and long-term.

This Council wishes to ascertain how they propose to sustain a vibrant rural district with the measures proposed therein. Also that we seek a meeting with the DoE Divisional Planning Manager to obtain assurances that those many existing planning applications currently in the system are dealt with as expeditiously as possible.”

Councillor McPeake said that he was happy to append the last paragraph to Councillor Campbell’s motion and accordingly it was

PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes

To amend the motion as follows:

33 “That, in the light of the announcement on Draft Planning Policy Statement 14 – Sustainable Development in the Countryside, and this Council’s grave concerns about the implications of this document for farming families, rural communities and the rural economy:-

1 This Council engages specialist planning opinion to formulate a response to the document 2 This Council engages specialist legal opinion to scrutinise the document and the implications for the people of our District.

This course of action may be undertaken in co-operation with other Councils in similarly based rural areas.

This Council wishes to ascertain how they propose to sustain a vibrant rural district with the measures proposed therein. Also that we seek a meeting with the DoE Divisional Planning Manager to obtain assurances that those many existing planning applications currently in the system are dealt with as expeditiously as possible.”

On a vote being taken on the Amendment 10 Members voted for, 0 Members voted against, 5 Members abstained, voting being by show of hands. The Chairman declared the Amendment carried.

On the Amendment becoming the Substantive Motion, 10 Members voted for, 0 Members voted against, 5 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

19.2 The Chief Executive advised that there was an error on the Agenda and that the word “demands” should read “condemns” in Councillor Groogan’s motion.

Noted.

19.2.1 In accordance with his Notice of Motion Councillor P E Groogan proposed:

“That this Council condemns the political interference of the PSNI and their associates within the ‘Security Agencies’ in the political life within this part of Ireland.

That this Council, calls for an immediate end to political policing, which has been responsible for a political coup d’état which led to the collapse of the power sharing executive.

That this Council writes to the British Secretary of State and An Taoiseach calling upon them to have this form of political interference immediately halted.”

The motion was seconded by Councillor J J McPeake

Councillor P McLean considered the motion to be a farce and did not wish to debate it.

Councillor Miss K A Lagan requested the definition of “coup d’état”.

Councillor J J McPeake advised that this was used in the Assembly when a particular Government was in control.

34 Councillor Miss Lagan suggested that it was the wrong use of the phrase in that it meant the overthrowing of a state.

Councillor McPeake said that it was used in connection with the overthrowing of Government at that stage. He further said that spying was an engineering event by the PSNI which had been had brought about the fall of the Northern Ireland Assembly and could be construed as a “coup d’état”.

Councillor G C Shiels stated that Councillor McPeake’s suggestion that the PSNI had been implicit in bringing down the Assembly amounted to nothing more than propaganda as the RUC and the PSNI had throughout the years effectively prevented Civil War in Northern Ireland.

Councillor Campbell said that this was a big concern and if the PSNI was responsible then the matter should have been referred Nuala O’Loan, the Police Ombudsman and not the British Secretary of State and An Taoiseach. He suggested the following amendment.

Amendment

“That this Council condemns the political interference of the PSNI and their associates within the ‘Security Agencies’ in the political life within this part of Ireland.

That this Council, calls for an immediate end to political policing, which has been responsible for a political coup d’état which led to the collapse of the power sharing executive.

That this Council writes to Mrs Nuala O’Loan, the Northern Ireland Police Ombudsman calling upon her to have this form of political interference immediately halted.”

The Amendment was seconded by Councillor Miss K A Lagan.

On a vote being taken 2 Members voted for, 8 Members voted against and 5 Members abstained, voting being by show of hands. The Chairman declared the Amendment lost.

On the proposal being put to the meeting, 8 Members voted for, 0 Members voted against, 7 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

19.3 In accordance with his Notice of Motion Councillor G C Shiels proposed:

“That this Council takes a decision to employ an Equality Officer, and that all necessary arrangements are set in motion to advertise the post, etc., at the earliest opportunity.”

