Derry City and Strabane District Council

Open Minutes of Environment and Regeneration Committee held in the Council Chamber, Guildhall, Derry on Wednesday 13 January 2016 at 4.00 pm. ______

Present:- Councillor Tierney (in the Chair); Aldermen Bresland, Devenney, Hussey, Warke; Councillors Dobbins, Duffy, Hassan, Hastings, Jackson, C Kelly, D Kelly and McKeever.

In Attendance:- Director of Environment and Regeneration (Mrs K Phillips), Head of Environment (Mr C Canning), Head of Capital Development and Building Control (Mr F Morrison) and Committee Clerk (Ms D Melaugh). ______

ER1/16 Notice and Summons for Meeting

The Director of Environment and Regeneration read the Notice and Summons for the Meeting.

ER2/16 Apologies

An apology for absence was received from Councillor Campbell.

ER3/16 Declarations of Members’ Interests

Agenda Item 11- Tievenny Road Bridge Ardstraw

Alderman Hussey declared an interest in the above item

Open for Decision

Deputations

ER4/16 Presentation - Work of Boomhall Trust

The Director of Environment and Regeneration advised that Mr. Eamon Dean of Boomhall Trust had contacted her late last week requesting the above deputation be deferred to a subsequent meeting of the Committee.

The Committee Recommended that the presentation on the work of Boomhall Trust be rescheduled to a subsequent meeting of the Committee.

Chairperson’s Business

ER5/16 Broadband Connectivity

A Member of the DUP grouping stated that he wished to express concern regarding the limitations of broadband connectivity in the rural area with many users reporting delays of over 20 minutes with regards to login. He proposed that representatives of BT be invited to Committee for the purposes of addressing such issues.

The Director of Environment and Regeneration advised that the limitations of broadband connectivity in the rural area had been the subject of discussion at the Business and Culture Committee meeting the previous Tuesday and such matters were currently being dealt with by the Director of Business and Culture who was leading on this issue. She advised that the above comments of the aforementioned Member would be fed into this process and advanced within the appropriate corporate mechanisms.

A Member of the SDLP grouping referred to the failures in the delivery of recent higher speed broadband developed by BT to many areas with specific reference to the rural community. He stated that it was important to clarify the rationale surrounding the variations in such connectivity. The Member stated that it was also important to acknowledge the absence of coverage by mobile network operators in such areas as it may not be deemed economically viable.

A Member of the UUP in indicating his support for all of the above comments referred to the discussion which had taken place at the Business and Culture Committee the previous Tuesday. He stated that whilst existing delays in broadband connectivity were extremely frustrating for all users such failures were impacting adversely on businesses in the rural areas which were striving to grow and develop.

A Member of the SF grouping referred to the collapse of the Mobile structure in the Strabane Sperrin area which had no fibre optic connectivity and referred to the importance of addressing such issues within the Directorates of Council. The Member stated that it was important to acknowledge the important role of OFCOM in relation to such matters and in this regard he proposed that Mr. Jonathan Rose, Director of OFCOM be invited to meet with Committee.

The Committee

Recommended that representatives of British Telecom and Mr. Jonathan Rose, Director of OFCOM be invited into the relevant Committee to discuss issues of limited broadband and mobile connectivity within the Council area with particular reference to the rural communities.

ER6/16 Deputation – NI Water

The Chairperson welcomed Mr. Terry Quinn, Head of M&E Services, Mr Martin Malley, Networks Water Area Manager and Mr Nigel McKee, EP Senior Project Manager to the meeting.

The deputation then presented an overhead presentation which had previously been circulated, covering the following areas:-

 NI Water Background  NI Water Service Delivery  Key Priorities  Regulatory Price Reviews  Closing the Efficiency Gap  Customer Service  NI Water Capital Investment  Local Capital Projects  Current Public Initiatives  Winter Campaign  Preparations  Customer Care Register  Stakeholder Campaign

