MAGHERAFELT DISTRICT COUNCIL MINUTES of Proceedings of A

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MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 14 December 2004. The meeting commenced at 7.30 pm.

Presiding: P E Groogan

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

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

Representatives from Other Roads Service: Bodies in Attendance: Mr Richard Hamilton – Principal Engineer – Network Development Mrs Maura Hackett – Bridges and Project Management Engineer Mr Des McFarlane – Section Engineer

Planning Service: Miss D Dickson – Planning Officer

1. MINUTES Submitted Minutes of Meeting of the Council held on Tuesday, 9 November 2004 (copy circulated to each Member).

1.1 Councillor R A Montgomery referred to Page 3 of the Minutes, and requested that it be amended to read that Councillor Montgomery proposed that the letter of congratulation be sent to R. Crawford and not Councillor G. Shiels. 2

Councillor R A Montgomery also referred to Page 13 of the Minutes paragraph 3, and requested that it should read that water charges “should be low” and not “would be low” as in the Minute.

1.2 Accordingly it was

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

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 9 November 2004, subject to the above amendments, be taken as read and signed as correct.

It was

PROPOSED by Councillor P H McErlean Seconded by Councillor J F Kerr, and

RESOLVED: that the Minutes of a Special Meeting held on Wednesday 17 November 2004, be taken as read and signed as correct.

2. MATTERS ARISING 2.1 The Chief Executive submitted a letter of OUT OF THE MINUTES reply to Councillor Lagan’s Motion informing the Members that Mr David Ferguson would address the next Meeting of the Council to be held on 11 January 2005 to discuss the Planning Service’s workload pressures

Noted.

2.2 Submitted letter of reply from Water Reform addressing Councillor Montgomery’s comment about the legality in England and Wales to raise water and sewerage charges by reference to property rateable value. Mr Sterling in his letter stated that this was the case up until 1999, but this provision had been, amended by Section 8 of the Water Industry Act in 1999.

Noted.

2.3 Submitted letter from Mr Pat Doherty, Divisional Roads Manager in connection with Pay and Display Parking – Rainey Street and Union Road car-parks, Magherafelt. The letter stated that the proposal to introduce pay and display would proceed.

2.3.1 Mr Duddy also informed the Members that the Western Division had ordered seven Ticket Machines which they expected to install in mid- January and be up and running by the end of January 2005.

2.3.2 Mr Doherty said that he would appreciate an opportunity to meet the Council and discuss the issue before the end of January 2005.

Noted.

2.4 Letter of thanks from Buckingham Palace for the Council’s kind message of condolence that was sent to the Queen following the recent death of Princess Alice, Duchess of Gloucester.

Noted.

2.5 Letter from Lisburn City Council in reply to the Council regarding the content of a Notice of Motion relating to proportionality arrangements. The letter stated that the correspondence from Magherafelt District Council was an unwarranted, unwelcome and indeed inaccurate interference with the internal business of Lisburn Council.

Noted.

3. CONGRATULATIONS 3.1 Councillor O T Hughes proposed that a message of Congratulations be sent to Bellaghy 260/12/2004 Wolfe Tonnes GAA Club on winning the Senior Reserve Championship.

3.2 The Chairman Councillor P E Groogan proposed that a message of Congratulations be sent to St Colm’s High School, Draperstown in recognition of the school attaining the Investors in People Accreditation.

3.3 Members agreed that messages of congratulations be sent to Bellaghy Wolfe Tonnes GAA Club and St Colm’s High School.

4. ROADS SERVICE The Chairman welcomed Mr Richard Hamilton, Ms Moira Hackett and Mr Des McFarlane from 279/12/2004 Roads Service to the meeting and asked them to present the Works Programme – Autumn 2004 for 4 the Magherafelt District Council area (copy circulated to each Member).

4.1 Mr Hamilton referred to the replies made to Councillors on queries raised by individual Members at the last Council meeting when Roads Service attended on 8 June 2004 (copies enclosed with the Works Programme).

4.2 Mr Hamilton referred to the Draft Local Transport and Safety Measures Programme 2005- 2007 and commenced on Page 17 of the report.

1 Aughrim Road, Magherafelt - C560 Mr Hamilton said that this scheme involved the realignment of the carriageway at Hoggs Corner for a distance of 200 metres. It was of high importance but to bring the carriageway into a more horizontal line the scheme would be subject to land availability and could possibly take away some buildings.

2 Ballymacombs Road at Smithtown Cross, Portglenone – A54 This scheme involved the realignment of the carriageway over a distance of 500 metres and construction of new verges. Mr Hamilton said that this would be a very worthwhile scheme but was a very expensive one which would have to be carried out over a two years period.

Councillor O T Hughes enquired about the cost of the scheme.

In reply, Mr Hamilton said that it would cost £500,000. He said that they would have to make some effort to carry out major schemes otherwise little would happen.

Councillor T J Catherwood asked what was the Department’s plan for this scheme.

Mr Hamilton said that it was to realign the roadway and take away the double bends.

The Chairman, Councillor P E Groogan stated that Members should not ask questions on each scheme but rather listen to the comments and ask questions at the end of the presentation.

3 Ballynacross Road/Quarry Road – U5058/C550 This was a smaller scheme which involved the improvement of sight lines at the junction of Ballynacross Road/Quarry Road and would strengthen the verge for a short distance for the junction of the Ballynacross Road.

4 Ballynease Road, Portglenone – C546/U5071 Mr Hamilton explained that this was phase two and three of the scheme which consisted of constructing approximately 230 metres of footway from houses No.102 to the entrance of No.106B on the Ballynease Road and 275 metres from the junction of the Ballynease Road with the Culbane Road. This scheme would be carried out over a period of two years.

5 Broagh Road, Castledawson – U5131 This again was a smaller scheme involving the construction of a footway from the junction with the Moyola Road to the entrance into hotel.

6 Coolshinney Road, Magherafelt – U5176 This scheme involved the construction of a footway from the existing footway at Coolshinney Road to A31 Moneymore Road.

7 Carricknakielt Road, Maghera (Phase I) – U5053 This scheme involved constructing 330 metres of footway together with fencing, drainage and verge support from Craigadick Park to Milltown Bridge. Mr Hamilton said that there were land issues. There were two options – do the footpath now or wait until the development progresses.

8 Hall Lane, Mayogall, Gulladuff – U5077 This scheme involved the vertical realignment of Hall Lane and provision of a footway from the junction of Mayogall Road for approximately 116 metres. Mr Hamilton said that this scheme required substantial funding and required to be looked at very carefully.

9 Macknagh Lane, Upperlands, Maghera – U5028/B75 Mr Hamilton said that this was a worthwhile scheme involving improvement of sight lines at the junction of U5028 Macknagh Lane and the B75 Kilrea Road by removing high bankings.

10 Moneymore Road, Desertmartin at Junction of Curr Road – A29/U168 This scheme involved the realignment of the carriageway over 388 metres at the junction of Curr Road. Mr Hamilton stated that this carriageway had the potential for something to go wrong and therefore needed to be addressed.

11 Rocktown Lane junction/Hillhead Road, Knockloughrim – U5083/C557 This scheme consisted of improving sight lines at Rocktown Lane at the junction with Hillhead Road, Knockloughrim. Mr Hamilton pointed out that there was a problem with a visibility splay at this junction.

12 Tobermore Road, Killytoney – A29 This scheme involved the realignment of approximately 650 metres of carriageway between the junction at Drumsamney Road and Quarry Road which would ease a below standard bend on the A29 south of Tobermore at Killytoney. This scheme which was over 1Km in length would cost somewhere around £1 million and would have to be phased.

4.3 Mr Hamilton said that under the Network Development for 2004/2005 – Strategic Road Improvements the Differential Acceleration Lane (DAL) from Castledawson Roundabout towards Maghera on the A6 had started and it was hoped would be finished by March 2005. The estimated cost of this scheme would be £600,000.

4.4 Mr Hamilton then referred to Works in Progress under the Local Transport and Safety Measures 2004-2005. He mentioned the following schemes -

B47 - Sixtowns Road Draperstown – carriageway widening had started and hopefully the footway would connect across the bridge.

A29 - Hall Street/Coleraine Road junction, Maghera – re-assessing this scheme for double mini-roundabouts and pedestrian facilities and looking at other solutions regarding traffic movements.

A54 – Bellaghy (South) Church Corner – it was hoped to start this scheme in January 2005 which would improve the forward sight distance and carriageway widening.

Mr Hamilton commended that the Department would require a injection of cash in order to carry out network development schemes.

Mr Hamilton also outlined Street Lighting schemes for 2004/2005 and referred to improved lighting for Main Street, Castledawson to be included in the overall Environmental Improvement Strategy.

Under Network Maintenance 2004/2005, Mr Hamilton mentioned specific schemes as follows:-

A31 – Broad Street, Magherafelt – reconstruction of defective areas of resurfacing of carriageway. He said that there were traffic flow problems but that it had been completed reasonably quickly.

A31 – Moneymore Road, Magherafelt – this scheme which was for 300 metres of footway and to reconstruct defective areas and resurface the carriageway was in progress.

The asphalt resurfacing and reconstruction of the U5323 – Craigadick Park, Maghera and the U5533 – McGurk’s Villas, Gulladuff had both been deferred until April 2005.

4.5 Members’ Questions:

Councillor Rev Dr R T Wm McCrea enquired if land was available on the Aughrim Road for the commencement of the Aughrim Road, Magherafelt scheme.

In reply, Mr Hamilton stated that the scheme was only at design stage and negotiations would have to be made regarding availability of land.

Councillor McCrea then enquired about the Coolshinney Road, Magherafelt scheme for the construction of a footway from the existing footway at Coolshinney Road to Moneymore Road and stated that the road surface was also bad and water was lying on the surface of the carriageway. He requested that some work be carried out in order to tidy up the road surface.

Mr Hamilton said that this request was for maintenance of a carriageway and he would pass it on to Mr Barnes at the Omagh office to take the matter on board.

Councillor McCrea enquired about the expenditure for the realignment on the Curr Road.

In reply, Mr Hamilton said that the scheme was only at design stage. The scheme was for visibility splays rather than realignment as could cost £100,000 but he was not sure.

Councillor J F Kerr referred to the scheme for Craigadick Park, Maghera which he said was long overdue. He was aware of the issues regarding landownership but hoped that people would not have to wait too long on the footway as many pedestrians used the road to go to the GAA Club as well as the Maiden City Flyer. He said that Mr Gallagher had been out on site. This was a dark road and many young people used it. This was a road where an accident was waiting to happen. He asked that whilst everyone was waiting on the Area Plan perhaps something could be done in the interim.

Mr Hamilton spoke of the rural set-up. He said that the scheme had been delayed because of the Area Plan and the Department had to consider whether or not to spend public funds at this time. He suggested that development would come along with the scheme and there could be a waiting period of some three years but if it was longer they would have to do something. He said regarding the stop on the A6 bus route, this matter would have to be considered.

Councillor Kerr said that local people considered this route the link between Maghera town and the A6. This was a major bus stop but they had concerns about safety. He suggested a temporary lighting scheme be considered.

Mr Hamilton said that there had been a recent meeting with landowners regarding this scheme but it was early days yet and he would take these points into consideration.

Councillor G C Shiels said that he had raised this particular matter with Mr McFarlane. He thanked Roads Service for the scheme carried out at 170 Lurgangoose Road to Curran. He enquired about extra lighting on Rocktown Lane and said that something would have to be done to include street lighting at Ballynacross/Quarry Road, Knockloughrim.

Councillor Miss K A Lagan also referred to the situation on the Craigadick Road and the construction was being held up by the Roads Service because of Planning issues. She referred to the safety issues and said that the trees and shrubs were concealing the entrance. There was an increase in the usage of this link road with the town and that the car-park provision on the Craigadick Road was not used as it was hidden by shrubs.

Mr Hamilton said that he had reservations about taking away trees but he would have to reconsider the matter especially if there were safety issues.

Councillor Miss Lagan said it was not lovely big trees but more shrubs and bushes.

Mr Hamilton suggested that perhaps additional lighting might help the situation.

Councillor Miss Lagan said that the situation was a mirror image on the opposite side of the road and requested better visibility and better lighting for this area also.

Mr Hamilton said that this could lead to a major expenditure on the roads network but would consider the issues.

Councillor J Junkin referred to the situation at Castledawson Roundabout and in particular to the two bus stops on the Belfast to Londonderry route. He said that more lighting was required on both sides of the road as those using the bus services were crossing the road in semi darkness.

