MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 10 June 2008. The meeting commenced at 7.05 pm.

Presiding Mrs K A McEldowney

Other Members Present Mrs E A Forde P J Bateson J Campbell T J Catherwood J Crawford Mrs A C Gribbon P E Groogan O T Hughes J F Kerr Miss K A Lagan P McLean J J McPeake I P Milne G C Shiels

Apology: Rev Dr R T Wm McCrea, MLA

Officers Present J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) M Young (Director of Environmental Health) Audrey Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance

Northern Ireland Housing Executive:

Dr John McPeake – Director of Design and Property Services Sean Mackie – Western Area Manager Brendan Adams – Area Programme Planner Michael Dallat – Local District Manager Mrs Hazel Faithfull – Information Officer

DoE Planning Service:

Ms Sandra Adams, Planning Officer

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1 MINUTES

1.1 It was

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

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 13 May 2008 (copy previously circulated to each Member), be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

2.1 Item 22.2 – Waterways – Letter acknowledging the Council’s letter of 5 June 2008 to The Drainage Council for supporting local residents from Oaklea Road, Ballyronan requests to have the stretch of waterway from the lake upwards designated under the Drainage Order. The letter stated that the Policy Section were considering this matter and would reply as soon as possible.

Noted.

2.2 Submitted letter from Mr John McCloskey, Fort Centre Riding for the Disabled thanking the Council for its donation of £10,000 towards the work of the centre.

Noted.

2.3 The Chief Executive stated that Miss Anne Boyle had a number of tickets for sale for an evening of summer music to be held in The Johnston Hall, Rainey Endowed School, Magherafelt on Saturday, 28 June 2008 at 7.30 pm. He explained that Miss Fionnuala Ward would be giving a piano recital that the event and that some Members had expressed an interest in going to a recital whenever they had recently attended a Civic Reception given by the Council to Miss Ward.

Noted.

2.4 Submitted a letter dated 13 May 2008 from the Environment & Heritage Service stating that Carn/ had been accepted by the European Commission and had been designated by the Minister for the Department of the Environment as a Special Area of Conservation on 16 May 2008

Noted.

2.5 Submitted Newsletter dated Thursday, 5 June 2008 prepared by Magherafelt Area Partnership (copy circulated to each Member) outlining recent main events:

• Last payment under the LEADER Plus Programme bring closure to a £1.6 million programme which directly assisted 225 individuals and businesses. • Big Lottery Application for the Safe & Well Programme • Silver Tuesday Programme • China Explorer Programme.

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2.6 Submitted flyer for the Launch of Summer Festivals in Magherafelt District on Saturday, 14 June 2008 at Meadowbank Sports Arena from 2.00 – 6.00 pm which would be hosted by Frank Mitchell of UTV and the Council’s Leisure Services Summer Fun & Sports 2008 Programme (copies circulated to each Member).

Noted.

2.7 Submitted copies of NILGA’s Monthly Update and its RPA Newsletter for May 2008 (copies circulated to each Member).

Noted.

2.8 Submitted copy of The Business Directory for Magherafelt prepared by Magherafelt Area Partnership (copy circulated to each Member).

3 NORTHERN IRELAND HOUSING EXECUTIVE 90 /06/2008

The Chairperson welcomed Dr John McPeake, Director of Design and Property Services, Mr Sean Mackie and representatives from the Housing Executive to the meeting and asked them to present the Magherafelt District Housing Plan and Local Housing Strategy (copy previously circulated to each Member).

3.1 Mr Mackie thanked the Chairman for his kind welcome and introduced Dr McPeake to the meeting.

3.2 Dr McPeake said that this was his first visit to Magherafelt. He highlighted the challenges that the Housing Executive would meet over the coming year. He drew some comfort from the Minister for Social Development, Margaret Ritchie MLA’s statement that housing would remain her priority and that the Housing Executive would continue to be Northern Ireland’s strategic housing authority. He said that the waiting list trends for social housing showed an increase in the number of applicants registered on the waiting lists over the past five years and a decreasing number of allocations to social housing. At the end of 2007 the figure for Northern Ireland on waiting lists showed an increase of over 4,000 (11.6%) on the previous year. The waiting list for the Magherafelt District Council area had grown to almost 500. The number in housing stress had also grown.

Dr McPeake advised that allocations of existing stock had been in the past the means by which the majority of housing need had been met but currently there was a dependency on the delivery of new stock.

Under the Social Housing Development Programme the Housing Executive in partnership with the Housing Association movement had delivered a total of 1,595 house starts. However there was a need for 2,500 new social dwellings each year in Northern Ireland. He said that this shortfall, combined with continuing difficulties for first time buyers had added to the pressures on the waiting list for homes in the social rented sector.

Dr McPeake added that the condition of Housing Executive stock was good with 75% meeting the Decent Homes Standard.

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The Housing Executive would continue with its programme of activity to realise capital from surplus assets, but with a turbulent housing and land market this would not be easy. It would therefore be necessary to continue to seek additional funding to deliver all of their programmes.

Under the Review of Public Administration Councils would be reduced from 26 to 11 larger Councils. Some housing related functions would be transferred from the Housing Executive to the new Councils – Inspection and regulation of Houses in Multiple Occupation, Unfitness inspections, Travellers transit sites, and the Housing Executive would remain the Home Energy Conservation Authority for Northern Ireland with Councils having the lead role in local initiatives.

3.3 The Area Manager, Mr S Mackie referred to this year’s District Housing Plan for the Magherafelt District (copy previously circulated to each Member). He focused on the Housing Executive’s achievements made in relation to housing condition improvements in both social and private sectors within the District. Mr Mackie highlighted the challenges faced by the Housing Executive in the coming year regarding the growing social need and affordability issues.

The Council was advised that Mr Michael Dallat the local Housing Manager would be leaving the Magherafelt District Office in the near future and Mr Eddie Doherty would become the Manager for both and Magherafelt Districts from 1 September 2008.

3.4 Members’ Questions:

Councillor G C Shiels referred to previous discussions regarding the potential for Latent Demand and in particular to Housing Executive owned land offered for sale by a Cookstown estate agent at the back of Alexander Park, . He said that when he had become aware that that piece of ground had been offered fro sale, he had contacted the NIHE Land and Property Section in an effort to stop the sale. He asked how this land had come to be offered for sale.

In reply, Mr Mackie said that he was not aware of the Housing Executive offering land for sale or seeking to identify latent demand in Upperlands.

Councillor Shiels stated that the Housing Executive had been previously committee to undertake an assessment of latent demand in Upperlands.

Mr Mackie said he would investigate the matter.

