DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Offices, 50 Road, Magherafelt on Tuesday, 11 October 2005. The meeting commenced at 7.30 pm.

Presiding: J F Kerr

Other Members Present: P McLean P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Miss K A Lagan Rev Dr R T Wm McCrea, MP, MLA (joined the meeting at 7.45 pm) Mrs K A McEldowney J J McPeake I P Milne J P O’Neill G C Shiels

Officers Present: J A McLaughlin (Chief Executive) C W Burrows (Director of Environmental Health) W J Glendinning (Director of Building Control) B Kissick (Head of Technical Services) Mr C McCarney (Magherafelt Area Partnership) – Item 15 Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other The Planning Service: Bodies in Attendance : Mrs H O’Toole – Divisional Planning Manager Ms D Dickson – Planning Officer

1. MINUTES 1.1 It was

PROPOSED by Councillor J P O’Neill Seconded by Councillor I P Milne, and

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 13 September 2005 (copy circulated to each Member) be taken as read and signed as correct.

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2. MATTERS ARISING The Chief Executive advised that there were no OUT OF THE MINUTES matters arising as such, but that there were some letters to thanks and other correspondence which he wished to draw to Members’ attention.

2.1 Submitted letters of thanks for contributions made by the Council, from Action Cancer, Multiple Sclerosis Society, , Mr Patrick Quigley towards the purchase of plants at Marriott House and Brennan Court, Magherafelt, and the Irish Indoor Bowling Association towards the promotion of bowling in the IIBA Year Book.

Noted.

2.2 Submitted letter from Local Government Division advising that the Councillors’ Remuneration Working Group required to know what Councils wished to make presentations to them before 31 October 2005 (copy circulated to each Member).

2.2.1 It was agreed that the Council would leave this matter to NILGA and the National Association of Councillors and would comply with their decision but it was left open for any individual Member to comment.

3. SYMPATHY The Chairman, Councillor J F Kerr expressed sympathy with Mrs Margaret Barnes, the Council’s 260/10/2005 Registrar of Births, Marriages and Deaths, on the recent death of her father, Mr Samuel Hutchinson and proposed that a message of sympathy be sent to her at this sad time.

3.1 Members agreed.

4. CONGRATULATIONS Councillor O T Hughes requested that a message of congratulations be sent to Wolfe Tones 260/10/2005 GAA, on winning for the 21 st time the County Senior Football Championship.

4.1 Members agreed.

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4.2 It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: That a civic reception be given to Mr Eugene Donnelly, on winning the All Ireland Rally Driver of the year.

5. BEST WISHES The Chairman, Councillor J F Kerr proposed that a Get Well card be sent to Mr T J Johnston, 260/10/2005 Director of Operations wishing him a speedy recovery after surgery.

5.1 Members agreed.

6. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 7 September to 4 October 2005 (copy circulated to each 210/10/2005 Member).

6.1 Mr Glendinning stated that during the period of the report fifty-seven applications had been recommended for approval. A total of sixty-nine applications required amending by architects and agents before granting approval. During this period seventy-seven Notices mainly in connection with Northern Ireland Housing Executive oil heating conversions and three Regularisations were issued. A total of sixty-nine applications required amendments by architects and agents before granting approval.

6.1.1 There were no extensions of time and no cancellations.

6.1.2 Eighty-one applications had commenced on site and forty-nine applications were found to be complete in accordance with Building Regulations.

6.2 The Chief Executive drew Members’ attention to the number of applications returned to architects and agents. He said that in the previous month there had also been sixty-nine applications returned and suggested a charge for corrections having to be made to plans.

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6.2.1 Councillor P McLean stated that there was a need for North Eastern Group Building Control Committee to revisit this matter. He enquired as to what happened in other Building Control Departments?

6.2.2 In reply, Mr Glendinning stated that currently they were not charging. He further stated that the department also wrote a letter to the applicant advising them that they had written to the agent or architect and returned their plans for the necessary corrections.

6.2.3 Councillor McLean said that some eight years ago the Group held a half-day seminar for agents in order that they might understand how the system worked and what was required by Building Control. Applications improved for a short time and then deteriorated again.

6.2.4 Mr Glendinning further suggested that the alternative was to reject applications and allow the applicants to reapply without charging a fee.

6.2.5 Councillor McLean suggested that any changes should be implemented through the North- Eastern Group.

6.2.6 It was further

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

RESOLVED: that the report as submitted be adopted.

7. NAMING AND Consideration was given to the naming and NUMBERING OF numbering of four private houses on the Disert STREETS Road, for Francis McNally. The name suggested by the developer was ‘Macnall PN.131/10/2005 Lane’.

7.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: that the four private houses at Disert Road, Draperstown be named ‘Macnall Lane’.

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8. PETROLEUM The following application was submitted for LICENCES a Petroleum Licence which was in order and recommended for renewal:

P.74 Diamond Service Station 14 The Square, Draperstown – Mr E McAuley

8.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J J McPeake, and

RESOLVED: that the application as submitted for a Petroleum Licence be renewed.

9. STREET TRADING Submitted the following applications: LICENCES 9.1 Renewal of a Street Trading Licence which was in order and recommended:

ST 10 Andrea McKay 14 Meetinghouse Avenue, Maghera Lay-by at , Maghera

9.1.1 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor J P O’Neill, and

RESOLVED: that the application as submitted for a Street Trading Licence be renewed.