Members made a range of comments with regards to the following:-

 The progressive work undertaken by NI Water from 2007-2015.  The efficiency and promptness in which NI Water responded to local constituent issues.  The increased level of capital investment in the treatment and delivery of water systems.  NI Water’s continuing improvement in customer focus was noted.  Current odours emanating from the Treatment Plant in Campsie.  Continuing strong odours in the vicinity of Craigavon Bridge notwithstanding recent significant upgrades in water treatment infrastructure. Reference was made to proposed works in and around the Foyle Street area and the impact of the scheme on odour reduction.  The proposed resolution of sewage spill onto Artigarvan Football pitch.  The importance of addressing the severe potholing in and around the construction of a Pumping Station in the location of the existing station alongside the Upper Galliagh Road. Reference was made to the high number of public complaints from residents in areas of Woodbrook and Pinetrees regarding the impact of existing extensive levels of potholing on roads which were creating unsafe roads.  The status of sewage works and connections in the areas of Ballymagorry and Artigarvan.  The immediate need for an upgrade of the Water Treatment plant at Donemana.  Clarification was sought on the difficulties encountered by the Fire Service in accessing sufficient water supply in response to the major fire the previous weekend at Gillilands, Culmore Road.  The continuing reduced water pressure being experienced by residents in Culmore with particular reference to Donovan Road.  The noise pollution emanating from the operation of the Water Treatment Plant at Culmore and its adverse impact on residents.  Reference was made to the service delivery as outlined in the presentation and further clarification sought on the 155,000 premises without wastewater services.  Clarification was sought on how many of 818,000 quoted customers were business customers and paying Water Charges.  Clarification was sought if Government budgets were sufficiently recompensing the monies foregone as a result of nil water charges.  The absence of any information on the number of connections undertaken by NI over the past 12 months.  Reference was made to the number of rural properties which remained unconnected to main water supply and clarification sought as to NI Water’s proposals to address such a situation.  Reference was made to the extended rural area of the new Council and clarification sought if NI Water had sufficient spend to ensure the required levels of expenditure.  The proposed new Waste Water Pumping Station and Sewer Rehabilitation at Castlederg was welcomed. Clarification was sought if the new facilities would have the ability to increase current levels of capacity and meet further demand arising from expanding new build.  Reference was made to the difficulties emanating from unadopted streets and clarification sought on any controls/enforcement mechanisms which NI Water may have in place to challenge infrastructure which does not meet the required standards.  Clarification was sought on the cost computation used by NI Water which dictated new sewer/main water infrastructure based on property unit connections.  Clarification was sought on the circumstances surrounding the Fire Service’s non access to main water supply when attending a fire in Glenmornan.  Reference was made to the importance of NI Water’s engagement with the farming community.  Reference was made to the proposed upgrade works at Carmoney Plant and clarification sought as to its proposed ability to extend access to main water supply for adjacent rural communities.  Reference was made to overflows which required immediate attention with particular reference of the area of Oakland in Strabane.

NI Water representatives in response to the above made a range of comments which included reference to the following:-

 Clarification would be sought from the Networks Sewage Division regarding odours at the Campsie Treatment Plant following which a response would be issued to Members.  Significant upgrade amounting to approximately £4 million investment had been undertaken at the Duke Street Pumping Station which had resulted in major improvements to odours in and around the Craigavon Bridge. Further investigatory works would take place at Dunfield Terrace.  There would be a sewage scheme undertaken in the vicinity of the main Road leading to Artigarvan but there was no proposed works in relation to the Artigarvan Pitch. It was indicated however that the comments in terms of the sewage slippage at Artigavan Pitch would be fed back following which a response would be issued to Members. It was further advised that a `Pump Away’ scheme would be undertaken at the existing Treatment Plant at Artigarvan resulting in the transfer of sewage to Ballymagorry.  It was indicated that whilst potholing had existed in the areas of the Buncrana, Culmore and Galliagh roads prior to commencement of NI Water schemes discussions were ongoing with Roads Service in an attempt to resolve such issues.  All contractor connections would be dealt with by the Development Services function.  Noise attenuation measures had been put in place at the Plant at Culmore but as a result of the issues raised the matter would be revisted by Engineers.  Fire Service had been given access to the pumping station with regard to the recent fire in the Culmore Road. Six hundred properties had been affected by a reduction in water pressure. NI Water were unaware of continuing difficulties in the Culmore area and would investigate issues raised.  Private treatment plants accounted for the differential in the customer base in relation to the delivery of water services and the delivery of waste water services.  NI Executive had given a commitment that no household charges would be introduced during the current Programme for Government period (2011-2016).  A number of new connections had been routinely requested within the Council area. Further information on specific statistics would be provided to Members.  The Erganagh Replacement WwPS and Sewer Rehab would have the capacity to meet the future needs of the area.  The construction of sewers and water mains within new developments were dictated on the basis of financial viability. Works not meeting this criteria were funded privately.  Further details with regards to the circumstances surrounding the extinguishment of the fire at Glenmornan would be provided to Members.  NI Water had in place robust processes which facilitated a programme of full engagement with the farming community.  The purpose of the Carnmoney to Strabane Strategic Link Watermain which would be commenced shortly was the transfer of large volumes of water.  Issues of specific overflow situations would be investigated by Engineers.

