MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 12 November 2013. The meeting commenced at 7.30 pm.
Presiding: Mrs C Elattar
Other Members Present: Mrs E A Forde P J Bateson (joined the meeting at 7.35 pm) J Campbell T J Catherwood J Crawford Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake Ms D Ní Shiadhail Mrs C M O’Neill (joined the meeting at 7.40 pm) G C Shiels Mrs P L Smith
Observer Mr G McFalone
Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs Audrey Junkin (Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance:
Mr Kyle Patterson – Planning Officer
1 Apologies
Councillor J F Kerr
2 Resignation of Councillor Ms D Nί Shiadhail
The Chairperson, Councillor Mrs C Elattar referred to the recent resignation of Councillor Ms D Nί Shiadhail and welcomed Mr Gabhan McFalone to the Council meeting as the person to be co-opted as her replacement on the Council. 3 Minutes
3.1 It was
Proposed by Councillor B McGuigan Seconded by Councillor Mrs P L Smith, and
Resolved: that Minutes of the Meeting of the Council held on Tuesday, 8 October 2013 (copy previously circulated to each Member) be taken as read and signed as correct.
Councillor P J Bateson joined the meeting at 7.35 pm
4 Matters Arising Out of the Minutes
4.1 The Chief Executive advised that there were no items as such arising out of the Minutes.
4.2 Translink – Invitation Submitted an invitation to Members from Translink with an opportunity to engage with local managers and discuss the latest public transport developments on Friday, 25 November 2013 at 11.30 am at Magherafelt Bus Station (copy circulated to each Member).
4.2.1 The Chief Executive advised that if any Member wished to attend and had not given their names to the Chief Executive’s department, then they should speak to his Secretary as soon as possible.
Noted.
4.3 Launch of the Regional Strategic Framework for the Central Border Region 2013-2027 – Invitation Submitted an invitation to Members from ICBAN to the launch on Friday, 22 November 2013 from 10.30 am – 1.00 pm at the Slieve Russell Hotel, Cranagh, Ballyconnell.
4.3.1 Again the Chief Executive advised that if any Member wished to attend and had not given their names to the Chief Executive’s department, then they should do so as soon as possible.
4.4 Civic Reception
Councillor Mrs E A Forde requested a Civic Reception for NIco Mawhinney from Castledawson to acknowledge his recent achievements as winner of the Irish Superbike Championship and the Ulster Superbike Championships 2013/14.
4.4.1 It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and
Resolved: that the Council host a Civic Reception for Mr Nico Mawhinney to honour his achievements.
4 Declarations of Interest
There were no declarations of Interest.
Councillor Mrs P L Smith joined the meeting at 7.40 pm.
5 Planning 185/11/2013
5.1 New Planning Applications:
H/2013/0176/F – DRD Roads Service Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.
H/2013/0209/F – Ivor & Sandra Hyndman Deferred for an office meeting on the request of Councillors J Crawford and Miss K A Lagan. Letter of submission handed to the Planning Officer – Criterion 5.
H/2013/0210/F – Mr Cathal McOscar Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake forwarded a letter of submission to the Planning Officer – Criterion 5.
H/2013/0219/O – Mr Niall Lagan Deferred for an office meeting on the request of Councillors Miss K A lagan and J Campbell. A letter had been forwarded to the Planning Officer – Criterion 5.
H/2013/0247/F – A & B Properties Deferred for an office meeting on the request of Councillors Mrs E A Forde, P McLean, J Crawford, G C Shiels, J Campbell and B McGuigan. A letter to be forwarded to the Planning Officer – Criterion 5.
5.1.1 Applications Deferred from Previous Meeting:
H/2007/1015/F – Drumderg Developments Ltd Approval. The Council agreed to the issue of the approval.
H/2013/0012/O – Mr C McCloskey Refusal. The Council agreed to issue the refusal.
H/2013/0099/F – Heather Shiels Deferred for an office meeting on the request of Councillor J Campbell to allow for an office meeting with the Area Planning Manager and P McGlone MLA.
