MAGHERAFELT DISTRICT COUNCIL MINUTES of Proceedings of A

MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 10 February 2004. The meeting commenced at 7.30 pm.

Presiding: Miss K A Lagan

Other Members Present: R A Montgomery T J Catherwood P E Groogan O T Hughes J Junkin J F Kerr J A McBride Rev Dr R T Wm McCrea P H McErlean P McLean J J McPeake (joined the meeting at 9.00 pm) H E Mullan S O’Brien (joined the meeting at 9.00 pm) J P O’Neill G C Shiels

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

1. MINUTES Submitted Minutes of Meeting of the Council held on Tuesday, 13 January 2004 (copy circulated to each Member).

1.1 Councillor Rev Dr R T Wm McCrea referred to Page 18 of the Minutes - Planning Application H/2002/0984/F and stated that he had not deferred this application. This should have been a refusal.

1.1.1 It was agreed that the Minutes be amended accordingly.

1.2 Councillor R A Montgomery referred to Page 67 of the Minutes - National Association of Councillors and stated that there was a Proposer and Seconder for his request.

1.2.1 It was agreed that the Minutes be amended to include that it was

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

RESOLVED: that for each meeting of the Association Councillor R A Montgomery wished to attend in Britain he would firstly seek the Chief Executive’s approval.

1.3 It was

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

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 13 January 2003 subject to the above amendments be taken as read and signed as correct.

2. MATTERS ARISING 2.1 The Chief Executive advised that there OUT OF THE MINUTES were no matters arising out of the Minutes.

3. CONGRATULATIONS The Chairman, Councillor Miss K A Lagan, proposed that messages of Congratulations be sent to Mr Eugene Donnelly, Tobermore on becoming the Dunlop National and Northern Ireland Rally Champion, and Mid-Ulster Garden Centre, Maghera on winning the All-Ireland Garden Centre Award.

3.1 Councillor P E Groogan also requested that St Colm’s High School, Draperstown be Congratulated on winning for the first time the Derry Vocational Schools’ Cup in the u14’s Camogie and Football and the Ulster Title in the u16’s Vocational Schools’ Hurling.

3.2 It was agreed that messages of congratulations be sent to Mr Donnelly, Mid-Ulster Garden Centre and St Colm’s High School.

3.3 The Vice-Chairman, Councillor R A Montgomery said that it was the normal procedure for the Council to host a civic reception for anyone who became an All-Ireland Champion.

3.4 Accordingly, it was

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

RESOLVED: that the Council host a Civic Reception for Mid-Ulster Garden Centre on winning the All-Ireland Garden Centre Award.

4. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 14 January to 3 February 2004 (copy circulated to each 210/2/2004 Member).

4.1 Mr Glendinning stated that during the period of the twenty-nine applications had been recommended for approval. There were no rejections. Two applications had been cancelled after going beyond the four-year period – MA/0989/0326 – Mrs B Doherty, 117 Ballyronan Road, Magherafelt for an extension to a dwelling, and MA/2001/0299 – Mrs Sharpe, 31 Parkmore Road, Magherafelt for the installation of a level deck shower. There was one application which was exempt – MA/2034/0351 – Mrs J Kelly, 20 Bancran Road, Draperstown for a porch.

4.1.1 Forty-six applications had commenced on site and thirty-five applications were found to be complete in accordance with Building Regulations.

4.2 It was

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

RESOLVED: that the report as submitted be adopted.

5. NAMING AND Submitted letters and site plans for the naming and NUMBERING OF numbering of: STREETS 5.1 A housing development at Moyola Road/ PN107/2/2004 Broagh Road, Castledawson for Pat Devine Homes Limited. The developer had suggested that (a) that Private Road 8 leading out into Boagh Road be named ‘Broagh Village Mews’ and Road 9 leading out into Broagh Road be named ‘Broagh Village Lane’ .

5.1.1 On consideration it was

PROPOSED by Councillor O T Hughes, Seconded by Councillor J A McBride, and

RESOLVED: that the Council adopt the name ‘Broagh Village Mews’ for Private Road 8 leading out into Broagh Road and ‘Broagh Village Lane’ for Road 9 leading out into Broagh Road, Castledawson.

PN106/2/2004 5.2 A second request was brought forward by Mr Glendinning in the name of Mr Stephen McCrea for the naming of a road leading to his new house, off Queen’s Avenue, Magherafelt be named “Queens Way”.