Councillor J Crawford seconded the motion.

Councillor Shiels referred to decisions taken recently by the Council in particular one in relation to the erection of a plaque to commemorate deceased Sinn Fein Councillors and a subsequent one declining to erect a plaque for members of the security forces who had been murdered during The Troubles.

35 Councillor Shiels went on to state that there was a public perception in certain sections of the community that the Council was biased towards a Nationalist agenda. He suggested that if the Council were to employ an Equality Officer in the way that other Councils such as Newry & Mourne District Council had done, it would go a long way to improving the public’s perception of the rationale for Council decisions. He proposed that the Council invite a representative from Newry & Mourne Council to make a presentation to an appropriate grouping of Members from this Council on the merits of appointing an Equality Officer. He further suggested that the Council should consider setting up an Ulster Scots Committee.

Councillor J J McPeake responded vigorously to Councillor Shiels’ suggestion that the Council was biased towards a Nationalist agenda. He suggested that other Members could give numerous examples of the Council not following a Nationalist agenda. He said that he would welcome an opportunity for the Equality Commission to look at the issues in Magherafelt District and concluded by wondering whether Councillor Shiels would encourage Councils such as Lisburn City Council to embrace the equality agenda.

Councillor Miss Lagan interjected by saying that she felt that it was “a bit rich” for Councillor McPeake to criticise Lisburn City Council given the way that the Sinn Fein party grouping had manipulated the nominations to positions within the Council and other bodies at the previous year’s Annual Meeting by failing to properly implement D’hondt principles. She said that Cookstown and Dungannon District Councils effectively shared an Equality Officer and she enquired who was responsible for the equality agenda in this Council.

The Chief Executive said that the equality agenda was managed at a strategic level.

Councillor P McLean pointed out that Magherafelt Council had been a Nationalist controlled Council for many years and the fact was that many Unionist people perceived that there was a Nationalist agenda. He said that this perception had been fuelled by a number of specific decisions in recent months but suggested that there was really no need for an Equality Officer if all the party groupings exercised commonsense in its decision-making.

The Chairman, Councillor J F Kerr pointed out that he had as Chairman treated everyone equally and that there were many in the community who would contend that the Unionist representatives were not open to being supportive of decisions that might be viewed as being sympathetic to Nationalists. He suggested that there might be some merit in having an Equality Officer who could be seen to provide neutral advice on contentious issues.

Councillor P J Bateson stated that he had no difficulty with the Council appointing an Equality Officer.

Councillor J Campbell said that he was not opposed to having an Equality Officer but, picking up on Councillor McLean’s comments, he noted that there were many years in the past when the Council was Unionist controlled that it applied discriminatory policies against Nationalists such as the banning of gaelic sports at the summer scheme.

Further discussion took place on the wearing of gaelic and other shirts in the Council’s Leisure Centres.

36 Councillor McLean said that you would always get sections on both sides of the community who would wear tops to cause trouble.

The Chief Executive and Mr Johnston both said that they were unaware of any difficulties.

Councillor Miss Lagan said that the Council should find out the role of the Equality Office in Cookstown and Dungannon and instruct the Chief Executive to investigate this.

Mr Johnston said that he did not know of many equality issued which needed to be addressed and any that occurred should be addressed to the Equality Commission.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by the Chairman, Councillor J F Kerr

That the officers be tasked to investigate the role of the Equality Officer in Cookstown and Dungannon.

Amendment

It was

PROPOSED by Councillor G C Shiels Seconded by Councillor J Crawford

That the officers be tasked to investigate the role and pursue the effectiveness of the role of the Equality Officer in Cookstown and Dungannon.

On consideration the original motion was withdrawn by the Proposer and Seconder and the Amendment was adopted.

19.4 The Chairman adjourned the meeting for 10 minutes for a comforts break at 9.55 pm.

The meeting reconvened at 10.05 pm.