He also suggested that motorists should not park their cars in the area provided for buses to stop but rather in the parking areas provided at the Roundabout or further along on both sides of the Glenshane Road. He said that when the Maiden City Flyer came along there was no parking area available for it to pull in and often had to stop on the carriageway, which was particularly dangerous especially if it had an extra carriage. Councillor Junkin also referred to the number of motorists who performed U-turns on the Glenshane Road, which was also highly dangerous. He suggested that some better arrangements should be made and that the bus areas be better signed so that motorists would know not to park at these bus stops.

Mr Hamilton said that this was an important issue. He was concerned about U-turns on the A6. He understood why people parked in the bus stop. Those using the bus usually did not arrive until the last minute. To park in the Park and Share car- park was just too far away to walk. He said that Roads Service were considering a Park and Share car-park on the other side of the road on the Castledawson side and one more diagonally opposite on the Castledawson/Toomebridge side. He said that the matter would have to be considered before dualling of the carriageway between Toomebridge and Castledawson Roundabout. He said that the matter would have to be addressed and perhaps something could be done to enhance the lighting. He also stated that a bus stop was required on the A31.

Councillor R A Montgomery said that he was pleased with the new layout of the Roads Service presentation and found it very useful. He said that Church Street, Maghera parking area was in bad condition. Councillor Montgomery also referred to the need for double yellow lines at the Spar Shop in Tobermore and the difficulties for motorists using the A29 and A6. He requested a weight restriction on the Ballynahone Road as many lorries were now using this road because of the weight restriction on the Clooney Road and it was dangerous. Councillor Montgomery said that part of the footpath outside Dreenan’s Transport, Tobermore was now non-existent and the matter required to be sorted out as a number of disabled people used disabled scooters to go to Church and had to move off the footpath onto the road at the corner.

Mr Hamilton said that the enforcement issue was difficult regarding motorists parking on the yellow lines at the Spar shop in Tobermore. He said that this situation would be possibly somewhat different in 2006.

Councillor Montgomery said that the Community Group in Tobermore had met with the PSNI and stated that yellow lines were required at the Spar Shop but nothing happened. The PSNI could not move the people on because there were no double yellow lines. Councillor Montgomery said that unless lines were provided this was an accident waiting to happen.

Mr Hamilton said there should not be an enforcement problem but he would consider the matter again. Regarding the weight issue he enquired if there was structural damage.

The Chairman said that some of these lorries were weighing 40 tonnes and over.

Councillor Montgomery said that the damage to the road was evident.

Mr Hamilton stated that the matter would have to be looked at.

Councillor Montgomery said that regarding maintenance issues at Dreenan’s something was to be done but it did not happen. He understood that Mr Dreenan was amenable to having the situation resolved.

Mr Hamilton thanked Councillor Montgomery for his comments on the report.

Councillor Rev McCrea concurred with the remarks made regarding the Spar Shop at Tobermore. A problem had been raised at a recent DPP meeting regarding the queuing of traffic going from Magherafelt to Castledawson approaching the Castledawson Roundabout and suggested that a signs stating “Queues” would be helpful. He stated that there had been accidents at this point. Councillor McCrea said that he was raising the “hardy annual” on the need for the Magherafelt By-pass which was urgently required. He said that he had attended a presentation at Galgorm Manor recently when Councillors had the opportunity to see a number of options.

He said that if the proposal to dual the carriageway from M22 to Castledawson Roundabout were carried out before the Magherafelt By-pass, then Magherafelt and Castledawson would become chocoblock. It was essential that the By-pass be on schedule as well as duelling. He appealed to the Omagh Office of the Roads Service to press the Government for funding for this urgently required by-pass.

Mr Hamilton said that the erection of a sign indicating queues of traffic on the A31 could be attended to. He suggested that perhaps friction surfacing could also be considered.

Magherafelt By-pass was a much bigger issue and other transport plans in Northern Ireland were of higher importance. He referred to the three strategies contained in the Regional Transport Strategy:

1 The Belfast Metropolitan Area Plan which impinged indirectly on Magherafelt 2 Regional Strategic Transport Network Plan – trunk roads – A6 dual link which was still in the process of being developed. 3 Draft Plan Impact Assessment

Mr Hamilton said that the Magherafelt By-pass was in the 10-12 year framework. The first five year would advance all the schemes within the process. He thanked the Council and Councillors for the pressure they had placed on the Government for funding to provide a by-pass for Magherafelt.

He said that the acceleration lane between the Curran Road and Maghera had just been completed and hoped that this might help the situation. He said that corridors such as the A31 Moneymore Road were linked in with Translink’s Strategic Key Transport Corridor Plan.

Mr Hamilton said that the plan for local rural schemes had been extended from 10 years to 12 years and made suggestions as to what could be included in the plan. He suggested Lough Neagh Cycling, traffic calming, gateways to villages, cycling and walking issues. The additional two years rolling programme would be very rigid with no flexibility. He hoped that consultation with Councils and Chambers of Commerce would continue. 13

Councillor Rev McCrea said that the Council was sending the message to the Department and Government that the timing was wrong regarding the By-pass. Economic development in both Magherafelt and Cookstown was being destroyed and time was of the essence. For thirty-two years since he came to the Council, Magherafelt Council and he had been lobbying for a Magherafelt Bypass. Other Councils had got by-passes, etc yet Magherafelt had been treated unacceptably on this matter.

Councillor J A McBride said that Magherafelt By-pass was a priority. He welcomed the granting of the 40 mph speed limit beyond the 30 mph speed limit on the Ballyronan Road, Magherafelt. He requested more lighting on the Castledawson Road, Magherafelt at Milltown Chapel and the local GAC football pitch. Councillor McBride requested that traffic calming be considered within estates in Magherafelt town, for example, Killowen and Rainey Court. He referred to the number of dangerous junctions on minor roads within the District which had become hazardous because of the increase in traffic over the years and asked that these unclassified roads would not be ignored.

Mr Hamilton assured the Councillors that the Council’s priorities would be taken on board by Roads Service.

Councillor G C Shiels supported Councillor Rev McCrea’s plea for the by-pass around Magherafelt. He said that the Toomebridge by-pass had not been fully utilised. He referred to him being on a coach trip to Stormont recently and stated that 40% of the traffic coming from Belfast and Londonderry still travelled through Toome and the traffic situation was just as heavy as it was some five years ago. The speed limit past ‘The Elk’ was down to 20 mph and this continued until the Castledawson Roundabout.

Mr Hamilton said that he would take on board the Councillors comments regarding the Magherafelt by-pass but requested that the Council kept “hammering away” at a higher level. He said that it was hoped that the duelling from Toomebridge to Castledawson Roundabout would mean that traffic could reach Castledawson quicker. He quoted that there were some 25,000 to 26,000 vehicles per day using the A6 and A31 roads.

14 Councillor Shiels reiterated that the bottleneck was from ‘The Elk’ right to Magherafelt.

Councillor J F Kerr requested that the number of roads which was gritted during winter might be extended. He said that of recent years there appeared to be less days of ice and snow and asked the resources saved should be spent on salting more rural roads.

Mr Hamilton outlined the expenditure used to grit roads throughout Northern Ireland and this changed each year. If the Department saved any money on winter gritting it was targeted to other schemes, the money did not sit unused.

Councillor J Junkin said that he had served some twenty-four years in the Council, not as long as Councillor Rev McCrea and Magherafelt By-pass had always been considered a priority.

Councillor Rev McCrea then proposed that Magherafelt By-pass should be carried out in parallel with the duelling of the carriageway from Toome to Castledawson Roundabout.

Councillor Junkin said he would support Councillor Rev McCrea in requesting Roads Service to take this issue on board.

Accordingly, it was

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

RESOLVED: that the Council request Roads Service to take on board the construction of the Magherafelt By-pass in parallel with the duelling of the carriageway from Toome to Castledawson Roundabout.

The representatives from Roads Service retired from the meeting at 8.45 pm.

5. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 10 November to 14 December 2004 (copy circulated to each 210/12/2004 Member).

5.1 Mr Glendinning stated that during the period of the report forty-two applications had been recommended for approval. A total of eighty applications required amending by architects and agents before granting approval. There were nine notices and one regularisation issued.

5.1.1 Sixty-two application had commenced on site and twenty-eight applications were found to be complete in accordance with Building Regulations.

5.1.2 Councillor J Junkin stated that a number of people had approached him commending the Building Control Department and in particular regarding the number of houses being built and how quickly Building Control staff attended to inspections on site and to their professionalism. He asked Mr Glendinning to pass this on to his staff.

5.2 On consideration it was

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

RESOLVED: to adopt the report as submitted.

6. NAMING AND Consideration was given to the naming and NUMBERING OF numbering of houses on a lane at Brough Road, STREETS Castledawson. The name suggested was “The Cairns”. PN117/12/04 On consideration it was

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

RESOLVED: to name the houses on the lane at Brough Road, Castledawson, “The Cairns”.

7. ENTERTAINMENTS Submitted the following applications for LICENCES Entertainment Licences, which were recommended for approval. 16

E. 1 The Terrace Hotel 42-48 Church Street, Magherafelt

E 2 Moyola Park FC Castledawson

E. 3 O’Donovan Rossa GAC Castledawson Road, Magherafelt

E. 5 McKenna’s Bar 35 Main Street, Bellaghy

E. 6 The Hogan Stand 32 Moneyneany Road, Draperstown

E. 9 Regan’s Bar 19 Hall Street, Maghera

E. 15 Watty Graham’s Social Club Tirkane Road, Maghera

E. 17 St. Mary’s Hall Tamlaghtduff Park, Bellaghy

E. 18 The Coachman Inn 58 Rainey St, Magherafelt

E. 19 Royal British Legion 67 Kilrea Road, Upperlands

E. 20 The Hawthorne Inn 54 Kilrea Road, Portglenone

E. 22 The Market Tavern Rainey Street, Magherafelt

E. 23 First Presbyterian Church Hall Meeting Street, Magherafelt

E. 24 St. Patrick’s Club 24 King Street, Magherafelt

E. 30 The Market Inn 25 St Patrick’s Street, Draperstown

E. 33 The Johnston Hall Rainey School, Rainey St. Magherafelt

E. 34 Glen AOH Community Hall 189 Glen Road, Maghera 17

E. 36 Cosy Corner Bar 68 Gulladuff Road, Magherafelt

E. 38 The Back Door Bar 33 Lower Main Street, Maghera

E. 40 Dorman’s Bar – The Opera 17 Queen Street, Magherafelt

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

E. 43 Downey’s Bar 26 Queen Street, Magherafelt

E. 49 Walsh’s Hotel 53 Main Street, Maghera

E. 50 The Thatch Inn Hillhead Road, Castledawson

E. 52 McGurk’s Bar 19 Moneyneena Road, Draperstown

E. 54 Gardiners 7 Garden Street, Magherafelt

E. 56 McAllister Bar & Lounge 76b Sixtowns Road, Draperstown

E. 59 The Flax Inn 27 King Street, Magherafelt

E. 61 St. John’s Hall 49 King Street, Magherafelt

E. 62 Magherafelt Masonic Hall Hospital Road, Magherafelt

E. 63 The Linenhall Centre 67 Kilrea Road, Upperlands

E. 68 St Mary’s Parochial Hall Knocknagin Road, Desertmartin

E. 78 Magherafelt High School – Assembly Hall 20 Moneymore Road, Magherafelt

E. 88 McMasters Bar 27-29 Main Street, Maghera 18

E. 89 Maghera High School – Assembly Hall 30 Tobermore Road, Maghera

E. 90 St Colm’s High School 2 Magherafelt Road, Draperstown

E. 97 Mary’s Bar & Lounge 10-12 Market Square, Magherafelt

E.110 McKenna’s Bar 2 Glen Road, Maghera

E.116 Islandhill AOH Hall 189 Glen Road, Maghera

E.120 The Rafter’s Bar 2-4 Kilrea Road, Swatragh

E.134 Town and Country Inn 24-28 Union Road, Magherafelt

E.140 St Martin’s GAC 51 Longfield Road, Desertmartin

6.1 On consideration it was

PROPOSED by Councillor S. O’Brien Seconded by Councillor P F Kerr, and

RESOLVED: that the applications as submitted be approved.