Councillor J J McPeake thanked Mr Michael Conway for his work in identifying latent demand in . He commented that the figures for housing stress were alarming. He paid tribute to Mr Michael Dallat and his staff for their work in the District. Councillor McPeake said that there was no quick fix to the current problems but there was simply not enough housing in the District and the NIHE had been at a disadvantage then sites were offered for sale. However, he welcomed news of sites recently being acquired by the public sector.

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Councillor Mrs E A Forde thanked Mr Dallat and the local office for their work. She requested an update in relation to a suggestion that Clanmill Housing Association had been offered the opportunity to acquire land with Planning Permission for houses in Ballyheifer. She also enquired about the current position relating to the co-ownership scheme and noted that she had been advised that 700 applicants had been asked to withdraw their application to the scheme.

Dr McPeake advised that the NIHE had assumed responsibility last year for the Social Housing Development Programme. He explained that it was sometimes possible for Housing Associations to acquire “off the shelf” properties that had originally been designed for private sale. However, this could only happen if the properties conformed to NIHE standards and represented value for money.

Mr Mackie said that he would check out the query in relation to the potential Clanmill development. And revert to Councillor Mrs Forde at a later date. He said that he thought that there were problems with housing mix on the proposed site which was outside the planning development area of the town and that there would appear to be two other more suitable sites in Magherafelt.

Councillor Miss K A Lagan pointed out that the Council had discussed a motion at its March 2008 Council meeting to form a strategic housing/planning committee but that decision had been overtaken by events. However she still felt that there was a need for closer cooperation between the Housing Executive, Planning Service and Council together with more joined up thinking between the Housing Associations as they operated as single entities. Councillor Miss Lagan enquired if Clanmill knew about the standards required by the Housing Executive in relation to the proposed development at Ballyheifer.

Mr Mackie advised that it had been made quite clear to Clanmill that the proposed housing mix was not in keeping with NIHE requirements. He said that he could see some merit in developing a relationship between the Council, Planning Service and the Northern Ireland Housing Executive but he had reservations about inviting Housing Associations to sit around the same table as their activities were too competitive.

Councillor Miss K A Lagan commented that the current arrangements were an appalling way to provide social housing.

Dr McPeake said that there where some forty Housing Associations in the North and thirty- one current housing schemes. There were only fourteen to fifteen schemes on a regular basis. He said that Housing Associations would be required to group into four procurement groups and it was hoped that then they would be able to target procurement groups to particular types of development. There would also be a site registration scheme.

Councillor Miss Lagan enquired how many sites had been identified in Magherafelt. She asked how many would have to wait on the outcome of the Public Inquiry in relation to the Draft Magherafelt Area Plan, and how many had not been costed. She enquired whether Clanmill was the only Housing Association which could complete their build programme within 12 months.

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Mr Mackie replied that there where currently two sites offered by two different Housing Associations, one of which was Clanmill, both were within current town development limits. He explained that when the Housing Executive supported the application in principle, detailed negotiations were commenced with the developers. It was possible that one scheme could start this year. The timetable for each project would be approximately three years. One year to find the site/developer, up to one year to obtain detailed planning permission and then one year for work on site to completion.

Councillor Miss Lagan enquired if the Housing Executive was supporting the Clanmill scheme at Ballyheifer..

Dr McPeake said that it was not as the scheme was outside the development limit and better opportunities were available.

Councillor J J McPeake referred to the number of migrant tenants (Foreign Nationals) who were leaving the area.

Dr McPeake explained there were three types of tenants - students, long term tenants including junior professionals and migrant workers. He said that the Housing Executive was beginning to see a return flow particularly with migrant workers from Poland who where moving back home, but this repatriation would probably not have any great impact on the housing stock although it could have more impact on the private rented housing sector, and in turn lead to a reduction in development.

Councillor P J Bateson said that the private developers seemed to be losing out whilst everyone else had opportunities. There needed to be some co-ordination as to what was available as it appeared that opportunities for accommodation were prohibited. Shortfalls could be alleviated by private landlords if the scheme was reorganised.

Mr Mackie said it was unlikely that Housing Executive would purchase land for Housing Associations again. He said that a year ago the private developers were not interested in the Housing Executive but now they worked directly with Housing Associations. He said that the private rented sector was almost as big as the social housing stock but the vast majority of landlords only owned a small number of properties.

Councillor Bateson asked if there was a pool of private landlords willing to operate in a structured way.

Mr Mackie said that it was very difficult to get consensus. However, an organisation called LANI operated in the larger metropolitan areas.

Councillor P McLean said that he too was alarmed by the numbers in housing stress. He referred to refurbishment of houses in the Westland area in Magherafelt and asked if refurbishment was value for money when houses were almost completely disintegrated.

Mr Mackie replied saying that he did not know the precise unit cost of refurbishment, but he estimated that it was approximately £30,000 against a rebuilding cost of approximately £150,000.

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Councillor McLean then asked how much consultation the Housing Executive had with Northern Ireland Electricity regarding renewal of wires into meters, and old wires left hanging from NIHE properties.

Mr Mackie said that he would be very surprised if old cables had been left hanging from Housing Executive houses after refurbishment. He advised that Members should notify the District Housing Manager of such instances if they became aware of them.

Councillor I P Milne enquired if the Housing Executive had any breakdown of people’s choice over Housing Executive stock or private rented housing.

In reply, Dr McPeake said that over 80% had a preference for owner occupation.

Councillor Milne said that this percentage indicated the people wanted stability and family life.

Dr McPeake said that the situation had changed within the past couple of years and people would probably, given the choice, prefer to rent in the social rented sector.

Councillor Milne then asked about the upgrading of heating systems particularly with the sharp increases in oil prices.

In reply, Dr McPeake said that the emphasis wase on double glazing and improving housing insulation.

3.5 The Chairperson thanked Dr McPeake, Mr Mackie, Mr Dallat and the members of their team for attendance at the meeting and for their presentation to Council.

Representatives from the Housing Executive retired from the meeting at 9.15 pm.

4 BUILDING CONTROL DEPARTMENT 210/06/2008

4.1 The Director of Building Control presented the Department’s report for the period 3 May to 30 May 2008 (copy previously circulated to each Member).

During this period fifty-five applications had been recommended for approval.

A total of one hundred and eight-one applications required amending by Architects and Agents before granting approval.

Applications for Cancellation and Extension of Time

During this period there were no cancellations or extension of times issued.

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Application for Notices and Regularisations

During the period from 3 May to 30 May 2008 there were five Notices issued.