9.2 Temporary Street Trading Licences which were in order and recommended for approval:

T.2 Mrs Estelle Iris Cochrane Armour Balloons 63 Blackisland Road Saturday, 26 November 2005 –Maghera

T.3 Mrs Estelle Iris Cochrane Armour Balloons 63 Blackisland Road Friday, 25 November 2005 – Broad Street/Market Square, Magherafelt

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9.2.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Mrs K A McEldowney, and

RESOLVED: that the applications as submitted for temporary Street Trading Licences be approved.

10. BOOKMAKER’S Submitted for information, an application for the LICENCE renewal of a Bookmaker’s Licence:

10.1 The Chief Executive reported that the premises had been inspected and found to be satisfactory and that sufficient sanitary accommodation was provided:

John D Rainey 21 New Row,

Noted.

Councillor Rev Dr R T Wm McCrea joined the meeting at 7.45 pm.

11. PLANNING SERVICE The Chief Executive submitted a letter from Lord Rooker’s office dated 21 September 2005 in reply 185/10/2005 to Mr David Ferguson’s letter of 27 July 2005 on workload pressures (copy circulated to each Member), together with a reply from Mr Ferguson, Chief Executive of the Planning Service to the Council’s response dated 16 September 2005 (copy handed out to each Member).

11.1 The Chairman, Councillor J F Kerr invited Mrs O’Toole, Divisional Planning Manager to explain the new procedures within the Planning Service.

11.1.1 Mrs O’Toole said that the guidance given on the operation of the Management Board referrals and the deferral procedures were really nothing new. This guidance was in accordance with the Modernisation of Planning Processes. The Planning Service was improving its efficiency with the help of a new computer system.

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Consultation was of major priority. Mrs O’Toole said that with people coming to Northern Ireland and investing in Northern Ireland, there had to be consistency, clarity and transparency in planning within the twenty-six Councils and for all the parties concerned.

11.1.3 Mrs O’Toole outlined how the operation of the Management Board referral process would operate, the criteria for MBR’s, the interim arrangements for applications already in the system and the need for the Council to be strongly of the opinion that a decision contrary to that proposed by the Divisional Planning Office must be made, and represented the corporate view of the Council. If this was not the case the SPTO would not be able to agree to it. She also said that the MBR process was unique to Northern Ireland but that the procedure delayed decision-making. Mrs O’Toole emphasised that submissions to the Management Board must be made within three weeks of the meeting at which the referral was made.

11.1.4 Councillor G C Shiels asked if the Divisional Planning Manager was consulting with the Council or telling the Council this was how it would be?

11.1.5 In reply, Mrs O’Toole said that she was effectively telling the Council what had been agreed with the Minister and the Chief Executive of the Planning Service.

11.1.6 The Chairman, Councillor J F Kerr requested that Members would be patient until Mrs O’Toole had addressed them and then they would have an opportunity to ask questions.

11.1.7 Mrs O’Toole also outlined the guidance for District Councils on the operation of the Deferral Process. She said that it was aimed to ensure that the process would strike the appropriate balance, that consultation with Councils was meaningful, that their views were taken into account, and that the process was as efficient as possible and added value to the assessment of proposals. Meetings to discuss deferred applications would be office-based and would be taken by an SPTO. Subject to the outcome of such meetings the applications would be taken back to Council with either the same or revised opinion, and the Council’s view would be noted. A decision would be issued.

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Only in exceptional cases, and where there were clear planning reasons would a meeting take place at the location of the proposed development because the issues to be raised could only be considered on site. She said that in exceptional circumstances only would there be a site meeting. It could not be agreed on the night but should be put in writing to the Planning Manager outlining the exceptional circumstances and specific issues that would be considered on site. The Planning Manager would advise the Council as to whether or not the request for a site meeting was accepted. In the event of a site meeting not being afforded an office meeting would be offered.

11.1.8 The Divisional Planning Manager said that currently there were 1,300 applications in the system from the Magherafelt area; 500 of which had been in the system for some time.

11.1.9 Mrs O’Toole said that Councils would take the lead in making the necessary arrangements for office meetings. There would be statutory consultations on two fixed days per month, possibly on the Tuesday and Thursday of the following week after the Council meeting. This was so that the Planning Service could prioritise major applications, take minor applications out of the system and manage the remainder as efficiently as possible. (A copy of a office meeting schedule was handed out to each Member). She said that in recent months single house applications had been growing.

11.1.10 Regarding MBR’s, Mrs O’Toole said that there would be a change in the current practice in that a case would be heard within three weeks.

11.2 Members’ Comments:

The Chairman, Councillor J F Kerr said that he had only had sight of the consultation papers this evening and was somewhat alarmed at the short timeframe and the fact that the new arrangements commenced on 3 October 2005, but in reality had been applied for the last two months. The onus of these new arrangements had been placed on the Councils by the Planning Service and that Item 16 on the Deferral Meetings procedure was very presumptious, in that accommodation would have to be made available and arrangements met by the Council.

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He said that Instead of one site meeting when issues could be seen at first-hand, statutory meetings would be held.

Councillor Kerr concluded that he was of the opinion that the Council should reject the documents. Other Councils such as Newry and Mourne had decided to reject the document and had requested an immediate meeting with the Minister. It was also disenfranchising constituents and the Council of the right to consultation.