8. STREET TRADING The following applications were submitted for LICENCES Street Trading Licences – Stationary Traders which were in order and recommended for approval:

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

ST 11 Mr Wayne Megaw 323 Mountjoy Road, Stewartstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 26 Mr Zahid Gulzar 58 Knockmoyle Drive, Antrim Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 32 Mr William Megaw 323 Mountjoy Road, Stewartstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 36 Mr Isaac H Gary 40 Beechway, Cookstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 38 Mr Paul Singh 10 Chichester Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 56 Mr Terry Corrigan 22 Lurgaboy Lane, Dungannon Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 69 Mr Gary Gurmet Singh 653 Antrim Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 86 Mr Shane Madden 10 Killybearn Lane, Cookstown Car-park and lay-by adjacent to the Coleraine Road, Maghera

ST 2 Mr James Evans 27 Ballyronan Road, Magherafelt Central Reservation, Market Square, Magherafelt

ST 3 Mr Thomas David Parks 12 Charlestown Villas, Derrytrasna, Lurgan Central Reservation, Market Square, Magherafelt

ST 5 Mr Isaac H Gray 40 Beechway, Cookstown Central Reservation, Market Square, Magherafelt

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

ST 93 Mr Thomas Winters 7 Oakland Avenue, Dungannon Central Reservation, Market Square, Magherafelt

ST 10 Ms Olive Isabel Burns 132 Glen Road, Maghera Lay-by at Glenshane Road, Maghera

ST 12 Mr David Service 1 Riverside North, Castledawson Lay-by adj to Moyola Bridge, Maghera Road, Tobermore

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

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

8.1 On consideration it was

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

RESOLVED: that the applications as submitted for Stationary Trading be approved.

8.2 Submitted two Street Trading Licence applications - Mobile Traders which were in order and recommended for approval:-

M 1 Mr Gerry Lynn 9 Whitehill Drive, Randalstown All towns and villages in District

M 2 Mr Patrick McCullagh Lane View, Loughmacrory, Co Tyrone Magherafelt

8.2.1 On consideration it was

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

RESOLVED: that the applications as submitted for Mobile Trading be approved.

9. PLANNING SERVICE 9.1 Application H/2003/0760/O – MANAGEMENT BOARD Mr H Leacock:

184/12/2004 Councillor G C Shiels requested that the submission to be made for this application be deferred for a further month. Councillor Shiels said that new drawings were to be submitted since the last meeting had taken place. Ms Dickson said she had received no submission

Noted.

10. PLANNING SERVICE 10.1 Councillor J F Kerr asked to speak for a few moments before the planning item began. He 185/12/2004 referred to the fact that there were 214 applications of which118 were refusals, that is, 55% of the refusals, 58% had been refused on grounds associated with the Draft Area Plan.

The Chief Executive said that Councillor Miss Lagan at the last meeting had raised an emergency motion requesting that Mr. Ferguson attend a meeting of the Council to discuss the implications of the Draft Area Plan. He further advised that as had been discussed at matters arising, Mr Ferguson would attend the meeting to be held on 11 January 2005.

Councillor Rev Dr R T Wm McCrea said that there were too many applications being refused because of the Draft Area Plan and that this couldn’t go on. It was pointless in attending site meetings in circumstances where the Draft Magherafelt Area Plan was quoted as a reason for refusal. Mr. Ferguson had to speak to Councillors on the matter.

Councillor Miss K A Lagan referred to the Schedule of applications recommended for refusal solely on the grounds of the Draft Magherafelt Area Plan, said that it was more serious that twelve applications had been received and should have 22 been processed before the Draft Area Plan was even published. She said that if the Planning Service had been operating to its target of assessing applications within 8 weeks of receipt, those applications would have been recommended for approval.

Councillor J F Kerr said that the Council needed direction.

Councillor Rev Dr R T Wm McCrea stated that Mr Ferguson would be able to comment on these issues when he attended the next Council Meeting on January 2005.

The Chief Executive stated that the Members should remember that the Planning Services representative at the meeting, Mrs Dickson was not personally responsible for the uncertainty caused by the Draft Magherafelt Area Plan.

The Chief Executive further suggested that the Members consider requesting that all applications recommended for refusal on the basis of the Draft Magherafelt Area Plan be deferred for one month to allow for discussion with Mr Ferguson. This was unanimously agreed to although some members reserved the rights to request a site/office meeting in those circumstances where other reasons for refusal could usefully be discussed.

10.2 Submitted the Divisional Planning Service’s report dated 14 December 2004 (copy circulated to each Member).

10.2.1 New Applications:

H/2003/0912/F – Mr F McCullagh Deferred for one month – Draft Area Plan

H/2003/0955/O – Mr J Booth Deferred for one month – Draft Area Plan

H/2003/01154/O – Mr J Quigg Approval.

H/2003/1157/O – Mr J O’Brien Deferred for one month – Draft Area Plan

H/2003/1259/O – Mr C Diamond Deferred for one month – Draft Area Plan

H/2003/1313/O – D Meehan Deferred. Site Meeting to be arranged. Councillor J A McBride to attend.

H/2003/1314/F – F Meehan Deferred. Site Meeting to be arranged. Councillor J A McBride to attend.

H/2003/1330/O – Mr T McCann Deferred. Site Meeting to be arranged. Councillors O T Hughes and P E McErlean to attend.

H/2003/1401/O – Mr P McKee Approval.

H/2003/1410/O – G Wallace Approval.

H/2003/1419/O – Mr G Watters Deferred. Site Meeting to be arranged. Councillor Miss K A Lagan to attend.

H/2003/1436/F – Mrs M Knox Approval

H/2003/1465/O – J Doherty Deferred for one month – Draft Area Plan

H/2003/1500/O – Miss P Lagan Deferred for one month – Draft Area Plan

H/2003/1530/O – Mr S Walls Deferred for one month – Draft Area Plan

H/2003/1536/F – Mr A Brown Approval.

H/2004/0003/F – Mr T O’Kane Approval.

H/2004/0022/O – Mr D Dawson Approval.

H/2004/0038/O – K Tohill Deferred for one month – Draft Area Plan

H/2004/0057/O – Mr P Lagan Approval.

H/2004/0063/O – S Cuddy Approval

24 H/2004/0071/O – Mr T McGonigle Deferred. Site meeting to be arranged. Councillor J J McPeake to attend.

H/2004/0077/F – S Murray Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2004/0078/O – Mr G Cole Deferred for one month – Draft Area Plan

H/2004/0079/O – Mr J Kempton Deferred. Site meeting to be arranged. Councillors G C Shiels, R A Montgomery and T J Catherwood to attend.

H/2004/0081/F – S Murray Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2004/0088/O – Mr P Crozier Deferred. Site meeting to be arranged. Councillors J J McPeake and J A McBride to attend.

H/2004/0101/O – Mr C Scullion Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0116/F – Mr P Cassidy Approval.

H/2004/0122/O – Mr H Cowan Deferred for one month – Draft Area Plan

H/2004/0124/O – Mr H Cowan Deferred for one month – Draft Area Plan

H/2004/0128/O – Mr P Mallon Deferred for one month – Draft Area Plan

H/2004/0129/O – Mr S Mallon Deferred for one month – Draft Area Plan

H/2004/0132/O – McElhone Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2004/0133/O – Mr Murray 25 Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2004/0188/O – Mr D O’Neill Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0195/O – Mr M Groogan Deferred for one month – Draft Area Plan

H/2004/0224/F – Mr D McKeague Approval.

H/2004/0230/O – T Quinn Deferred. Site meeting to be arranged. Councillors J A McBride to attend.

H/2004/0242/R – Mr T Rainey Approval

H/2004/0255/O – Mr M Bradley Deferred for one month – Draft Area Plan

H/2004/0260/F – R Hurl Deferred for one month – Draft Area Plan

H/2004/0262/O – Mr S Young Deferred for one month – Draft Area Plan

H/2004/0275/O – D Laverty Deferred. Site meeting to be arranged. Councillors P H McErlean and O T Hughes to attend.

H/2004/0277/O – D Hanna Deferred. Site meeting to be arranged. Councillor Miss K A Lagan to attend.

H/2004/0283/O – J Costello Deferred for one month – Draft Area Plan

H/2004/0289/O – Fermac Properties Ltd. Approval.

H/2004/0296/O – Mr A Clerkin Deferred for one month – Draft Area Plan

H/2004/0306/O; H/2004/0307O & H/2004/0308/O – Mr B Keilt Deferred. Site meetings to be arranged. Councillors H E Mullan and J A McBride to attend. 26

H/2004/0316/O – Mr B McKenna Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and J F Kerr to attend.

H/2004/0319/O – Mr J Crilly Deferred. Site meeting to be arranged. Councillors H E Mullan and J F Kerr to attend.

H/2004/0330/O – Mr J Cuskeran Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0336/O – Mulholland Deferred. Site meeting to be arranged. Councillors O T Hughes to attend.

H/2004/0340/F – K Tylor Deferred for one month – Draft Area Plan

H/2004/0342/O – Mr Conway Deferred for one month – Draft Area Plan

H/2004/0349/O – Fulton Deferred for one month – Draft Area Plan

H/2004/0350/O – Mr F Doyle Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2004/0354/O – Mr Gilmore Deferred for one month – Draft Area Plan

H/2004/0355/F – Mr R Ferguson Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm McCrea to attend.

H/2004/0356/F – Mr Espie Deferred for one month – Draft Area Plan

H/2004/0363/O – M Cassidy Deferred. Site meeting to be arranged. Councillor H E Mullan to attend.

H/2004/0367/F – N Menary Deferred for one month – Draft Area Plan

H/2004/0369/O – Mr E Corbett Approval.

H/2004/0370/O – Mr D Mawhinney Deferred for one month – Draft Area Plan

H/2004/0373/O – D Morrow Approval

H/2004/0387/O – P Noonan Deferred for one month – Draft Area Plan

H/2004/0390/O – J Kelly Withdrawn at the request of The Chairman, Councillor P E Groogan

H/2004/0391/O – M Kavanagh Withdrawn at the request of The Chairman, Councillor P E Groogan

H/2004/0392/O – J McGrogan Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and J J McPeake to attend.

H/2004/0393/O – M Hasson Deferred. Site meeting to be arranged. Councillor O T Hughes to attend.

H/2004/0394/O – R McCrystal Deferred. Site meeting to be arranged. Councillors S O’Brien and R A Montgomery to attend.

H/2004/0397/O – R. Warwick Deferred. Site meeting to be arranged. Councillors Rev Dr R T Wm McCrea and T J Catherwood to attend.

H/2004/0404/F– McAteer & Hargan Accountant Approval

H/2004/0407/O – F McErlean Approval.

H/2004/0408/F – P Clarke Approval.

H/2004/0410/O – S P McKee Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and J F Kerr to attend.

H/2004/0414/O – D Hepburn Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and J A McBride to attend.

H/2004/0416/F – G Convery Approval.

H/2004/0419/F – Mr L O’Kane Approval.

H/2004/0422/O – Miss C McGurk Deferred. Site meeting to be arranged. Councillor R A Montgomery to attend.

H/2004/0424/O – R Leslie Defer for one month – Draft Area Plan

H/2004/0428/O – Mr R J Mawhinney Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm. McCrea to attend.

H/2004/0434/F – Mr McFall Deferred. Site meeting to be arranged. Councillor O T Hughes to attend.

H/2004/0435/O – Mr R J Mawhinney Deferred for one month – Draft Area Plan

H/2004/0439/O – Mr M McCamphill Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and O T Hughes to attend.

H/2004/0440/O – Mr C Devlin Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0441/O – Mrs B McNamee Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0443/O – Mr M Fulton Approval.

H/2004/0446/O – Mr Savage Approval.

H/2004/0447/O – Mr W R Savage Approval.

H/2004/0449/F – J J M Properties Approval.

H/2004/O450/O – Mr K McKenna Deferred. Site meeting to be arranged. Councillor Miss K A Lagan to attend.

H/2004/O458/O – Mr D Clarke Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm. McCrea to attend.

H/2004/0463/O – Mr H Glackin Deferred. Site meeting to be arranged. Councillor O T Hughes to attend.

H/2004/0465/O – R Derby Deferred for one month – Draft Area Plan

H/2004/0472/O – T Rankin Deferred. Site meeting to be arranged. Councillors J J McPeake and J P O’Neill to attend.

H/2004/0476/F – Mr P O’Hagan Approval.

H/2004/0477/O – Mr C Trainor Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0478/F – M Rea Approval.

H/2004/0479/O – Mr D Steel Deferred. Site meeting to be arranged. Councillor J Junkin to attend.