5.2.1 Councillor Rev Dr R T Wm McCrea declared an interest.

5.2.2 On consideration it was

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

RESOLVED: that the Council adopt the name “Queens Way” for the road leading off Queen’s Avenue, Magherafelt to Mr Stephen McCrea’s new home and that his address would be 2 Queens Way, Magherafelt.

6. ENTERTAINMENT Submitted the following applications for LICENCES Entertainment Licences which were in order and recommended for renewal:

E. 2 Moyola Park Football Club 16 Main Street, Castledawson – Mr William Lennox E. 13 Newbridge Youth Club Blackpark Road, Newbridge – Mr Jim Murphy E. 17 St Mary’s Hall Tamlaghtduff Park, Bellaghy – Rev A Dolan E. 50 The Thatch Bar 116 Hillhead Road, Castledawson – Mr Joe McLarnon E. 65 Woods Parish Hall Caraloon Road, Magherafelt – The Rector and Select Vestry

E.141 Meadowbank Recreation Centre Ballyronan Road, Magherafelt – Magherafelt District Council E.145 Fairhill Snooker Club 17 Hall Street, Maghera – Mr Niall Regan

6.1 It was

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

RESOLVED: that the applications as submitted be renewed.

7. STREET TRADING Submitted the following application for a Street LICENCE Trading Licence which was in order and recommended for renewal:

ST 38 Mr Paul Singh 10 Chichester Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

7.1 On consideration it was

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

RESOLVED: that the application as submitted be renewed.

8. CINEMATOGRAPHIC Submitted an application for a Cinematographic LICENCE for the following premise which was in order and recommended for renewal:

C.2 The Movie House 51 St Lurach’s Road, Maghera

8.1 On consideration it was

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

RESOLVED: that the application as submitted be renewed.

9. REGISTRATION OF The following applications were received for the CLUBS Registration of Clubs under the Registration of Clubs (NI) Order 1996:

SC.1 Draperstown Snooker Club SC.2 Magherafelt District Recreation and Social Club

Noted.

10. VENUE FOR CIVIL The following application was received for MARRIAGES approval as a venue for civil marriages:

Walsh’s Hotel, 53 Main Street, Maghera

10.1 On consideration it was

PROPOSED by Councillor J A McBride Seconded by Councillor H E Mullan, and

RESOLVED: to approve Walsh’s Hotel, Maghera as a venue for civil marriages, subject to a satisfactory Police report and no objections.

11. PLANNING SERVICE Submitted the Divisional Planning Service’s report dated 10 February 2004 (copy circulated to each 185/2/2004 Member).

11.1 The Chief Executive advised the Members that the Planning Officers were still operating a “work to rule” policy and therefore were absent from the Council meeting. The Planning Officers would still attend site meetings.

11.2 New Applications: Members agreed that the same procedure as used in the previous month continue, that is, that the Planning Service issue a certificate of approval for applications 1 – 87 with the exception of the following:

No. 2 H/2003/0292/F No. 4 H/2003/0706/F No. 5 H/2003/0774/F No.16 H/2003/1007/F No.41 H/2003/0467/O No.44 H/2003/0666/O

There were objections to each of these applications and they should be held for one week following the Council Meeting in order to allow the Councillor/s concerned time to contact the Planners and discuss the problem in an attempt to resolve the issue. Where the issue was resolved the relevant approval could then be issued. If the matter could not be resolved the application would be deferred for further consideration.

Councillor P E Groogan declared an interest in application H/2003/0876/F – Moneyneena & District Development Group.

11.3 Applications where the Opinion is Refusal:

H/1999/0283 – R Hogg & Sons Deferred for one month on the request of Councillor G C Shiels.

H/2002/1173/F – F P McCann Deferred. Site meeting to be arranged. Councillor R A Montgomery stated that Wednesday 18 February was not a suitable date for the applicant’s agent therefore the site meeting would have to be held on an alternative date. It was further requested that the Divisional Planning Manager, Mrs Helena O’Toole attend the site meeting. Councillors G C Shiels and R A Montgomery to attend the site meeting.

H/2003/0162/F – Mr J Gallagher Deferred. Site meeting to be arranged for Tuesday, 14 February 2004 at 10.45 am. Councillor J A McBride to attend.

H/2003/0826/F – Thompson Developments Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0872/F – Mr B McGuigan Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 3.00 pm. Councillor P E Groogan to attend.