Councillor Rev Dr R T Wm McCrea said that this was dictatorship and a denial of democracy. He said that even Stalin would blush. The Planning Service was a farce. There had to be meaningful consultation and not the twenty minutes given to consider the full process. This would not be carried out in the interests of the applicant but in the interests of officialdom when the public would pay for the Planners’ strike, the inefficiency of its staff, higher fees and the diminishing of its service. He referred to the number of changes of planning opinions that had taken place as the result of deferrals and MBRs. There was no consistency within the Planning Service, departments or divisions. He said that Item 16 was a joke and would mean that Councillors would have to visit sites on their own in preparation for office meetings. He believed that Councillors must warn the public that they were in for a hard time and that there must be a judicial review.

Councillor Miss K A Lagan agreed. She said that the Council had received correspondence from the Chief Executive of Armagh City and District Council dated 6 October 2005 (copy circulated to each Member). The letter contained the following resolution, which had been adopted by their Council on 3 October:

“This Council deplores the unilateral actions of the Minister and Planning Service. The changes to the planning consultation arrangements with District Councils represent a change in policy and have been introduced in such a way as to make a mockery of the statutory responsibility of Planning Service to consult with Councils.

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The actions of the Minister and Planning Service fly in the face of Government policies for consultation and are in breach of their own arrangements for effecting policy change.

This Council demands that the Minister and the Planning Service postpone the proposed changes and actively engage with Councils to bring about real improvements in the planning system as a matter of urgency.”

In addition Armagh City and District Council had take preliminary legal advice and was seeking Counsel’s opinion with a view to mounting a legal challenge due to the lack of Regulatory Impact Assessment and the unreasonably short timeframe between the issue of the schedule and the Council’s Planning Meeting.

Accordingly, it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Rev Dr R T Wm McCrea, and unanimously

RESOLVED: that the Council support the above resolution.

Councillor Shiels enquired about legal action on the deferral of refusals, which had taken place before October.

Mrs O’Toole said that the Council appeared to be postponing refusals indefinitely. The changes were not to put onus on Councillors, but that the twenty minutes given at a site meeting would now be given as an office meeting. She suggested that local Agents could do more to help applicants.

Councillor Miss K A Lagan pointed out that the Council was supporting the motion from Armagh City and District Council.

The Chief Executive could not decide on these matters until Armagh got leave for a judicial review and they would have to wait until the review was heard which would probably be after Christmas.

Mrs O’Toole said that the Council was denying the applicants the right to take their application to an appeal.

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Councillor Rev McCrea said that if any applicant wished to proceed to an Appeal then the Council would not stand in their way.

Councillor P McLean described the process as an insult to Councillors’ intelligence. He was very aggrieved with the comments made and suggested that if any applicant wanted a refusal to be issued then the Council would not stand in their way and that this should be included in any proposal.

Councillor O T Hughes asked how this process would affect office meetings in Ballymena.

In reply, Mrs O’Toole said that any office meetings pending before October 2005 would be progressed as meetings to be held on the two statutory days in the Council Offices. If site meetings had been held then they would not be followed by an office meeting. She said that the Department would honour those meetings which were already in the system.

Councillor Miss Lagan asked if Mrs O’Toole meant site meetings since June 2005.

The Chairman, Councillor J F Kerr said that he understood that applications which had site meetings held and were awaiting for office meetings would still be arranged, and any outstanding site meetings would become office meetings.

Councillor Shiels interrupted by saying that there were equality issues.

Mrs O’Toole continued to answer Members individual questions on the new process. She emphasised that if an MBR was requested by the Council then it had to be the corporate view of the Council and meet the criteria, the submission had to be made within three weeks of the Council meeting at which the referral was made. If the submission was not made within this timescale then the application would be returned to the Divisional Planning Office for the issue of the final decision in accordance with the opinion presented to Council. Mrs O’Toole pointed out that every individual house in the countryside would not meet the criteria.

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Councillor Rev McCrea stated that 95% of applications forwarded to the Planning Management Board in the past were refused.

However, 55%-60% sent to the Planning Appeals Commission were approved. He asked if the Management Board just rubber-stamped the Divisional Office’s decision. Perhaps there was a tier of the Planning Service which should be removed.

Councillor T J Catherwood stressed that the backlog in processing applications was not Councillors fault and referred to one application where there had been a meeting in January 2005 and in October 2005 had not reappeared with an opinion on the planning schedule.

Councillor J J McPeake said that Mrs O’Toole had led the Council to believe that other District Councils were in favour of the new procedures but this was not the case and as a member of NILGA he knew this. He said that the Planning Service set up a group with NILGA to consider such matters, but this group had only met once since March 2005. He took great exception to the thrust this was being imposed on Councils and without any consultation.

The Chairman then recapped on what the Council had decided – that applications where the opinion was approval would be issued, if any applicant wanted a refusal issued they could do so and all the other applications would be deferred until the Council knew whether or not a judicial review would proceed.

Mrs O’Toole said that she would liaise with the Chief Execuitve after 27 October.

The Chairman commented that it was quite terrible that matter between the Planning Service and the Council had come to this state.

The Planning Officers retired from the meeting at 8.40 pm.

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11.4 Submitted letters from the Divisional Planning Manager setting out the Department’s view to refuse planning permission to planning application H/2005/0234/O in the name of Mr S Hughes for a dwelling and garage at Drunascallon Lane, 200m North West of 3 Lecumpher Road, (copy circulated to each Member).

