MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 11 May 2004. The meeting commenced at 7.30 pm.

Presiding: Miss K A Lagan

Other Members Present: R A Montgomery T J Catherwood P E Groogan O T Hughes J Junkin J F Kerr J A McBride Rev Dr R T Wm McCrea P H McErlean P McLean (joined the meeting at 7.35 pm) 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) C McCarney (Manager, Magherafelt Area Partnership) – Item 3

Representatives from Other : Representatives from a Leadership Bodies in Attendance: Programme funded by Magherafelt Area Partnership

1. MINUTES It was

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

RESOLVED: that the Minutes of the Meeting of the Council held on Thursday, 8 April 2004 (copy circulated to each Member) be taken as read and signed as correct.

2

2. MATTERS ARISING The Chief Executive advised that there were no OUT OF THE MINUTES items as such arising out of the Minutes.

56/5/2003 2.1 Submitted letters of thanks for donations made by the Council to the Northern Ireland Ploughing Association and Dogs Trust.

Noted.

2.2 Submitted a letter from the Traffic Management, Roads Service, Western Division dated 27 April acknowledging receipt of the Council’s letter in connection with Road Traffic and Vehicles off Street Parking in Magherafelt. The letter intimated that the matter had been referred to Roads Service Headquarters for consideration and that Council would be advised of the outcome in due course.

2.3 Submitted a letter from the Divisional Planning Manager, dated 15 April 2004 acknowledging receipt of the Council’s letter in connection with Planning Application H/2003/1544/O – William Clark & Sons Ltd, C/o Ward Design. In her letter, Mrs O’Toole stated that with regard to the Environmental Impact Study, the Department had made its assessment for the need for an EIA based on the information available in respect of the proposal and the fact that it was proposed to retain the existing industrial operation which required the associated dams. The Department consequently judged that no significant adverse impact had been identified which would require an EIS. Should any new information come to light which would imply a significant environmental impact the situation would be reviewed.

Noted.

2.4 Submitted a letter of reply from the Assistant Private Secretary to the Taoiseach dated 30 April in connection with voting rights in Presidential elections. The letter explained that after the conclusion of the Good Friday Agreement, the Taoiseach requested the All Party Oireachtas Committee on the Constitution to consider the question of participation of people from Northern Ireland in national political life.

3

2.4.1 In its Seventh Report, the Committee considered this question including the issue of whether citizens resident in Northern Ireland should be entitled to vote in Presidential elections.

In undertaking this aspect of its work the Committee had the benefit of submissions received from a number of organisations and individuals including the SDLP and Sinn Féin.

2.4.2 The Committee’s view was that while a case could be made for the extension of voting rights in Presidential elections to citizens living in Northern Ireland, it believed that any decision should be deferred until the Good Friday Agreement had become more solidly entrenched, and until the experience of Northern participation in the Seanad could be assessed.

2.4.3 The contents of the letter were noted.

2.5 Submitted copy of letter from the Northern Ireland Office advising that the Secretary of State was holding a Garden Party in the grounds of Hillsborough Castle in June 2004. The theme of the Garden Party was “Business Excellence and Innovation”. The Council was invited to nominate individuals to attend and a total of 14 places (7 x 2) had been allocated to the Council. The Chief Executive stated that both he and the current Chairman, Councillor Miss K A Lagan would be automatically invited to attend along with their partner/guest and should therefore, not be included in the Council’s list. The Chief Executive had proportioned the nominations as follows:-

Sinn Féin 3 x 2 places DUP 2 x 2 places UUP 1 x 2 places SDLP 1 x 2 places

The Chief Executive stated that as there was some urgency in having invitations sent out, he asked that Members give the names and details to his Secretary by Friday, 14 May 2004.

Noted.

4

3. PROPOSED YOUTH Mr Chris McCarney, Magherafelt Area Partnership AWARD SCHEME introduced representatives of young people on a Leadership Programme funded by the Area Partnership who made a presentation on a proposed Youth Award Scheme.

3.1 He explained that this was a youth programme which was also supported by the North Eastern Education and Library Board for young people within the District with funding of £100,000 over three years. The scheme aimed to train young people for leadership and included a citizenship programme. ICT Career Tudors attended the club after school. This group of young people had been undertaken the programme since October 2003.

3.2 Each member of the group introduced themselves and with the aid of overheads explained a little more of the proposed scheme called “The U Awards”.

Why do we need an Award Scheme: The scheme was needed to recognise remarkable young people, to reinforce good behaviour, encourage the acquisition of knowledge and skills in young people, encourage the personal and social development of young people and to make young people feel appreciated.

Participatory Award: This was for young people who were 12-15 years of age. It recognised general qualities in young people such as helpfulness, good behaviour and small achievements. This award could be operated through the voluntary and controlled youth clubs/ unit or centres.

The Key Awards: For young people of 15-25 years of age.

The Giving Tree Award – given to those who had given up their time to service in the community, voluntary work, youth work or charity work. Young people would be required to complete a booklet recording the number of hours worked – 40 hours over a 12 months period would qualify a person for this award.

The International Award – for young people who met three of the following criteria with proof of doing so –

5

° Being an international host ° Recognised in the international community for culture, for sport, for the arts ° Fundraising for other countries ° For international charitable work abroad ° For participating in a cultural exchange.

The Personal Development Award – for young people who have taken on extra-cultural training to help them develop better skills, have achieved in the arts or in sports. A personal portfolio has to be presented on the development of these areas.

Young people could be recommended by teachers in schools, youth organisations, youth workers and the general public, but not a relation for an award.

3.3 Mr McCarney explained that the scheme would work along the following lines. There would be a yearly presentation, good publication and PR work should be carried out. The award should be seen as a one-off award adopted by the Council with a holistic commitment in mind. There would be 48 young people on the scheme each year.

3.4 In conclusion Mr McCarney stated that the presentation was by way of introduction to the scheme to the Council and that more details would be brought to Council at the June meeting.

3.5 The Chairman, Councillor Miss K A Lagan, thanked all those involved for their commitment to the scheme and the young people for their dedication to the scheme. She said that she hoped to be hosting a reception in the future to help launch the scheme.

4. PLANNING SERVICE Application H/2003/0510/O – Mr Ivan Eakin: MANAGEMENT BOARD It was 184/5/2004 PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor T J Catherwood, and

RESOLVED: that the following submission be forwarded to the Planning Service Management Board:

6

1. This site is located on a quiet country road running East to West approximately two miles from the town of Magherafelt.

The applicant feels somewhat aggrieved by the refusal of a single storey dwelling on this site. In the recent past (i.e. within the last five years) a neighbouring dwelling was approved to replace an old dwelling used to shelter cattle for many years.

The bungalow that has replaced the neighbouring derelict property has much improved the area and the applicant had no reason to object to such development as he and the local neighbours thought the area was improved because of the new bungalow.

2 There is a difference with this location compared to others as a unique build up of small single storey buildings have always existed at this location. There were always close neighbouring Ulster style homesteads here, which were locally known as ‘The Cluster’. This is a tradition in the area, and was at one time a step less than a hamlet, or a small hamlet. If one of the more senior members of the community was asked this could be verified. This ‘Cluster’ had five small Ulster homesteads, a local shop and a Blacksmith’s shop. In fact it must have been a very picturesque setting at the time.

3. It is difficult for the applicant, Mr Eakin, whose family has resided in the area for many generations, and the local community, to understand why this ‘Cluster’ is not being allowed to return to resemble the character of its past setting. Indeed they fell that to recreate the ‘Cluster’ would once again establish a part of history, and return the unique charm of this part of Mid-Ulster back to its former character.

4. The site at present is an untidy clutter of dilapidated old buildings with the blacksmith’s shop and part of the old shop and dwelling remaining. The precedence set by the neighbouring property being replaced, from an old livestock occupied dwelling to a new bungalow, is difficult to understand. Yet this development is refused, even though the same set of circumstances exists. 7

The applicant fells that equality should be applied to him in this case, considering the circumstances already explained, and it would only seem fair to permit a similar development to complete the traditional setting.

5. This application has the support of Magherafelt District Council.

5. PLANNING SERVICE Submitted the Divisional Planning Service’s report dated 11 May 2004 (copy circulated to each 185/5/2004 Member).

5.1 The Chief Executive drew attention to the letter accompanying the schedule dated 28 April 2004 from the Divisional Planning Manager. The letter advised that in line with the policy of the Planning Service to conduct its business in an open and transparent fashion it proposed to make the Council Schedules available on their website. This would facilitate applicants, agents, objectors and members of the public in checking if any particular proposal was coming up for discussion. To assist the public in viewing the system and locating any specific application, the format of the schedule had been simplified to ensure ease of access and consistency across the service. The schedule would comprise two sections with all applications running in consecutive numbers. The two sections were – 1. All new applications to Council for the first time; and 2. Items previously deferred with a returned opinion. The schedule had been produced in accordance with the new format.

5.2 Should Councillors wish to comment on the change the Divisional Planning Manager would welcome feedback.

Councillor G C Shiels pointed out that the new format of the planning schedule had been thrust upon the Councillors without any consultation. He objected to the new format because approvals and refusals were all mixed up and much preferred the old style when they were kept separately. He said that the Divisional Planning Manager’s attitude appeared to be no consultation with elected representatives as was the case with the Area Plan which went on display the same day as the notice appeared in the press thereby giving elected representatives no time to contact constituents.