H/2004/0482/O – Mrs M Scott Deferred for one month – Draft Area Plan

H/2004/0486/O – Mr F Lennox Deferred for one month – Draft Area Plan

H/2004/0487/O – Mr M Riches Approval.

H/2004/0495/O – Mr O Heron Approval.

H/2004/0501/O – Ms S McKay Deferred. Site meeting to be arranged. Councillor J J McPeake to attend.

H/2004/0504/O – Mr D McKay Deferred. Site meeting to be arranged. Councillors J J McPeake and J P O’Neill to attend.

H/2004/0505/F – Mr M Wilson Approval.

H/2004/0506/O – Muldoon Approval.

H/2004/0509/O – C McKee Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm. McCrea to attend.

H/2004/0513/O – T Scullion Deferred. Site meeting to be arranged. Councillor J F Kerr to attend.

H/2004/0514/O – Mr D McClelland Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm. McCrea to attend.

H/2004/0515/O – E McAtamney Deferred. Site meeting to be arranged. Councillors H E Mullan and J F Kerr to attend.

H/2004/0519/O – Mr H Stewart Deferred. Site meeting to be arranged. Councillors J Junkin and T J Catherwood to attend.

H/2004/0535/R – Mr N McNally Approval.

H/2004/0545/O – Mr H Dougan Approval.

H/2004/0546/O – McErlean Deferred. Site meeting to be arranged. Councillors J Junkin and J P O’Neill to attend.

H/2004/0547/O – Mr P Steele Approval.

H/2004/0553/F – Mr E Watterson Approval.

H/2004/0554/O – L Lagan Approval.

H/2004/0559/O – Mr T McErlean Deferred. Site meeting to be arranged. Councillors O T Hughes and P H McErlean to attend.

H/2004/0560/O – Mr J Lennox The Planning Officer advised the Members that this application had been withdrawn.

H/2004/0565/O – Mr J Kealey Deferred for one month – Draft Area Plan 31

H/2004/0567/O – Mr McErelan Deferred. Site meeting to be arranged. Councillors S O’Neill and O T Hughes to attend.

H/2004/0582/O – Mr L McKenna Deferred. Site meeting to be arranged. Councillors Miss K A Lagan and J F Kerr to attend.

H/2004/0583/O – Mrs K McKenna Deferred for one month – Draft Area Plan

H/2004/0586/O – Mr D Kealey Deferred for one month – Draft Area Plan

H/2004/0587/O – Mr R Derby Deferred for one month – Draft Area Plan

H/2004/0590/O – Mr W Drennan Approval.

H/2004/0596/O – Mr T Seffen Approval.

H/2004/0602/F – Bancran Construction Ltd Approval.

H/2004/0605/O – Cassidy Brothers Deferred. Site meeting to be arranged. Councillors J J McPeake, S O’Brien and J A McBride to attend.

H/2004/0606/O – Mr S Larkin Deferred for one month - Draft Area Plan.

H/2004/0622/F – Cloane Construction Ltd Approval.

H/2004/0649/O – Mrs C V Averell Approval.

H/2004/0653/O – Mr Doyle Deferred for one month – Draft Area Plan

H/2004/0661/O – Mr G Bodkin Deferred for one month – Draft Area Plan

H/2004/0663/O – Mrs Campbell Approval.

H/2004/0665/O – Mr B McGeehan Approval.

H/2004/0666/O – S McConvill Deferred for one month – Draft Area Plan

H/2004/0667/F – K Regan Approval.

H/2004/0678/F – Mr R Mulholland Deferred for one month – Draft Area Plan

H/2004/0682/O – Mr A McGuigan Approval.

H/2004/0693/O – Mr Bruce Deferred. Site meeting to be arranged. Councillor Rev Dr R T Wm. McCrea to attend.

H/2004/0696/O – Mr J Henderson Deferred. Site meeting to be arranged. Councillor R A Montgomery to attend.

H/2004/0705/O – Mr Agnew Approval.

H/2004/0716/O – Mr F Hughes Approval.

H/2004/0729/O – M Kilpatrick Deferred. Site meeting to be arranged. Councillors P H McErlean and O T Hughes to attend.

H/2004/0732/O – S Bowman Approval.

H/2004/0733/O – Mr C Mulholland Approval.

H/2004/0738/O – Mrs G McKillion Deferred for one month – Draft Area Plan

H/2004/0745/O – P McEldowney Approval.

H/2004/0750/O – Mr B McCloskey Deferred. Site meeting to be arranged. The Chairman, Councillor P E Groogan to attend.

H/2004/0751/O – B McNally Approval.

H/2004/0781/O – P McEldowney Deferred for one month – Draft Area Plan

H/2004/0782/O – A McEldowney Deferred for one month – Draft Area Plan

H/2004/0799/F – D Dripps Approval.

H/2004/0815/F – Mr K Moore Approval.

H/2004/0821/F – M O’Loughlin Approval.

H/2004/0822/F – B Cunning Approval.

H/2004/0829/F – Miss B McKrenon Approval.

H/2004/0847/F – P Donnelly Deferred. Site meeting to be arranged. Councillors Miss K A Lagan, J F Kerr and Rev Dr R T Wm McCrea to attend.

H/2004/0880/R – Mr S Rea Approval.

H/2004/0918/R – Mr D Loane&Miss M O’Kane Approval.

H/2004/0919/F – Younger Homes Ltd Deferred for one month for additional information at the request of Councillor Miss K A Lagan.

H/2004/0956/F – NIE Approval.

H/2004/0958/F – Mr P Mulholland Approval.

H/2004/0978/F/0979/L/0980/L/0981/F – Ulster Bank Ltd Deferred for one month

H/2004/0992/R – S McBride Approval.

H/2004/1005/F – Integrated Utility Services Approval.

H/2004/1016/O – W Garvin Deferred for one month – Draft Area Plan

H/2004/1020/RM – Mr & Mrs Breen Approval.

H/2004/1031/RM – Mr & Mrs P Scott Approval.

H/2004/1046/RM – Mr J O’Kane Approval.

H/2004/1053/RM – Mr P McAllister Approval.

H/2004/1055/RM – Mr & Mrs S Convery Approval.

H/2004/1081/F – Mr & Mrs T Doherty Deferred. Site meeting to be arranged. Councillor P H McErlean to attend.

H/2004/1144/RM – D Lee Approval.

H/2004/1151/F – Mr F Gibson Deferred for one month – Draft Area Plan

H/2004/1165/F – Mr & Mrs T Beattie Approval.

H/2004/1167/F – I McEldowney Approval.

H/2004/1180/F – Mr R O’Neill Approval.

H/2004/1190/F – Tobermore Concrete Products Approval.

H/2004/1198/F – O P Cassidy Approval.

H/2004/1201/F – Mr L Robinson Approval.

H/2004/1203/RM – Mr S Lee Approval.

H/2004/1204/F – Mr & Mrs Mulholland Approval.

H/2004/1205/RM – C McIvor Approval.

H/2004/1207/F – Mr & Mrs B Dunlop Approval.

H/2004/1213/RM – T Kerr Approval.

H/2004/1219/F – Mr C McGuckin Approval.

H/2004/1222/RM – Doyle Approval.

H/2004/1232/F – Mr S Gallagher Approval.

H/2004/1246/F – Mr Breslin Approval.

H/2004/1247/F – Donnelly Approval.

H/2004/1261/F – Mr R Paul Approval.

H/2004/1266/F – Mrs D Kelly Approval.

H/2004/1267/F – The Trustees – St Eoghans PS Approval.

H/2004/1278/F – Mr P Hughes Approval.

H/2004/1284/A – Mr G Andrews Approval.

H/2004/1286/F – S Brooks Esq Approval.

H/2004/1293/F – C McErlean Approval.

H/2004/1299/F – Mr & Mrs N Evans Approval.

H/2004/1301/F – NEELB Approval.

H/2004/1311/F – N McCusker Deferred. Site meeting to be arranged The Chairman Councillor P E Groogan to attend.

H/2004/1313/O – Mr A Mulholland Approval.

H/2004/1324/RM – Mr E Fulton Approval.

H/2004/1326/F – NIE Approval.

H/2004/1327/RM – J Mooney Approval.

H/2004/1391/F – Messrs J & M Dowds & M McAtamney Approval.

16.2.2 Applications Deferred from Previous Meeting:

H/2002/1155/O – Mr J Kirk Councillor Rev Dr R T Wm McCrea requested three weeks to withdraw or refusal issued.

H/2003/0158/O – c/oA - Three Arch Design Planning Councillor Rev Dr R T Wm McCrea requested three weeks to withdraw or refusal issued.

H/2003/0217/F – Mr J Downey Councillor J A McBride informed the Council that this application was withdrawn.

H/2003/0295/O – Mr T Rainey Deferred. Councillor Rev Dr R T Wm McCrea said that this application had been granted approval in December 2003, which should have been issued within 14 days. He had reviewed the fild on this application and noted that in January 2004 an objection was received and the application had subsequently reappeared on the planning schedule in August 2004. The application was again listed for refusal on the current schedule. Councillor Rev McCrea said that this was a case of maladministration and requested that the application be deferred to allow time to make further representation to the Department.

H/2003/0524/O – Mr J Kelso Councillor Rev Dr R T Wm McCrea requested three weeks to withdraw or refusal issued.

H/2003/0555/O – Mr H Cassidy Deferred for one month on the request of Councillor O T Hughes.

H/2003/0595/O – Mr H Graham Deferred. Councillor Rev Dr R T Wm McCrea requested this application be deferred for one month as the issue of the Draft Area Plan is involved.

H/2003/0625/O – Mr S Johnston Deferred for one month – Draft Area Plan

H/2003/0629/F – Mr I Millar Deferred. It was

PROPOSED by Councillor J Junkin Seconded By Councillor T J Catherwood, and

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 11 January 2004.

H/2003/0649/O – Mr S Hamilton Deferred for one month – Draft Area Plan

H/2003/0677/O – Mr D McGrogan The Planning Officer informed the Members that the Planning Service wished to withdraw this application from the Schedule, as some issues in relation to the Draft Area Plan had been overlooked. She also informed the Members that she would inform the Applicant and Agent. Councillor J A McBride said that he would be highlighting withdrawals such as this at the next meeting of the Council with Mr. Ferguson.

H/2003/0697/O – Mr S O’Neill Deferred for one month on the request of Councillor O T Hughes.

H/2003/0765/O – Mr G Gordon Councillor J Junkin requested three weeks to withdraw or refusal issued.

H/2003/0769/O – S Dougan The Planning Officer informed the Members that the Planning Service had withdrawn this application from the Schedule to consider further information.

H/2003/0809/O – Mr O Young Councillor O T Hughes requested that this application be withdrawn.

H/2003/0815/O – Mr L Lagan Councillor Miss K A Lagan requested that this application be withdrawn.

H/2003/0847/O – Mr M McGurk Deferred for one month on the request of Councillor R A Montgomery.

H/2003/0852/O – J McCann Deferred for one month – Draft Area Plan

H/2003/0921/O – Mr S Murphy Deferred for one month – Draft Area Plan.

H/2003/0942/O – E McCloskey, Esq Deferred for one month – Draft Area Plan.

H/2003/0958/O – Mr I Watterson Deferred for one month – Draft Area Plan.

H/2003/1005/O – Mr A Mawhinney Approval.

H/2003/1021/O – M Kelly Refusal. The Planning Officer requested that the first reason for refusal be removed. Councillor Miss Lagan stated that the applicant wished to proceed to Planning Appeal.

H/2003/1025/F – Mr G Ward Deferred for one month on the request of Councillor P H McErlean.

H/2003/1032/O – Mr G McCloy Deferred. Councillor Miss K A Lagan requested an office meeting.

H/2003/1061/F – M Birt Approval.

H/2003/1066/O – Mr T Halferty Deferred. Councillor J J McPeake requested an office meeting.

H/2003/1069/O – P McGuigan Councillor Miss K A Lagan requested three weeks to withdraw or refusal issued.

H/2003/1085/O – Mr D O Connell Councillor J A McBride requested three weeks to withdraw or refusal issued.

H/2003/1095/O – Mr G McAllister Deferred. Councillor J A McBride requested an office meeting.

H/2003/1098/O – Mr R Hammond Deferred for one month – Draft Area Plan.

H/2003/1101/O – Mr R Mulholland Deferred for one month – Draft Area Plan.

H/2003/1102/O – Mr R Mulholland Deferred for one month – Draft Area Plan.