Noted.

11.5 Submitted letter from the Planning Service dated 28 September 2005 advising that the Department of the Environment had made a new Statutory Rule making amendments to the Planning (General Development) Order (Northern Ireland) 1993 which would come into operation on 24 October 2004 (copy circulated to each Member).

Noted.

12. ENVIRONMENTAL Mr Burrows submitted his report for the month HEALTH DEPARTMENT of September 2005 (copy circulated to each Member). The following matters were taken into 196/10/2005 special consideration:

12.1 Food Safety (NI) Order 1991 Mr Burrows advised that on 21 September 2005 a visit was made by officers of his department to a local retail premises to undertake a routine food hygiene inspection as part of the planned inspection programme.

12.1.1 Mr Burrows reported that the premises included a delicatessen type area. He outlined a number of observations made on the visit which were listed in his report. He said that the structure of the premises had also been found to be in an unsatisfactory condition which included the ceiling and floor covering throughout. Planning permission had been sought by the landlord for a new retail premise adjacent to the current site, however, due to other circumstances the permission previously granted had expired.

12.1.2 On completion of the inspection the findings were discussed with the proprietor and it was acknowledged that the premises were not of a suitable standard.

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12.1.3 Mr Burrows said that based on the findings of the investigation, it was considered by the investigating officers that an imminent risk of injury to health existed in the food preparation area. The proprietor offered to voluntarily close the food preparation facility, which was accepted by the officers as an alternative to an emergency prohibition notice being served. The remainder of the premises continued to operate as normal.

12.1.4 Mr Burrows said that in accordance with Magherafelt District Council’s Emergency Prohibition Procedure document FC/PRO.C008, if an authorised officer was satisfied that the health risk condition was fulfilled, that is, there was an imminent risk of injury to health, then action could be taken to close the premises, prohibit the use of a process, etc. However, an authorised officer may accept voluntary action on the part of the proprietor if it would be at least as effective as serving an emergency prohibition notice provided written confirmation of the proprietor’s offer was received. The proprietor must also undertake not to re-open the premises without the specific permission of the department. A voluntary closure agreement was drawn-up and signed by the proprietor and an investigating officer on that date.

12.1.5 The Director of Environmental Health said that the premises concerned had been periodically monitored by his department to ensure that the voluntary closure agreement had been complied with. On 23 September a follow-up inspection was undertaken at the request of the proprietor. All the works detailed on the voluntary closure agreement had almost been completed. A further inspection followed on 26 September whereby an officer was satisfied that there was no longer a risk to health and the prohibition lifted.

12.1.6 Mr Burrows advised that his department had been made aware that the landlord was currently in the process of reapplying for planning permission. A formal letter had been issued in respect to matters and “Minded To” notices served for the poor structural repair. Mr Burrows said that given the seriousness of the offence, the co-operation and previous history of the party concerned, he recommended that a warning letter be issued to the proprietor.

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12.1.7 On consideration it was

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

RESOLVED: to adopt the recommendation of the Director of Environmental Health and issue a warning letter to the proprietor.

12.2 GAS WISE Initative Mr Burrows advised that all twenty-six District Councils in Northern Ireland through their Environmental Health Departments had agreed to make gas safety a special area of focus during their health and safety inspections over the next three years, starting this autumn. In addition they were also introducing the ‘GAS WISE’ initiative in partnership with other agencies such as CORGI and the Health and Safety Executive and the Health and Safety Executive for Northern Ireland to help reduce the risk of gas related injuries or death. He explained that the initiative would focus on workplaces (within the District Council health and safety enforced sector) where gas was used, for example, in restaurants and takeaways and other premises such as retail, wholesale, residential homes and offices. Mr Burrows explained that during the last two years a number of serious accidents had occurred in Northern Ireland involving gas. He said that the risks associated with Liquefied Petroleum Gas (LPG) and Natural Gas could be properly managed if employers made sure they took the proper safety measures.

12.2.1 Mr Borrows informed Members that the Council’s Environmental Health Department had written to all premises licensed for Entertainment requesting that a copy of a current gas safety certificate for their installation be forwarded to the Department. If the department did not receive this information within the timescale indicated, premises would be visited by a health and safety inspector and the gas installation might be subject to either Improvement of Prohibition Notice procedures.

Noted.

12.3 Mr Burrows also outlined in his report comments made on a number of planning applications.

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12.4 It was

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

RESOLVED: to adopt the remainder of the report, which was for the information of Members.

13. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of September 2005 (copy DEPARTMENT circulated to each Member). In the absence of Mr Johnston, the Chief Executive presented the report. 322/10/2005 Development Services:

13.1 Play Areas The Chief Executive reported that during the schools’ summer holidays play areas that had yet to be refurbished had been monitored to establish the levels of usage at these sites. Site visits were carried out on twelve sites on a random basis and at least two to three times during this period.

13.1.1 Monitoring revealed that there was little or no usage of the facilities on these sites – there were no children using nine of the sites, five children were using Glenburn, Magherafelt, two children at Crawfordsburn, Maghera and six children using Riverside, Castledawson. Members were advised that as a result of this exercise there was little or no equipment left at these sites. This matter was considered at a recent Party Group Leaders meeting and officers were asked to further investigate play areas at Gortnari, Moneyneena; Kilross, ; Longfield, Desertmartin and Ballymacombs Road, Portglenone and the remaining play areas were under further review.