MN/2056/0140 – Ms Dorothy Henry, 11 Road, for an oil heating upgrade

MN/2078/0075 – Mr Joseph McGeown, 15 Parkmore, Magherafelt for alterations to form an opening between the kitchen and dining area

MN/2089/0122 – Hugh & Catherine Murray, 91 Inniscarn Road, Desertmartin for the erection of a garage

MN/2089/0008 – Ms Margaret Doherty, 95 Clady Road, Portglenone for an oil heating upgrade

MN/2089/0013 – Mr Henry Ferrin, 13 Hillside Road, Upperlands to upgrade the existing oil fired heating and the installation of a new oil boiler.

During this period ninety-one applications had commenced on site and forty-two applications were found to be complete in accordance with Building Regulations.

There were seventeen new Postal Numbers and Postcodes issued for private dwellings (Cedar Avenue, Cedar Grove, Cedar Park and Salter’s Bridge).

Property Certificates

There were seventeen Property Certificates issued for this period.

4.2 It was

PROPOSED by Councillor P McLean, Seconded by Councillor J F Kerr, and

RESOLVED: to adopt the report as submitted.

5 NAMING AND NUMBERING OF STREETS PN.160/5/2008

Consideration was given to the naming and numbering of a development of five terrace houses for Rosemary O’Kane adjacent to 141 Moneysharvin Road, . The name suggested was ‘Anniscliffe Close’.

5.1 On consideration it was

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

RESOLVED: to name the development ‘Anniscliffe Close’ .

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6 LICENCES/REGISTRATIONS

6.1 Entertainment Licences: Submitted the following applications for Entertainment Licences which were in order and recommended for renewal:

E. 37 Ardtara Country House, 8 Gorteade Road, Upperlands – Dr A Hanna

E.115 Diamond Bar, 9 Main Street, Tobermore – Mr Walter L Richardson

6.1.1 On consideration it was

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

RESOLVED: that the applications as submitted be renewed.

6.2 It was recommended that the following Entertainment Licence be granted for an event to be held on Saturday, 26 July, 2008 subject to satisfactory reports being received from all departments:-

O.E. Glasgowbury Music Festival 1/08 Situated – The Cut/Pit, Feeney Road,

6.2.1 On consideration it was

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

RESOLVED: that the application be approved subject to satisfactory reports being received from the Fire Authority, Environmental Health and electrical certificates before the event on Saturday, 26 July 2008.

6.3 Petroleum Licences: Submitted the following applications for Petroleum Licences which were in order and recommended for renewal:

P. 01 S H Watterson (Eng) Ltd, 80 Aughrim Road, Magherafelt - Ms Joanne Donnelly

P. 11 Bradley’s Filling Station, 57 Tobermore Road, Desertmartin – Mr R P Bradley

6.3.1 On consideration it was

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

RESOLVED: that the applications as submitted be renewed.

6.4 Amusement Permit: Submitted an application for an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise which was recommended for renewal:

A5 Damien Convery, 4 Castle Street, 10

6.4.1 On consideration it was

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

RESOLVED: that the application as submitted be renewed.

6.5 Licensing Northern Ireland Order 1996: Submitted an application for the provisional grant of a Liquor Licence which was for the information of the Council:

Philip McKeever, 1a-5 Main Street,

Noted.

6.6 Marriage (NI) Order 2003 – Approved Place for Marriages: Submitted an application from Ardtara County House, 8 Gorteade Road, Upperlands BT46 5SA to be renewed as a venue for civil marriages. The appropriate documentation and fee had been received and the premises were considered to be satisfactory. It was recommended that ‘Ardtara Country House’ be used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003.

6.6.1 On consideration it was

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

RESOLVED: that ‘Ardtara Country House’ be approved as a place for civil marriages for the period of one year.

7 PLANNING SERVICE 185/06/2008

Submitted the Divisional Planning Manager’s report dated 10 June 2008 (copy previously circulated to each Member).

7.1 New Planning Applications:

H/2004/1597/F – Lidl NI. Gmbh Approval

H/2006/0947/F – Mr M Boyle Approval

H/2007/0095/F – Mr F Higgins Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0204/RM – Mr A McClean Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0230/F – Mr F McCallion Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer. The Planning Officer advised that there were five objections to this application. 11

H/2007/0355/F – Mr S Lavery Approval

H/2007/0397/F – Mr M Stewart Approval

H/2007/0458/O – Mrs J Hegarty Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2007/0474/F – Mr D McCartney Refusal. The Planning Officer advised that there were one-hundred and fifty-eight objections to this application.

H/2007/0486/F – Mr J Higgins Approval

H/2007/0554/F – Mr I Smyth Approval

H/2007/0575/F – N M Developments Approval. The Planning Officer advised that there were 20 objections to this application.

H/2007/0641/F – Mr P McErlean Approval

H/2007/0645/F – Mr J Henry Approval

H/2007/0732/F – O’Kane & Devine Construction Ltd Approval

H/2007/0784/O – Mr W Mulholland Deferred for an Office Meeting on the request of Councillors Miss K A Lagan and T J Catherwood. Councillor Miss Lagan handed a submission to the Planning Officer

H/2007/0824/O – S & P Cassidy Deferred for review of dPPS 14. The Planning Officer advised that there were two objections to this application.

H/2007/0839/O – Mr J McGuckin Deferred for review of dPPS 14.

H/2007/0844/O – Mr P O’Hagan Deferred for review of dPPS 14.

H/2007/0862/O – S McCloskey Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2007/0881/O – Mr P McBride Deferred for review of dPPS 14.

H/2007/0882/O – Ms E O’Neill Deferred for an Office Meeting on the request of Councillor G C Shiels and Mrs E A Forde . Councillor Shiels briefed the Planning Officer on the reasons for deferred.. 12

H/2007/0885/O – Ms R Donnelly Deferred for review of dPPS 14.

H/2007/0889/F – Mrs K Conway Deferred for review of dPPS 14.

H/2007/0890/RM – S Henry Approval

H/2007/0911/F – S Higgins Deferred for review of dPPS 14. The Planning Officer advised that there was one letter of support for this application.

H/2007/0972/RM – Mr D Bradley Approval

H/2007/1004/O – A McKee Deferred for review of dPPS 14.

H/2007/1006/F – Association of Baptist Churches in Ireland Approval.

H/2007/1014/F – J & D McCabe Deferred for an office meeting on the request of Councillor J Campbell who briefed the Planning Officer on the reasons for deferral.

H/2007/1021/F – Mr T Smyth Deferred for review of dPPS 14.

H/2007/1022/F – D McWilliams Approval.

H/2007/1042/F – Mr L Bradley Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.