H/2003/0882/F – Jessica McGarry & Stephen Moon Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 11.15 am. Councillors G C Shiels and T J Catherwood to attend.

H/2003/0893/F – Mr H Heaney Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 9.30 am. Councillors P H McErlean and O T Hughes to attend.

H/2003/0903/F – Mr M Wilson Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 11.00 am. Councillor G C Shiels to attend.

H/2003/1165/F – J Heron Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 11.00 am. Councillor P E Groogan to attend.

H/2003/1166/F – Hillcrest Homes Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 11.30 a.m. It was requested that the Divisional Planning Manager, Mrs Helena O’Toole attend the site meeting. Councillors O T Hughes, R A Montgomery and P E Groogan attend the site meeting.

H/2003/1185/F – A Booth Deferred for possible office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1257/F – Mr D Young Deferred for one month.

H/2003/0580/O – T A McGoldrick Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 9.45 am. Councillors O T Hughes, P H McErlean and J P O’Neill to attend.

H/2003/0671/O – Mr P Duggan Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 10.30 am. Councillor G C Shiels to attend.

H/2003/0719/O – Mr J Kearney Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 1.45 pm. Councillors J F Kerr and H E Mullan to attend.

H/2003/0734/O – Mr M Davidson Deferred. Site meeting to be arranged for Tuesday, 24 February 2004 at 2.15 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0757/O – Mr J Wilkinson Deferred. Site meeting to be arranged for Tuesday, 24 February 2004 at 11.30 am Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0769/O – S Dougan Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 10.30 am. Councillor S O’Brien to attend.

H/2003/0835/O – M Birt Deferred. Site meeting to be arranged for Tuesday, 24 February 2004 at 1.45 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0847/O – Mr M McGurk Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 1.30 pm. The Chairman, Councillor Miss K A Lagan and Councillor P E Groogan to attend.

H/2003/0848/O – Mr W Bradley Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 11.45 am. The Chairman, Councillor Miss K A Lagan to attend.

H/2003/0852/O – J McCann Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 11.00 am. Councillor O T Hughes to attend.

H/2003/0854/O – Mr G McCann Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 9.30 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0857/O – Mrs C Johnstone Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 1.15 pm. Councillors T J Catherwood, R A Montgomery and Rev Dr R T Wm McCrea to attend.

H/2003/0861/O – C Molloy Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 1.45 pm. Councillors J F Kerr and P E Groogan to attend.

H/2003/0862/O – Mr S Gribben Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 10.00 am. The Chairman, Councillor Miss K A Lagan and Councillors J A McBride and O T Hughes to attend.

H/2003/0865/O – Mr & Mrs McCombe Councillor T J Catherwood requested three weeks to withdraw or refusal issued.

H/2003/0870/O – Mr D Trolan Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 10.30 am. Councillor J A McBride to attend.

H/2003/0878/O – Mr W J McCaughern Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 11.45 am. Councillors T J Catherwood and Rev Dr R T Wm McCrea to attend.

H/2003/0881/O – Mr L Madden Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 10.15 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0883/O – Ms Mulholland Deferred. Site meeting to be arranged for Wednesday, 18 February 2004 at 10.00 am. Councillor P H McErlean to attend.

H/2003/0887/O – Mr T Kennedy Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 12 noon. Councillor J A McBride to attend.

H/2003/0890/O – Mr S O’Hagan Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 2.30 pm. Councillor P E Groogan to attend.

H/2003/0901/O – Mr M Smyth Deferred. Site meeting to be arranged for Tuesday, 24 February 2004 at 3.00 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0908/O- H & T McGlone Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 1.15 pm. Councillor J A McBride to attend.

H/2003/0920/O – Mr C McMullan Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 10.00 am. Councillors O T Hughes and P E Groogan to attend.

H/2003/0925/O – Dr N Evans Deferred. Site meeting to be arranged for Tuesday, 24 February 2004 at 3.30 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/0928/O – Mr P Donnelly Deferred. Site meeting to be arranged for Wednesday 18 February 2004 at 1.15 pm. The Chairman, Councillor Miss K A Lagan and Councillor J F Kerr to attend.

H/2003/0929/O – Mrs J Mullan Deferred. Site meeting to be arranged for Monday, 23 February 2004 at 12.15 pm. The Chairman, Councillor Miss K A Lagan to attend.

H/2003/0932/O – Mr C Young Deferred. Site meeting to be arranged for Friday, 20 February 2004 at 11.30 am. Councillors S O’Brien and J A McBride to attend.