Noted.

13.2 Magherafelt Arts Trust The Chief Executive outlined the events to be organised during the autumn and winter months by the Arts Trust. It was also noted that insufficient numbers attending the Arts Trust meetings recently caused concern as it was essential if the Arts Trust was to carry out normal business on behalf of the Council.

Noted.

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13.3 Pitches and Pavilions The Chief Executive advised that Mr Johnston in his report had provided, as requested at the previous Council Meeting, a list of all the outdoor pitches/ pavilions throughout the District and their facilities. A copy of Sports Pitches statistical information was circulated at the meeting. It was suggested that the pavilion and two pitches at be put out of action as the new pitches at Maghera Recreation Centre could cope with all soccer matches to be held at Knockloughrim. It was also noted that whilst there was a block pavilion at Castledawson there was no priority booking.

Councillor Rev Dr R T Wm McCrea protested stating that this was the withdrawal of a provision from a small community.

Councillor G C Shiels also objected because not only was the Council withdrawing a provision it would also affect the local industry.

13.4 Desertmartin Football Club At the Council meeting held on Tuesday, 13 September 2005 Members were advised that in order to ascertain if funding could be sourced for the provision of a football pitch in Desertmartin, Council Officers had requested a meeting with the Sports Council and representatives of Desermartin Football Club. This meeting took place on Wednesday, 28 September 2005.

13.4.1 The Sports Council’s representative stated at the meeting that in order for any organisation to avail of Sports Council funding they had to submit a plan showing how strategic and sustainable sport would be developed at any site. This also included youth sport.

13.4.2 The Football Club’s representative stated that the Club was not a position to submit such a plan. All that was required was a pitch that reflected their identity and whilst they were considering partnership with the Council the preferred option was for the Council to provide a pitch at Desertmartin, with or without Sports Council funding and also grant priority booking status for the use of the pitch.

13.4.3 Councillor Rev Dr R T Wm McCrea proposed that a recommendation be brought forward based on facts.

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Community Relations:

13.5 The Chief Executive outlined forthcoming events for Halloween and the Switch-On of the Christmas Lights in Magherafelt.

Noted.

Leisure Services:

13.6 Members were advised that the income for Leisure Services for September 2005 increased by 15% when compared with the month of September 2004. The Chief Executive drew Members’ attention to the activities that had taken place during the month and the high usage of facilities. The income from the Golf Driving Range, Tobermore had increased by 34% and there was an increased demand for golf lessons.

Noted.

Technical Services:

13.7 Vandalism The Chief Executive outlined the number of incidents which had taken place during the month of September 2005 particularly in public toilets. He suggested that it might be worthwhile if Councillors took a tour of these toilets. Replacements could be provided but they would cost for £80,000 to £100,000 each and only in cases of dire need. A decision had been taken that the Council would consider the best vandal-proof toilet facility but the main problem was the mentality of people who want to vandalise disabled toilets.

13.7.1 Councillor Rev McCrea suggested that the officers would provide a paper for Council on the current position of all the Council’s public toilet facilities, what was happening and supported by photographs. Councillors required all this information in order to be able to make a decision.

13.7.2 Again the Chief Executive suggested that Mr Kissick would direct a tour of these public toilets if anyone wanted to join they should contact him.

Noted.

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13.8 Illegal Dumping It was reported that Council staff removed 2.8 tonnes of asbestos sheeting which had been dumped at Ranaghan Picnic Area.

13.8.1 Councillor Miss K A Lagan reported that this picnic area was largely used by van drivers and that two picnic tables were filthy.

13.8.2 It was also noted that action had been taken regarding the disposal of waste at Bellaghy Recycling Centre and several people had been written to by the Council.

13.8.3 Unofficial dumping also continued outside the Council’s recycling/skip site at Desertmartin Road, Draperstown.

Noted.

13.9 Contract for Tarmacing at Newferry The Chief Executive advised that details of the contract for the tarmacing and kerbing at Newferry Picnic Area had been omitted at the July meeting of the Council and sought the permission of the Council to make an amendment to the Minutes of the Council Meeting held on Monday, 4 July 2005 as follows:

Four quotations were sought for the tarmacing and kerbing of Newferry Picnic Site and all returned quotations.

It was recommended that as all four companies had the necessary experience required to carry out the work the Council accept the tender from P Graham, 112 Road, Ahoghill in the sum of £17,100 plus VAT.

On consideration it was

PROPOSED by Councillor Mrs E A Forde Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the above amendment be recorded in the Minutes of the Council Meeting held on 4 July 2005.

13.10 The Chief Executive further advised that work had commenced on the three new car-parking areas at Portglenone Coarse Fishing facility.

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13.10 Travelling People

(a) Polepatrick Cemetery The Chief Executive stated that on 24 September 2005 officers were advised that travelling people were camping in the car-park at Polepatrick Cemetery/Park. It appeared that they had cut the lock that secured the barrier which had been erected to prevent access to vehicles over 2.2 metres in height from using the site. Council staff and the PSNI responded immediately. On arrival the PSNI had arrested an offender. Following extensive discussions the travelling people left provided that the Council would not press charges against the person involved. On consideration of the expense and time involved in removing the same travelling people from the Council Offices, officers agreed to the proposal on condition that they would immediately move out of the District. The PSNI escorted the travelling people out of Polepatrick Cemetery/Park and out of the District.