H/2003/1125/O – F Rafferty Deferred. Councillor J J McPeake requested an office meeting.

H/2003/1126/O – A Dougan Deferred. It was

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

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 11 January 2004.

H/2003/1138/O – P Hughes Deferred for one month – Draft Area Plan

H/2003/1171/O – A Dougan Deferred. It was

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

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 11 January 2004.

H/2003/1172/O – Mr F Walls Deferred. Councillor O T Hughes requested an office meeting.

H/2003/1191/O – Mr S Murphy Deferred for one month on the request of Councillor Miss K A Lagan. 40

H/2003/1196/O – Mr S Murphy Deferred for one month on the request of Councillor Miss K A Lagan.

H/2003/1191/O – Mr S Murphy Deferred for one month – Draft Area Plan

H/2003/1201/O – Mr A Mawhinney Deferred for one month - Draft Area Plan

H/2003/1202/O – Mr A Mawhinney Deferred for one month - Draft Area Plan

H/2003/1205/O – Mr A Mawhinney Deferred for one month - Draft Area Plan

H/2003/1206/O – Mr M Gallagher The Planning Officer advised the Members that the Department had withdrawn this application for further consideration.

H/2003/1210/O – A Kearney Approval

H/2003/1211/O – S Kearney Approval

H/2003/1218/O – J Kirk Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1229F – M Clarke Deferred. It was

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

RESOLVED: that a submission be made to the Planning Service Management Board at the next meeting of the Council to be held on Tuesday 11 January 2004.

H/2003/1235/O – Mr P McCullagh Deferred for one month on the request of Councillor Miss K A Lagan.

H/2003/1241/O – Mr J McCartney Deferred for one month - Draft Area Plan

H/2003/1255/O – Mr N & M Downey Councillor O T Hughes said that this application had been withdrawn

H/2003/1246/O – Mr N & M Downey Councillor O T Hughes said that this application had been withdrawn

H/2003/1247/O – Mr J Diamond Deferred for one month - Draft Area Plan

H/2003/1255/O – Mr W Love Deferred for one month - Draft Area Plan

H/2003/1261/O – Planning Direct Ltd Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1262/O – Planning Direct Ltd Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1265/O – Mr J Bradley Deferred for one month - Draft Area Plan

H/2003/1274/O – Mr L Diamond Approval

H/2003/1301/O – K Murry Deferred for one month - Draft Area Plan

H/2003/1321/O – C Heron Deferred for one month - Draft Area Plan

H/2003/1331/O – H Kelly Councillor Miss K A Lagan requested three weeks to withdraw or refusal issued.

H/2003/1336/O – PRH Construction Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1415/O – Mr & Mrs S Convery Deferred for one month - Draft Area Plan

H/2003/1421/O – Mr J Kelso Deferred. Councillors T J Catherwood, J Junkin and Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1423/O – Mr J Kelso Deferred. Councillors T J Catherwood, J Junkin and Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1430/O – Mr M Bradley Refusal. It was

PROPOSED By Councillor S O’Brien Seconded by Councillor J F Kerr, and

RESOLVED: that this application proceed to Planning Appeal.

H/2003/1439/O – Mr Murphy Deferred. Councillor J A McBride requested an office meeting.

H/2003/1445/O – Mr F Porter Approval.

H/2003/1446/F – Bellaghy GAC Deferred for one month - Draft Area Plan

H/2003/1449/O – Mr J O’Connor The Chairman, Councillor P E Groogan requested an office meeting

H/2003/1455/O – D Steele Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1466/O – R Milne Deferred for one month - Draft Area Plan

H/2003/1467/O – Mr M McEldowney Deferred. Councillors Miss K A Lagan and J F Kerr requested an office meeting.

H/2003/1488/O – Mr P McErlain Approval.

H/2003/1499/O – Mr J Gillen Deferred. Councillor J A McBride requested an office meeting.

H/2003/1504/F – F P McCann Dev Ltd Deferred. Councillor J A McBride requested an office meeting.

H/2004/0019/F – R Taylor Deferred. Councillors T J Catherwood and Rev Dr R T Wm McCrea requested an office meeting.

H/2004/0028/F – S Downey Approval.

H/2004/0069/F – S Cousley Deferred. Councillor J A McBride and Rev Dr R T Wm. McCrea requested an office meeting.

H/2004/0285/O – Estate of J Donnelly Deferred for one month - Draft Area Plan

H/2004/0286/O – O O’Neill Approval.

H/2004/0406/O – P Clarke Approval.

H/2004/0520/F – Mr F McCloskey Deferred. The Chairman, Councillor P E Groogan requested an office meeting.

It was

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

RESOVLED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 14 December 2004, subject to the above conditions and amendments.

The Planning Officer retired from the meeting at 9.30 p.m.

10.1 Submitted letter from The Planning Service Headquarters advising of two new Statutory Rules which had come into operation on 29 November 2004 (copies circulated to each Member). The Statutory rules were:-

• Planning (Use Classes) Order (NI) 2004

• Planning (General Development) (Amendment) Order (NI) 2004

Noted.

11. ENVIRONMENTAL Submitted report for the month of November HEALTH 2004 (copy circulated to each Member). The DEPARTMENT following matters were taken into consideration:

196/12/2004

11.1 Food Safety (General Food Hygiene (Amendments) Regulations (NI) 2001 Mr Burrows advised that the above regulations required all butchers shops and other premises selling unwrapped raw meat and ready to eat food to the final consumer must be licensed.

11.1.1 An inspection of the premises named below met the required standard and Mr Burrows recommend that their butcher’s licence be renewed for a further year.

11.1.2 It was

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

RESOLVED: that the following premises have their Butchers Licence renewed for a further year:-

1. Supervalu, 24 Ballyronan Road, Magherafelt 2. R Crawford & Co, 18-22 Main Street, Maghera 3. McAtamney Butchers, 2 Union Arcade, Magherafelt

11.2 The Poisons (Northern Ireland) Order 1976 The Poisons Regulations (Northern Ireland) 1983 It was

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

RESOLVED: that the following businesses have their names retained in the Register of Persons entitled to sell poisons:-

1. Toners Supermarket 26 High Street, Draperstown 2. Toners Supermarket Unit 8 Diamond Shopping Centre, Magherafelt 3. Toners Supermarket 19-21 Main Street, Castledawson 4. Toners Supermarkets 16 Coleraine Road, Maghera 5. J E Taylor (NI) Ltd 34a High Street, Draperstown 6. A C Stanley 8 King Street, Magherafelt

11. 3 Pollution Control and Local Government (NI) Order 1978 noise disturbance arising from rear of property at no. 19 Fair Hill, Maghera

Mr Burrows reported that as a result of complaints from residents of dwellings at No’s 8 and 9 Fairhill Park, Maghera concerning the early morning “crowing” of roosters penned to the rear of No. 19 Fairhill, an abatement notice had been served on the owner of the roosters on 11 February 2004 giving a 90 day notice to abate the nuisance.

The notice was not complied with, and a prosecution had been taken by the Council which had been heard on 6 December 2004. The defendant pleaded guilty to non-compliance with the notice but stated through his Solicitor that the roosters were no longer at the premises.

The Magistrate gave the defendant a conditional discharge for a period of 12 months, due to the removal of the roosters but imposed costs of £150.00. The ruling also prohibited the recurrence of the nuisance as specified in the notice served.

11.4 Childhood Injury Prevention Mr Burrows reported that the Childhood Injury Prevention Steering Group were proposing to officially launch a Childhood Injury Prevention Strategy and Action Plan at the beginning of February 2005. He said that they were at present compiling a list of persons to be invited to this launch and were seeking 2 – 3 nominations from each District Council who wished to be included on the list.

11.4.1 It was

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

RESOLVED: that Councillor T J Catherwood attend the official launch of the Childhood Injury Prevention Strategy and Action Plan.

11.4.2 It was

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

RESOLVED: that Councillor Miss K A Lagan attend the official launch of the Childhood Injury Prevention Strategy and Action Plan.

11.5 It was

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

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

12. NATIONAL PURE Submitted copy of letter from the National Pure WATER ASSOCIATION Water Association re their opposition to Water LTD Fluoridation (copy circulated to each Member). Mr Burrows stated that he was in agreement with the comments of the letter and that they should declare the Councils opposition to Water Fluoridation.

12.1 It was

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

RESOLVED: that Magherafelt Council should re- affirm their opposition to the fluoridation of the Public Water Supply.

13. LOCAL GOVERNMENT Submitted formal response to the proposed draft PARTNERSHIP ON Unauthorised Encampments (NI) Order 2004 TRAVELLERS ISSUES (copy circulated to each Member) asking the Council to support the recommendations as set out. 116/12/2004 13.1 It was

PROPOSED by Councillor R A Montgomery Seconded by Councillor Miss K A Lagan, and

RESOLVED: to support the recommendations as set out in the formal response to the proposed draft Unauthorised Encampments (NI) Order 2004.

14. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor O T Hughes Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

15. ENTERTAINMENT This item was taken “In Committee” LICENCE – THE ELK

16. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor O T Hughes Seconded by Councillor R A Montgomery, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor R A Montgomery, and

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

The Chairman, Councillor P E Groogan adjourned the meeting at 11.45 p.m. for a five minute comfort break.

17. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of November 2004 (copy DEPARTMENT circulated to each Member).

322/12/2004 Development Services:

17.1 Sperrins Scenic Routes Mr Johnston advised the Members that a Working Party had been looking at various different branding issues and marketing tools, one of which was the “Scenic Drive Logo”. He said that at an officers’ meeting of Sperrin Tourism it had been agreed to recommend to the Council the two signs submitted in his report. These logos were based on 48 a spiral similar to the design found on some early stone monuments and later in illustrated writings. Mr Johnston recommended that the Council approve these two logos as direction signs for the new Sperrins Scenic Drive Routes.

17.1.1 On consideration it was

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

RESOLVED: that the Council approve the two logos as submitted in the Operational Services Report as direction signs for the new Sperrins Scenic Drive Routes.

17.2 Ruben’s Glen Mr Johnston reminded the Members that it had been agreed by Council to construct a picnic area on this site, on a portion of level ground that was constructed by the Department of Rural Development as part of a major roads works they had carried out in this area.

This proposal had however been stalled because of a dispute over ownership, with the Department of Regional Development and the original owner, Mr D Stewart both claiming to own this land. Mr Johnston stated that it had now been established that Mr D Stewart was the registered owner and in order to progress this matter the Officers had been negotiating with Mr Stewart’s solicitor with the view to acquiring this land. As part of these negotiations the Valuation Office had been asked to place an annual rent on the property and they had suggested a figure of £150 per year. This figure was acceptable to Mr Stewart.

17.2.1 Mr Johnston, therefore, recommended that in order to progress this project the Council should accept the figure of £150 per annum, as suggested by the Valuation Officer, for the lease of land at Ruben’s Glen from Mr D Stewart for the construction of a picnic site.

17.2.2 On consideration it was

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

RESOLVED: that the Council would accept the figure of £150 per annum as suggested by the Valuation Officer for the lease of land at Ruben’s 49 Glen from Mr D Stewart for the construction of a picnic site.

17.3 Regional Tourism Partnership Mr Johnston advised that a meeting was held on Friday, 3 December 2004 at the Killyhevlin Hotel, Enniskillen with Northern Ireland Tourist Board representatives and officers from all seven western region Councils. The meeting was basically to discuss the proposed future of regional tourism partnerships. He reminded Members that initially it was proposed by the Council that it could either join a Derry lead partnership, which would include Derry, Coleraine, Limavady and Magherafelt Councils or become part of a wider partnership that would include Cookstown, Dungannon, Fermanagh, Strabane, Derry, Omagh and Magherafelt Councils. It had been agreed that the larger partnership was the better option when considering the particular difficulties that tourism presented for this Council. It had been suggested that this grouping would be called the North Western Regional Tourism Partnership.