8

Councillor Shiels claimed that the whole co- operation between Councillors and the Planning Office had disappeared.

Councillor R A Montgomery said that there was no list of applications under consideration in the new schedule and he felt that this was important as it acted as a reminder and also meant that it was more difficult for an application to disappear from the list or system.

Councillor J A McBride also agreed with the substance of what the two other Members had said. He said that Green belt CPA was now the reason for 30% of the new applications being refused and 25% from the deferred list. There seemed to be a rush on applications many of which had been tried and tested before and he found this particularly galling particularly with developments in the countryside. He also was opposed to the new format for the planning schedule.

Councillor R A Montgomery requested that the Chief Executive arrange for Members to receive another copy of the Green planning book, as the abbreviations used were a nightmare.

Councillor Rev Dr R T Wm McCrea said that the Divisional Planning Manager was certainly a stern and stiff lady but the planning schedule format did require some discussion and that included proper consultation with Magherafelt District Council out of at least courtesy particularly with such a dramatic change. He requested that the Division be told that the new format of the planning schedule was not acceptable.

Councillor Rev McCrea also stated that he was opposed to the using of the new draft area plan when determining applications forwarded for appeal. He pointed out that the draft plan had not been actually published. He understood that some 400 applications which had been delayed in the planning office in Ballymena were being considered under the new draft area plan. This he said was unfair, particularly if the planning application had been lodged for months and not processed until recently. He said that sites which were actually agreed by the Department were now being refused because of the new draft area plan. He said that this was no fault of the applicant, nor the Council but the fault of the Department.

9

Councillor G C Shiels objected to the draft area plan being used particularly by the Planning Appeals Commission, whom he said could not prejudge an application.

The Chairman stated that it was for these reasons that she would be bringing forward a Notice of Motion, later in the meeting.

Councillor J F Kerr stated that the Planning Service did not listen to the Councillors’ comments on the Draft Area Plan and it had been thrust upon the Council and the people of the Magherafelt District. He felt that a strong message should be sent to the planners from the Council.

The Chairman stated that she was postponing further discussion until her Notice of Motion was being discussed.

5.3 On consideration it was unanimously agreed that the Chief Executive write to the Planning Service expressing their dismay that the Members had not been consulted on the change of format to the planning schedule stating that the two lists were confusing and requesting that the old format be used including the list of applications still under consideration.

5.4 Mr Tohill advised that an e-mail had been received from the Planning Officer advising that Item 29 on Page 11 of 39, an additional refusal reason should have been included – Contrary to DES 3 (setting of towns and villages).

5.5 Mr Tohill also advised that Members had received a schedule of site meetings commencing Friday, 14 May. An alternative site meeting schedule was also included where all housing development refusals, and other applications refused solely on new policies/zonings in Draft Magherafelt Area Plan 2015 were deferred for office meetings rather than site meetings. Ms Denise Dickson, Planning Officer had requested that she be advised which schedule the Council wished to run with.

5.6 Mr Tohill also referred to an e-mail addressed to Mrs Junkin regarding her queries on the two schedules, the current arrangements for contacting the planning office and the reason as to why certain applications were not included in the second schedule. 10

Ms Dickson explained that the first schedule listed all first-time refusals. The second schedule removed all housing applications which were refused on the basis of the Draft Area Plan.

5.7 Members agreed to use the first schedule on which all first-time refusals were listed.

5.8 New Applications:

H/2003/0339/F – Messrs B Ballintine Approval.

H/2003/0506/F – Mr R Ditty Approval.

H/2003/0595/O – Mr H Graham Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 10.40 am. Councillor P H McErlean to attend.

H/2003/0623/O – Younger Homes Ltd Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 2.00 pm. Councillors G C Shiels and the Chairman, Councillor Miss K A Lagan to attend.

H/2003/0659/O - Mr S Hamilton Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 11.30 am. Councillors O T Hughes and J A McBride to attend.

H/2003/0750/O – Mr G Boyle Approval.

H/2003/0764/F – Mrs M Hughes Approval.

H/2003/0797/F – Northern Ireland Electricity Approval.

H/2003/0824/O – Mr J Gordon Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 9.30 am. Councillor P H McErlean to attend.

11

H/2003/0825/O – G McKee Refusal. It was

PROPOSED by Councillor G C Shiels, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that in the event of the application being forwarded for a Planning Appeal, the Council fully supports the application.

H/2003/0866/O – Mr D Kelly Approval.

H/2003/0904/O – Miss E McGurk Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 11.15 am. Councillor R A Montgomery to attend.

H/2003/0918/RM – H Hasson One objection had been received. Approval.

H/2003/0936/F – Mr N O’Hagan Approval.

H/2003/0988/F – R Henderson Approval.

H/2003/1020/O – Mr D Friel Refusal. It was

PROPOSED by Councillor H E Mullan, Seconded by Councillor S O’Brien, and

RESOLVED: that in the event of the application being forwarded for a planning appeal the Council fully supports the application.

H/2003/1024/O – Mr C McMullan Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 9.50 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1029/F – MCG Contracts Ltd Approval.

H/2003/1043/F – Mr S Lee Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 12 noon. Councillor O T Hughes to attend.

12

H/2003/1076/O – T Adams Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 9.30 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1095/O – Mr G McAllister Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 1.00 pm. Councillor J A McBride to attend.

H/2003/1103/F – Mr G McAllister Approval.

H/2003/1106/F – Younger Homes Ltd Ten objections had been received. Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 1.00 pm. The Chairman, Councillor Miss K A Lagan and Councillor J J McPeake to attend.

H/2003/1118/O – D Friel Refusal. It was

PROPOSED by Councillor H E Mullan, Seconded by Councillor S O’Brien, and

RESOLVED: that in the event of the application being forwarded for a planning appeal the Council fully supports the application.

H/2003/1119/F – Mr & Mrs M Wilson Approval.

H/2003/1122/O – Mr S & E Garvin Approval.

H/2003/1125/O – F Rafferty Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 3.20 pm. Councillors J J McPeake and the Chairman, Councillor Miss K A Lagan to attend.

H/2003/1133/O – Mr H McKenna Approval.

H/2003/1164/O – Mr E Burns Refusal. It was

PROPOSED by Councillor P E Groogan, Seconded by Councillor R A Montgomery, and

RESOLVED: that in the event of the application being forwarded for a planning appeal the Council fully supports the application. 13

H/2003/1183/RM – Mr & Mrs C Doherty Approval.

H/2003/1191/O – Mr S Murphy Deferred for an office meeting on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/1192/O – O Bradley Deferred for an office meeting on the request of Councillor J A McBride.

H/2003/1193/O, H/2003/1195/O, H/2003/1196/O & H/2003/1198 – Mr S Murphy Deferred for an office meeting on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/1206/O – Mr M Gallagher Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 1.20 pm. Councillors Rev Dr R T Wm McCrea and J A McBride to attend.

H/2003/1210/O – A Kearney Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 1.30 pm. Councillors H E Mullan and J F Kerr to attend.

H/2003/1226/O – Mr K Bodkin Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 10.00 am. Councillor R A Montgomery to attend.

H/2003/1227/O – Mr K Bodkin Approval.

H/2003/1229/F – M Clarke Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 10.10 am. Councillor J A McBride to attend.

H/2003/1232/O – E O’Kane Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 12 noon. The Chairman, Councillor Miss K A Lagan and Councillor H E Mullan to attend.

H/2003/1236/O – Mr J O’Hagan Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 10.50 am. Councillor P E Groogan to attend.

14

Mr Tohill read an e-mail received from Mr O’Hagan strongly objecting to the Planning opinion to refuse.

H/2003/1241/O – Mr J McCartney Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 10.50 am. Councillors J A McBride and O T Hughes to attend.

H/2003/1242/F – Saint Vincent De Paul Three objections. Deferred for an office meeting on the request of Councillor J A McBride.

H/2003/1243/F – B McGillian Deferred. Site meeting to be arranged for Monday, 17 May 2004 at 11.40 am. Councillor P E Groogan to attend.

H/2003/1280/O – Mr M O’Kane Deferred for an office meeting on the request of Councillor J A McBride.

H/2003/1281/O – Mr W R Savage Approval.

H/2003/1284/O – Mr D Adams Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 9.50 am. Councillors J Junkin and O T Hughes to attend.

H/2003/1287/F – Mr A Gillen Approval.

H/2003/1288/F – Mr D Starritt Approval.

H/2003/1290/O – Mr S Sufferin Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 1.45 pm. Councillors Rev Dr R T Wm McCrea and G C Shiels to attend.

H/2003/1294/O – Mr & Mrs Tohill Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 11.40 am. Councillors J A McBride and P H McErlean to attend.

H/2003/1297/O – Mrs Y Gordon Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 9.50 am. Councillors O T Hughes and P H McErlean to attend.

15

H/2003/1302/O – Mr Grahame Approval.

H/2003/1305/O – Mr C Gribben Approval.

H/2003/1308/O – Mr O Mulholland Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 9.30 am. Councillor J A McBride to attend.

H/2003/1316/O – Mr M McKenna Approval.

H/2003/1319/O – M Scullion Approval.

H/2003/1325/F – Mr V Conway Approval.

H/2003/1331/O – H Kelly Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 3.00 pm. Councillor H E Mullan to attend.

H/2003/1332/F – Mr & Mrs Brunton Approval.

H/2003/1334/O – J Buchanan Approval.

H/2003/1356/O – Mr A Scullion Approval.