19.5 In accordance with her Notice of Motion Councillor Miss K A Lagan proposed:

“That this Council agrees to the introduction of Flexible Working in all work areas under its control as are deemed suitable for such new working arrangements. Suitability to be duly determined as follows:

(a) By benchmarking with other Council Areas in Northern Ireland where Flexible Working is already standard practice, and (b) By consultation and agreement with local staff, their staff representatives and management.”

In support of her motion Councillor Miss Lagan said that today’s domestic circumstances meant that at certain times in their lives, working parents and carers needed flexi-time because they could not work the normal pattern of 9.00 am to 5.00 pm in order to balance their work and home responsibilities.

37 She said that there was much information available on Flexible Working and organisations were better placed under the 2002 Northern Ireland Order to provide this facility. She said that the surrounding Councils – Cookstown, Ballymena, Omagh, Coleraine, Derry and Strabane all operated flexible working, in fact the LGSC said that the majority of Councils did comply with the regulations. Councillor Miss Lagan felt that if flexible working hours were provided for Magherafelt Council’s staff then a better service could be provided to the public, for example, the offices would be open at lunchtime from 1.00 pm to 2.00 pm. The provision of this service would be mainly for the benefit of the Council’s employees.

The motion was seconded by Councillor J Campbell.

Councillor Campbell said that he was sure that the RPA would introduce flexible working anyway. He said that it might not apply to all staff but it could be benchmarked with other Council areas. He further commented that the Royal Mail of which he had been an employee had introduced flexible working for administrative staff some thirty years ago.

The Chairman, Councillor J F Kerr, commented that he personally supported the motion in principle.

Councillor P McLean enquired about the term “deemed suitable” used in the motion and asked who deemed it suitable.

Councillor Miss Lagan pointed out those parents of children under six years of age had a right to apply to their employer for flexible working as did those with disabled children under the age of 18 years.

Mr Johnston explained the operational procedures for bin-men, the equality situation and commented that bin-men also had families.

The Chairman, Councillor Kerr asked how other organisations got around this problem.

Councillor McLean asked how other Councils differentiate between people.

The Chairman said that he agreed with benchmarking.

Councillor P J Bateson asked if there were any circumstances peculiar to Magherafelt District Council.

Mr Johnston said that the Council’s Solicitor was of the opinion that flexible working should apply to all staff. Other Councils he understood operated flexible working for some office staff only.

The Chief Executive advised that the Council had considered this matter before. He said that flexible working, if introduced, could only apply to the staff working in the Council Offices as it was impossible elsewhere. He said that if introduced there would be a diminution in service and would prove to be more costly. He explained the core times for working and that all staff would only work between 10 am and 12 noon and 2 pm to 4 pm. Flexible working would mean that staff would work up hours in order to have extra days off and the first to benefit from it would be the Directors. He said that the only office in the administrative building that could operate flexi was the Environmental Health Department because they could do inspections at their own discretion. More staff would be required in order to operate flexi. In referring to Cookstown Council, he said that some staff worked flexible hours and others did not.

38 The Chief Executive further stated that requests from parents of young children and those with disabled children had never been denied flexibility.

Mr Johnston gave an example of one member of staff who operated reduced hours and the policy was to accommodate people, if possible.

Councillor McLean said that in the past officers made recommendations. He commented that the Council had a budget, there was good harmony amongst its staff and he therefore asked, what was the purpose of changing, if the system was currently working? Nevertheless, he said that he was not against the motion in principle.

Councillor J J McPeake added that this was the second time that this discussion had taken place in recent months by the Council and enquired if there was a demand from staff for flexible working.

The Chief Executive said that recently he had only received one request but he felt that the staff thought that it should be a blanket policy.

Councillor Miss Lagan stated that she was a representative of the Council and a member of Women in Local Councils and she was dismayed that Magherafelt Council did not offer flexible working to its staff, particularly women.

Councillor Campbell pointed out that 80 percent of the public sector operated flexible working. He asked if they were doing something wrong.

