MAGHERAFELT DISTRICT COUNCIL Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 12 August 2014. The meeting commenced at 7.30 pm. Presiding: Mrs K A McEldowney Other Members Present: J Campbell P J Bateson T J Catherwood J Crawford Mrs C Elattar (joined the meeting at 7.35 pm) Mrs E A Forde M G Kearney G T McFalone 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) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs A Junkin (Chief Executive’s Secretary) Representatives from Other Bodies in Attendance: Ms E Armour – Item 8 Mrs G Beattie – Item 8 Mr R A Montgomery – Item 8 Mr E Hassan – Item 8 DoE Planning Service - Ms Karen Doyle – Planning Officer 1 Apologies B McGuigan and P McLean 2 Minutes 2.1 It was Proposed by Councillor Mrs E A Forde Seconded by Councillor Mrs P L Smith, and Resolved: that the Minutes of the Annual Meeting of the Council held on Tuesday, 10 June 2014 (copy previously circulated to each Member) be taken as read and signed as correct. 2.2 It was Proposed by Councillor T J Catherwood Seconded by Councillor M G Kearney, and Resolved: that the Minutes of Meeting of the Council held on Tuesday, 10 June 2014 (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 matters arising. 3.2 Appointment of Councillor Member to the North Eastern Education and Library Board The Chief Executive advised that Councillor Mrs Patricia Smith had been appointed to the North Eastern Education and Library Board with effect from 28 June 2014 until 31 March 2015. Noted. 3.3 Letters of thanks were received from Maghera Cancer Research Committee for the Council’s donation to their ‘Big Breakfast’ event; Children with Cancer UK for the Council’s contribution towards their work sent in response to Philip Schofield’s Summer Grand Draw 2014; and Lough Neagh Rescue for the Council’s 2013/14 annual contribution. Noted. 3.4 Submitted a letter of thanks from Hannah Ferguson, family and friends for the Civic Reception to mark her success of All-Ireland Scόr Sinsir Solo Singing Champion 2014. Noted. 4 Suspension of Standing Orders 4.1 Councillor Mrs E A Forde requested that Standing Orders be set aside in order to consider the recent flooding in Magherafelt and the alerting of the emergency services. 4.1.1 It was Proposed by Councillor Mrs E A Forde Seconded by Councillor G C Shiels, and Resolved: that Standing Orders be set aside. 5 Recent Flooding in Magherafelt 5.1 Councillor Mrs E A Forde said that there had been problems with the emergency plan in that all the Emergency Agencies had not responded to the recent flooding in Magherafelt. She went on to state that homes in Sandy Braes had been severely flooded and whilst they had no complaints about either the service provided by the Council or the Fire Service they wanted to know about the Rivers Agency and Roads Service and why they had not been notified. She asked what were the Council’s views on the implementation of the plan. 5.2 The Director of Operations explained that Mr Patsy McGlone MLA had contacted him regarding the flooding at Sandy Braes. He then travelled to Magherafelt where he liaised with relevant agencies ensuring that sandbags were issued as required to those affected. 5.3 The Director of Environmental Health advised that his department were out early the next morning visiting homes affected and helping them to complete claim payments of £1,000 for hardship payments under the scheme of Emergency Financial Assistance and by Thursday the first of the payments had been made. 5.4 It was further pointed out that there were no PSNI on site. 5.5 Mr Cassells stated that what happened was, there had been a sudden downpour of rain and that the drainage system could not cope with the heavy deluge of water. However the volume of water had reduced within a couple of hours and the situation changed quickly. He stated that Rivers Agency had removed a culvert behind the bus station which had brought down the water levels. 5.6 Councillor Mrs Forde further enquired where the responsibility lay with the emergency plan and the protocol relating to the notifying of agencies. 5.7 Mr Young explained that there was a flooding incident emergency line and referrals were made to the appropriate drainage agency. The Council’s role would be to liaise with the Drainage Agency and support if requested, possibility set-up an emergency support centre if appropriate, assess the hardship payments, advise on hygiene issues and refer to other agencies as necessary. 5.8 Councillor G C Shiels congratulated the Council staff involved. 5.9 Councillor M G Kearney also commended the staff on their very quick response and the follow-up action. 5.10 Councillor Mrs Forde stated that whilst there were no problems with the Council or Fire Service’s response there were issues with Rivers Agency and the emergency measures for flooding needed to be looked at. 5.11 The Chief Executive advised that no blame could be directed at the Rivers Agency. All of the agencies had reacted quickly to the situation and the fact was that the drainage system could not cope with the sheer volume of water which fell within a very short time. The Rivers Agency was not to blame as the gullies had not been blocked. 6 Resumption under Standing Orders It was Proposed by Councillor Mrs E A Forde Seconded by Councillor D O Totten, and Resolved: that the meeting resume under Standing Orders. 7 Declarations of Interest Councillor Mrs P L Smith declared an interest in The Poetry House, Bellaghy. Noted. 8 Application for the Renewal of an Entertainment Licence – McKinney Memorial Hall, Tobermore 8.1 Resolution to Proceed “In Committee” It was Proposed by Councillor G T McFalone Seconded by Councillor Mrs C M O’Neill, and Resolved: that this item be taken “In Committee” Council “In Committee” This item was taken “In Committee”. Proceedings to Proceed in “Open Council” It was Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and Resolved: that proceedings be resumed in “Open Council” Proceedings in “Open Council” It was Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted. 9 Planning 185/08/2014 9.1 The Planning Officer advised that Planning NI were having problems with the internet at present and as such the acceptance of any letters of submission regarding current applications would be extended until Friday, 15 August 2014. Noted. 9.2 New Planning Applications: H/2010/0489/F – DMD Developments Ltd Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were nine letters of objection to this application. H/2013/0243/F – DRD Roads Service (Northern Division) Deferred for an office meeting for objectors on the request of Councillor Mrs E A Forde. Councillor Mrs Forde to attend the meeting. The Planning Officer advised that there were thirteen letters of objection to this application. H/2013/0454/F – Mr G Powles Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application. H/2014/0034/F – Mr John Donnelly Deferred for an office meeting for objectors on the request of Councillor Mrs E A Forde. Councillor Mrs Forde to attend the meeting. Councillor J J McPeake requested that if there was no new material brought forward at this office meeting and the decision remained unchanged that the opinion to approve be issued without coming back to Council. This was agreed by Council. The Planning Officer advised that there were four letters of objection to this application. H/2014/0042/F – Magherafelt District Council Approval. The Council agreed to the issued of the approval. The Planning Officer advised that there was one letter of objection to this application. H/2014/0060/F – P McIlvor Ltd Approval. The Council agreed to the issue of the approval. H/2014/0086/F – Mr Stephen Duffin Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5. Councillors J J McPeake to attend the meeting. The Planning Officer advised that there were four letters of objection. H/2014/0099/F – SDC Trailers Ltd Approval. The Council agreed to the issue of the approval. H/2014/0118/O – Mrs Jean Steele Deferred for an office meeting on the request of Councillor M G Kearney. Councillor Kearney handed a letter of submission to the Planning Officer – Criterion 5; Councillor Kearney to attend the meeting. H/2014/0151/O – Mr Brendan McCullagh Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application. H/2014/0152/F – Mr Devlin Deferred for an office meeting on the request of Councillor P J Bateson. Councillor Bateson handed a letter of submission to the Planning Officer – Criterion 5; Councillor Bateson to attend the meeting.