17.3.1 Mr Johnston stated that in the report he had indicated that it had been agreed between the officers of the Councils and the representatives of the Northern Ireland Tourist Board that the Tourist Board would draw up an Agreement that would be circulated to Councils on Wednesday, 8 December 2004. He said that he had now received this proposed Agreement. It advised that the purpose of this paper was to seek agreement in principle from each of the seven local authorities in the West to advance the concept of a single regional tourism partnership for the region. Agreement to the proposal in principle meant that a consultancy would be appointed to explore the options for the effective establishment and workings of a Western Regional Tourism Partnership. It was proposed that the consultancy framework would include:

1 Details of an effective co-ordinated and cohesive approach to tourism development at a local level throughout the western region which could deliver all ten programmes of the Tourism Strategy Framework for Action 2004- 2007, as published by the Northern Ireland Tourist Board. 2 Detailed consideration of existing cross-border partnerships insuring that any Western Regional Tourism Partnership was developed as part of a consultation process. This should include all potential partners aspiring towards 50

the development of the North West of Ireland for the delivery of tourism in the wider region 3 Proposals for more effective and efficient use of public sector resources channelling available resources into key tourism priorities 4 How to facilitate greater private sector engagement in the delivery of tourism in the region.

Mr Johnston stated that the Agreement recommended that the Local Authorities agree in principle to advance the concept of a Western Regional Tourism Partnership.

17.3.2 Councillor R A Montgomery stated that it had been agreed that the Tourist Board would have consultation with Sperrins Tourism Ltd on these proposals before deciding the format of a Regional Tourism Partnership for the area.

17.3.3 Mr Johnston stated that it seemed that the Northern Ireland Tourist Board would not accept Sperrins Tourism as a Regional Tourism Partnership, and that they would operate at a a level below the proposed new Regional Tourism Partnership.

17.3.4 Councillor Rev Dr R T Wm McCrea proposed that if it had been agreed that the Northern Ireland Tourist Board would consult with Sperrins Tourism Ltd then they had a duty to consult with this organisation. The Council were part of Sperrins Tourism and therefore this organisaton should not allow itself to be by-passed in the development of a strategic business plan for tourism in the area.

17.3.5 It was

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

RESOLVED: that a decision on joining the Western Regional Tourism Partnership would be delayed for one month to allow for discussions between the Northern Ireland Tourist Board and Sperrins Tourism Ltd.

Community Relations:

17.4 Request for a donation to help publish a Book Mr Johnston advised that the Council had received a written request from a Mr John McCann, Moneymore for a community relations grant or a donation from the Council to help publish and promote a book that he had written entitled “Passing Through – the 82 nd Airborne Division in Ireland 1943/1944 – An American Perspective”. He stated that the author proposed to promote the book by placing a commemorative engraved stone monument somewhere on the 13 hole at Moyola Park Golf Club, the location of the 82 nd Airborne Division’s Headquarters in Northern Ireland. The approximate costs associated with this promotion were estimated at £1,045. Mr Johnston asked the Members if the Council wished to contribute financial assistance towards the costs of this promotion.

17.4.1 Councillor J Junkin stated that tourism was expected to increase with the promotion of a new marketing plan for the area and he felt that this matter could be cultivated as part of this marketing plan. He proposed that the Council defer making a decision until it received further information on the marketing plan.

17.4.2 There followed an intensive discussion on the merits of this proposal, setting precedents, etc. and it was resolved that the Council would not contribute towards the costs of promoting this book but would consider purchasing five/six books for use in The Bridewell Tourist Information Centre when the book was published.

17.5 Request for the Council to advertise in the Magherafelt Trade Directory 2005 Mr Johnston stated that in the report he had set out the costs of advertising in this Directory. He felt that whilst it might be appropriate to support local enterprise, this money would be better spent in marketing the Council to a wider audience.

17.5.1 On consideration it was

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

52 RESOLVED: that the Council would not advertise in the Magherafelt Trade Directory 2005.

17.6 Proposed Country Music Concert Mr Johnston advised that an opportunity had arisen whereby the Council could possibly hold a Country Music Concert at the Greenvale Leisure Centre on Saturday, 26 February 2005. He stated that the officers had been approached and offered this concert by artists such as Philomena Begley, Malachi Cush, and compere and comedian ‘Big O’. The cost of this concert would be £2,200. Mr Johnston stated that the hall would hold approximately 450 people and with tickets costing £10 per head the income generated was expected to be in the region of £4,500.

17.6.1 On consideration it was

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

RESOLVED: that the Council would authorise the officers to hold a Country Music Concert at the Greenvale Leisure Centre on Saturday, 26 February 2005 featuring Philomena Begley, Malachi Cush and compere and comedian ‘Big O’.

17.7 Positioning of Magherafelt Christmas Tree Councillor J A McBride referred to the positioning of the Christmas Tree in the disabled parking bay in Magherafelt.

17.7.1 Mr Johnston explained that this parking bay had only been put in within the last two to three weeks and there was no alternative suitable site for the tree at such short notice.

Mr Johnston further stated that the Chairman of the Disability Forum had been consulted and he said that he did not mind the tree being erected in this space this year but hoped that the town’s Christmas tree might be positioned in a different location next year.

Noted.

Leisure Services:

17.8 Mr Johnston advised that income from Leisure Services for November 2004 saw an increase of 14% totalling over £76,000 with Greenvale Leisure Centre and Tobermore Golf 53 Driving Range having particularly outstanding months. He stated that the remainder of the Leisure Services report was for the information of Members.

17.9 Mr Johnston stated that there was however an urgent issue regarding Pulse pricing proposals that had arisen since the report was circulated and he therefore sought permission to raise this issue as an additional item to the Leisure Services report.

17.9.1 The Chairman agreed to this request.

17.9.2 Mr Johnston reminded the Members that it had been agreed at the October Council meeting to engage the services of Pulse to promote, market and sell membership of the Council’s leisure facilities. He advised that following extensive discussions with representatives of Pulse he had circulated to the Members a list of charges for their consideration. The main issues were the membership joining fee which would increase from £25 to £50 for a single and £75 for a couple. Mr Johnston stated that Pulse however, did not ever envisage charging the new joining fee and it would be used as a marketing tool which would create increased perceived value for the service on offer to the customer or user of the facilities. Mr Johnston stated that at monthly membership payments the small increase in single and couple payments could be justified by a price freeze until the 1 April 2006. Family membership was not being increased and a new off-peak category which presented even better value for money for use up to 4.30 pm was being introduced.

17.9.3 Mr Johnston advised that the offer of three additional months free for twelve months up-front cash payments, presented excellent and improved value for regular users. This was basically a discount of 20% which made membership even better value. The cost of induction was being absorbed into the membership joining fee, again improving the value for the regular user. The increase from £10 to £25 for an induction for a casual user would reflect the true cost of the time spent inducting users and would also increase the perceived value of membership. Mr Johnston stated that the Annual Registration Fee only applied to casual users and covered the cost of a refresher induction and again increased the perceived value of membership. The daily rate price would be frozen until April 2006 with the new price being only slightly greater than inflation. 54 The removal of the off-peak rate for the gym/fitness facilities again built-up the perceived value of the membership package.

17.9.4 Mr Johnston stated that these increases were basically the introduction of prices that would apply in April 2005 when normal inflationary increases would take place. The proposals did include a number of initiatives to promote sales of membership. The bottom line was that the better Pulse did the better the Council did.

Mr Johnston therefore recommended the proposed prices to the Council.

17.9.5 It was

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

RESOLVED: that the Council would accept the proposed price infrastructure as submitted to the Members (under separate cover) in order to allow Pulse initiative to sell membership of the Council’s leisure facilities to commence in late January, early February 2005.

Technical Services:

17.10 Vandalism Mr Johnston advised the Members that the report contained the usual list of vandalism. He stated that it seemed that nothing was immune to the vandals with even the two Christmas trees being heavily vandalised during the month.

17.10.1 Councillor Rev Dr R T Wm McCrea stated that the people of Magherafelt and Maghera were sickened by this vandalism particularly to the two Christmas trees.

17.11 Draperstown Civic Amenity Site Mr Johnston advised that numerous complains had been received from members of the public who were most unhappy about the conditions of the entrance road to the recycling/civic amenity site in Draperstown. He stated that the road which was owned by Workspace (Draperstown) Ltd had still to be tarmaced and the current hardcore surface had so many potholes that in winter it was virtually impassible. He advised that he had contacted 55 Workspace on at least three occasions during the last six to eight months. On each occasion he had been informed by Workspace that they were seeking tenders to have this road tarmaced. He stated that to date this work had not commenced. Mr Johnston suggested that unless the road was tarmaced or at least repaired on an ongoing basis people would stop using the recycling facility and he was therefore recommending that the Council formally write to Workspace (Draperstown) Ltd requesting immediate action to improve the condition of the road.

17.11.1 Councillor Miss K A Lagan stated that she had spoken to Workspace about this problem.

17.11.2 On consideration it was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor R A Montgomery, and

RESOLVED: that the officers would write to Workspace (Draperstown) Ltd expressing the Council’s concern regarding the condition of the access road to the recycling/civic amenity site and requesting immediate action to have this road tarmaced.

17.12 Bus Shelter Requests Mr Johnston stated that following a recent site meeting, Mr Liam Cunningham of the Department of Rural Development advised that any future requests to erect new bus shelters would have to be referred to the Department of Rural Development’s Head Office for consideration, to determine whether a formal planning application was required. Mr Johnston said according to Mr Cunningham it seemed that this was standard procedure for other Councils, however, the former local Section Engineer for the area had not adhering to these guidelines. Mr Johnston advised that the Department of Rural Development to forward copies of legislation regarding this matter for consideration by the Council.

Noted.

17.13 Lower Bann Coarse Fishing Points Mr Johnston reminded Members that this matter had been discussed by the Council at its meeting held on 12 October 2004. At this meeting the officers had indicated that they had now reached a point where it might be necessary for the Council 56 to consider the cost of the project, if it was value for money, would it be used to justify the cost and how high was it on the Council’s list of spending priorities. There was also the major problem of land erosion to be considered.

Mr Johnston stated that the officers accepted that these statements were basically their thoughts on this matter and, therefore to allow the Members to reach a decision as to how they wished to resolve this matter, the Council may wish to seek expert opinion, and appoint appropriately qualified consultants, civil engineers and/or architects to fully research this project and to submit a fully costed report to the Council.

17.13.1 On consideration it was

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

RESOLVED: that in order to allow the Members to reach a decision as to how they wished to resolve the issue of the Lower Bann Fishing Points the Council would seek expert opinion by appointing appropriately qualified consultants, civil engineers and/or architects to fully research this project and submit a fully costed report to the Council.

17.14 The Northern Ireland Landfill Allowance Scheme Mr Johnston stated that he had circulated a Consultation Document on the Methodology for Allocating Landfill Allowances and the Department of the Environment’s Policy on Partnership and Civil Financial Penalties. He stated that the purpose of this consultation paper was to seek the views of District Councils on three specific issues:

1 The Methodology for Allocating Northern Ireland Landfill Scheme Allowances for the second year of the scheme and beyond. 2 The use of weightings applied to simple population projections, and 3 The Department’s Policy on Partnership and Civil Financial Penalties that can be applied under the Northern Ireland Landfill Allowance Scheme.

17.14.1 Mr Johnston advised that the starting point for the landfilling of waste was where we were in 57 2003. The allowances allocated for the first year of the scheme would reflect these figures.

The Department then proposed to reduce the number of allowances available each year on the basis of a straight line drawn from the starting point to the 2010 target figure. This approach was rejected by the majority of Consultees; namely officers of the twenty-six Councils. It seemed that the Department had agreed that it would not be fair to continue to allocate allowances for the whole of the scheme on this basis. This would mean that District Councils that currently diverted little waste away from landfill would not have to increase their recovery rates relevant to the other Northern Ireland District Councils and also those District Councils that currently diverted large proportions would carry an unfair amount of the reduction required to meet the Landfill Directive Targets. The Department was therefore proposing that from the 1 January 2006. and after, the basis for the allocations should change to reflect the amount of recovery, recycling and waste minimisation that each District Council had achieved. It was suggested that this could be done by allocating allowances based on the population of each District Council area. In this way each District Council would be required to reduce its landfilling to the same level per head of population. The question that the consultation document was primarily asking was how quickly the transition from landfill needs to population should occur.

17.14.2 The Department proposed two possible options:

• Immediate Convergence in 2006-2007, or • Gradual Convergence at 2008/2009, the fourth year of the scheme

Immediate Convergence meant that from the second year of the scheme, allowances would be shared amongst District Councils according to their projected proportion of the Northern Ireland total population in that year.

Gradual Convergence meant that allowances would be shared amongst District Councils according to their projected proportion of the Northern Ireland population for the fourth year of the scheme and a straight line would be drawn between that 58 convergence point and the allowances allocated for the first year.

Mr Johnston stated that it had clearly been established from Officers’ reports and in a recent presentation given by Mr Baskin of Kirk McClure Morton, that the immediate convergence method was the option that best suited this Council.

