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MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 14 January 2014. The meeting commenced at 7.25 pm.

Presiding: Mrs C Elattar

Other Members Present: Mrs E A Forde P J Bateson J Campbell T J Catherwood J Crawford M G Kearney Mrs K A McEldowney G T McFalone B McGuigan P McLean J J McPeake Mrs C M O’Neill G C Shiels Mrs P L Smith D O Totten

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

Representatives from Other Bodies in Attendance: Mr Adrian Gribben – Planning Officer

The Chairperson welcomed the two new Members who had been co-opted onto the Council to replace Councillor Lagan and Councillor Kerr. The Chairperson wished the two new Members every success for the future and looked forward to working with them. She also wished Councillors Lagan and Kerr a happy retirement from the Council.

1 Apologies

There were no apologies.

2 Minutes

2.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor J J McPeake, and

Resolved: that Minutes of the Meeting of the Council held on Tuesday, 10 December 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

2.2 It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs P L Smith, and

Resolved: that the Minutes of the Special Meeting of the Council held on Tuesday, 19 November 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no items as such arising out of the Minutes.

4 Declarations of Interest

There were no declarations of Interest.

5 Planning 185/01/2014

5.1 New Planning Applications:

H/2010/0177/F – Tara Merchants Ltd, C/o McGurk Architects Approval. The Council agreed to the issue of the approval.

H/2013/0168/F – Mr & Mrs Montgomery Approval. The Council agreed to the issue of the approval.

H/2013/0300/O – Mr Christopher McCullagh Refusal. Deferred for an office meeting on the request of Councillor B McGuigan.

H/2013/0307/F – Mr C McIlwee Deferred for an office meeting on the request of Councillor J J McPeake.

2 H/2013/0330/O – Mr & Mrs O’Loughlin Deferred for an office meeting on the request of Councillor Mrs K A McEldowney.

H/2013/0354/RM – Mr P McEldowney Approval. The Council agreed to the issue of the approval.

H/2013/0385/F – SDC Trailers Ltd Approval. The Council agreed to the issue of the approval.

5.1.1 Applications Deferred from Previous Meeting:

H/2011/0216/F – Mr S Moore Deferred for an Office Meeting. It was agreed to issue approval if there was no change of opinion after the Office Meeting.

H/2011/0220/F – Mr L Bradley Deferred for an Objector’s Office Meeting. It was agreed to issue approval if there was no change of opinion after the Objector’s Office Meeting.

H/2012/0382/O – Mr Bernard Oliver O’Kane Refusal. The Council agreed to issue the decision.

H/2013/0099/O – Heather Shiels Approval. The Council agreed to the issue of the approval.

H/2013/0209/F – Ivor and Sandra Hyndman Deferred on the request of Councillor Campbell for an Office Meeting between Patsy McGlone MLA and the Area Planning Manager’s Office. It was agreed to issue a decision if there was no change in opinion after the Meeting.

H/2013/0219/O – Mr Niall Lagan Approval. The Council agreed to the issue of the approval.

5.1.2 It was

Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and

Resolved: to adopt the Planning Schedule dated 14 January 2014 subject to the above conditions and amendments.

5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 November to 29 November 2013 (copy previously circulated to each Member).

Noted.

3 5.3 Submitted consultation of a Planning Application from Mr Gerard McWilliams for a proposed farm house dwelling and garage at 24m NW of 141A Five Mile Straight, Galwally, (copies previously circulated to each Member).

It was agreed that the Council had no objections to this consultation.

The Planning Officer retired from the meeting at 7.40 pm.

6 Planning Control Department 210/012014

The Director of Building Control presented the Department’s report for the period 1 December 2013 to 31 December 2013 (copy previously circulated to each Member).

6.1 During this period 1 December 2013 to 31 December 2013 eleven applications had been recommended for approval.

A total of seventy applications require amending by Architects and Agents before granting approval.

6.2 Appications for Notices and Regularisations

During the period from 1 December to 31 December 2013 there were two Regularisations and seventeen Notices issued. Notices were mainly for replacement boilers.