H/2013/0102/O – Ms E Johnstone Refusal. The Council agreed to issue the refusal. The Planning Officer advised that there was one letter of objection to this application.
H/2013/0107/F – Mr McElwee The Planning Officer advised that this application had been withdrawn from the schedule by the Planning Service as an Article 33 non- determination appeal had been lodged with the Planning Appeals Commission (PAC).
Noted.
H/2013/0151/F – Mr & Mrs D Scott The Planning Officer advised that this application had been withdrawn by the applicant. He also advised that there was one letter of objection to this application.
H/2013/0189/F – Mr Joe Keenan Approval. The Council agreed to the issue of the approval.
5.1.2 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor B McGuigan, and
Resolved: to adopt the Planning Schedule dated 12 November 2013 subject to the above conditions and amendments.
5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 September to 30 September 2013 (copy previously circulated to each Member).
Noted.
The Planning Officer retired from the meeting at 7.40 pm.
6 Building Control Department 210/11/2013
The Director of Building Control presented the Department’s report for the period 1 October 2013 to 31 October 2013 (copy previously circulated to each Member)
6.1 During this period 1 October 2013 to 31 October 2013 forty-one applications had been recommended for approval.
A total of sixty-four applications required amending by Architects and Agents before granting approval.
6.2 Applications for Notices and Regularisations
During the period from 1 October to 31 October 2013 there were no Regularisations and ten Notices issued.
6.3 Building Regulations Inspections
During the period from 1 September to 30 September 2013 sixty-eight applications commenced on site and seventy-one applications were found to be complete in accordance with Building Regulations. The department carried out three hundred and fifty-six inspections during this month.
6.4 Granting of Extension of Time and Cancellation to time lapsed Approvals
During the period from 1 October 2013 to 31 October 2013 seven applications were cancelled having gone beyond the four year expiry date and not having commenced on site –
MN/2101/0109/1 – NIHE – Installation of oil fired heating system and controls at 6 Killowen Drive, Magherafelt BT45 6DS
MN/2101/0109/4 – NIHE – Installation of oiled fired heating system and controls at 61 Killowen Drive, Magherafelt BT45 6DT
MN/2101/0109/5 – NIHE – Installation of oiled fired heating system and controls at 66 Killowen Drive, Magherafelt BT45 6DS
MN/2101/0111- NIHE – Replacement heating oiled fired central heating at 6A Sandy Braes, Magherafelt BT45 6PN
MN/2112/0080 – NIHE – Replacement heating with oil fired central heating at 9 Cooke Avenue, Maghera
MN/2112/0088 – NIHE – Replacement heating with oiled fired central heating at 10 Oakvale Terrace, Upperlands, Maghera
MA/2067/0521/MAST – S McLaughlin, JFM Construction Ltd – Erection of a dwelling at Clady Road, Portglenone BT44 8JX.
6.5 Petroleum Legislation
Annual Re-Licensing Applications
During the period of this report one re-licensing inspection was carried out.
6.6 Entertainment Licensing
Mr Glendinning reported that during the period of this report one Entertainment Licensing inspection was carried out.
6.7 Naming and numbering of Streets
During the period from 1 September 2013 to 30 September 2013 seven new postal numbers and postcodes were issued for private dwellings.
6.8 Property Certificates
There were forty-two Property Certificates issued for this period.
6.9 On consideration it was
Proposed by Councillor T J Catherwood Seconded by Councillor P McLean, and
Resolved: that the report as submitted by adopted.
7 Licences and Registrations
7.1 Petroleum Licence
Submitted the following applications for the transfer of a Petroleum Licence which was in order and recommended for renewal:-
PL.57 SuperValu, 34 Clady Road, Portglenone BT44 8NG - Mr William Moore, Musgrave Retail Partners NI
7.1.1 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor Mrs K A McEldowney, and
Resolved: to grant the transfer of the Petroleum Licence application as submitted.