Councillor Bateson said that other Councils must have overcome these problems in some way and asked why there had not been an appraisal.

The Chairman suggested that the officers be given some time and that they should submit their appraisal to the August meeting of the Council.

Councillor McLean asked if the Council required to change the wording of the motion.

The Chairman thought that it was not necessary but that the officers benchmark and report back to Council at its August monthly meeting on flexible working.

Members agreed.

19.6 In accordance with her Notice of Motion Councillor Mrs K A McEldowney proposed:

“This Council notes that all prescription charges are being abolished in Wales by 2007, and they have been reduced in price since May 2003. In the absence of the power-sharing Executive, this Council calls upon Direct-Rule Minister, Shaun Woodward, to introduce a similar approach aimed at phasing out of all health service prescription charges.

Council is aware that there are people on low incomes who are not exempt from prescription charges and for whom a prescription charge is therefore not affordable. For some patients, this means not having access to the medicines they need. The current charging system is at variance with the government’s stated policy of equal access for all to health care services.

As a first step in process leading to the abolition of all prescription charges, this Council also calls for a full review of the medical conditions which are included in the present system of exemptions with a view to ensuring that all chronic conditions should be covered.

39 It is this Council’s view that the current system of medical exemptions do not adequately reflect need as it exists in the community, particularly in relation to people who have chronic conditions or other diseases that rely on multiple and on- going medication.

That this Council communicates to Shaun Woodward their stance on this issue and in the event of the direct-rule minister failing to respond positively to this Council, the Council will write to all political parties in the Six Counties asking for a commitment from them to abolish prescription charges within a restored power- sharing Executive.”

The motion was seconded by Councillor J P O’Neill

Councillor Miss K A Lagan said that on one could argue with this motion. She said that the charges were exorbitant for people on low incomes.

Councillor G C Shiels said that if this matter of the abolition of all prescription charges had come through the Northern Ireland Assembly he would have no problem but he felt it was wrong to call on the Direct Rule Minister as he would simply take the costs from some other budget.

Councillor P McLean pointed out this was entirely the wrong place for the motion to be brought in as Sinn Fein should have put their elected Members of Parliament in power-sharing in a British Establishment.

On the motion being put to a vote, 10 Members voted for, 0 Members voted against, 5 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

20 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor P McLean Seconded by Councillor P E Groogan, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

21 ACUTE SERVICES AT THE MID-ULSTER HOSPITAL

This item was taken “In Committee”.

22 STAFF MATTERS

This item was taken “In Committee”.

23 LEGAL MATTERS

This item was taken “In Committee”.

40 24 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and

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

25 SEALING OF DOCUMENTS

There were no items for sealing.

26 FOR THE INFORMATION OF MEMBERS

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

(a) Minutes of the 376 Meeting of the North-Eastern Education and Library Board held on Tuesday, 28 February 2006. (b) Press Release of the Northern Health and Social Service Board’s March meeting. (c) Minutes of NILGA Full Members’ Meeting held on 24 June 2005, 23 September 2005 and 27 January 2006. (d) Minutes of the Lower Bann Partnership Limited held on 14 February 2006. (e) Letter and Code of Audit Practice for Local Government Bodies in Northern Ireland 2006 from the Local Government Audit Office. (f) Letter and copy of the Department of Health, Social Services and Public Safety’s “A Healthier Future – A Strategic Framework for Respiratory Conditions. (g) Copy of letter and third report of the Review of Mental Health and Learning Disability (NI) on Alcohol and Substance Minuse. (h) Copy of Review of Public Administration in Northern Ireland (copy circulated to each Member). (i) E-mail and copy of the Local Government (2005 Order) (Commencement No.2 and Savings) Order (Northern Ireland) 2006 – No.151, which came into operation on 1 April 2006. (j) 4th Report of the British Society for Ecological Medicine – The Health Effects of Waste Incinerators.

The meeting concluded at 11.30 pm.

41

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

______(Date)