17.14.3 With regard to Weighted population, Mr Johnston stated that the Department had evaluated the possibility of weighting the simple population projections used for calculating the allowance allocations. This would involve a similar procedure to that used to distribute the Waste Management Grant amongst District Councils which applied weightings to the household numbers, sparsity, travel to work numbers and overnight tourism.

17.14.4 Mr Johnston stated that if this procedure was adopted in the North West Region Waste Management Group, six Councils would gain and one Council would loose allowances. The net effect, however, for the whole partnership would be 2,276 more allowances. Mr Johnston advised that the Council that would loose out was Moyle District Council. The procedure would however have little or no impact on the allowances allocated to Magherafelt Council.

17.14.5 In summary, Mr Johnston stated that the Department’s view was that the overall aim of the scheme was for Northern Ireland as a whole to meet its Landfill Directive Target. The scheme allowed for the non-monitory transfer of allowances between District Councils to enable co- operative achievement of the targets. Given that the Department’s view was that the convergence methodology adopted was of itself not of crucial importance, however the Department considered that the immediate convergence was the fairest and more equitable method of sharing out the total allowances. In addition the Department stated that it was apparent from discussions with District Council Technical Officers that this methodology was more acceptable to the majority of Councils.

17.14.6 The Department also considered that adopting a weighted population approach had the effect of shifting the total initial allowances between Councils but would have no impact on the overall targets which were on a Northern Ireland basis. 59

The Department was of the opinion that the degree of error might well increase if additional factors were introduced to the calculations and therefore to add weightings it would make the process more complex.

17.14.7 Mr Johnston again reminded the Members that the reports submitted by the Officers and Kirk McClure Morton indicated that early convergence strongly favoured this Council. He therefore recommended that the Council advise the Department of the Environment that Magherafelt Council strongly favoured immediate convergence as it felt that it was the only option on offer that did not excessively penalise Councils that had reduced their waste to landfill in 2002/3 through the implementation of recycling/composting initiatives. Mr Johnston suggested that if weighting was adopted by the North West Group of Councils then Magherafelt Council could also support this proposal.

17.14.8 On consideration it was

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

RESOLVED: that the Council strongly favoured immediate convergence as the fairest and most equitable method of sharing out the total Northern Ireland Landfill Allowances as it firmly believed that it was the only option on offer that did not excessively penalise Councils that had reduced their waste to landfill in 2003 through the implementation of recycling/composting initiatives.

17.14.9 It was further resolved that if the North West Group of Councils adopted the proposed weighting procedure then the Council could also support this option.

17.14.10 Mr Johnston stated that the final part of the consultation document was a draft policy guidance note about Civil Financial Penalties that could be applied by the Department. Mr Johnston stated that each District Council had a duty to ensure that the amount of bio-degradable municipal waste sent to landfill in any year did not exceed the amount permitted by the Landfill Allowances allocated to them.

A District Council that failed to comply with its duty became liable to a Civil Financial Penalty. The penalty for a District Council exceeding its allowances was £200 per tonne for each tonne of waste that a Council landfilled in access of its quota.

17.14.11 Mr Johnston stated that Magherafelt Council was projected to pay fines of £600,000 in 2009 if major initiatives were not put in place to reduce the amount of waste that the Council took to landfill. He advised that there was the possibility of relief from penalties, for example, a contractural delay outside the District Council’s control in establishing a waste facility or service, and relief might be given if the Department considered the approach taken by an individual Council was seen as “best endeavours” to recycle or reduce the amount of waste to landfill. The Department would however, not automatically grant relief from penalties even as Northern Ireland as a whole met its targets. If it was found that an individual Council was failing to meet its targets and failed to make “best endeavours” to implement its waste management plans, penalties would be applied. Mr Johnston stated that in future penalties would be a fact of life, they were not negotiable having been enshrined in European legislation, and therefore in this context he believed that the policy as set out in the consultation paper was “reasonable”.

17.14.12 It was

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

RESOLVED: that the Council would support the policy on penalties as outlined in the consultation document.

17.15 Yellow Wood Challenge 2004/2005 Mr Johnston advised the Members that for the past number of years this Council in partnership with Yell Ltd and the Directory Recycling Scheme had run a very successful Yellow Pages Recycling Competition for the local schools. Mr Johnston recommended that the Council continue to support this very worthwhile project.

17.15.1 It was

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

RESOLVED: that the Council would support the 2004/2005 Yellow Wood Challenge Recycling Project.

17.16 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J P O’Neill, and

RESOLVED: that the report as submitted be adopted.

17.17 Mr Johnston sought permission to raise a number of additional items and this was agreed to.

17.18 Website Mr Johnston advised that within the last few days the Officers and the Council’s consultants had completed this project and the website was now ready to go live. He stated that normally the website would be presented for the Council’s consideration, however, the Officers were most anxious to have this facility on-line for the Christmas holiday period. He was therefore asking permission to put the website on-line immediately and to deal with any issues raised by individual Members when they had the opportunity to view the website on-line.

17.18.1 Councillor J Junkin commented that some weeks ago he had a preview of the Council’s website. He commended the consultants and Officers, and in particular Mr Browne on the work that had been carried out on the site.

17.18.2 It was

PROPOSED by Councillor J Junkin Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council would authorise the Officers to immediately put the Council’s website on-line.

17.19 BPEO Mr Johnston advised that the Department of the Environment was holding “A Stakeholders’ Meeting” at Galgorm Manor, Ballymena on Friday, 21 January 2005 from 9.30 am to 1.30 pm. He stated that the purpose of this meeting was to continue the process of Stakeholders’ engagement, and to present progress on the Strategy Review. Specific aims for the meeting were:

1 To conclude the BPEO process, setting it in the strategic context of infrastructure procurement and land use planning 2 To set out the forward programming for the Strategy Review in 2005, and 3 To facilitate dialogue and build the partnership between Central and Local Government.

17.19.1 Mr Johnston stated that the Department was inviting six elected Members and two Officers from each District Council to attend this meeting.

17.19.2 It was

PROPOSED by Councillor J A McBride Seconded by Councillor G C Shiels, and

RESOLVED: that the Chairman, Councillor P E Groogan and Councillors Miss K A Lagan, Rev Dr R T Wm McCrea, J Junkin, R A Montgomery and J F Kerr together with the Chief Executive, Mr J A McLaughlin and the Director of Operation, Mr T J Johnston attend this meeting.

17.20 North West Region Waste Management Group Mr Johnston advised that the next meeting of the North West Members’ Committee would take place on Wednesday, 12 January 2005 at 10.30 am in the Guildhall, Derry. He reminded Members that the Northern Ireland BPEO process was ongoing and stated that Dr Eugene Kelly, Environment and Heritage Service would be attending this meeting to give an update on the BPEO process, and to outline progress since the Cookstown Workshop. He stated that in order to ensure that the elected Members were fully informed of this process it had been suggested that additional representatives from each of the Member Councils would be invited to attend this meeting. Each Council could send a total six Members and two Officers to the meeting.

17.20.1 It was

PROPOSED by Councillor O T Hughes, Seconded by Councillor J A McBride, and

RESOLVED: that the Chairman, Councillor P E Groogan, and Councillors Miss K A Lagan, R A Montgomery, J Junkin, Rev Dr R T Wm McCrea and J F Kerr together with the Chief Executive, Mr J A McLaughlin and the Director of Operation, Mr T J Johnston attend this meeting.

18. LANGUAGE Submitted revised Language Policy for POLICY Magherafelt District Council (copy circulated to each Member).

18.1 Councillor J F Kerr informed the Members that a Motion had been passed by Council re the implementation plan but noted there had seemed to have been some dispute re the inclusion of the Ulster Scots, which had been omitted from the Plan. He said that he had resubmitted the Language Policy which now included the Ulster Scots language.

18.2 Councillor R A Montgomery asked if there had been another meeting of the working committee called since the policy had last been discussed in Council

18.3 Councillor J F Kerr replied that Councillors had had every opportunity to go to previous meetings but they had failed to do so. He asked Councillor Montgomery is he would have attended the meeting, participated in its discussions and ultimately agreed with the proposal to include Ulster Scots in the language policy.

18.4 Councillor R A Montgomery replied that he would have.

18.5 Councillor J F Kerr stated that the new policy therefore encapsulated everything that councillor Montgomery would have wished for. He further stated that he felt that some of the Members were deliberately trying to be obstructive. He said that there had to be a parity of esteem but noted that Councillor Shiels had previously said that Ulster Scots was only a spoken language and not a written language.

18.6 Councillor G C Shiels said that he felt that he had been misrepresented. He said that he had said the most fluent Ulster Scot speakers did not write in it. He was of the opinion that before the Council was finished the language policy could cost the ratepayers a lot of money.

18.7 Councillor Rev Dr R T Wm McCrea said that the issue was that the Council, in failing to convene the relevant meeting, was disregarding its Standing Order, and there was also a point of principle in that Councillor Montgomery had stated that he would have attended the meeting. In the light of this he felt that the Council could not legally adopt the proposed language policy and to do so would compound the problem.

18.8 Councillor R A Montgomery said that it was unfair to say that no one had an interest in Ulster Scots, because he personally did have an interest.

18.9 The Chief Executive suggested that the implementation of the revised Language Policy should be deferred until a meeting of the Language Committee had taken place.

18.10 This was unanimously agreed to.

19. LOUGH NEAGH Submitted letter from the Environment and ADVISORY COMMITTEE Heritage Service in connection with the Membership to the Lough Neagh Advisory Committee (copy circulated to each Member). This item was for the information of Members.

Noted.

20. OUT AND ABOUT Submitted letter from the Transport Co-ordinator COMMUNITY with Out and About Community Transport (copy TRANSPORT circulated to each Member).

20.1 The Chief Executive explained that the Out and About Community Transport Scheme was seeking Council support in lobbying the Northern Health Board for recurrent funding.

20.2 Councillor G S Shiels explained that this Scheme was divided into three parts, taxi, mini-bus and volunteer drivers. He also said that it was an excellent scheme and recommended that the Council lobby the Northern Health Board as requested.

20.3 Councillor R A Montgomery suggested that a small delegation should be sent to meet the Northern Health Board and explain how important the funding was.

20.4 It was

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

RESOLVED: that a cross party delegation should attend a meeting with the Northern Board to lobby for recurrent funding for the Out and About Transport Scheme. It was further resolved that the delegation would be comprised of Councillors Miss K A Lagan, T J Catherwood, J F Kerr, R A Montgomery, and G C Shiels.

21. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of December 2004 (copy circulated to each Member). 12/2004

21.1 The schedule provided for £607,297.84 out of the Revenue Account and £3,348.72 out of the Capital Account.

21.2 It was

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

RESOLVED: that the Statement of Accounts as submitted for December 2004 be approved.

22. TENDERS/QUOTATIONS Submitted reports on tenders received for:

22.1 A 3-Gang Ride-on Mower Mr Johnston stated that four quotations had been sought, in accordance with the Council’s procedural policy, for the supply and delivery of one new 3-Gang Ride-on Cylinder Mower. 66

The following quotations were received by the closing date.

Saxon

Saxon 67

Mr Johnston advised that all tenders met the specification and recommended that the Council accept tender No.1 from Cyril Johnston & Co Ltd, Ballynahinch Road, Carryduff, Belfast in the sum of £8,325.00 plus VAT for the supply and delivery of one new Saxon mower.

22.1.1 On consideration it was

PROPOSED by Cuoncillor Miss K A Lagan, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council adopt the Officer’s recommendation and accept the tender from Cyril Johnston & Co Ltd, Carryduff in the sum of £8,325.00 plus VAT for the supply and delivery of one new 3-Gang Ride-on Cylinder Mower.

22.2 The Development of Ruben’s Glen Mr Johnston reminded Members that under the NRRTI funding programme the Council had been awarded £10,000 per site to upgrade Ruben’s Glen and Tirgan Picnic Areas. This project was 100% funded without matching funding from the Council.

The following four tenders were received:

1 J P O’Kane, Maghera 2 Setanto, Bellaghy 3 Rodgers Fencing, Draperstown 4 Northern Access and Conservation Works, 68 Draperstown All tenders were exclusive of VAT.

Mr Johnston recommended that the Council accept the lowest tender from Northern Ireland Access and Conservation Works, Moneyneena, Draperstown in the sum of £10,000 plus VAT for the development of Ruben’s Glen Picnic Area.