H/2003/1363/O – Mr J Stewart Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 11.10 am. Councillor O T Hughes to attend.

H/2003/1371/O – Mr & Mrs S Bosman Approval.

H/2003/1372/O – Mr P Griffin Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 9.30 am. Site meeting to be arranged. Councillors O T Hughes and P H McErlean to attend.

H/2003/1377/F – Mr C Harlow Approval.

H/2003/1385/RM – Mr & Mrs D Magill Approval. 16

H/2003/1387/O & H/2003/1388 – Mr J Gribbon Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 11.20 am. Councillor H E Mullan to attend.

H/2003/1398/O – P McPeake Approval.

H/2003/1404/RM – Mr W Lawrence Approval.

H/2003/1428/F – Mr D Doyle Approval.

H/2003/1430/O – Mr M Bradley Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 11.20 am. Councillor S O’Brien to attend.

H/2003/1466/O – R Milne Three objections. Deferred. Site meeting to be arranged for Friday, 14 May 2004 at 10.10 am. Councillors P H McErlean and O T Hughes to attend.

H/2003/1472/F – Mrs M Toner Approval.

H/2003/1495/F – Mr M McErlean Approval.

H/2003/1508/RM – T McGoldrick Approval.

H/2003/1524/O – Mr W Young Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 10.20 am. Councillors Rev Dr R T Wm McCrea and J A McBride to attend.

H/2004/0019/F – R Taylor Deferred. Site meeting to be arranged for Tuesday, 18 May 2004 at 2.10 pm. Councillors Rev Dr R T Wm McCrea and T J Catherwood to attend.

H/2004/0089/RM – Mrs A McDonnell Approval.

17

H/2004/0158/F – Mr T Burke Three objections. Refusal. It was

PROPOSED by Councillor J A McBride, Seconded by Councillor R A Montgomery, and

RESOLVED: that in the event of the application being forwarded for a planning appeal the Council fully supports the application.

H/2004/0173/RM – Mr A Heaney Approval.

H/2004/0175/F – Watty Graham’s Gaelic Athletic Club Approval.

H/2004/0179/O – K Tohill Deferred. Site meeting to be arranged for Wednesday, 19 May 2004 at 12 noon. Councillor J A McBride to attend.

H/2004/0183/F – SMW Property Management Approval.

H/2004/0191/F – Mr R Shiels Approval.

H/2004/0212/R – Teague & Sally Approval.

H/2004/0214/F – P O’Neill Approval.

H/2004/0217/RM – Mr C Molloy Approval.

H/2004/0254/F – P Fullerton Approval.

H/2004/0268/F – W Boone Approval.

H/2004/0274/F – Mr P McLarnon Approval.

H/2004/0278/F – Mr K O’Kane Approval.

H/2004/0287/RM – Mr T McCracken Approval.

18

H/2004/0291/F – Mrs J Glasgow Approval.

H/2004/0302/RM – Mr & Mrs F Quinn Approval.

H/2004/0317/F – Northern Ireland Electricity Two objections. Approval.

H/2004/0320/RM – Mr A O’Kane Approval.

H/2004/0321/F – Mr P McKenna Approval.

H/2004/0329/F – Mrs Darragh Approval.

H/2004/0332/RM – Miss L Burns Approval.

H/2004/0333/F – Mr & Mrs R Speirs Approval.

H/2004/0353/F – NIHE Approval.

H/2004/0357/F – Mr & Mrs A Newman Approval.

H/2004/0359/F – Mr K Taylor Approval.

H/2004/0362/F – Mr & Mrs McGuckin Approval.

H/2004/0364/F – NICIE Approval.

H/2004/0365/RM – A Williamson Approval.

H/2004/0374/F – Mr J Collins Approval.

H/2004/0384/F – Mr & Mrs T Seffen Approval.

H/2004/0385/F – B McKee Approval.

H/2004/0403/RM – L McPeake One objection. Approval. 19

H/2004/0405/F – Mr & Mrs J Lagan Approval.

5.9 Applications Deferred from Previous Meeting:

H/1999/0283 – R Hogg & Sons Councillor G C Shiels requested three weeks to withdraw or a refusal issued.

H/2003/1092/O – Mr D Moore Councillor Rev Dr R T Wm McCrea requested three weeks to withdraw or refusal issued.

H/2003/0226/O – Mr P McCann Councillor J A McBride requested three weeks to withdraw or refusal issued.

H/2003/0396/O – A Palmer Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0501/O – Mr J McKeever Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0625/O – Mr S Johnston Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0629/O – Mr I Millar Deferred for an office meeting on the request of Councillors J Junkin and T J Catherwood.

H/2003/0657/O – P Duggan Deferred for an office meeting on the request of Councillors J J McPeake, J A McBride and P H McErlean.

H/2003/0734/O – Mr M Davidson Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/0742/O – Mr V Conway Three weeks to withdraw or refusal issued.

H/2003/0746/O – J Blair Deferred for one month on the request of Councillor O T Hughes.

20

H/2003/0760/O – Mr H Leacock Deferred. It was

PROPOSED by Councillor G C Shiels, Seconded by Councillor R A Montgomery, 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, 8 June 2004.

H/2003/0765/O – Mr G Gordon Deferred for one month on the request of Councillor J Junkin.

H/2003/0779/O – Mr P McLaughlin Refusal. It was

PROPOSED by Councillor O T Hughes, Seconded by Councillor P H McErlean, and

RESOLVED: that in the event of this application being forwarded for a planning appeal the Council fully supports the application.

H/2003/0827/O – Miss J Derby Deferred. It was

PROPOSED by Councillor J A McBride, Seconded by Councillor P H McErlean, 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, 8 June, 2004.

H/2003/0835/O – M Birt Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0857/O – Mrs C Johnstone Deferred for one month on the request of Councillor R A Montgomery.

H/2003/0903/F – Mr M Wilson Deferred for one month on the request of Councillor G C Shiels.

H/2003/0929/O – Mrs J Mullan Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

21

H/2003/0942/O – Mr E McCloskey Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/0989/O – T Carmichael Deferred for an office meeting on the request of Councillor J J McPeake.

H/2003/1021/O – M Kelly Deferred for an office meeting on the request of the Chairman, Councillor Miss K A Lagan.

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

H/2003/1033/F – Mr & Mrs C Grey Approval.

H/2003/1052/O – Mr D Kelly Approval.

H/2003/1130/O – Mr J Henry Deferred for an office meeting on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/1152/O – Mrs I Hinfey Deferred for an office meeting on the request of Councillor J A McBride.

H/2003/1155/O – Mr C McLernon Deferred for an office meeting on the request of Councillors P E Groogan and J A McBride.

H/2003/1169/O – S McKeever Refusal. It was

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

RESOLVED: that in the event of the application being forwarded for a planning appeal, the Council fully supports the application.

H/2003/1170/O – Mr J Doyle Councillor J A McBride requested three weeks to withdraw or refusal issued.

H/2003/1187/O – Mr C McBride Councillor P E Groogan requested three weeks to withdraw or refusal issued.

22

H/2003/1201/O, H/2003/1202 & H/2003/1212/O – Mr A Mawhinney Deferred for an office meeting on the request of Councillor P H McErlean.

H/2003/1215/O – Mr A Mawhinney Approval.

H/2003/1217/O – E Gallagher Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/1221/O – D Lyle Deferred for an office meeting on the request of Councillors R A Montgomery and G C Shiels.

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

H/2003/1245/O & H/2003/1246/O – Mr M & N Downey Deferred for an office meeting on the request of Councillor J J McPeake.

H/2003/1257/F – Mr D Young Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1269/O – J Martin Refusal. It was

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

RESOLVED: that in the event of the application being forwarded to a planning appeal the Council fully supports the application.

H/2003/1270/F – Mr N McCann Deferred for an office meeting on the request of Councillor J A McBride.

H/2003/1275/O – Mrs A O’Donoghue Deferred for one month on the request of Councillor J Junkin.

H/2003/1317/O – Mr J Barclay Approval.

23

5.10 Applications lodged with the Planning Appeals Commission – District Council View Sought:

H/2003/1105/F – Three – Four Ltd The Council supported the applicant’s right to appeal.

H/2003/1544/O – William Clarke & Son Councillor Rev Dr R T Wm McCrea reported that he had made representations on this application. The Council had also written to the Planning Service regarding the industrial works.

H/2004/0008/O – F P McCann Developments Ltd & H/2004/0009/O – F P McCann Developments Ltd

It was

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

RESOLVED: that the Council supports both applications at Planning Appeals stage, which was the normal procedure.

5.11 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 11 May 2004 subject to the above conditions and amendments.

5.12 Submitted letters from the Divisional Planning Manager advising that appeals in default of planning decisions were lodged with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order (copies circulated to each Member).

The Chief Executive advised that these applications had already been considered at the end of the planning schedule.

24

5.13 Submitted letter and guidance notes advising that the Department had made Regulations entitled the Planning (Fees) (Amendment) Regulations (Northern Ireland) 2004. The Regulations increasing planning fees, came into operation on 12 April 2004 (copy circulated to each Member).

Noted.

6. PLANNING APPEALS Submitted Bulletins prepared by the Planning COMMISSION Appeals Commission for the months of January, February and March 2004. The Chief Executive 218/5/2004 advised that there was one application from the Magherafelt District in the January Bulletin, four in the February Bulletin and four in the March Bulletin.