H/2007/1043/F – Mr H McGlone Deferred. The Planning Officer advised that the applicant had submitted an amended scheme and as a result the Planning Service were withdrawing this application from the schedule to allow time to consider the amended scheme.

H/2007/1049/O – Mr D Patrick Approval

H/2007/1078/F – D McEldowney Approval

H/2007/1082/F – Moyola Park Golf Club Approval

H/2007/1085/RM – Mr T Savage Approval

H/2007/1093/F – Mr J Keatley Approval

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H/2007/1097/O – Mr S Kelly Deferred for an Office Meeting on the request of the Chairperson, Councillor Mrs K A McEldowney and Councillor J F Kerr. A submission was handed to the Planning Officer.

H/2007/1109/F – I Hyndman Approval

H/2007/1119/O – J P Conway Approval

H/2007/1122/F – P & F Watters Approval

H/2007/1126/RM – J & L Young Approval

H/2007/1141/F – E Donnelly Deferred for an Office Meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.

H/2007/1143/F – Mr B Crockett Approval

H/2008/0015/F – Town and Country Bar Approval

H/2008/0016/F – Mr J Donnelly The Planning Officer advised that there were eighty-two objections to this application.

On consideration it was

PROPOSED by Councillor P McLean Seconded by Councillor Mrs E A Forde

That this application be refused.

On a vote being taken, 2 Members voted for, 1 Member voted against, 12 Members abstained. The Chairperson declared the motion carried.

H/2008/0021/F – Mr G Burns Approval

H/2008/0029/F – D & B McGuigan Approval

H/2008/0030/F – Mr D McCloy Approval

H/2008/0031/RM – B & S McLaughlin Approval

H/2008/0032/F – P McAllister Deferred for review of dPPS 14.

H/2008/0055/F – Safecare Chrysalis Ltd Approval 14

H/2008/0063/RM – E Flanagan Approval

H/2008/0075/F – Woodtec Industries Ltd Approval

H/2008/0086/RM – Mr C Yorke Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer. The Planning Officer advised that there was one objection to this application.

H/2008/0090/F – P Scullion Approval

H/2008/0099/F – Ms M Pickering Approval

H/2008/0105/F – S McErlean Approval

H/2008/0124/F – Dr M Logan Approval

H/2008/0127/F – Mr & Mrs J Gallagher Approval. The Planning Officer advised that there was one objection to this application.

H/2008/0137/F – Mr P Morrow Approval

H/2008/0140/F – Mr R O’Kane Approval

H/2008/0147/F – Mr A Kelly Approval

H/2008/0153/RM – Mr T O’Boyle Approval

H/2008/0161/F – M Convery Approval

H/2008/0166/RM – Mr S Scullion Approval. The Planning Officer advised that there was one objection to this application.

H/2008/0168/F – J McMullan Approval

H/2008/0181/F – M Milligan Approval

H/2008/0184/F – Moyola Park FC Approval. The Planning Officer advised that there were two objections to this application.

H/2008/0189/F – K Quinn Approval

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H/2008/0191/F – St Mary’s PS, Greenlough Approval

H/2008/0226/F – M Cassidy Approval

7.1.1 Applications Deferred from Previous Meeting:

H/2002/0556/F – F P McCann Dev Ltd Approval. The Planning Officer advised that there were three objections to this application.

H/2006/760/F – G McKinless Approval

H/2006/0800/F – Mr P Gribbin Approval

H/2006/0653/F – PRH Construction Refusal. The Planning Officer advised that the Planning Service had withdrawn its opinion to reconsider this application.

H/2007/0017/F – Mr & Mrs McCann Approval

H/2007/0224/RM – M & A Developments Deferred for review of dPPS 14.

H/2007/0404/F – T McKay Approval

H/2007/0533/O – Mr S Kennedy Deferred for review of dPPS 14.

H/2007/0571/F – Mr S Bradley Deferred for review of dPPS 14.

H/2007/0611/F – Mr A Booth Approval.

H/2007/0618/O – Brendan McGeehan & Noel Ferson The Planning Officer advised that the applicant’s agent had withdrawn this application. She also stated that there were three objections to this application.

H/2007/0651/F – Mr K Wilson Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0739/O – A McKee Deferred for review of dPPS 14. The Planning Officer advised that there was one objection to this application.

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H/2008/0023/O – Three Four Ltd Refusal. The Planning Officer advised that there were eight objections to this application.

7.1.2 On consideration it was

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

RESOLVED: that the Planning Schedule dated 10 June 2008, subject to the above conditions and amendments, be adopted.

The Planning Officer retired from the meeting at 9.40 pm.

7.2 Submitted letter from the Divisional Planning Office giving the Department’s view on the proposed application H/2006/0623/F in the name of ACW Homes Ltd for one townhouse, 35m South West of 10 Lurgangoose Road, Knockoughrim under Paragraph 5.7 of the Reviewed Procedures for Appeal Hearings (copy previously circulated to each Member).

Noted.

7.3 Monthly Meetings during July and August 2008:

The Chief Executive advised that it was the custom that the Council did not hold a monthly meeting in July.

7.1 On consideration it was agreed that there would be no Council Meeting in July 2008 and that the Council Meeting in August would be held on the normal second Tuesday, that is, Tuesday, 12 August 2008 at 7.30 pm.

7.4 Arrangement for Planning Schedules:

It was

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

RESOLVED: that the Planning Service be authorised to issue approvals to applications where there were no objections or contentious issues, in respect of applications for the Magherafelt District which would normally appear in the July schedule.

8 COMMUNITY PLANNING

The Chief Executive advised that as Mr Michael McCrory was unable to attend the Council Meeting the presentation would be postponed until the next Council Meeting in August.

Noted.

17 9 FLAGS PROTOCOL

Submitted a proposed Joint Protocol document dealing with the display of flags in the Magherafelt District, between the PSNI, the Northern Ireland Housing Executive, Roads Service and the District Council (copy previously circulated to each Member).

The Chief Executive explained that it was hoped by the Office of the First Minister and Deputy First Minister and other Departments that local Councils would examine the protocol and adopt it as a way forward for the community in Northern Ireland.

Councillor J F Kerr said that he was apprehensive about signing up to a piecemeal approach. A more integrated approach was required to deal with flags in general and flags for prescribed organisations. There should be consultation on the ground.

Councillor P J Bateson said that he had recently made the point to Inspector Blemmings that the District was not ready for anything more at this point in time. He said that it was well appreciated that there were many sensitivities which needed to be addressed. It was important to get down to business and have a comprehensive look at all the issues surrounding the display of flags.

Councillor P McLean was of a different opinion, he felt that the protocol would not be all and end all of everything. He was unsure if the Unionist community could come at the speed that some other Members were suggesting and he thought that pressure to do so could cause more difficulties relating to the status of flags and emblems. He preferred the implementation of the protocol with the process being developed from there.