ER7/16 Confirmation of the Open Minutes of the Environment and Regeneration Committee held on Wednesday 9 December 2015

Minutes of the Environment and Regeneration Committee held on 9 December 2015 (ER167/15-ER187/15) were confirmed and signed by the Chairperson as correct.

Matters Arising

ER8/16 MoU Winter Gritting (Ref. ER171/15)

(i) A Member of the UUP grouping referred to the increasing concerns regarding the inadequate gritting in and around the Strabane area with particular reference to the roads between Castlederg to Victoria Bridge and Castlederg to Drumquin. The Member stated that he wished to raise in particular the cycle of gritting operations and public reports that some areas were consistently gritted later in the day than others. The Member stated that such practices clearly raised issues in terms of the capacity of DRD in relation to providing adequate gritting as part of the winter programme.

The Committee

Recommended that the Director of Environment and Regeneration would o follow up on the gritting issues with DRD.

ER9/16 Proposed Provision of Disabled Person’s Parking Bay, Strabane (Ref ER183/15)

A Member of the UUP grouping referred to the above matter which had been raised at last month’s meeting of the Committee and clarified that the location of the parking bay which he had requested was at Melmont Road adjacent to the Post Office.

ER10/16 Provision of Bus Shelters, Derry City and Strabane District Council

The Head of Capital Development and Building Control advised that the purpose of the above report was to advise Members of the current provision of bus shelters within the Derry City and Strabane District Council area. Various Members indicated their support for the recommendation to increase budgetary provision in respect of bus shelter supply within the Council area.

Members made a range of comments which included reference to the following issues:-

 The lack of effort being made to reduce the vandalism of bus shelters.  Concerns regarding the viability of the proposed budget of £30,000 to meet the required bus shelter provision within the Council area. In this regard reference was made to the critical importance of obtaining external funding through various options to ensure appropriate provision.  The importance of ensuring the provision of new quality modern shelters which can detract/withstand elements of vandalism in addition to advancing a modern environmental ambience across the Council area.  The importance of additional and appropriate bus shelter provision to promoting the use of public transport.  The importance of recognising the fundamental role of bus shelters in protecting the public in periods of adverse weather.  Reference was made to the excellent work undertaken by the Design and Project Manager, Mr Jim Gallagher throughout the Council area with regards to adequate provision and maintenance.  Reference was made to the role of DoE with regards to the siting of shelters and recent situations whereby the organisation had not approved provision.  The important role of DoE of ensuring appropriate safety measures were in place at sites where they deemed shelter provision inadequate with particular reference being made to a situation at the Horseshow in Culmore.

In response to comments from a Member of the DUP grouping the Head of Capital Development and Building Control advised that no decision had yet been issued with regard to the renewal of the current contract between Clearchannel and Translink. He undertook to bring forward a further report on the matter when the current tendering process being undertaken by Translink NI had been concluded. The Director of Environment and Regeneration advised that increased use of public transport was an important element in the development of the wider community plan. She stated that as the demand for new and or replacement shelters continues to exceed the budget available it was important that Council strengthened its partnership with Translink NI and other relevant organisations in an attempt to secure optimum funding. The Director of Environment and Regeneration advised that the decisions by DOE not to approve specific shelter location would have been based on road safety considerations.

The Committee

Recommended that (a) budgetary provision in the sum of £30,000 be approved in respect of bus shelter supply and maintenance within Derry City and Strabane District Council commencing in financial year 2016/17;

(b) Officers explore all available external funding options for the purposes of increasing the above budget provision; and

(c) further proposals outlining an objective criteria based policy for choosing where new shelters are sited be brought to a future Committee meeting for consideration

ER11/16 NIE Substation - Brandywell Play Provision

The Head of Environment advised that the purpose of the above report was to seek Members’ approval to grant a lease to NIE to relocate the existing NIE substation within Council owned lands at the Brandywell Recycling Centre.

The Committee

Recommended that (a) Council grant a lease to NIE to relocate the existing NIE substation within Council owned lands at the Brandywell Recycling Centre; and

(b) LPS be instructed to assess any premium that may be due and progress with the legal transfer at the earliest opportunity.

ER12/16 Clooney Greenway Engagement Report

The Head of Environment advised that the purpose of the above report was to update Members on the outcome of the Clooney Greenway Engagement process and to (b) seek Members’ approval to proceed to design/cost development.

A Member of the SF grouping indicated his Party’s support for the recommendations contained within the above report in relation to the development of the Clooney Greenway. He expressed disappointment however regarding the low public participation levels at the community engagement events given the significant traffic congestion which the scheme would be expected to generate along the Limavady Road and adjacent areas.

The Director of Environment and Regeneration advised that further public engagement would take place as the scheme progressed.