22.2.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor H E Mullan, and

RESOLVED: that the Council adopt the Officers’ recommendation and accept the tender from Northern Ireland Access and Conservation Works, Moneyneena, Draperstown in the sum of £10,000 plus VAT.

22.3 Development of Tirgan Picnic Site

The following four tenders were received:

1 J P O’Kane, Maghera 2 Setanto, Bellaghy 3 Rodgers Fencing, Draperstown 4 Northern Access and Conservation Works, Draperstown All tenders were exclusive of VAT.

Mr Johnston recommended that the Council accept the lowest tender from Northern Access and Conservation Works in the sum of £9,995.00 plus VAT.

22.3.1 On consideration it was

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

RESOLVED: that the Council adopt the Officer’s recommendation and accept the lowest tender from 69 Northern Access and Conservation Works in the sum of £9,995.00 plus VAT for the development of Tirgan Picnic Area.

23. FINANCIAL Submitted the following requests for financial CONTRIBUTIONS contributions:

23.1 Submitted letter dated 22 September 2004 from the Centre Manager, Race Against Multiple Sclerosis seeking a financial contribution(copy circulated to each Member).

23.1.1 On consideration it was

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

RESOLVED: to make a financial contribution of £750.00.

23.2 Submitted letter dated 8 November 2004 from the Secretary of Magherafelt Ploughing Society seeking a financial contribution towards their Annual Ploughing Match, (copy circulated to each Member).

23.2.1 On consideration it was

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

RESOLVED: to make a financial contribution of £200.00.

23.3 Submitted letter dated 17 November 2004 from the Centre Manager of Northern Ireland Association for Mental Health seeking financial assistance to help with the provision of services for people in the Magherafelt area with mental health needs (copy circulated to each Member).

23.3.1 On consideration it was

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

70 RESOLVED: to make a financial contribution of £1000.00.

23.4 Submitted letter dated 2 November 2004 from Ray Graham, Marie Curie Cancer Care Fundraiser seeking financial assistance towards a Gala Night in which funds raised on the night will be in aid of Marie Curie Cancer Care (copy circulated to each Member).

23.4.1 On consideration it was

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

RESOLVED: that due to the fact that a contribution had already been given to the Marie Curie Cancer Care this financial year, it was not possible to give a further donation.

23.5 The Chief Executive explained that the CCTV Partnership had encountered difficulties in paying for the capital costs of the CCTV programme. The principal problem was that the Group were not registered for VAT. He stated that he had investigated several options on how best to deal with this matter. He felt that the most practical solution was for the Council to take over the ownership, responsibility and payment for the Scheme. This would allow the Council to reclaim the VAT on any costs. Further the Council could then allow the Magherafelt Area Partnership to manage the CCTV Scheme in the same way that the Local Strategic Partnership managed the Council’s economic development function. Thus in summary Magherafelt Area Partnership would look after the day to day running of the Scheme but they could not incur any expenses without the prior approval of the Council. He asked the Council to accept this recommendation subject to their being no adverse VAT implications for the Council.

23.5.1 It was

PROPOSED by Councillor R A Montgomery Seconded by Councillor Miss K A Lagan, and 71

RESOLVED: that they accept the Chief Executive’s recommendations in that Magherafelt Area Partnership run the CCTV Scheme for the Council, with the Council paying all of the costs but that the Partnership could not incur any debt without prior approval from the Council.

24. FUEL POVERTY The Chief Executive referred to previous discussions in relation to Fuel Poverty and whether it could be considered eligible for funding under Section 115 of the Local Government Act NI Order 1972. He briefly outlined the legal position regarding when Section 115 could be used as the legal authority for Council expenditure.

The Chief Executive pointed out that the Local Government Auditor had indicated that it was his opinion that a number of the Council’s expenditures required to be considered as Section 115 expenditure. If this was the case it would have serious consequences for the quantum of funding that could be expended in relation to Fuel Poverty.

24.1 The Chief Executive requested that the matter be deferred for discussion with the Party Leaders at a later date.

24.2 It was

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

RESOLVED: that the issue of Fuel Poverty expenditure be deferred until a later meeting of the Party Leaders at which it would be discussed in the content of other potential Section 115 expenditure.

25. DIRECTIVE ON The Chief Executive explain that he had PRIMARY SCHOOLS received a letter from Mr Billy Armstrong MLA (copy of letter handed out to each Member), re an investigation into the immediate and long term impact of the Education Minister’s Directive on Primary Schools in Magherafelt District Council Area.

25.1 The Chief Executive noted that the Council should be aware that any expenditure in this area 72 would have to be justified in the context of Section 115 of the Local Government Act (NI) Order 1973

25.2 It was unanimously agreed to defer this matter for each Grouping to research the matter and come back to the next meeting of the Council to be held on 11 January 2005.

26. ECONOMIC The Chief Executive reported that due to the full DEVELOPMENT Agenda at the Meeting the items scheduled to be discussed would be discussed at the meeting of the Council to be held in January 2005.

26.1 It was unanimously agreed to defer the Economic Development items until the next meeting of the Council.

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

268/12/2004 27.1 NAC Conference: to be held on 14-16 January 2005 in the Monkbar Hotel, St. Morris’s Road, York

It was

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

RESOLVED: that Councillor R A Montgomery attend the NAC Conference to take place 14/16 January 2005.

27.2 LAMA Conference to be held on 31 March – 2 April 2005 in Cork

The Chief Executive reported that the details of this Conference was not yet available but Councillor Montgomery wished to have permission to book the air fare early in order to get it at a more competitive price.

28. CONSULTATION Submitted the following consultation documents DOCUMENTS 73 (a) Letter and copy of Proposal for a Draft 195/12/2004 Firearms (Amendments) (NI) Order 2005, (copy circulated to each Member)

(b) Consultation Document prepared by the Department of Employment and Learning “Skills Strategy for Northern Ireland” seeking comments by 21 January 2005.

(c) Consultation Document on the development and implementation of a three-year strategy to improve data across all waste streams in the UK prepared by the Department of environment Food and Rural Affairs seeking comments not later than 7 January 2005.

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

29. NOTICES OF MOTION In accordance with her Notice of Motion Councillor Miss K A Lagan proposed:

“That this Council writes to the Minister with a formal application for funding for the Magherafelt and District’s ‘Vision for Action’ pilot scheme to alleviate fuel poverty in our Council area.”

29.1 Councillor Miss Lagan explained that funding for fuel poverty had been left out of the Government’s latest spending round. At the last meeting of the Magherafelt and District Fuel Poverty Working Group it had been agreed that she make a request to the Council that the Council write to the Minister seeking funding for the ‘Vision of Action’ pilot scheme to alleviate fuel poverty in the Magherafelt District should funding come on board.

29.1.1 Councillor Rev Dr R T Wm McCrea seconded the motion and it was unanimously adopted.

29.2 In accordance with his Notice of Motion, Councillor J A McBride proposed:

74 “This Council notes the decline in violence associated with parades and believes that this is a clear demonstration of the success of the Parades Commission in minimising division over parades in Northern Ireland.

This Council further –

1. Calls on the police and all communities to uphold parades commission decisions, even if they disagree with them 2. Condemns the use of violence by those involved in parading disputes 3. Believes that the best way forward on parades is through face to face dialogue and calls on all those associated with parades disputes to engage in dialogue 4. But believes that where dialogue does not work, the only way forward is for the Parades Commission to issue a determination 5. Calls for the Parades Commission to be given clear jurisdiction over supporters.”

Councillor Miss K A Lagan seconded the motion

29.2.1 Councillor McBride said that nobody ever wanted a Parades Commission but all communities must have their human rights upheld. In the intransigency of people being unable to make decisions which led to a Parades Commission being set up, he said that this body was still needed because there were instances when there was no agreement. In these instances the Parades Commission was indispensable in determining outcomes. Councillor McBride hoped that Northern Ireland would reach a position when there would be no need for them. He said the way forward was through face to face dialogue but in the case of this not working the Parades Commission had to issue a determination as an impartial body.

29.2.2 Lateness of Hour

The Chief Executive reminded the Chairman of the lateness of the hour and that the meeting had lasted continuously for five hours and the meeting should not stand adjourned unless Standing Orders were set aside.

29.2.3 On consideration it was

PROPOSED by Councillor Rev Dr 75 R T Wm McCrea Seconded by Councillor O T Hughes, and unanimously

RESOLVED: that Standing Orders be set aside in order that the meeting could continue.

29.2.4 Councillor G C Shiels disagreed with the motion and said that there had been no decline in violence. He referred to an incident involving an Apprentice Boys’ parade in Maghera which had been disrupted because Sinn Fein had been inspired to make their protest. He said that the Apprentice Boys’ had paraded this route annually since 1953 and there had never been as much as a “cat call”. He could not understand the change in local attitude. Perhaps, he said, that was all down to a local Sinn Fein representative and he then proceeded to give some family history claiming that they had been “thrown out” of Scotland where they had been border raiders.

29.2.5 Councillor Rev McCrea said he failed to understand why this motion had come up at this time. There was no consistency with the decisions made by the Parades Commission.

29.2.6 Councillor Rev McCrea further stated that it was his opinion that the strife referred to by Councillor Shiels had been deliberately started by bully-boys who were deliberately brought in from outside Maghera. He suggested that the DPP may yet take prosecutions in relation to the incident. He compared the situation in Maghera to one in Desertmartin where Nationalists could walk in a Protestant community without any bother.

29.2.7 Councillor J F Kerr referred to Councillor Shiels’ reference to a “local Sinn Fein representative” and, noting that he interpreted this reference as referring to himself, refuted that he had inspired strife and trouble in Maghera. In relation to Councillor Rev McCrea’s comments about potential prosecutions he confirmed that he had been contacted by the PSNI about possible prosecutions. He agreed with Councillor McBride’s comments that face to face dialogue was the way forward in helping to resolve these issues.

76 29.2.8 In reply, Councillor Shiels said that he had no difficulty in meeting with any of the objectors who lived on the parade route but he would not engage with politians on the matter as he would be engaging in his capacity as President of the local Apprentice Boys.

29.2.9 Councillor Kerr referring to Councillor Shiels’ comments in relation to his family history said that he took great exception to the personal attacks made on him or any of his family.

29.2.10 Councillor Rev Dr R T Wm McCrea requested a recorded vote.

29.2.11 On a vote being taken, Councillors P E Groogan, O T Hughes, J F Kerr, Miss K A Lagan, J A McBride, P H McErlean, J J McPeake, H E Mullan, S O’Brien and J P O’Neill voted for the motion (10 votes).

29.2.12 Councillors T J Catherwood, J Junkin, Rev Dr R T Wm McCrea, P McLean, R A Montgomery and G C Shiels voted against (6 votes)

The Chairman declared the motion carried.

29.3 Councillor R A Montgomery requested that his motion on the erection of a plaque in Culnady to commemorate Sir John Murray be deferred, because of the lateness of the hour, until the next Council Meeting. This was unanimously agreed to.

30. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

32. LEGAL MATTERS This item was taken “In Committee”.

33. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea, and

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

Proceedings in “Open Council”

It was

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

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

34. SEALING OF The Chief Executive reported that there were no DOCUMENTS documents for sealing this month.

35. MEMORIAL STONE Submitted application for permission to erect a Memorial Stone at Plots A71 and A72 in memory of Mr George Rollins.

35.1 On consideration it was

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

RESOLVED: to permit the erection of a Memorial Stone at Plots A71 and A72 as per the application, in Polepatrick Cemetery in memory of Mr George Rollins.

36. ITEMS FOR The following items were submitted for the INFORMATION information of Members:-

a) Press Release of the Northern Health and Social Services Board’s November 2004 meeting. 78

b) Minutes of Meeting of the North Eastern Group Committee – Building Control Service held on Wednesday, 15 September 2004 c) Copy of the Housing Executive’s – Executive Briefing, Report of the Board of the Housing Executive held on Wednesday, 27 October 2004. d) Copy of ‘Watershed’ produced by the National Pure Water Association Ltd. e) Copy of ‘A Good Relations Framework’ – an approach to the development of Good Relations prepared by the Community Relations Council. f) Annual Reports:

1. Northern Investing for Health Partnership 2. NI Group (Building Control) Committee

37. RESUMPTION UNDER It was STANDING ORDERS PROPOSED by Councillor P McLean, Seconded by Councillor J A McBride, and

RESOLVED: that the Council resume under Standing Orders.

The meeting concluded at 1.00 am.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)