Councillor I P Milne supported Councillor Kerr’s comments. He said that a “legal” flag in Magherafelt had recently caused mayhem. He thought that the protocol was inappropriate as there was already a law to facilitate the removal of illegal flags.

Councillor Bateson said that illegal UDA/UVF flags could be taken down in Leckagh but “legal” ones kept up. He wondered where that would leave the situation given the sensitivities of the situation.

Councillor Kerr said that this protocol could create problems for everyone and the Council would only be endorsing what was provided for in law already. The protocol did not take a holistic approach. Accordingly it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that consideration of the protocol be deferred and further consultation be undertaken with the PSNI and the community was a view to establishing a wider ranging protocol.

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10 MINERAL DEVELOPMENT ACT

Submitted letter of reply from the Department of Enterprise, Trade and Investment dated 12 May 2008 to the Council’s letter in connection with the granting of a Mineral Prospecting licence to Lonmin plc for Mineral Prospecting Rights under Section 11 on the Sperrin Mountains, North West of Maghera (copy previously circulated to each Member).

The Chief Executive advised that the letter of reply had ignored the issues raised in his letter.

Councillor J J McPeake stated that the actual specifics requested by the Council had not been answered and more detail was required.

It was therefore

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr, and

RESOLVED: that the Chief Executive write again to the Departrment seeking answers to the specific questions raised by Members at the April 2008 Council meeting.

11 ENVIRONMENTAL HEALTH DEPARTMENT

Mr Young, Director of Environmental Health submitted the report for the month of May 2008 (copy previously circulated to each Member). The following matters were taken into special consideration.

11.1 Local Government (Miscellaneous Provisions) (NI) Order 1985

Mr Young reported that a “notice of intention” had been served on the proprietor of a take-away premise known as ‘Golden House’ 22 St Patrick’s Street, Draperstown in accordance with the Council’s resolution taken at its meeting held on 13 May 2008. To date no response has been received within the statutory time limit and subject to no response being received by expiry of the time limit (11 June 2008), advised that the Council may wish to proceed to make a Closing Order under the above Order prohibiting opening between the hours of 0200 and 0500 each day.

11.1.1 It was

PROPOSED by Councillor I P Milne Seconded by Councillor J F Kerr, and

RESOLVED: that subject to no representation being received by 11 June 2008 from the proprietor, a Closing Order be served under the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 to prohibit opening of “Golden House”, 22 St Patrick’s Street, Draperstown between the hours of 0200 and 0500 each day.

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11.2 NILGA Interreg Climate Change Bid Achieving Sustainable Councils (ASC)

Mr Young summarised proposals by NILGA to develop a Climate change project supported by funding through the Interreg IVA project. The project would involve Council signing up to a Declaration to fully participate and to seek to map and reduce the carbon footprint of Council activities. It was indicated that NILGA would recruit project officers to assist with the process. At this stage NILGA were asking Councils to approve participation “in principle” with further details to follow.

11.2.1 It was

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

RESOLVED: that the Council support, in principle, the NILGA initiative and the draft Local Government Declaration.

11.3 Pollution Prevention and Control (NI) Regulations 2003

Mr Young reported that Dullaghy House, trading as TBS Concrete had made application to have a Permit to operate a concrete batching plant at 106 Road. Mr Young advised that the application was in order and a Permit had been issued. He sought Council approval for this course of action.

11.3.1 It was

PROPOSED by Councillor P McLean Seconded by Councillor J F Kerr, and

RESOLVED: that the issue of a permit as indicated be approved.

11.4 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

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

12 OPERATIONAL SERVICES DEPARTMENT

12.1 Submitted report by the Director of Operations for the month of May 2008 (copy circulated to each Member).

12.1.1 Mr Johnston gave a detailed presentation of his report, and where appropriate sought the Council’s opinion/approval/permission regarding a number of specific proposals/recommendations contained in the report. In respect of these items the following resolutions were agreed by Council.

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12.2 Development

12.2.1 Park

It was

PROPOSED by Councillor J Campbell Seconded by Councillor J F Kerr, and

RESOLVED: that in order to be in a position to develop a Management Plan for the whole of Traad Park the Council, having carried out phase 1 of the report, would now proceed with phases 2 and 3 as outlined in the report.

12.3 Community Relations

12.3.1 Sports Capital/Revenue Grant Aid Programme

Mr Johnston advised that the members would be aware that Council policy stated that groups/organisations could only avail of one Council grant per financial year.

Mr Johnston stated that this policy had been discussed by the Party Leaders, at their meeting of Tuesday 10 June 2008, and in particular how this policy should apply to the recently introduced Sports Capital/Revenue Grant Aid Programme. It was agreed that as the Sports Capital/Revenue Grant Aid Programme included a number of specific individual grant aid sector it would be acceptable for groups/organisations to apply once per year for each of the grants contained within the Sports Capital/Revenue Grant Aid Programme.

Mr Johnston also advised that the members would be aware that the Council, at its meeting of Tuesday 11 December 2007, had approved a number of grant aid applications submitted under the Sports Capital Grant Aid Programme. He informed the members that the officers had now received a request from one of these applicants for part- payment of the grant aid allocated to this organisation. Mr Johnston stated that there was currently no provision for a part-payment in the scheme regulations

12.3.2 It was

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

RESOLVED:

(a) That groups/organisations could apply once per year for each of the grants contained within the Sports Capital/Revenue Grant Aid Programme. (b) That grant-aid would only be paid to the applicants after the work/project/event had taken place or had been completed to the satisfaction of the Council.

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12.4 Technical Services

12.4.1 Bi-Lingual Street/Road Nameplates

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the Council would survey residents living at Glencree, Glenvale, Tullyheran Road and Hazelbrook regarding the erection of bi-lingual street/road nameplates in these areas.

12.4.2 Magherafelt Women’s Institute

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: that the officers would liaise with the Magherafelt Women’s Institute as to how the Council could assist them celebrate their 70 th Anniversary, and report back to Council.

12.4.3 Library Clock, Draperstown

It was

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

RESOLVED: that the Officers would implement appropriate procedures for a comprehensive overhaul of the clock at Draperstown Library, as outlined in the report.

12.4.4 Public Art Work – Town Centre Roundabout, Magherafelt

It was

PROPOSED by Councillor J J McPeake Seconded by Councillor I P Milne, and

RESOLVED: that the Council would invite Ms Bateson to present sketches of her proposals to a future meeting of the Council.