The Chief Executive advised that the locking mechanism for the barriers had since been modified in an attempt to prevent a further occurrence. However it would also seem that there were no laws or security to prevent this happening.

(b) Council Offices and Meadowbank The Chief Executive reported that in order to increase security at both the Council Offices and Meadowbank Recreation Centre lockable bollards had been erected at the entrances to both sites. A CCTV camera had also been installed to monitor movements at the gates to the Council Offices.

Noted.

13.11 Waste Management It was reported that the Department of the Environment had issued a consultation paper setting how it proposed to amend the Waste and Contaminated Land (Northern Ireland) Order 1997, to enhance its powers and those of the District Councils to deal with the illegal transport and deposit of waste. A copy of the report was circulated (Appendix 1 to the report). Responses to the paper must be sent to the Environmental Policy Division not later than 14 November 2005.

Noted.

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13.12 Structural Options for Waste Management Submitted a copy of a report compiled by ‘Sub Group 1’ for presentation to the Waste Management Infracture Task Force at their meeting held on 28 September 2005 (Appendix 2 to the report). The Chief Executive explained that there were three options and they were going for Option 2. including waste management and incinerators. The infrastructure for a single waste authority was in place. Councils would be responsible for waste collection.

13.12.1 Councillor Rev Dr R T Wm McCrea said at present there were three Waste Management Groups in Northern Ireland and these should be retained. He asked if ARC 21 was taking over Waste Management for Northern Ireland and if that was indeed the cast he suggested that certain people were building empires and he did not mean those who would meet would benefit. He further asked that this matter be clarified. Regarding the report on the Northern Ireland Landfill Allowance Scheme and their proposed programme of work (Appendix 3 to the report) and (Appendix 4 to the report) on amendment to the Landfill allowance Scheme (Northern Ireland) Regulations where the principal proposal was to reduce the level of penalties from £200 per tonne to £150 per tonne for excess landfill. He said the he was totally opposed to this amendment and suggested that representations be made. It was unfair on those Councils who had worked within the landfill targets and if it was carried out then it should be charged for by the Council. Just because Magherafelt Council had the vision and views which were for the benefit of the ratepayers they should not be penalised.

13.13 It was

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

RESOLVED: to adopt the report as submitted.

13.14 Submitted copy of Modification Licence Papers for Bridge Van Dismantlers and their premises at 24 Macknagh Lane, Maghera from the Environment and Heritage Service (copy circulated to each Member).

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13.14.1 The Chief Executive explained that under Article 34, paragraph 5 of the Waste and Contaminated Land (NI) Order 1997 the Department was obliged to forward copies of all Waste Management Licences to the appropriate District Council for their information.

Noted.

14. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of October 2005 (copy circulated to each Member). 10/2005 14.1 The schedule provided for £620,209.97 out of the Revenue Account and £25,203.75 out of the Capital Account.

14.2 It was

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

RESOLVED: that the Statement of Accounts as submitted for October 2005 be approved.

15. TENDERS – Submitted report on tenders received for three 3 x 2.9 TONNE 2.9 tonne medium wheel based panel vans (copy PANEL VANS circulated under separate cover).

15.1 The report stated that a number of tenderers offered multiple options for differing makes of vans, but only the cheapest option offered by each tenderer was considered. All of the tenders with the exception of the lowest tender, met the specification. The specification asked for an engine of approximately 110 hp as it was felt that the size of engine was required to pull trailers, etc. The engine in the Iveco van of 90 hp was well below that required in the specification.

15.2 The second lowest tender for a Citroen Van and it was reported that the Council had experienced an excellent service from this model.whether Citroen, Peugeot of Fiat and it was therefore recommended that the Council accept the second lowest tender from Donnelly Fleet, Mallusk Road, Newtownabbey for the supply and delivery of three new Citroen vans at a cost of £37,759.87 including VAT.

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15.3 Councillor Rev Dr R T Wm McCrea asked if the Council could be assured that the purchase of this type of vehicle was the best value for money.

15.4 Mr Kissick agreed that this was indeed the case.

15.5 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor O T Hughes, and

RESOLVED: that the Council accept the second lowest tender from Donnelly Fleet, Mallusk Road, Newtownabbey for the supply and delivery of three new Citroen vans at a cost of £37,759.87 including VAT.

16. FINANCIAL Submitted the following requests for financial CONTRIBUTIONS contributions:

16.1 Mr Laurence Hastings – Over 40’s Squash Club: Submitted letter from Mr Hastings advising that he had been selected to represent Ireland in the Over 40’s Squash Team for the Home Internationals 2005. The costs would be in excess of £350 and he would appreciate if the Council would approve his request for financial assistance (copy circulated to each Member).

16.1.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council make a contribution of £200 to be forwarded to Ulster Squash.

16.2 Emergency Medical Services: Submitted request from Emergency Medical Services seeking a financial contribution towards their work.

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16.2.1 On consideration it was

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

RESOLVED: that the Council make a contribution of £1,000 to Emergency Medical Services, Magherafelt.

16.3 Positive Futures: Submitted letter dated 6 October 2005 from the Deputy Service Manager, Positive Futures (copy circulated to each Member). The letter explained that Positive Futures was a charity that worked with adults with a learning disability. As part of their 10 th Anniversary events, the Magherafelt office was running a table quiz and they hoped that the Council would donate towards their funds.