6.1 Application H/2002/0307/O – residential development for Mr J Chivers on Hillhead Road (opposite Harmony Hill) Castledawson.

This proposal was for residential development and six semi-detached bungalows were indicated on the illustrative plan. Whilst the refusal was primarily concerned with the development of single dwellings, the Commission considered that the purpose of policy for the rural remainder was to control development on the basis of planning and environmental issues. Harmony Hill had not been designed as a dispersed rural community in the Magherafelt Area Plan, the current statutory plan the commission agreed, that the criteria for identifying dispersed rural settlements had not been satisfied. The Commission was not convinced by the evidence that there was a need for additional housing in the area and concluded that the presumption against groups of houses in the open countryside applied. The development of an open roadside site for housing in a linear suburban form would add unacceptably to existing development on the opposite side of Hillhead Road and concluded that there would be a detrimental effect on the landscape and on rural character. While the Commission agreed that the issues raised by the objector were not determining, if found the issues raised by the reasons for refusal to have been sustained. The appeal was dismissed.

Noted.

25

6.2 Application H/2002/0347/O – dwelling and garage for Mr B Gribben, 50 metres South East of 124 Creagh Road, Castledawson.

The Commission judged that when seen from the site frontage and the frontage of 121 Creagh Road, the proposed dwelling would not be satisfactorily integrated into the countryside and would have an adverse impact on the landscape. The dwelling would be the fourth roadside building in a row and would represent an extension of ribbon development. It would result in a further detrimental change to the rural character of this area of countryside. Although there were poorly integrated and suburban dwellings already in the area, the Commission did not consider that this form of development should be perpetuated. It concluded that the reasons for refusal had been sustained. The appeal was dismissed.

Noted.

6.3 Application H/2002/1069/O – bungalow for Mr E Madden at the rear of 47 Moyagoney Road, Portglenone.

The proposed dwelling would be viewed in close proximity to existing buildings and against the backdrop of a substantial treed hedgerow on the Northern boundary within an area with no coherent pattern of development. In such circumstances the Commission agreed that the second and third reasons for refusal had been substantiated. The Commission accepted that the proposal would substantially fill the visual gap between 47 Moyagoney Road and the dwelling on Site 8 and would visually extend the line of development from the dwelling on the opposite side of the road, No.47 and the shed in its curtilage into open country to the West and as a consequence would be contrary to Policy DES 6 of “A Planning Strategy for Rural Northern Ireland”. The Commission was satisfied that the issue of fairness should not have determining weight in this case and found that the first reason (integration) for refusal had been sustained. The appeal was dismissed.

Noted.

6.4 Application H/2002/1066/O – dwelling and garage for Mr John Murphy on a site 80 metres South West of 43 Moss Road, Ballymaguigan, Magherafelt. 26

The Commission agreed that the crucial issue in this appeal was the impact of the proposed access to the appeal site. The proposed driveway leading to the proposed dwelling would appear as a prominent feature on a rising crest. Accordingly, the proposal viewed as a whole would not meet the required degree of integration into the countryside as set out in Policy DES 5 of “A Planning Strategy for Rural Northern Ireland”. While an alternative means of access from the laneway running along the North Western boundary of the site was suggested by the appellant, neighbours potentially affected by this change to the proposal had not had an opportunity to make their views known and accordingly it could not be considered as part of the proposal before the Commission.

The Commission considered that the proposed development would not result in an unacceptable build-up of development in these areas but found that the first reason for refusal (integration) had been sustained insofar as the proposed means of access was concerned. The appeal was dismissed.

Noted.

6.5 Application H/2003/0522/O – housing development for F P McCann Developments Limited on lands around 3 Loves Road, Magherafelt.

The appeal was allowed subject to conditions.

Noted.

6.6 Application H/2002/0610/O – bungalow for Mr D Mulholland, Scribe Road, Bellaghy (at junction beside 34 Tamlaghtduff Road).

This site comprises part of a larger field and while there was some vegetation it was substantially open. The Commission agreed that the site boundaries were unable to provide a suitable degree of integration contrary to the requirements of Policy DES 5 of “A Planning Strategy for Rural Northern Ireland”. While the proposed dwelling would be visually linked to 34 Tamlaghtduff Road there were substantial visual gaps to the South to Nos. 28-32 Tamlaghtduff Road and to the dwelling further to the North West and consequently the proposal would not constitute ribbon development.

27

The proposal, on views from the North West and North East would be intervisible with other dwellings contributing to an impression of build up and contrary to the provisions of Policy DES 6. The appeal was dismissed.

Noted.

6.7 Application H/2003/0458/O – housing development for F P McCann Developments Limited at Lisnamuck Road, Tobermore.

The appeal was allowed subject to conditions.

Noted.

6.8 Application H/2003/0518/O – housing development for F P McCann Developments Limited around 4 Desertmartin Road, Tobermore.

This appeal was allowed subject to conditions.

Noted.

6.9 Application H/2003/0361/O – housing development for Mr Patrick Dillon, 7-39 Mayogall Road, Gulladuff, Knockloughrim, Magherafelt.

This appeal was allowed subject to conditions.

Noted.

7. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 1April to 4 May 2004 (copy circulated to each Member). 210/5/2004 7.1 Mr Glendinning stated that during the period of the report thirty-five applications had been recommended for approval. There were no rejections, no cancellations and no requests for extension of time.

7.1.1 Ninety-one applications had commenced on site and sixth-one applications were found to be complete in accordance with Building Regulations.

7.1.2 Mr Glendinning reported that annual re- licensing inspections were ongoing for Petroleum Licensing in order to comply with the Petroleum Regulations.

28

7.2 It was

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

RESOLVED: that the report as submitted be adopted.

8. ENTERTAINMENTS Submitted the following application for an LICENCES Entertainments Licences which was recommended for renewal:

E. 25 Wolfe Tones GAC Social Club 30 Ballyscullion Road, Bellaghy – Mr Kevin Doherty

The following application was also submitted from renewal pending favourable reports from the Police Service and Fire Authority:

E.127 The Bridge Bar & Lounge 1 Bridge Street, Castledawson – Mr Jackie Hancock

8.2 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor P E Groogan, and

RESOLVED: that the application E.25 as submitted be renewed, and application E.127 subject to favourable reports being received from the Police Service and Fire Authority, be approved as submitted.

9. PETROLEUM Submitted the following applications for Petroleum LICENCES Licences which were recommended for renewal:

P. 3 Centra Filling Station 40 Ballyronan Road, Magherafelt – Mr Brian McNicholl

P. 6 Highfield Service Station 55 Moneymore Road, Magherafelt – Mr Kenny Bradley

P. 14 Boyles Service Station 1 Magherafelt Road, Castledawson – Mr A Boyle

29

P. 30 Hillside Filling Station 16-18 William Street, Bellaghy – Mr Damian Convery

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

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

P. 35 Star Service Station 36 Castledawson Road, Magherafelt – Mr J Hancock

P. 37 Heron Brothers 2 St Patrick Street, Draperstown – Messrs Heron Brothers

P. 50 Glen Road Service Station 48 Glen Road, Maghera – Mr Eamon McKenna

P. 52 Service Station 37 Kilrea Road, Upperlands – Brian & Meta McEldowney

P. 58 McSorley Brothers 8 Tobermore Road, Draperstown – Mr Michael J McSorley

P. 70 J W Cunningham & Sons 3-5 Bank Square, Maghera – Mr A Cunningham

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

P. 92 Gregg’s Filling Station 137 Aughrim Road, Magherafelt – Mr Mervyn Gregg

P. 97 Swatragh Filling Station 17 Moneysharvin Road, Swatragh – Mr N McGrath

30

9.1 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 be renewed.

10. ENVIRONMENTAL Mr Burrows submitted the report for April HEALTH DEPARTMENT 2004 (copy circulated to each Member). The following matters were taken into consideration:- 196/5/2004 10.1 Application for Approval of Integrated Meat Products Premises Under The Meat Products (Hygiene) Regulations (Northern Ireland) 1997:

In referring to his report, Mr Burrows outlined the Council Directive 92/5/EEC which lay down the health rules for the production and placing on the market of meat products for human consumption which were adopted on 19 February 1992. He stated that District Councils were responsible for granting approval of premises and enforcing the relevant requirements of the Regulations in “stand- alone” meat products premises.

10.1.1 Mr Burrows advised that an application for approval under the Meat Products (Hygiene) Regulations (Northern Ireland) 1997 had been received from McKees, 11 Fairhill, Maghera, integrated premises within the District Council area. The premises had been inspected, classified and found to comply with the relevant requirements of the Regulations.

10.1.2 Mr Burrows recommended that the Council recommend to the Department of Agriculture and Rural Development that approval be granted to McKee’s, 11 Fairhill, Maghera as being an industrial meat products premises which complies with the relevant requirements of the Meat Products (Hygiene) Regulations (Northern Ireland) 1997 in respect of the manufacture of meat products containing 10% or less meat, namely quiche.

31

10.1.3 On consideration it was

PROPOSED by Councillor S O’Brien, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: to adopt the recommendation of the Director of Environmental Health that the Council recommend to the Department of Agriculture and Rural Development that approval be granted to McKees, 11 Fairhill, Maghera as being an industrial meat products premises which complies with the relevant requirements of the Meat Products (Hygiene) Regulations (Northern Ireland) 1997 in respect of the manufacture of meat products containing 10% or less meat, namely quiche.