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12.4.5 Brackagh Hall Recycling Point

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: that subject to all the necessary approvals being obtained the Council would create a Community Recycling Point on grounds on 23 Brackaghreilly Road, Maghera.

12.4.6 Implementation of the Wetlands Local Biodiversity Action Plan

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: that the Council would defer a decision regarding Landfill Tax Credits Funding for the implementation of the Lough Neagh Wetlands Local Biodiversity Action Plan pending further clarification/information regarding this matter.

12.4.7 Proposals for Anti-Litter Campaign

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor I P Milne, and

RESOLVED: that the Council agreed the basic concept of the report, and that the officers would now expand on the proposals and present a more detailed costed report to Council.

12.5 All other items were noted by the Council.

12.6 Mr Johnston asked the Chairperson’s permission to raise an additional item.

The Chairperson agreed to this request.

12.7 Dog Tendering Service

Mr Johnston advised that following receipt of a DARD report, which basically stated that the Euthanasia of all unwanted dogs must now be carried out by a qualified Veterinary Surgeon, the officers were recommending that in future this role be undertaken by a Mr Gilbert who would attend the kennels on a weekly basis.

Mr Johnston stated that Mr Gilbert had indicated that his charge fee would be £60 per hour, inclusive of travel and expenses, that the revised procedures would involve Mr Gilbert identifying the number and type of dogs he had euthanised on each visit and that this information would be presented along with his monthly bill. It was also suggested that the visits would be approximately 1 hour’s duration on each occasion. 23

Mr Johnston advised that the officers of Cookstown and Magherafelt Councils, who both avail of the kennelling services provided by Mr Glasgow in Cookstown, had agreed that the fees would be split on a 50/50 basis between the two Councils. Mr Johnston concluded by stating that DARD were of the opinion that these procedures were necessary if Mr Glasgow’s premises were to be used as a Dog Pound by any Council.

12.7.1 It was

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

RESOLVED: that in order that the Council were in compliance with the DARD directive in future all stray/unwanted dogs to be euthanised, would be put down by a qualified Veterinary Surgeon, as outlined in the report.

12.8 Re-Homing Of Dogs

Mr Johnston stated that he had received correspondence from Gorteade Dogs/Cats Home which stated that they were concerned about the number of dogs which were being put to sleep at the pound in Cookstown, and had been taking dogs for re-homing basically to avoid this procedure. They had however indicated that this work was not without considerable expense and therefore they felt that some of the costs saved by the Council in not having to euthanise unwanted/stray dogs could be passed on to the dogs home, to assist them in their efforts to re-home these dogs. The suggestion was that £10 per dog would allow them to continue with this work.

12.8.1 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor J J McPeake, and

RESOLVED: that the Council would pilot the proposal as outlined in the report for a period of six months, to assess its potential before deciding whether or not to adopt it as a long term procedure for dealing with stray/unwanted dogs, subject to agreed conditions being accepted by the Gorteade Dogs/Cats Home.

12.9 Magherafelt Free Presbyterian Church – Fun Day

Mr Johnston advised that Magherafelt Free Presbyterian Church were requesting Council’s permission to use Tobermore Golf Driving Range Football Pitch for a fun day, on Wednesday 18 June 2008, from 7.00pm to 9.00pm.

12.9.1 It was

PROPOSED by Councillor J Crawford Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the Council would allow Magherafelt Free Presbyterian Church to book the facility, subject to all insurance/health and safety issues being addressed to the satisfaction of the officers of the Council.

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12.10 1st Tobermore Company Boys Brigade

Mr Johnston advised that 1 st Tobermore Company Boys Brigade had requested the Council’s permission to use Mill Park, Tobermore for a fun day on Wednesday 28 June 2008, from 1.00pm to 5.00pm.

12.10.1 On consideration, it was

PROPOSED by Councillor P McLean Seconded by Councillor J F Kerr, and

RESOLVED: that the Council would allow the 1 st Tobermore Company Boys Brigade to book the facility subject to all insurance/health and safety issues being addressed to the satisfaction of the officers of the Council.

12.11 It was

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

RESOLVED: that the report as submitted be adopted.

13 TALL SHIPS TRANS-ATLANTIC CHALLENGE 2009

Submitted e-mail from City Council and attached letter from the Chairman of Belfast Tall Ships explaining that during the summer of 2009, the magnificent tall ships would be returning to Northern Ireland (copies previously circulated to each Member).

13.1 The letter detailed the race which would run in a series of ‘legs’ of approximately three weeks and would finish in Belfast. The Race would provide a Sail Training opportunity for many young people. The trainees would have extensive learning opportunities sailing with their contemporaries from other countries and facing the challenges of the ocean.

13.2 Belfast City Council was working closely with Ocean Youth Trust Ireland who would help with recruitment, selection and training. Their vessel the ‘Lord Rank’ would be able to accommodate fifty trainees. The cost for each trainee would be £3,000. Belfast City Council was therefore asking if each local authority could identify and fund one or two trainees.

13.3 On consideration it was agreed that the Council would not participate in identifying trainees or funding their sailing opportunities in connection with the Tall Ships Trans- Atlantic Challenge 2009.

14 PAYMENT OF ACCOUNTS 06/2008

Submitted Statement of Expenditure setting out payments to be made during the month of June 2008 (copy circulated to each Member).

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14.1 The statement provided for £802,150.18 out of the Revenue Account and £44,094.81 out of the Capital Account.

14.1.1 On consideration it was

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

RESOLVED: to approve the Statement of Accounts as submitted for June 2008.

14.2 There being no Council Meeting in July, it was further

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

RESOLVED: that the payment of accounts for the month of July be approved by the Chairperson, Vice-Chairperson and one other Member of the Council.

14.3 Council’s Annual Accounts:

It was agreed that the Annual Accounts of the Council together with all associated matters would be discussed at a Party Group Leader’s meeting to be held on Monday, 30 June 2008 at 8.00 am. Members agreed that the Party Group Leaders would, if satisfied with the information presented by the Chief Executive, be authorised to approve the Accounts and related matters/documents at that meeting.

14.4 Bank Mandates:

Consideration was given to the change in signatories on the Chairman’s and Vice- Chairman’s Accounts:

14.4.1 Chairperson’s Account: It was

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

RESOLVED: to approve the change in signatories to the Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Chairperson, Councillor Mrs K A McEldowney with immediate effect.

14.3.2 Vice-Chairperson’s Account: It was

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

RESOLVED: to approve the change in signatories to the Vice-Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Vice-Chairperson, Councillor Mrs E A Forde with immediate effect.