A Member of the DUP grouping in welcoming the above proposals for the development of the Clooney Greenway stated that it would be remiss not to acknowledge issues of concern in relation to potential antisocial behaviour activity in terms of such schemes.

A Member of the SDLP grouping indicated his support for the above proposals and commended the work undertaken by Council in relation to the development of Greenways.

A Member of the UUP grouping indicated his support for the above proposals and commended Officers on the comprehensive and extensive consultation process which accompanied the proposals. The Member referred to the merits of the creation of a walkway at the River Derg and suggested that tentative proposals in relation to such a scheme be brought forward and considered by the Committee.

The Director of Environment and Regeneration advised that the matter would be investigated further. The Committee

Recommended that Council endorse the findings of the Clooney Greenway Engagement report and progress the design development of this project as outlined above.

ER13/16 Tievenny Road Bridge Ardstraw

The Director of Environment and Regeneration advised that the purpose of the above report was to advise Members of recent correspondence received from Ross Hussey MLA in relation to road safety at Tievenny Road Bridge, Ardstraw.

The Committee

Recommended that Council write to DRD, EA and PSNI encouraging the relevant Authorities to undertake safety reviews of the Tievenney Road Bridge, Ardstraw and to follow up on the provision of appropriate safety measures.

Matters for Information

ER14/16 Application to Renew Road Service Licence

The Director of Environment and Regeneration advised Members on an application received by DVA to renew a Road Service Licence within Derry City & Strabane District Council region in relation to B1263 – Philip Dunne, 82 Whitehouse Park, Buncrana Road.

The Committee

Recommended that Members note the above application received by DVA to renew a Road Service Service Licence within Derry City and Strabane District Council region in relation to B1263 – Philip Dunne, 82 Whitehouse Park, Buncrana Road.

ER15/16 Consultation Paper from DRD

The Director of Environment and Regeneration advised that the purpose of the above report was to inform Members that a consultation paper had been issued by the Department for Regional Development on a proposal for the Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2016.

The Committee

Recommended that Members note the consultation paper issued by the Department for Regional Development on a proposal for the Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2016.

ER16/16 Northern Ireland Rethink Waste Capital Fund for Councils 2015-16

The Head of Environment advised that the purpose of the above report was to update Members on the outcome of a funding application submitted to the Rethink Waste Capital Fund for 2015/16 in relation to the new household recycling centre at Pennyburn and replacement waste services equipment.

A Member of the SF grouping commended the work undertaken by the Head of Environment and his team in relation to the successful outcome of Council’s application to the Northern Ireland Rethink Waste Capital Fund which had resulted in funding for a new household recycling centre at Pennyburn and replacement waste services equipment.

A Member of the SDLP grouping indicated his Party’s support for the above comments and stated that such success had clearly demonstrated the proactivity of Council Officers.

The Committee

Recommended that Members note the above update on the outcome of a funding application submitted to the Rethink Waste Capital Fund for 2015/16 in relation to the new household recycling centre at Pennyburn and replacement Waste services equipment.

ER17/16 Applications Processed under Building Regulations

The Head of Capital Development and Building Control gave a report on the applications processed under the Building Regulations (NI) between 1 November 2015 and 30 November 2015.

The Committee

Recommended that Members note the applications processed under Building Regulations (NI) between 1 November 2015 and 30 November 2015.

ER18/16 Transport NI Response regarding Road Drainage System

The Director of Environment and Regeneration advised that the purpose of the above report was to update Members on the response received from Transport NI in relation to a query made at October’s Council meeting on Road Drainage systems in Derry City and Strabane District Council area.

The Committee

Recommended that Members note the response received from Transport NI in relation to a query made at October’s Council Meeting on road drainage systems in Derry City and Strabane District Council areas.

ER19/16 The Fountain, Londonderry – Traffic Calming Scheme Consultation Process

The Director of Environment and Regeneration advised Members that the purpose of the above report was to inform Members of Transport NI’s consultation process in respect of a proposed Traffic Calming Scheme in the Fountain. The Committee

Recommended that Members note Transport NI’s consultation process in respect of a processed Traffic Calming Scheme in the Fountain.

ER20/16 Correspondence from Transport NI – Private Streets (NI) Order 1980

The Director of Environment and Regeneration advised that the purpose of the above report was to inform Members of a private housing development at Seven Oaks Crescent adopted by the Roads Services.

The Committee

Recommended that Members note that the development at Sevenoaks Crescent, Londonderry has now been adopted by the Roads Service under the Private Streets (NI) Order 1980.

The Meeting then went into Confidential Business.

The Meeting Terminated at 6.20 pm