10.2 Control by District Councils of Cosmetic Piercing and Semi-permanent Skin- colouring Business: Mr Burrows outlined the background to the Department of the Environment’s proposal to bring forward legislation for the regulation of businesses that carried out cosmetic piercing (that is, body- piercing) and semi-permanent skin-colouring (including micro-pigmentation, semi-permanent make-up and temporary tattooing) and to bring them under the control of District Councils. The purpose of the legislation was to protect clients of these businesses from the risk of transmission of blood-borne viruses and other infections.

10.2.1 Mr Burrows explained that under Part V of the Local Government (Miscellaneous Provisions) (NI) Order 1985 District Councils may resolve to apply the provisions of the Part enabling them to control the practices of acupuncture, tattooing, ear- piercing and electrolysis in their districts. Magherafelt District Council passed a resolution on 28 October 1985 to apply these provisions and make the necessary Bye-laws for such control.

10.2.2 Mr Burrows advised that the Government intended to bring forward an amendment to the Local Government (Miscellaneous Provisions) (NI) Order 2004 which would:

° extend the powers which District Councils had in relation to tattooing, ear-piercing and electrolysis to include cosmetic piercing and semi-permanent skin-colouring; 32

° give District Councils power to regulate businesses carrying out cosmetic piercing and semi-permanent skin-colouring by registration and bye-laws relating to hygiene and cleanliness of practitioners, premises and equipment;

° make it an offence to trade without registration or to be in breach of bye-laws in Council areas that had resolved to apply the provisions of the 1985 Order in relation to tattooing, ear-piercing and electrolysis.

He said that the proposal would provide for the transition from the current legislation to the amended legislation to avoid disruption to Councils and businesses provided that the amendment did not affect persons and premises already registered for tattooing, ear-piercing and electrolysis.

10.2.3 Mr Burrows stated that the proposals were to be welcomed as they incorporated into the control regime many modern day body art practices which were previously uncontrolled. However, he pointed out that the current legislation and the proposed amendments did not provide for any measure of control in relation to minors seeking these treatments. There had been numerous reports of children aged less than 16 years being pierced, much to the annoyance of their parents.

10.2.4 Mr Burrows recommended that the Council in its response to this consultation considered expressing the view that such controls should be put in place by including in the new legislation a provision enabling District Councils to decide what age-restriction conditions should apply in their Districts.

10.2.5 Mr Burrows added that Articles 13 (6) and 14 (6) stated that a District Council might charge Registration Fees. Under Part V of the 1985 Order the Council set a fee of £25 on 28 October 1985. Mr Burrows said that given that almost 19 years had since elapsed he recommended that the Council consider increasing the fee to £75.

33

10.2.6 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: to adopt the recommendations of the Director of Environmental Health and that the Council in its response to this consultation express the view that such controls be put in place by including in the new legislation a provision enabling Councils to decide what age-restriction conditions should apply in their districts. It was further resolved that the registration fee under Part V of the 1985 Order be increased from £25 to £75.

10.3 Annual Review of Food Service 2003/2004: Mr Burrows referred to Appendix A to his report and advised that The Foods Standards Agency required all local authorities to produce an annual food service plan which specified the level of service to be provided by each Council and also identified the resources required for this level of service. The FSA also required each Council to carry out a review of the actual level of service provided during the relevant period of each food service plan. He said that the report reviewed the service provided by the department as compared with the planned level of service during the period 1 April 2003 to 31 March 2004.

10.3.1 Councillor J F Kerr congratulated the Environmental Health staff on the results of the food standards and hygiene. He said that many local authorities were not doing as much as they could. Magherafelt had scored well. He highlighted the fact that everyone was entitled to have healthy and good food.

10.4 Food Service Plan 2004/2005: Mr Burrows sought approval for the Food Service Plan for 2004/2005 – Appendix B to his report.

10.4.1 On consideration it was

PROPOSED by Councillor P E Groogan, Seconded by Councillor J F Kerr, and

RESOLVED: to approve the Council’s Food Service Plan for 2004/2005.

34

10.5 Health and Safety Seminar: Mr Burrows reported that much emphasis was being placed on enforcement authorities (HSENI) and local Councils to provide advice and information to such businesses as may not be able to afford to employ specialist health and safety advisers. In partnership with HSENI, Invest NI and Northern Group Systems a series of low cost seminars had been organised and were being run throughout the Northern Group of Councils. A joint seminar for the Magherafelt and Cookstown District Council areas had been held in Cookstown on 21 April 2004. Invitations were sent to some 330 businesses in the area together with an information pack containing practical advice. Mr Burrows stated that he was disappointed to have to report that only 10 businesses from the Magherafelt district felt it worthwhile attending the event. Noted.

10.6 Industrial Pollution Control (NI) Order 1997: Mr Burrows updated the Members on the position with Creagh Concrete Products Limited. He advised that an enforcement notice under Article 13 of the 1997 Order had been served on Creagh Concrete Products Ltd in respect of dry scraping of the yard surfaces using a mechanical shovel. This activity was in breach of Condition 22 of the Company’s authorisation, and the effect of the notice was to ensure that the activity did not recur. He said that periodic inspections of the plant would be made to assess the firm’s performance in this and other aspects of the authorisation requirements. To date there has been no evidence of any breach of this notice.

10.6.1 In reply to Members regarding dust emissions, Mr Burrows stated that there was video evidence of fugitive dust due to dry brushing and that an Enforcement Notice was presently being prepared regarding this activity. Mr Burrows also stated that a sprinkler system was expected to be installed by 15 May 2004.

10.6.2 Mr Burrows stated that with regard to the noise situation, the Notice period of 90 days had expired and that monitoring had begun to assess the present levels. He advised that some 50% of the current measurements were at or below the lever of 55 dBA with the remainder exceeding this level and that further monitoring would be needed. 35

He again explained the different requirements of noise levels due to day and night time activities and said that monitoring for night-time activity could only be carried out in a bedroom with the permission of the householder.

10.6.3 Councillor P McLean stated that there had been quite a reduction in the noise levels and requested that monitoring would continue.

10.6.4 Councillor Rev McCrea raised the issue of dust and enquired how long it had been since the company had promised to act on this problem.

10.6.5 Mr Burrows stated that a sprinkler was scheduled to be commissioned about 15 May 2004.

10.6.6 The Chairman, Councillor Miss K A Lagan suggested that with the lighter mornings the company would start its activities earlier in the day.

10.6.7 Mr Burrows said that such decisions were up to the company itself but that they would be subject to the more rigorous night-time noise level limits.

10.6.8 Councillor Rev McCrea stated that it would be interesting to monitor if those living close to the company would be treated in the same manner.

10.6.9 Mr Burrows stressed that the all that was required was the best practical means in order to convince a judge if there were proceedings.

10.6.10 Councillor Rev McCrea commented that all that had happened was promises, the matter had been constantly brought up at Council and the company should be pushed until there were results that were what the community wanted.

10.6.11 Mr Burrows assured the Members that the officers would like to see the matter resolved.

10.6.12 It was

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

RESOLVED: to adopt the remainder of the Environmental Health Report which was the information of Members. 36

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

322/5/2004 Development Services:

11.1 Sperrins Tourism Ltd NRRTI Funding Mr Johnston advised that sub-measure 2.1 (Scenic Routes) of the NRRTI Funding Programme was held on Wednesday, 28 April 2004. The meeting was chaired by Mr Andrew Sides of Sperrins Tourism Ltd. At that meeting Mr Sides advised that the £250,000 allocation had to be committed to projects by the end of June 2004.

11.1.1 Mr Johnston informed the Members that Magherafelt District Council was involved in two of the projects. The first project involved Limavady, Coleraine and Magherafelt Councils. This proposed route would basically enter the Magherafelt Council area from Limavady Council area at Moneyneany, it would then proceed via Tobermore, Maghera and Upperlands to Swatragh where it would enter the Coleraine Council area. The second route involved Cookstown and Magherafelt Councils. This proposed route would enter the Magherafelt Council area from Cookstown Council area at the Disert Road, Draperstown, it would then proceed via Sixtowns, Draperstown and Desertmartin to Moneymore where it would re-enter the Cookstown Council area.

11.1.2 Mr Johnston advised the Members that he had included in their pack for the meeting copies of maps which showed these routes in detail.

Noted.

11.2 Action Plan for Non-NRRTI Areas Mr Johnston advised the Members that an Action Plan for the Non-NRRTI areas had been completed for Sperrins Tourism by Tourism Development International and would focus on obtaining funding for the rural wards not covered by the NRRTI Funding Programme. He confirmed that the document had been approved by the Management Committee of Sperrins Tourism and was now being circulated to all member Local Authorities seeking their support in principle for this plan.

37

11.2.1 Mr Johnston recommended that the Council support the plan in principle, however if Sperrin Tourism was successful in becoming the body responsible for distributing this funding, each proposal should be decided by the Council on its merits, before being implemented by Sperrins Tourism.

11.2.2 It was

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

RESOLVED: that the Council supports the plan in principle, however if Sperrins Tourism was successful in becoming the body responsible for distributing this funding, then each proposal would have to be approved by Council before being implemented by Sperrins Tourism Limited.