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15 FINANCIAL CONTRIBUTIONS

Consideration was given to the following letters of request for financial contributions:

15.1 Children with Leukaemia: Submitted letter dated 14 May 2008 seeking sponsorship for children to attend the 21 st Amazing Great Children’s Party. All funding would go in its entirety to help children with leukaemia (copy previously circulated to each Member).

15.1.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: to make a contribution of £500.

15.2 Emergency Medical Care: Submitted letter from the Co-ordinator for Emergency Medical Care, Magherafelt dated 29 May 2008 seeking funding towards the replacing of ambulance equipment and supplies (copy previously circulated to each Member).

15.2.1 On consideration it was

PROPOSED by Councillor Mrs E A Forde, Seconded by Councillor T J Catherwood, and

RESOLVED: to make a contribution of £1,000 be made.

15.3 Lough Neagh Rescue Ltd: Submitted letter from the Patron dated 27 May 2008 seeking the Council’s continued support for the work of Lough Neagh Rescue (copy previously circulated to each Member).

15.3.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P McLean, and

RESOLVED: to make a contribution of £1,000 be made.

16 SECTION 115

Consideration was given to the allocation of funding under Section 115 of the Local Government Act (NI) 1972 to Fuel Poverty activities for the year 2008/09.

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16.1 It was

PROPOSED by Councillor J F Kerr Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council having considered that:

1 The expenditure would bring direct benefit to the Council, or its District or the inhabitants of its District or any part of its District, and 2 Under Section 115 (3) (b) the direct benefit accruing to its District or to the inhabitants of its District or any part of its District would be commensurate with the payments to be made and also that the total payments made by the Council under Section 115 (2) in one financial year would not exceed the amount allowable under that Section.

would approve that £7,000 be allocated to Fuel Poverty activities under Section 115 of the Local Government Act (NI) 1972 in the financial year 2008/09.

17 CONFERENCES AND COURSES

Consideration was given to the nomination of delegates to attend the following conferences and courses:

17.1 ‘Women in Local Councils’: A celebration event organised by NILGA to take place in Hillsborough Castle on Thursday, 26 June 2008 from 10.00 am to 1.30 pm (details previously circulated to each Member).

17.1.1 On consideration it was agreed that the invitation be left open to the four female Councillors to attend.

17.2 Launch of ‘Let’s talk, let’s listen’: Guidance for public bodies on consulting with and involving children and young people organised by the Equality Commission at the Stormont Hotel, Belfast from 2.30 pm to 4.00 pm on Thursday, 26 June 2008 (details previously circulated to each Member).

17.2.1 On consideration it was agreed not to nominate.

17.3 Wind Farm Visit – Wolf Bog Wind Farm: Seminar organised by Action Renewables and the British Wind Energy Association (BWEA) at Wolf Bog Wind Farm near Moorfields, Ballyclare on Thursday, 3 July 2008 (details previously circulated to each Member).

17.3.1 On consideration it was agreed not to nominate.

17.4 ‘Towards Modern and Efficient Government’ Conference: Conference organised by bmf Business Services to be held on Wednesday, 17 September 2008 at Stormont Hotel, Belfast. The price per delegate was £299.62 including VAT (details previously circulated to each Member).

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17.4.1 On consideration it was

PROPOSED by Councillor J J McPeake Seconded by Councillor I P Milne, and

RESOLVED: that Councillor J F Kerr attends the conference.

17.5 A Journey of Remembering: Island of Ireland Partnership: Provisionally organised to travel from Dublin to Brussels from Saturday, 9 November returning on Wednesday, 12 November 2008 to mark the occasion of the tenth anniversary of the inauguration of the Island of Ireland Peace Park, Messines Ridge, Flanders, Belguim (details previously circulated to each Member).

17.5.1 On consideration it was

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

RESOLVED: that Councillor J Campbell attends.

18 CONSULTATION DOCUMENTS

18.1 Submitted the following documents:

(a) Letter from the Northern Ireland Assembly’s Committee for Culture, Arts and Leisure intimating that it would be undertaking an Inquiry into the Development of a Museum’s Policy for Northern Ireland and seeking comments by 10 June 2008 (copy previously circulated to each Member).

(b) Letter and consultation (second phase) on the European Fisheries Fund UK Operational Programme prepared by the Department of Agriculture and Rural Development seeking comments by Friday, 27 June 2008.

(c) Letter and Preliminary Consultation Document outlining proposals for the Reform of the Northern Ireland Renewables Obligation (NIRO) published by the Department of Enterprise, Trade and Investment seeking comments by Thursday, 10 July 2008 (letter previously circulated to each Member).

(d) ‘Strategic Review of Parading’s Interim Consultation Report and base research document entitled ‘The Views of Key Stakeholders’ seeking comments by 8 August 2008.

(e) Public Consultation Document prepared by the Department of Finance and Personnel entitled ‘Review of Domestic Rating of Empty Homes’ seeking comments by 15 August 2008.

(f) Letter and consultation document prepared by the Department of the Environment on proposals to introduce statutory restrictions on the use of lead shot in or over wetland areas in Northern Ireland and seeking comments by 22 August 2008.

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(g) Letter and consultation on the Review of the Northern Ireland Civic Forum commissioned by the First Minister and Deputy First Minister seeking comments by Friday, 29 August 2008 (copy previously circulated to each Member).

(h) Consultations on the Requirements for Near-Surface and Deep Geological Disposal Facilities for Radioactive Wastes issued by the Environment Agency, the Scottish Environment Protection Agency and the Environment and Heritage Service seeking comments by 1 September 2008 (letter previously circulated to each Member).

(i) Letter and consultation document published by the Northern Ireland Court Service on widening the jury pool and seeking comments by 4 September 2008.

(j) Letter and consultation document from the Department of the Environment proposing to reform the way people learn to drive and the way they are tested, seeking responses not later than 8 September 2008 (copies previously circulated to each Member).

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

19 SEWER FLOOD PREVENTION SCHEME

Submitted a letter dated 15 May 2008 from Atkins Limited advising that they were currently working on a number of sewer flood prevention schemes with Draperstown Hydraulic Scheme for Northern Ireland Water Services and detailed their proposals for the Tobermore Road Scheme (letter and details previously circulated to each Member).

Members noted the contents.

20 COMMUNITY EMERGENCY RESPONSE SCHEME

Submitted letter from the Northern Health and Social Services Board dated 30 April 2008 seeking support for the development of a Community Emergency Response Scheme for people living in a hard to reach area of Mid-Ulster (copy previously circulated to each Member). This scheme would involve greater awareness in workplaces, schools and the local community of signs and symptoms to avoid emergency health incidents, the development of a Community First Responder initiative comprising volunteers trained to attend certain 999 emergency calls and activated by the Northern Ireland Ambulance Service who in turn would notify the volunteers of an ambulance being despatched.