H/2003/0942/O – Mr E McCloskey Deferred. Site meeting to be arranged for Tuesday, 17 February 2004 at 2.00 pm. The Chairman, Councillor Miss K A Lagan to attend.

H/2003/0953/O – Mr & Mrs M Brown Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0956/O – S Arrell Deferred for one month on the request of Councillor P McLean.

11.4 Applications Deferred from Previous Meeting:

H/2002/0805/F – F P McCann Deferred for one month on the request of Councillor G C Shiels.

H/2002/0984/F – Mr Philip & Diane Dripps Refused.

H/2002/1150/O – Mr D Laverty Deferred for one month on the request of Councillor J A McBride.

H/2003/0130/O & H/2003/0158/O – Planning Direct Limited Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0217/F – Mr J Downey Deferred on the request of Councillor P H McErlean.

H/2003/0224/O & H/2003/0230/O – Mr H Nugent Deferred on the request of Councillor P E Groogan.

H/2003/0252/O – Mr A Mawhinney Deferred for one month on the request of Councillor P H McErlean.

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

H/2003/0430/O – S O’Hagan Deferred for one month on the request of Councillor J A McBride.

H/2003/0488/F – Mr L McNally Approval.

H/2003/0507/O – Mr N Gibson Approval.

H/2003/0510/O – Mr I Eakin Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea for a possible Management Board referral.

H/2003/0512/F – Mr & Mrs McAuley Approval.

H/2003/0553/O – Mr J Andrews Approval.

H/2003/0588/O – Mrs M Higgins Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

H/2003/0599/O – S Hagan Approval.

H/2003/0611/O – Sean & Eamon Garvin Deferred for an office meeting on the request of Councillor S O’Brien.

H/2003/0659/O – Mr P McAllister Councillor O T Hughes requested three weeks to withdraw or refusal issued.

H/2003/0665/O – Mr J McGurk Deferred on the request of Councillor Rev Dr R T Wm McCrea for an office meeting.

H/2003/0667/O – W White Approval.

H/2003/0700/O – Mr C McCarroll Approval.

H/2003/0717/O – Ms A Duggan Approval.

H/2003/0721/O – Mrs K Bleaks Deferred on the request of Councillor Rev Dr R T Wm McCrea for an office meeting.

H/2003/0737/O – Y Henry Approval.

H/2003/0742/O – Mr V Conway Deferred on the request of Councillor P E Groogan for an office meeting.

H/2003/0746/O – J Blair Deferred on the request of Councillor O T Hughes for an office meeting.

H/2003/0753/O – Mr J McCloy Approval.

H/2003/0779/O – Mr P McLaughlin Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan and Councillor O T Hughes.

H/2003/0802/O – Mr A Brooks Deferred on the request of the Chairman, Councillor Miss K A Lagan for an office meeting.

H/2003/0809/O – Mr O Young Deferred for one month on the request of Councillor O T Hughes.

H/2003/0815/O – Mr L Lagan Deferred for one month on the request of the Chairman, Councillor Miss K A Lagan.

11.5 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 10 February 2004 subject to the above conditions and amendments.

12. PLANNING APPEALS Submitted Bulletins prepared by the Planning COMMISSION Appeals Commission for the months of November and December 2003. The Chief Executive advised 218/2/2004 that there was one application from the Magherafelt District in the November Bulletin and three applications in the December Bulletin.

12.1 Application H/2002/0734/O – dwelling and garage for Mr D Moore on a site adjacent to 24 Ballymaguigan Road, Magherafelt.

The Planning Commission agreed that the effect of the proposal on landscape and rural character, the issues raised by the three reasons for refusal, largely depended upon retention of the remaining vegetation between the appeal site and Ballymaguigan Road. The Commission in conclusion did not find whether the appellant had control over existing roadside vegetation to be critical but nonetheless found the three reasons for refusal to have been sustained. The appeal was therefore dismissed.

Noted.

12.2 Application H/2002/1011/O – dwelling and garage for Mr S Ward, 2 Jackson Drive, Gulladuff Road, Magherafelt.

The Planning Appeals Commission agreed that the proposal would be obvious beyond the existing built-up area of Gulladuff and would mar the distinction between the settlement and the rural area. In the absence of a publicly agreed settlement limit to Gulladuff, the policy test to consider the principle of the access was not clear. The imposition of a negative condition would resolve the issue of a satisfactory access. Accordingly, the third and fourth reasons for refusal had not been sustained.