11.3 Magherafelt Arts Trust Mr Johnston advised the meeting that the Annual General Meeting of the Arts Trust was held on Thursday, 29 April 2004 and that the following Office-bearers had been elected at this meeting:

Chairperson – Mrs P Ward Vice-Chairperson – Mr L O’Neill Treasurer – Councillor G C Shiels Secretary – Mrs G McCullagh

Mr Johnston stated that at this meeting the Chairman of Magherafelt District Council, Councillor Miss K A Lagan presented grant-aid cheques to twenty-seven organisations.

Noted.

Community Relations:

11.4 Mr Johnston advised on developments regarding the May Festival and the Magherafelt and Maghera CCTV Projects.

11.5 Proposed Country Concert – Greenvale Leisure Centre Mr Johnston advised the Council that it was proposed to host a Country Music Concert in the Greenvale Leisure on Saturday, 31 July 2004 at 8.00 pm. The main artist would be Mr Derek Mehaffey from Omagh. He stated that Mr Mehaffey fee, with full band, would cost £1,500. 38

It was proposed that the compere for the night would be Mr Ian Coalter from Moy. The admission fee would be £5 per person. Mr Johnston asked the Council’s permission to hold this concert for the benefit or pleasure of those interested in this type of music.

11.5.1 It was

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

RESOLVED: that the Council would give the Community Relations Department permission to hold a country concert, the main artist to be Mr Derek Mehaffey at Greenvale Leisure Centre on Saturday, 31 July 2004.

11.6 Halloween Celebrations Mr Johnston advised Members that the 31 October 2004 was a Sunday and therefore the officers were suggesting Saturday, 30 October 2004 as an alternative date for hosting the traditional Halloween celebrations in Magherafelt and Maghera. Mr Johnston stated that in Magherafelt, they again proposed to hold a children’s Halloween party in Greenvale Leisure Centre at a cost of £1,600 and in Maghera, the Halloween celebrations should again consist of a 15 minutes fireworks display in the Council’s football field Coleraine Road at a cost of £3,900.

11.6.1 It was

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

RESOLVED: that as the 31 October 2004 fell on a Sunday the Halloween celebrations would take place on Saturday, 30 October 2004. It was further resolved that the Magherafelt celebrations would consist of a children’s Halloween party in Greenvale Leisure Centre at a cost of £1,600 and in Maghera the celebrations would again consist of a 15 minutes firework display in the Council’s football field, Coleraine Road at a cost of £3,900.

11.7 Switch-on of Christmas Lights Mr Johnston advised the Council that it was proposed to have the switch-on of the Christmas lights in Magherafelt on Friday, 26 November 2004 from 7.00 – 8.00 pm.

39

This event would take place in the Market Square, followed by the usual 15 minutes fireworks display, estimated to cost £3,900.

11.7.1 It was

PROPOSED by Councillor J A McBride, Seconded by Councillor R A Montgomery, and

RESOLVED: that the switch-on of the Christmas lights in Magherafelt take place on Friday, 26 November 2004 from 7.00 – 8.00 pm. in the Market Square followed by the usual 15 minutes fireworks display, at a cost of £3,900.

Leisure Services:

11.8 Mr Johnston pointed out that the Leisure Services report for April 2004 contained an addition to the normal monthly comparative figures, the actual comparative figures for May 2004 (which were estimated in the previous report), and the annual comparative figures for the financial year April 2003 to March 2004. Mr Johnston advised that total income for April 2004 showed an increase of 8% when compared with the corresponding month of last year. The annual comparative figures showed that overall Greenvale Leisure Centre managed to keep on a par with the previous year, Meadowbank Recreation Centre recorded an increase of 17% and Tobermore Golf Driving Range showed an increase of 2%.

11.8.1 Mr Johnston stated that Maghera Leisure Centre had showed an increase of 91%, however this reflected the opening of the new centre and therefore it would be a further year before comparative figures would reflect the true situation in Maghera.

11.8.2 Mr Johnston stated that the remainder of the Greenvale Leisure Centre report was for information. He referred to Paragraph 4 on Page 5 of the report which indicated that the Meadowbank proposal’s submission for NOF funding was on schedule to meet the 7 May 2004 deadline. Mr Johnston advised that this proposal had been submitted on time.

11.8.3 Mr Johnston advised that Maghera Leisure Centre’s report and the first paragraph of Tobermore Golf Driving Range’s report were for information. 40

11.8.4 Mr Johnston referred to paragraph 2 of the Golf Driving Range report, and advised that he had received a request from the International Federation Strength Athletes’ representative, Ms Trish Porter, for the use of the car-park at Tobemore Golf Driving Range on Saturday, 12 June 2004, for a heat of the Britain’s Strongest Man Competition. Mr Johnston stated that as reported to Council, the last Britain’s Strongest Man Competition was a huge success and therefore, subject to the usual conditions, (insurance, indemnification, etc.) he recommended that the Council agreed to this request.

11.8.5 It was

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

RESOLVED: that subject to the officers receiving satisfactory assurances regarding insurances, health and safety, etc, the Council would agree to Ms Trish Porter’s request to hold a heat of the Britain’s Strongest Man Competition at Tobermore Golf Driving Range on Saturday, 12 May, 2004.

Technical Services:

11.9 Mr Johnston reported on the usual list of vandalism, illegal dumping and bulky household refuse collection and had updated the Members with developments regarding bus shelters.

11.10 Recognition of Long Service Mr Johnston advised that he had been approached by a number of employees regarding the issue of reward for long service to the Council. A number of employees had suggested that it would be appropriate for the Council to reward either twenty, twenty-five or thirty years good service with an engraved gold watch or similar item of value, to mark what they felt would be a momentous occasion for any employee who reached this milestone. Mr Johnston stated that in light of some recent unpleasant decisions that had to be taken to deal with the issue of absenteeism from work through sickness, it might be appropriate for the Council to reward those who have spent most of their working life with the Council.

41

11.10.1 It was

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

RESOLVED: that the Council would reward twenty-five good service with an engraved gold watch or similar item of value to any employee who reached this milestone with the Council.

11.11 Polepatrick Park/Cemetery Mr Johnston advised that he had received a letter from St Colmcilles Briginis Girl Guides group requesting permission to plant two trees in Polepatrick Park/Cemetery. Mr Johnston reminded the Members that a similar request from Curran Development Association for permission to plant trees in Curran Picnic area had been refused and by this action he felt that the Council had set a precedent in this matter of planting trees on Council property. He suggested that although this request was for only two trees, whereas the Curran request had been for a number of trees, the principle was the same.

11.11.1 The Chief Executive agreed with Mr Johnston’s assessment of the situation, however he stated that there were areas around the Council Offices where trees could be planted to enhance the area and therefore it might be possible to accommodate the group at this site.

11.11.2 It was

PROPOSED by Councillor P McLean, Seconded by Councillor R A Montgomery, and

RESOLVED: that the officers would investigate the possibility of St Colmcilles Briginis Girl Guides group planting the two trees at the Council Offices.

11.12 Land at Upperlands Road, Swatragh Mr Johnston went on to advise the meeting that the Members would be aware of a request from a resident of Keady Road, Upperlands to purchase the former play area at Upperlands Road, Swatragh was discussed by Council at its meeting of 10 February, 2004. At this meeting the Council resolved that before deciding on this request the officers should first obtain the views of local residents regarding the sale of this land. 42

Mr Johnston stated that to achieve this information, he had issued questionnaires to thirty residents living in the immediate vicinity of the site. He confirmed that by the closing date of 16 April 2004 for the return of these questionnaires, twenty-one replies had been received, all of which were opposing the sale of this land for development.

11.12.1 Mr Johnston said that in the light of the residents’ opinion it may be inappropriate for the Council to proceed with the sale of this site.

11.12.2 It was

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

RESOLVED: that in light of the opinion of residents living in the immediate vicinity of the former play area at Upperlands Road, Swatragh, the Council would retain this land for Council use.

11.13 Public Toilets Mr Johnston advised that he had received a number of complaints regarding the opening hours of the Council’s public toilets. He stated that some time ago it was agreed that because of the amount of vandalism that was occurring in the late evenings at these premises they would be closed at 7.00 pm during the summer months. It seemed that this had disadvantaged a number of people either visiting or passing through the District.

Mr Johnston suggested that the answer to this problem was getting a balance between the opening hours and the level of vandalism that was occurring during these late opening hours. To achieve this objective Mr Johnston recommended that the Council would allow the toilets to remain open until 9.00 pm each evening from April to September 2004, and that officers would monitor these sites and report back to Council if there was any increase in the level of vandalism that could be attributed to these extended opening hours.

43

11.13.1 It was

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

RESOLVED: that from April to September 2004 the Council’s public toilets would remain open until 9.00 pm each evening and that officers would monitor these sites and report back to Council if there had been an increase in the level of vandalism that could be attributed to these extended opening hours.

11.14 Expansion of the Brown Bin Scheme Mr Johnston reported that Phase 1 of the expansion of the brown bin scheme was now complete with the collection of an additional 3,000 bins commencing on Monday, 26 April 2004. He reported that an additional 2,500 bins would become operational from week commencing Monday 17 May 2004 taking the total of brown bins operating throughout the District to approximately 7,500. Mr Johnston stated that when fully operational, this scheme could divert on average 15 tonnes of bio-degradable waste from landfill every day. This would greatly increase the Council’s recycling rates. He pointed out that this highlighted the Council’s very real need to secure composting technology that would be acceptable under the new Animal By-products Regulations.

Mr Johnston confirmed that the officers had visited two composting facilities in the South of Ireland. They were currently investigating a number of other options and hoped to be in a position to advise the Council of progress in the near future.