7.2 Street Trading Licences
Submitted the following application for a Stationary Street Trading Licence which was in order and recommended for renewal:
ST. Ms Samantha Convery – 10 Lay-by at Glenshane Pass,, Maghera
7.2.1 Submitted the following applications for Temporary Street Trading Licences for a Christmas “Switch-On” Event being held in the Market Square, Magherafelt on Saturday, 30 November 2013
TTL/01 Mr Aaron Ferguson TTL/02 Mr Edgar Monteith
7.2.2 It was
Proposed by Councillor B McGuigan Seconded by Councillor Mrs P L Smith, and
Resolved: to grant the temporary Street Trading Licences as submitted for Saturday, 30 November 2013.
7.3 Licensing Northern Ireland Order 1996
Notice for Application for an Occasional Licence
Submitted Notices of Applications for Occasional Licences under the Licensing Northern Ireland Order 1996 for information:-
1 Peter McKenna, An Carn Centre, 132A Tirkane Road, Maghera 2 H J Downey, The Parish Centre, 24-26 King Street, Magherafelt 3 McAuleys Bar, Tirgan Community Association, 36 Tirgan Road, Moneymore
Noted.
8 Environmental Health Department 196/11/2013
Mr Young, Director of Environmental Health submitted the report for the month of October 2013 (copy previously circulated to each Member).
8.1 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983
In accordance with the above legislation a total of eleven persons had applied to have their premises retained in the register of persons entitled to sell poisons
8.1.1 It was
Proposed by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and
Resolved: that the following premises are retained in the register of poisons.
Joesph Drennan, 41 Main Street, Tobermore J C Stewart, 1 Union Road, Magherafelt Animal Health Shop, 49 St Patricks Street. Draperstown R Crawford & Co, 18 Main Street, Maghera Dunnes Stores, Meadowlane Shopping Centre, Magherafelt Noones, 92 Main Street, Maghera Mid-Ulster Garden Centre, 35 Station Road, Maghera Graham & Son Ltd, 17-19 Main Street, Bellaghy NCCE Ltd, 29a Garvagh Road, Swatragh A Scott & Sons Ltd, 2-4 Main Street, Maghera Swatragh Mace, 17 Moneysharvin Road, Swatragh
8.2 Clean Neighbourhoods and Environment Act (NI) 2011
It was
Proposed by Councillor P J Bateson Seconded by Councillor B McGuigan, and
Resolved: that an Abatement Notice be served under the Clean Neighbourhoods and Environment Act (NI) 2011 on the owner of property at 15 Fivemile Straight, Draperstown BT45 7EG to remedy defects as identified in the report.
8.3 Bulk Buying Oil Clubs
Mr Young advised Members that an information evening had been held to help local communities establish “Oil Clubs” aimed at achieving savings by bulk ordering and that, following the evening Killowen Drive Residents’ Association had successfully implemented a scheme and placed their first order.
Councillor J J McPeake said that the department and the residents’ association should be congratulated on their progress and that the Council should continue to provide support as required.
Other Members supported the views of Councillor McPeake
8.4 It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor J J McPeake, and
Resolved: that Council adopt the remainder of the report which was for information. 9 Policy and Development Department
9.1 Events and Festivals Grants Submitted report (copy previously circulated to each Member).
The following application was recommended for rejection. Applications must score 60 or over to be eligible for funding.
Name of Details of Event/Purpose for Score Reason for Group Grant Rejection Athletics NI & Ulster Juvenile Indoor 49 Failed to NI Championships meet quality The event is a two-day indoor threshold championship on 7 and 8 February 2013
9.1.1 It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean, and
Resolved: that the Council reject the grant application from Athletics NI.
9.2 Town Centre Regeneration
Never Better Day Discussion took place on the development of a marketing plan for Magherafelt Town Centre incorporating the new “Never Felt Better” brand and in particular Saturday 7 December 2013 which coincides with Small Business Saturday, a UK initiative, when all small businesses will be taking part. As part of the proposal members of the Chamber of Commerce felt that free car-park in Magherafelt town centre would help to attract visitors to the town and requested that the Council covered the cost of car-parking on Saturday, 7 December. The total cost would be £1,200.