16.3.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council make a contribution of £200 towards their event.

16.4 Forum for Accountable Community Engagement (FACE): Submitted letter dated 4 October 2005 from the Rev Robert Miller, Rector of Maghera and Killelagh Parishes advising that the role of FACE was to help address the issues of sectarianism and paramilitarism in the local community (copy circulated to each Member).

16.4.1 Rev Miller said that FACE had been active within the District and that in November they would be hosting two training days on Conflict Management and he hoped that the Council would consider a financial contribution towards the cost of the venue and catering.

16.4.2 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J Crawford, and

RESOLVED: that the Council make a donation of £200 to FACE.

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16.5 Sperrin Choir: Submitted an e-mail from Mr Archie Thomson advising that he was organising a choir trip to Plerin-sur-Mer in Britanny for the end of May 2006 to give a joint concert. The trip would form part of Cookstown Twinning celebrations and stating that Cookstown Council was prepared to fund each Member living in the Cookstown area by £50 and enquiring if Magherafelt would do likewise for Members for its District or where funding could be obtained.

16.5.1 After some discussion it was agreed that this request be referred to the Magherafelt Arts Trust for its consideration.

17. ECONOMIC Consideration was given to the following requests: DEVELOPMENT 17.1 The Rural College, Draperstown: Mr McCarney said that the business of the Rural College could be split into two core elements – The Derrynoid Conference Centre which included bedroom accommodation, training and meeting room hire, etc and the Rural College which delivers Education and Training programmes including subventive and bursary programmes and consultancy services. He said that the Conference Centre was performing satisfactorily but there was a need to continually strive for independent financial sustainability. An economic appraisal had been carried out by Peter Quinn Associates. The key foundation for the project was the fact that in a six month period the college turned away £46,000 worth of business because of the shortage of bedrooms or an additional training room (details were included in the report circulated to each Member).

17.1.1 Mr McCarney stated that the Council proposed to extend the number of bedrooms and training rooms available through the construction of an additional residential block to provide 10 en- suite bedrooms and one training syndicate room.

17.1.2 Mr McCarney said that these were key facilities and sustainability concerned everyone and the additional bedrooms would add to additional hotel spaces. The Council could not fund private business.

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He said that the educational contract would only last until 2007 and funding from DARD might not always be there. He said that the Rural College was the key accommodation facility in the District and would provide additional hotel bed spaces. This project fitted in with the ERDF funding criteria and they were crying out for capital build projects and 50% of costs could be claimed. At a recent DETI meeting there was concern that only 60% of funding was being used instead of 70% and if there were no plans by December of this year the money would be reclaimed. He suggested that the Council grant £150,000 over a period of two years.

17.1.3 In reply to Councillor J J McPeake, Mr McCarney explained that the Ulster Commercial Investment Trust took over IFI (International Fund for Ireland) loans and has also extra funding without asking for security, although it had to be paid back.

17.1.3 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P McLean, and

RESOLVED: that the Council contribute £150,000 spread over the period of two years towards the project.

17.2 Development Support to Magherafelt and Maghera Towns Partnership: Mr McCarney stated that in September 2004 the Council awarded £35,097 to Magherafelt Area Partnership to draw up Development Plans for Magherafelt and Maghera towns, implement management structures and to identify five projects for each town. He said that in most towns there was a town manager. The development plans had been completed and constituted steering groups were in place for both towns.

The following projects were identified for Maghera:

1 A World Cup for Migrant Workers 2 Taxi Rank for Maghera 3 Business Awards 4 Heritage Trail 5 Family Fun Day.

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In Magherafelt the following projects were identified:

1 Elderly and Disabled Shopping Day 2 Walking Bus 3 A Craft Market 4 Bread and Eel Festival 5 Events.

Councillor P E Groogan objected to Draperstown not being included although he was not against the project in principle.

17.2.1 Mr McCarney explained that Maghera was considered to be the most central town in the Northern Region in the District and all the projects would be of benefit to the whole community. This project was a follow-on from the District Plan of 2001. He hoped that the two towns would work together on some of the events. The projects would attract many visitors to the District.

17.2.2 Councillors discussed the various projects and why they had been chosen and why Draperstown and Castledawson had not been included.

17.2.2 The Chief Executive enquired if the project could be extended to include Draperstown?

17.2.3 In reply, Mr McCarney said that it was unlikely, but he would not rule it out.

17.2.4 The Chief Executive stated that Draperstown had three banks and therefore had to be considered a commercial centre.

17.2.5 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Miss E A Forde

That the Council agreed to proceed with the projects identified for Magherafelt and Maghera and at the same time Draperstown should be also considered.

17.2.6 On a vote being taken 14 Members voted for the motion, 2 Members voted against. Voting being by show of hands.

Councillors P E Groogan and O T Hughes asked to be recorded as voting against.

The Chairman declared the motion carried.

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17.2.7 Councillor Miss K A Lagan also stated that the representation on the Towns Partnerships should be reconsidered as not all parties were represented.

17.2.8 In reply the Chairman stated that this matter would be dealt with at the Council Annual Meeting.

17.3 Visit to China: Mr McCarney stated that one of the key outputs in the LED Action Plan was to establish a Transnational Networking Bureau. The Magherafelt economy was based on construction and low technology manufacturing. The District had significant numbers employed in agriculture and one of the lowest levels of average hourly earnings. It had also to be recognised that the bulk of manufacturing could not be sustained in Magheafelt or in Western Europe. The Business Expert Team recommended that proactively local firms were helped to take a more international outlook and in particular the outsourcing of their manufacturing process in order to remain competitive and to seek out specialist franchises, distribution agencies, technology transfers and licensing agreements to operate outside the local Northern Ireland market.