Such a scheme would require ongoing support and commitment from the Councils. The Health and Social Services Board were therefore asking Magherafelt and Cookstown District Councils to give consideration to ‘hard to reach’ localities in the area.

The letter concluded by stating that representatives from the Northern Health and Social Services Board would be happy to meet with the Council to discuss this matter further.

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On consideration, it was

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

RESOLVED: that the Council put forward Sixtowns, Draperstown as a ‘hard to reach’ location.

21 COMMUNICATION WORKERS UNION – PRESENTATION TO COUNCIL

Submitted letter from CWU Regional Secretary dated 23 May 2008 in connection with the Government’s Review of postal liberalisation and Post Office closures. The CWU responded to the review by calling for:

• A strengthening of the USO to guarantee early delivery of SME’s and support the Post Office network • Changes to the rules on access that end the subsidy offered to Royal Mail’s competitors • Product and service innovation giving Royal Mail the commercial freedom to harness new technology and develop and deliver the postal services that mail users want • The reform of Postcomm.

The Communication Workers Union stated that they would welcome an opportunity to discuss with the Council the key element of their submission.

On consideration it was agreed that the Chief Executive would arrange for representatives from the Communication Workers Union Northern Ireland Region to address the Council at its August meeting.

22 NOTICES OF MOTION

22.1 In accordance with her Notice of Motion Councillor Miss K A Lagan proposed:

“That this Council is concerned at the absence of a co-ordinated approach to address the increasing prevalence of violence against women throughout Northern Ireland and accordingly

• Welcomes the “Making the Grade” report produced by the End Violence Against Women Coalition; • Notes the call in the Making the Grade report for an integrated strategy, across all authorities, to tackle violence against women; • Calls for the implementation of the recommendations of the report by relevant departments, authorities and stakeholders in a multi-agency approach.”

Councillor Miss Lagan said that the “Making the Grade” report included but was not limited to domestic violence and detailed a number of types of violence against women.

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Councillor Miss Lagan said that Cookstown Women’s Aid would be anxious to make a presentation to Council and she would also like to bring Paula Jack based in Ballymena to raise awareness and joined-up thinking with MARAC. She would also like a presentation to be made to the District Policing Partnership.

The motion was seconded by Councillor J Campbell.

Members supported the motion and agreed that arrangements be made for presentations to be made.

22.2 In accordance with his Notice of Motion, Councillor J J McPeake proposed:

“That this Council condemns the Abuse of Older People within this District and throughout the North of Ireland and supports Help the Aged’s campaign to Help Stop Elder Abuse. Furthermore we call on the Assembly’s Executive to:

• Establish a cross Departmental taskforce to produce an action plan on elder abuse to follow through on recommendations of the Health Select Committee • Secure better protection of old people’s equality and Human Rights through mechanisms as the Bill of Rights and the Single Equality Bill • Ensure that the Criminal Justice System effectively and efficiently prosecutes perpetrators of elder abuse • Introduce compulsory training for all health and social care workers in human rights and recognising and reporting elder abuse.”

Councillor McPeake stated that this motion was similar to the previous motion. This was a generic motion which had been passed by many Councils. He said that there was a need for a more co-ordinated strategy and joined-up thinking and approach between Departments. It was not the responsibility of any one department.

The motion was seconded by Councillor J F Kerr and the motion was unanimously adopted.

Councillor Kerr referred to a conference he had attended some years ago about elder abuse and how shocked he was to learn of the number of elderly people who were abused, many in their own homes and the shame attached to the abuse. He said this was an opportunity for Councils to raise awareness and give some hope for the future.

Councillor Miss Lagan in support of the motion agreed that there should be some joined-up thinking at a local level and perhaps it could be done through the ‘Good Morning’ team, General Practitioners, community policing, etc.

Councillor P J Bateson asked for future feedback on the success of the motion mobilising what the Council was requesting.

Councillor Miss Lagan referred to the excellent booklet circulated to Members ‘Help the Aged in Northern Ireland’s Spotlight Report 2008’.

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It was

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

RESOLVED: that the Chief Executive arrange Special Meetings to allow for presentations from Cookstown Women’s Aid, MARAC and Help the Aged.

23 ROADS SERVICE

Submitted an e-mail, notice and map in connection with a proposal to utilise loading bays as parking places where any vehicle may wait for a period not exceeding one hour on certain hours on Saturdays only with return to a parking place prohibited until a period of one hour has expired (copies previously circulated to each Member).

Noted.

Submitted letter and a copy of the Department’s Notice of Intention to make a Vesting Order, related map and schedule together with a copy of the Statutory Notice to make an order vesting certain lands in the townlands of Coolshinney, Killyfaddy, Leckagh, Dunamoney, Carraloan (Glebe), Tullylinkisay and Killyneese in connection with the A31 Magherafelt By-pass (copies previously circulated to each Member).

Noted.

24 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor P McLean Seconded by Councillor J F Kerr, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

25 STAFF MATTERS

This item was taken “In Committee”.

26 LEGAL MATTERS

This item was taken “In Committee”.

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27 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

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

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

Proceedings in “Open Council”

It was

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

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

28 SEALING OF DOCUMENTS

Grant of Right of Burial to Mrs Jennifer Lennox of 2 Westland Gardens, Magherafelt - Plot A91, deceased Dylan Alan Lennox,

29 FOR THE INFORMATION OF MEMBERS

The following items were submitted for the information of Members:-

(a) Minutes of the 398 Meeting of the North Eastern Education and Library Board held on Tuesday, 29 April 2008. (b) Minutes of Meeting of the Northern Health and Social Services Council held on Wednesday, 2 April 2008. (c) Minutes of Meeting of NILGA Full Members Meeting held in the Ramada Hotel, Belfast on 4 April 2008. (d) Copy of Help the Aged in Northern Ireland’s Spotlight Report 2008 (copy circulated to each Member). (e) Copy of ‘Discover – Walk Northern Ireland’ (f) Copy of NIHE’s – The Northern Ireland Housing Market – Review and Perspectives 2008-2011 (g) Copy of Postwatch Northern Ireland’s submission to the Post Office Limited proposals for network change in Northern Ireland following public consultation. (h) Copy of the Housing Executive’s rural newsletter ‘Rural Matters’. (i) Draft Report on the operation and effectiveness of Anti-Social Behaviour Orders prepared by the Criminal Justice Inspection Northern Ireland (j) Annual Report:

1 Parades Commission for Northern Ireland for the year ended 31 March 2007.

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The meeting concluded at 10.35 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)