Councillor G C Shiels proposed that the Council pay half this cost. He said that when the matter had been discussed with the Roads Minister, before the 10p increase, Roads Service made £20,000 per month from car-parking fees in Magherafelt.
Councillor Miss K A Lagan suggested that the Chamber of Commerce should contribute towards this cost; perhaps £50 per business.
Members continued to raise questions around details of the day, how many businesses were involved, why there was free parking all day, could this not happen for the 7, 14 and 21 December and help build up the momentum.
Mrs Campbell said that while plans were advancing it was still work in hand. However a decision required to be taken regarding free car- parking on Saturday, 7 December 2013 in Magherafelt town centre.
9.2.1 It was
Proposed by Councillor J Campbell Seconded by Councillor G C Shiels, and
Resolved: that Council fund car-parking in Magherafelt Town Centre on Saturday, 7 December at a cost of £1,200.
It was further agreed that the matter of additional free car-parking days be considered with the Chamber of Commerce.
10 Mineral Development Act
Consideration was given to an application received by the Department of Enterprise, Trade and Investment from Metallum Exploration Ltd for mineral prospecting rights under Section 11 of the Mineral Development Act (NI) 1969 in respect of lands in Counties Tyrone and Londonderry (details previously circulated to each Member). The Department in accordance with Section 11 of the Act is required to take into account any representations which are made by the Council within one month and was therefore seeking comments by 18 November 2013.
Following discussion the Council agreed to note the information circulated.
11 Payment of Accounts 11/2013
Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,006,438.92 out of the Revenue Account and £374,899.09 out of the Capital Account.
11.1 It was
Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and
Resolved: to approve the Statement of Accounts as submitted.
12 Conferences and Courses
Consideration was given to the nomination of delegates to attend –
12.1 A Northern Ireland Water Briefing Session to take place at Milltown Waste Water Treatment Centre, 62 Milltown Road, Antrim on Monday, 25 November 2013 (details previously circulated to each Member).
12.1.1 It was agreed to leave nominations “open”.
12.2 Northern Ireland Housing Council Conference to be held on Crumlin Road Gaol, Belfast on Thursday, 30 January 2014 (details previously circulated to each Member)
12.2.1 It was agreed not to nominate.
12.3 LAMA Spring Seminar to be held in the Four Seasons Hotel, Monaghan on 31 January and 1 February 2013 (details previously circulated to each Member).
12.3.1 It was agreed to leave nominations “open”.
12.4 Meeting on Wind Farms to be held in the Lecture Theatre, Strule Arts Centre, Omagh on Thursday, 12 December 2013. The meeting would cover planning issues, community benefit and case studies organised by APSE Northern Ireland (details previously circulated to each Member).
12.4.1 It was agreed to leave nominations “open”.
12.5 The Chief Executive advised that if any Members wished to attend any of the above they should contact his Department as soon as possible.
13 The Somme Association
Consideration was given to the nomination of a delegate to attend the 2014 Somme Pilgrimage for the 98 th Anniversary (details previously circulated to each Member).
It was
Proposed by Councillor G C Shiels Seconded by Councillor Miss K A Lagan
That Councillor J Campbell be nominated to attend.
It was further suggested that a second delegate should attend and it was
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood
That Councillor G C Shiels should also be nominated to attend.
Councillor J J McPeake said that he was opposed to two people attending and he felt that one nominee from this Council was ample.
Councillor G C Shiels said that whilst he preferred two nominations he accepted the decision of one in the present economic climate and he was proposing Councillor J Campbell.
Members agreed that Councillor J Campbell attend the 2014 Somme Pilgrimage as the Council’s delegate.
14 Consultation Documents
Submitted the following consultation documents:
14.1 Letter and Consultation on Proposed Enforcement Arrangements for updated EU Marketing Standards for Olive Oil prepared by the Department of the Environment Food & Rural Affairs seeking comments by 22 November 2013 (copies previously circulated to each Member).