6.3 Building Regulations Inspections

During the period from 1 November 2013 to 30 November 2013 sixty- seven applications commenced on site and sixty-five applications were found to be complete in accordance with Building Regulations.

The department carried out two hundred and eighteen inspections during this month.

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

During the period from 1 December 2013 to 31 December 2013 – fifteen number applications were cancelled having gone beyond the four year expiry date and not having commenced on site.

There were five extensions of time applied for during this period.

6.5 Naming and numbering of Streets

During the period from 1 November 2013 to 30 November 2013 eleven new postal numbers and postcodes were issued for private dwellings.

4 6.6 Entertainment Licensing

Mr Glendinning reported that during the period of this report twenty-nine Entertainments Licensing inspections were carried out.

6.7 Property Certificates

There were thirty-three Property Certificates issued for this period.

6.8 On consideration it was

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

Resolved: that the report as submitted be adopted.

7 Licences and Registrations

7.1 Street Trading Licence

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

ST.93 Mr Fred Daly – 2 Somerset Park, Central Reservation, Market Square, Magherafelt

7.1.1 It was

Proposed by Councillor P J Bateson Seconded by Councillor Mrs P L Smith, and

Resolved: to grant the Street Trading Licence application as submitted.

7.2 Entertainment Licences

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

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

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

E. 23 Magherafelt Presbyterian Church Hall, 28 Meeting Street, Magherafelt – Mrs Karen Regan

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

5 E. 51 An Rath Dobh, 53 Moneyneany Road, Draperstown – Moneyneany Development Group

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

E. 62 Magherafelt Masonic Club, 17 Hospital Road, Magherafelt – Mr Mervyn Gregg

E. 65 Woods Parish Hall, 64 Carraloan Road, Magherafelt – The Rector and Select Vestry

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

E.120 Friels Bar and Rafters Restaurant, 2-4 Road, – Mr Dermot Friel

E.148 Rainey Old Boys’ Rugby Football Club, 7 Meadowbank Road, Magherafelt – Mr Ian Gillespie

7.2.1 It was

Proposed by Councillor P J Bateson Proposed by Councillor Mrs C M O’Neill, and

Resolved: to grant the renewal of the Entertainments Licence applications as submitted.

7.3 Amusement Permits

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

A.4 McMullins Amusement Arcade – 69 Kilrea Road, Kathleen McMullin

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

7.3.1 It was

Proposed by Councillor G T McFalone Seconded by Councillor Mrs C M O’Neill, and

Resolved: that the applications for renewal as submitted by granted.

6 7.4 Cinematographic Licence

Submitted the following application for a Cinematographic Licence which was in order and recommended for renewal.

C.2 The Movie House, 51 St Lurach’s Road, Maghera

7.4.1 It was

Proposed by Councillor Mrs K A McEldowney Seconded by Councillor B McGuigan, and

Resolved: to grant the renewal for the Cinematographic Licence as submitted.

7.5 Licensing Order 1996

Notice for Application for an Occasional Licence

7.5.1 Submitted Notices of Applications for Occasional Licences under the licensing Northern Ireland Order 1996 for information:-

Submitted Notice of Application for an Occasional Licence for

1 Mr Kevin McLaughlin – Greenlough GAC for a function on 18 January 2014 2 McAuley’s Bar – Tirgan Community Association for a function on 25 January 2014

Noted

7.5.2 Submitted Notice of Application for a Bingo Licence

1 SR Skye Limited – Michael Heaney, 12 Union Road, Magherafelt

Noted

7 8 Environmental Health Department 196/01/2014

Mr Young, Director of Environmental Health submitted the report for the month of December 2013 (copy previously circulated to each Member).

8.1 Affordable Warmth Pilot

After the discussion

It was

Proposed by Councillor J J McPeake Seconded by Councillor P J Bateson, and

Resolved: that Council indicate support for the proposal to work in partnership with Department of Social Development and others as may be appropriate to address energy efficiency matters on a similar basis to the affordable warmth pilot which is being conducted 2013/2014.

8.2 Food Safety (Northern Ireland) Order 1991

Mr M Young informed Members of an investigation into a food complaint which was received on 26 November 2013

After due consideration

It was

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

Resolved: that a formal warning letter be sent to the food business operator concerned regarding the complaint received.