Noted.

11.15 Mr Johnston sought permission of the Chairman to raise one additional item. This was agreed.

11.16 Recreation, Tourism and Leisure Information Booklet Mr Johnston stated that the Development Department had obtained money from the Building Sustainable Property Funding Programme to produce a Recreation, Tourism and Leisure Information Booklet.

44

Mr Johnston stated he had one draft coloured copy that Councillors could inspect but he had circulated black and white copies to each Member. He stated that the Department proposed to produce this document twice per year for issue to tourist information centres, shops and leisure centres throughout Ireland. Mr Johnston stated that the production of the initial document had been paid approximately £5,000 to £6,000 obtained from the Building Sustainable Prosperity Funding Programme. This was for approximately 7,000 copies. The Department did however hope to obtain funding to provide this booklet for the next three years. Mr Johnston said that the funding had been obtained at very short notice, that the booklet had to be produced at very short notice, and the money had to be spent at very short notice. It was therefore crucial that the Council endorsed the document at this meeting, as production would have to start on Friday, 14 May 2004. Mr Johnson stated that in his opinion this was an excellent booklet and would certainly promote Magherafelt District Council’s recreational, tourism and leisure facilities throughout the island of Ireland. He advised Members that they could study the document and submit proposals prior to Friday, 14 May 2004. However to meet the deadlines to obtain funding for this booklet it was necessary for the Council to authorise its production at this meeting.

11.16.1 It was

PROPOSED by Councillor J A McBride, Seconded by Councillor J F Kerr, and

RESOLVED: that the Council would authorise the Development Department to proceed with the initial recreation, tourism and leisure information booklet in accordance with the officers report to Council.

11.17 It was

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

RESOLVED: that the report as submitted be adopted.

45

12. TENDERS FOR Submitted report prepared by the Head of HEATING SYSTEM AT Technical Services on applications received for the MEADOWBANK supply, installation and commission of a new RECREATION CENTRE heating system at Meadowbank Recreation Centre, Magherafelt (copy circulated to each Member). 5/2004 12.1 Mr Johnston advised that the entire heating system at Meadowbank had failed and would have to be replaced. He stated that for many years the Council had spent money to keep it in operation but the fact that it was so old meant that parts were no longer obtainable. To obtain a new system, Integrated Service Design Consultancy Engineers were instructed by the officers to prepare specification and tender documents for a replacement boiler installation and all associated plant. Mr Johnston advised that by the closing date five tenders had been received.

12.2 He said that all tenders were checked and analysed by Integrated Service Design Consultancy Engineers. They reported that they had previously worked with Devlin Brothers, the lowest tenderer and had no hesitation in recommending this tender for approval by the Council. Mr Johnson therefore recommended that the Council accept the tender submitted by Devlin Brothers for the sum of £44,815 plus VAT for the installation of a new heating system at Meadowbank Recreation Centre.

12.3 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: that the Council would accept the lowest tender from Devlin Brothers for the installation of a new heating system at Meadowbank Recreation Centre at a cost of £44,815 plus VAT.

13. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of May 2004 (copy circulated to each Member). 5/2004 13.1 The schedule provided for £513,794.33 out of the Revenue Account and £144,630.75 out of the Capital Account.

46

13.2 It was

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

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

14. FINANC\IAL Consideration was given to the following letters of CONTRIBUTIONS application for financial contributions:

56/5/2004 14.1 Emergency Medical Care: Submitted letter dated 6 April 2004 from Emergency Medical Care stating that Magherafelt Trustees that the premises used by EMC had to be vacated within six months, as the site was required for further development. They had been offered alternative accommodation in the old fire station at King Street, Magherafelt but they were in poor condition and required major structural work. The Trustees had agreed to carry out the structural work costing an estimated £30,000 provided EMC would match this amount for additional refurbishment. The necessary work was outlined in the letter (copy circulated to each Member) and the Co-ordinator of EMC hoped that the Council would consider their charity to be worthy of financial assistance.

14.1.1 On consideration it was

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

RESOLVED: that the Council make a contribution of £1,000.

12.2 Chest Heart & Stroke Northern Ireland: Submitted letter dated 7 April 2004 inviting the Council to participate in Gerry Kelly Golf Classic to be held at the Hilton, Templepatrick on 10 June 2004. The cost was £550 per four-ball to play 18 holes on the course (copy and details enclosed).

47

12.2.1 On consideration it was

PROPOSED by Councillor S O’Brien, Seconded by Councillor P H McErlean, and

RESOLVED: not to participate in the Gerry Kelly Golf Classic but that a donation of £200 be forwarded to Chest Heart & Stroke Northern Ireland.

12.3 Mr Robert Watt: Submitted letter from Mr Robert Watt, Maghera seeking a financial contribution towards his costs in participating at the Lorient Festival in Brittany to compete for the MacAllan Trophy which would be held on the first weekend of August and attended by some of the world’s top pipers.

12.3.1 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: to make a contribution of £200 towards Mr Watt’s expenses.

12.4 NILGA: The Chief Executive advised that the Annual Contribution to NILGA (Northern Ireland Local Government Association) in the sum of £5,600.

On consideration it was

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

RESOLVED: to pay the Council’s annual subscription to NILGA of £5,600.

12.5 Association of Friends: The Chief Executive explained that this request had been considered by the Council at its February meeting and as resolved by the Council it had been forwarded to Magherafelt Arts Trust for consideration. The letter had been returned stating that the young musicians met at a venue outside the District Council area, the participants were not from the Magherafelt area, and the education visit was really something which the Education and Library Board should be funding not the District Council.

48

On consideration it was agreed that the letter of request for funding from the Association of Friends Educational Visit to Lake Garda be marked as “read”.

13. CONFERENCES AND Consideration was given to the nominating of COURSES delegates to attend the following:

268/5/2004 13.1 National Association of Councillors – Northern Ireland Region: A Training Seminar to be held on 27 and 28 May 2004 at the Clandeboye Lodge Hotel, Bangor to train all Members and keep them up to date with the latest developments that have an effect on their duties as Councillors:

° Anti Social Legislation ° The issue of ID Cards ° New Doctors Service Agreements.

The cost per Councillor was £160; Accommodation was an additional £65 B& B (details circulated to each Member).

13.1.1 Councillor Kerr proposed that the members representing the Council on NILGA should attend.

Councillor R A Montgomery stated that the seminar was open to all Councillors.

The Chairman, Councillor Miss K A Lagan agreed that the seminar was not for Members of NILGA only but for any Councillor.

13.1.2 On consideration it was

PROPOSED by the Chairman, Councillor Miss K A Lagan, Seconded by Councillor P H McErlean, and

RESOLVED: that any Member who wished to attend should forward their name to the Chief Executive’s Secretary.

13.2 Clare Tourism Conference: The 16 th National Tourism Conference entitled “A Relationship Business” to be held in The Falls Hotel, Ennistymon, Co. Clare from 25 – 27 November 2004 (details circulated to each Member). The fee for the conference was Є220 Euro per delegate.

49

13.2.1 On consideration it was

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

RESOLVED: that the Council’s members serving on Sperrins Tourism Ltd attend the Clare Tourism Conference.

14. ECONOMIC Mr Chris McCarney, Magherafelt Area Partnership DEVELOPMENT submitted the following reports:

14.1 Establishment of a Budget for Community Resource Facilities: The Chief Executive outlined the background and proposal (copy circulated to each Member). He stated that this project had a hard economic element to each funding project.

The Chief Executive stated that it would be very important to establish clear criteria and a finite budget to avoid being overwhelmed with applications. He said that this project did not have a hard economic element but there was some merit in what was being offered. There was one problem in that the criterion was not tight. The project was sourcing some funding from International and European funding but was not part of any other bigger organisation.

It was further

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

RESOLVED: that the matter be deferred for one month to establish clear criteria and budget for the project.

14.2 Brackaghreilly Resource Centre: The Chief Executive outlined the background to Brackaghreilly Community Association who were making the proposal to demolish the existing building and erect a new community resource centre approximately 400sq/m in area. This would facilitate activities for senior citizens, mothers and toddlers, pres-school/after school playgroup, youth club, health awareness for men and women, mental health, well-being, farmer advice and education.

50

It would also facilitate sports activities, education classes, aerobics/yoga/keep-fit, music and entertainment, local business and advice services and seminars (copy of report circulated to each Member). It was requested that the Council’s contribution towards the project should be £50,000. It was highlighted that this small community had raised almost £90,000 locally towards the cost of the project.

The Chief Executive highlighted that this case was very deserving but that criteria would have to be established to ensure that the floodgates were not opened to other applicants, such as Church Halls, AOH Halls, Orange Halls, GAA Halls, etc. There were other similar applications in the pipeline from Desertmartin, Tamlaght O’Crilly and Ballymaguigan.

The Chief Executive suggested that the criteria should be that the organisation concerned should not be part of a larger organisation, that the minimum community contribution should be £25,000, the maximum contribution from the Council should be £40,000 and that the facility should provide some local economic development facilities, albeit that they be soft economic facilities such as after school clubs, mother and toddler groups, etc.

Councillor Rev Dr R T Wm McCrea commented that lots of churches provided facilities for mothers and toddlers and others. He felt that the Council should not be seen to be supporting one group when a similar type of group provided the same service..

Councillor J F Kerr said that these facilities would give people choice. There were two private childcare facilities within the Maghera area but with the nature of things childcare was required everywhere.