14.2 Letter and Consultation on Gas (individual standards of performance) Regulations (Northern Ireland) 2014 by the Utility Regulator with the consent of DETI requesting a response by 20 December 2013 (copies previously circulated to each Member).
14.3 Letter and Consultation on Marine Conservation Zones (MCZs) in the Northern Ireland Inshore region by the Department of the Environment, Environment Policy Division requesting a response by 31 January 2014 (copies previously circulated to each Member).
14.4 Letter and Consultation on the Noise Policy Statement for Northern Ireland (NPSNI) by the Department of the Environment, Environmental Policy Division seeking a response by 14 February 2014 (copies previously circulated to each Member)
14.5 NILGA’s draft response to the Department of the Environment Northern Ireland Consultation on the introduction of Restrictions on the Landfilling of Food Waste (copy previously circulated to each Member)
14.6 NILGA’s draft response to the Department of the Environment Northern Ireland Consultation on the Introduction of a Waste Prevention Programme (copy previously circulated to each Member)
14.7 Responses from NILGA, SOLACE and Belfast City Council on the Local Government Bill (copies previously circulated to each Member).
14.8 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned. 15 Swatragh Post Office
Submitted letter from the Post Office proposing to move Swatragh Post Office from 15 Main Street, Swatragh to 17 Moneysharvin Road, Swatragh, Maghera in January 2014, subject to local public consultation (copy of letter previously circulated to each Member)
15.1 Members noted the contents of the letter.
16 Roads Service
Submitted the following –
16.1 Letter and information on the proposed Abandonment of Land at Disert Road, Draperstown, and any objections should be forwarded to Roads Service, Omagh by 16 December 2013 (copies previously circulated to each Member)
16.1.1 It was agreed that Council would not object to the proposal.
16.2 Letter and details on the proposed Abandonment of former Glenshane Road at Ranaghan Bridge, Maghera, and any objections should be forwarded to Roads Service, Omagh by 17 December 2013 (copies previously circulated to each Member).
16.2.1 It was agreed that Council would not object to the proposal.
16.3 The Private Streets (NI) Order 1980 Letter and details of adoption of street works at The Orchard, Sixtowns Road, Straw, Draperstown – Stage 3.
Noted.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor B McGuigan Seconded by Councillor Mrs E A Forde, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
17 ICBAN
This item was taken “In Committee”.
18 Severance Payments for Councillors
This item was taken “In Committee”.
19 Staff Matters
This item was taken “In Committee”.
20 Legal Matters
This item was taken “In Committee”.
Resolution to Proceed in “Open Council”
It was
Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor B McGuigan Seconded by Councillor P Mclean, and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
19 Sealing of Documents
The Seal of the Council is hereby affixed to the following document:
Lease between Magherafelt District Council and Northern Ireland Electricity in respect of a Sub Station on lands at Meadowbank Sports Arena, Magherafelt in respect of electricity supply to the new 3G pitch.
20 For the Information of Members
20.1 The following items were submitted for the information of Members:
(a) Letter and copy of the Northern Ireland Human Rights Commission’s Report “The Display of Flags, Symbols and Emblems in Northern Ireland (copy previously circulated to each Member) (b) Copy of the Northern Ireland Housing Executive’s 2012 Continuous Tenant Omnibus Survey annual report (c) Copy of Strategies – Customer Contact with the Social Security Agency (copy previously circulated to each Member) (d) Copy of Reform-Inform – October 2013 (copy previously circulated to each Member) (e) Copy of Press Release – Minister’s Announcement to disband the Local Government Staff Commission (copy previously circulated to each Member) (f) Annual Reports:
1 The Community Foundation for Northern Ireland 2012/2013 2 Chief Commissioner’s Annual Report – Planning Appeals Commission – April 2012 – March 2013 3 NILGOSC Report and Accounts 2012/13 4 PACWAC Annual Report (copy previously circulated to each Member)
The meeting concluded at 8.20 pm
Chief Executive
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)