17.3.1 Reporting on the progress to date, Mr McCarney said that business interest had regularly centred on what was happening in China. This had been made possible through a lady called Bernadette Kelly who was working in China as an English teacher. He said that MAP would like to visit China for the Canton Trade Fair which was held from 20 to 27 October 2005. The fair would present an opportunity to meet with a range of businesses compared to visiting factories. Secondly they would meet and interview agents who would carry out an important role in China of sourcing products, supervising the loading into containers and the shipping arrangements. The agent would only be paid on the receipt of goods in Ireland. MAP wished to undertake the recruitment of an agent to act on behalf of Magherafelt firms. After an initial development phase the initiative should be self-financing through fees and commissions paid by participating firms. The project costs for two persons would be £3,810.

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17.3.2 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor P McLean, and

RESOLVED: that the Council make a contribution of £3,810 for the project costs.

17.4 Submitted letter from Workspace drawing Councillors’ attention to an issue over the provision of support for development of new businesses in the Magherafelt District dated 11 August 2005 (copy circulated to each Member).

17.4.1 Mr McAllister in his letter intimated that Magherafelt had an economy of small businesses. A key element of the encouragement of new businesses had been the ‘Start a Business Programme’ funded by Invest NI and the local Council and delivered by Workspace in this area, and was hugely successful. Research by PriceWaterhouse Coopers revealed the high survival rates of these businesses and that each of the businesses created 1.6 jobs on average. This indicated that 140 new jobs would be started up in the Magherafelt District under the programme which equated to 224 new jobs.

17.4.2 Mr McAllister also stated that Invest NI had not adequately resourced the programme for the current year and were only prepared to finance 79 new start-ups in the District this year. The main point was that Invest NI were in fact blaming Council for not supporting the programme. This would mean that 40 new potential start-ups in the Magherafelt District with the potential for 64 new jobs would not be supported this year.

17.4.3 In conclusion, Mr McAllister stated that Workspace valued the relationship they had with the Council and would welcome the Council’s support in encouraging Invest NI to re-instate the budget. Transcripts from BBC Radio Ulster’s ‘Good Morning Ulster’ programme when Leslie Morrison from Invest NI was interviewed were enclosed with the letter and these were circulated to Members.

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17.4.4. On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: that the Chief Executive writes to Invest NI and the Minister explaining the situation regarding the “Start a Business Programme’ in the Magherafelt District and inviting Invest NI to explain themselves to the Council.

18. CONFERENCES Consideration was given to the nomination of AND COURSES delegates to attend the Confederation of European Councillors Annual General Meeting and Overseas 269/10/2005 Conference 2005 to be held in the Park Inn Hotel, Berlin from Wednesday, 12 October to Friday, 14 October 2005. The conference fee was £255.00 per person (details circulated to each Member).

18.1 It was noted that delegates could not attend as the Conference was being held in Berlin the following day.

19. APPOINTMENT TO Submitted letter from the Chairman, Lower Bann LOWER BANN Partnership Limited seeking the name and contact PARTNERSHIP LTD details of the Council’s nominee as a Director to the Partnership by Monday, 31 October 2005 (copy 10/2005 circulated to each Member).

19.1 It was

PROPOSED by Councillor I P Milne Seconded by Councillor P J Bateson

That Councillor J P O’Neill be appointed.

19.2 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Mrs E A Forde

That Councillor T J Catherwood be appointed.

19.3 On a vote being taken 9 Members voted for Councillor J P O’Neill and 6 Members voted for Councillor T J Catherwood. Voting was by show of hands.

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19.4 The Chairman declared Councillor J P O’Neill elected to serve as a Director of the Lower Bann Partnership Limited for the year commencing 16 November 2005.

20. CONSULTATION Submitted the following consultation documents: DOCUMENTS (a) Promoting Equality of Opportunity 195/10/2005 Consultation on the draft Employment Equality (Age) Regulations (Northern Ireland) 2006 prepared by the Office of the First Minister and Deputy First Minister seeking comments by 30 November 2005.

(b) Copy of the proposed NILGA response to the RPA (copy circulated to each Member).

20.1 It was agreed that if any Member or party grouping wished to make comments on any of the documents they should forward them to the Chief Executive who would then arrange to have them sent on the appropriate body.

21. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council proceed “In Committee”

Council “In Committee”

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

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

24. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and

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

Proceedings in “Open Council”

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It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and

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

25. SEALING OF There were no items for sealing. DOCUMENTS

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

(a) Report of the Northern Health and Social Services Board’s September meeting. (b) Minutes of Meetings of the North-Eastern Education and Library Board:

368 th Meeting held on 31 May 2005 369 th Meeting held on 28 June 2005 370 th Meeting held on 25 August 2005

(c) The Rivers Agency’s Corporate Plan 2005/10 and Business Plan 2005/2006.

(d) Annual Reports:

1) Northern Health and Social Services Board 2004/2005 (copy circulated to each Member) 2) NILGA 2004/2005 3) United Hospitals 2004/2005.

The meeting concluded at 10.15 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)