It was

Proposed by Councillor T J Catherwood Seconded by Councillor J J McPeake, and

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

9 Payment of Accounts 01/2014

Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,048,336.98 out of the Revenue Account and £127,807.20 out of the Capital Account.

8 9.1 It was

Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and

Resolved: to approve the Statement of Accounts as submitted.

10 Conferences and Courses

Consideration was given to nominating delegates to attend:

10.1 Public Sector Reform Conference to take palce at Chartered Accountants House, Linenhall Street, on Monday, 13 February 2013 (details previously circulated to each Member).

10.1.1 It was agreed to leave nominations “open”.

10.2 25 th Colmcille Winter School to be held from 21-23 February 2014 at the Colmcille Heritage Centre, Gartan, Letterkenny (details previously circulated to each Member).

10.2.1 It was agreed to leave nominations “open”.

11 Consutlation Documents

Submitted the following consultation documents:

11.1 Letter and Consultation of changes to the Glass Packaging Recycling Business Target to 2017 published by the Department of the Environment as part of a UK-wide consultation. Consultation closes on 17 January 2014 (copies previously circulated to each Member).

11.2 Consultation on Future Arrangements to Consumer Representation in Northern Ireland prepared by the Department of Enterprise, Trade and Investment requesting a response by 17 January 2014 (copy previously circulated to each Member).

It was

Proposed by Councillor J J McPeake Seconded by Councillor P J Bateson, and

Resolved: that the Council write to the Department of Enterprise Trade and Investment endorsing NILGA’s response on future arrangements for Consumer Representation in Northern Ireland.

9 11.3 Letter and Consultation on a Biodiversity Strategy for Northern Ireland 2020 issued by the Department of the Environment requesting a response by 28 February 2014 (copies previously circulated to each Member).

11.4 Review of Children’s Palliative and End-of-Life Care – Third Phase of the Paediatric Services Review launched by the Department of Health, Social Services and Public Safety requesting a response by 28 March 2014 (copies previously circulated to each Member).

11.5 Consultation on the proposed Public Passenger Transport (Service Agreements and Service Permits) Regulations (Northern Ireland) 2014 prepared by the Department of Regional Development requesting a response by 31 March 2014 (copies previously circulated to each Member).

11.6 It was agreed that if any Member or Party Grouping wished to comment on Items 15.1, 15.3, 15.4 and 15.5 they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.

12 Roads Service

Submitted the following:

12.1 The Private Streets (Northern Ireland) Order 1980

Adoption of Street Works –

Former RIR Base, Station Road, Castledawson Road, Magherafelt (details previously circulated to each Member).

Noted.

13 Water (Northern Ireland) Order 1999

Submitted application from Magherafelt District Council for consent to discharge effluent from Ballymacombs Landfill Site under the Water (Northern Ireland) Order 1999 (details previously circulated to each Member).

Noted.

10 Resolution to Proceed “In Committee”

It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor Mrs C M O’Neill, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

14 Staff Matters

This item was taken “In Committee”.

15 Legal Matters

This item was taken “In Committee”.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor P J Bateson Seconded by Councillor Mrs C M O’Neill, and

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

11 16 Sealing of Documents

The Seal of the Council is hereby affixed to the following documents:

16.1 Grant of Right of Burial to Mrs Charlene Nicholas, 11 Glenburn Park, Magherafelt BT45 5BB, daughter of Miss Diane Watterson (deceased) – Plot K47.

16.2 Memorial Stone

Mr Tohill advised that an application had been received from Mr Robert John Desmond Peden of 2 Sherbourne Heights, Magherafelt BT45 6JP, grantee and husband of deceased – to erect a memorial stone at Plot A136 – Mrs Hilda Peden (deceased).

16.2.1 Following discussion, it was

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

Resolved: that the Council authorise the erection of a memorial stone in accordance with the Rules and Regulations of Polepatrick Cemetery at Plot A 136.

17 For the Information of Members

The following items were submitted for the information of Members:

(a) Copy of Lough Neagh News – December 2013 (copy previously circulated to each Member)

The meeting concluded at 8.00 pm.

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)

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