Councillor Rev McCrea said that the issue of equality had to be considered. Some people provided the service voluntary while others got paid.

Councillor R A Montgomery referred to the costs incurred for the provision of the facility.

51

Councillor Rev McCrea stated that the Council needed to make sure that the criteria for giving support to these groups were watertight.

Councillor J A McBride referred to the after school clubs which had difficulty with funding.

Councillor Kerr said that there was a shortage of affordable childcare and this facility would cover areas that did not have access to near childcare.

Councillor Rev McCrea suggested that if any after school clubs had difficulty with funding they had a right to apply for funding. He suggested that Members considered these matters carefully or they could find difficulty with the Local Government Auditor. He suggested that all legal aspects should be fully investigated before making a decision.

It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor O T Hughes, and

That the project should go ahead.

However it was agreed by the meeting that no decision should be made at this meeting but instead that the officer should further consider the matter and bring back a recommendation to the next meeting of the Council.

14.3 Proposal for A Vacant Recreation Centre in Maghera: The Chief Executive outlined that this was a request to develop the old Recreation Centre in Maghera into an Education and Childcare Resource Centre (copy circulated to each Member).

He outlined however that there were several projects which wished to use the old Recreation Centre as a base. Further several other parties had expressed a desire in purchasing the property outright.

He recommended that the best way forward was to make no decision on the paper in front of the meeting but instead that the matter should be deferred and discussed in more detail at a joint meeting of the General Purposes and Recreation Tourism Committee. 52

This was agreed at the meeting.

15. CONSULTATION The following consultation documents were DOCUMENTS submitted:

195/5/2004 a) Letter and Employment Equality Plan for the Northern Ireland Court Service seeking responses by Friday, 18 June 2004.

b) Press Release and Proposal for a Draft Order in Council – The Special Educational Needs and Disability (Northern Ireland) Order 2004 prepared by the Department of Education and the Department of Employment and Learning seeking comments by 28 June 2004.

c) Letter and CAP Consultation on Additional Voluntary Modulation prepared by the Department of Agriculture and Rural Development seeking comments by Friday, 18 June 2004.

d) Letter and Consultation Paper “Northern Ireland’s Fire and Rescue Service” prepared by the Department of Health, Social Services and Public Safety, seeking responses by 30 June 2004.

e) Letter and copy of “Gas to the West”, An evaluation of the Economic Case and Social and Environmental Benefits seeking comments and the Council’s endorsement of their campaign.

f) Letter and Consultation Paper on the proposed Northern Ireland approach to the application of Cross-Compliance to farmers benefiting from the Single Farm Payment Scheme and other direct subsidy payments prepared by the Department of Agriculture and Rural Development seeking comments by Friday, 18 June 2004.

g) Consultation Paper on Farm Waste Management Scheme (Northern Ireland) 2004 prepared by the Department of Agriculture and Rural Development seeking comments by Wednesday, 9 June 2004.

53

h) Letter and Review of the Vehicle Inspection Procedures of DVLA and DVLNI seeking responses by 19 July 2004.

i) Letter and Consultation Paper entitled “Taking it on: developing UK sustainable development strategy together” prepared by the Department of the Environment and seeking views by 31 July 2004.

j) Letter and Statement of Review of Government’s Peatland Policy prepared by the Department of the Environment seeking comments before Wednesday, 17 May 2004.

k) Letter and Consultation Document prepared by the Department of Enterprise, Trade and Investment seeking comments on proposals to establish a new legal vehicle for social economy enterprises – the Community Interest Company by 4 June 2004.

l) Letter and consultation paper setting out the proposals for the protection of Northern Ireland’s surface and groundwaters prepared by the Department of the Environment and the Department of Agriculture and Rural Development to establish a province-wide approach to protect Northern Ireland’s water environment under the Nitrates Directive, seeking comments by 2 July 2004.

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.

16. ROADS SERVICE Submitted letter and copy of Statutory Rule in connection with Craigadick Park, Maghera 279/5/2004 (Abandonment) Order (Northern Ireland) SR No.175 (copy circulated to each Member).

Noted.

17. NOTICES OF MOTION 17.1 In accordance with his Notice of Motion Councillor J F Kerr proposed:

54

“In light of the fact that Craigadick Road in Maghera is used by numerous people to walk to and from the bus stop on the Glenshane Road And that it is also used on a daily basis by numerous young people walking to and from the local GAA facility And that the same road is narrow and without lighting and therefore dangerous for pedestrians And bearing in mind government policies to encourage more people to leave their cars and to walk more.

“That this Council calls on the Roads Service to immediately, without further delay, address the issue of and provide a plan for a footpath and lighting on The Craigadick Road which joins Maghera town with the Glenshane Road, A6.”

The motion was seconded by Councillor J J McPeake and supported by Councillors H E Mullan, P E Groogan, J P O’Neill, S O’Brien and O T Hughes.

Councillor Kerr stated that this stretch of roadway had been dropped off the Roads Schedule after he thought that some progress had been made last year. He said that representations had been made to the Roads Service over the years but to no avail. Before winter arrived this dangerous roadway leading to the Glenshane Road and used by many people required a footpath and lighting. Many people felt that it was much too dangerous to walk on and this situation could not continue.

The Chairman, Councillor Miss K A Lagan stated that she had been trying to have this problem resolved for eight years.

Councillor Rev McCrea also agreed and supported the motion. He said that this scheme had to be carried out promptly by Roads Service.

Other Members spoke in favour of the motion.

On a vote being taken 11 Members voted for the motion, 5 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

55

17.2 In accordance with her Notice of Motion, The Chairman, Councillor Miss K A Lagan proposed:

“In light of widespread public concern and noting the impact of an expanded Countryside Policy Area/Greenbelt as well as the limitations of development for the larger settlements that this Council employs an independent consultant to formulate a response before June 11 2004.”

The motion was seconded by Councillor J A McBride and adopted.

The Chairman, Councillor Miss K A Lagan stated that there were many uncertain issues surrounding the Draft Area Plan and for the same reason as at Planning Stage she had brought the motion forward so that the Council could consider employing the services of a professional consultant.

Councillor J A McBride referred to abbreviations used in connection with the Draft Plan, for example, CPA’s and many did not know what the term meant. He felt it was time the Council employed a consultant to lead the Council in these matters.

Councillor Rev McCrea said that he too supported the Motion. Professional advice from an independent consultant would be beneficial particularly if he was an expert in the Planning field. Every effort should be made by the officers to find an independent consultant.

Councillor J F Kerr agreed with the motion.

The Chief Executive explained that he had contacted the Council’s Solicitor with a view to being advised on his experience of the employment of various planning consultants. Mr Conway had contacted Mr William Orbinson, Northern Ireland’s most eminent planning barrister who in turn recommended Mr David Donaldson from Farningham McCreadie as being a very competent individual to carry out this assignment. The Chief Executive had then contacted Mr Donaldson directly who had forwarded to him (the Chief Executive) a quotation for preparing an initial submission to the Planning Service detailing the Council’s difficulties with the Draft Area Plan.

56

Preparing and presenting the case at the Public Inquiry would be a separate appointment subject to negotiation. The fee for the initial submission would be between £3,000 and £4,000.

It was agreed that Mr Donaldson be employed as an independent consultant to carry out the initial submission for 9 June 2004.

18. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor J F Kerr, Seconded by Councillor P E Groogan, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

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

21. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor J F Kerr, Seconded by Councillor P E Groogan, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor P E Groogan, and

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

22. SEALING OF The Seal of the Council is hereby affixed to the DOCUMENTS following item:-

22.1 Grant of Right of Burial – Plots A65 and A66 to Mrs Ruth Pickering, 34 Gracefield Road, Magherafelt. 57

23. MEMORIAL STONE Plot A64 – permission was granted to erect a memorial stone to Mrs Peggy Shiels, 7 Coolshinney Close, Magherafelt in memory of the late Mr Stanley Hugh Shiels.

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

a) Northern Ireland Housing Executive – Executive Briefing – Wednesday, 31 March 2004. b) Copy of the Northern Ireland Human Rights Commission’s latest publication “Progressing a Bill of Rights for Northern Ireland: An Update”. c) Copy of the Northern Ireland Local Government Officers’ Superannuation Committee’s Draft Impact Assessments on the Procurement of Goods and Services and the Investment of Contributions. d) Copy of the Department of Agriculture and Rural Development’s pack containing information and guidance notes about the Rural Development Programme’s Area Based Competition, funded through the Northern Ireland Programme for Building Sustainable Prosperity (PBSP). e) Copy of the Equality Commission for Northern Ireland’s latest overall progress report on the implementation of Section 75 Statutory Duties by public bodies form April 2002 – March 2003. f) Copy of “The Edge” – March 2004, the Economic and Social Research Council’s magazine. g) Copy of The Electoral Commission’s report and recommendations on the age of electoral majority in the UK. h) Copy of the Electoral Commission’s first statutory report on elections to the Northern Ireland Assembly (copy circulated to each Member). i) Copy of “Food and local vision”, a joint statement by NILGA, LACORS, FSA(NI), CIEH(NI) and Sustainable NI (copy circulated to each Member) j) Annual Reports:

1. Criminal Injuries Compensation Authority 2002/03 2. Equality Commission for Northern Ireland 2002/03 58

3. Health and Safety Executive for Northern Ireland.

The meeting concluded at 10.40 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)