The appeal was dismissed.

Noted.

12.3 Application H/2002/0785/O – dwelling for Mr S Murphy, Bancran Road, 100m North- West of 72 Glengomna Road, Draperstown.

The Planning Appeal’s Commission allowed this appeal subject to conditions.

12.4 Application H/2002/0250/O – dwelling and garage for Mr S Ward, 50m South-West of 3 Meadow Villas, Gulladuff Road, Magherafelt.

The Planning Appeals Commission agreed that the proposal would be obvious beyond the existing built-up area of Gulladuff and would mar the distinction between the settlement and the rural area. The Commission accept the assessment that, in views from Meadow Villas, existing vegetation and topography was inadequate to ensure satisfactory integration.

The Commission, therefore, agreed that the draft reasons for refusal had been sustained. The appeal was dismissed. Noted.

13. GENERAL PURPOSE It was AND FINANCE COMMITTEE PROPOSED by Councillor J F Kerr, Seconded by Councillor P E Groogan, and 2/2004 RESOLVED: that the Minutes of the General Purpose and Finance Committee of the Council held on Wednesday, 28 January 2004 (copy circulated to each Member) be taken as read and signed as correct.

13.1 Matters Arising The Chief Executive outlined each item discussed and the resolutions and recommendations made at the meeting.

13.2 2004/2005 Rate Estimates The Chief Executive referred to the Reconciliation of Increase in Estimated Net Expenditure and the Provisional Estimates schedules (circulated to each Member) detailing the areas of increase and decrease.

He advised that the recommended that the domestic rate for 2004/2005 was 111.22p, an increase of 6.25p which was equivalent to 5.95%. He said that the major increases in the proposed expenditure related to:

Recycling:

Disposal of Blue & Green Waste 162,000 4.39p} Brown Bin Lorry 59,000 1.60p} 7.34p Enforcement Officer 20,000 0.54p} Environmental Projects Officer 30,000 0.81p

Other:

Landfill Tax 25,000 0.68p Effect of pay increase (3.5%) 110,000 2.98p Councillors’ Allowances 72,000 1.95p Sports Development Officer 25,000 0.68p Insurance 54,000 1.46p Waste Management grant (110,000) (2.98p) Increase in Waster Disposal Charges (43,000) (1.16p)

The Chief Executive further explained that the General Exchequer Grant would be an absolute amount (£2,108,740) and would no longer be a percentage of the total expenditure. The Council would have to strike its rate to take account of the fact that the General Exchequer Grant was effectively copped.

Councillor Rev Dr R T Wm McCrea commented that the new formula for the calculation of General Exchequer Grant was indeed a significant change from the old method.

The Chief Executive went on to that skip hire charges were directly relevant to the rates and advised the Members that Mr Johnston had given a detailed commentary on this issue to both Committees. The Chief Executive summarised by explaining that there had been for many years a fixed charge for the hire of a skip irrespective of the weight of waste it contained. However, with changing legislation and rising waste disposal charges (currently approximately £40 per tonne) it was no longer appropriate to charge commercial customers in particular, a relatively low fixed disposal charge per skip.

The officers felt that the issue could only be addressed by the introduction of a system whereby every skip was weighed, either at the point of collection if serviced by the Big-Bite Vehicles or at the Waste Disposal Site Weighbridge, if serviced by the normal Lug Loader Skip Vehicle.

The customer would then be charged for the hire of the skip itself plus a charge based on the actual weight of waste contained in the skip. The officers had recommended that from 1 April 2004 commercial skip hire charges would be - the hire of the skip itself, plus a charge based on the weight of waste, plus landfill tax, and VAT and the customer would be invoiced accordingly.

Mr Johnston had further explained that the officers did not believe that private skip hire charges were as inappropriate as commercial skip hire charges. This was because the private skips generally contained much less waste than commercial skips. He felt that it would be appropriate to maintain the current system subject to the private customer paying a skip hire charge in advance which would be based on the “average” weight of waste (currently approximately 1.5 tonnes). However the private customer would sign an agreement to pay the additional disposal costs plus Landfill Tax and VAT if the actual weight of waste in the skip exceeded the figure deemed to be the average weight of waste. In such circumstances the private customer would be invoiced for the outstanding balance.

13.3 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: to adopt the recommendations of the General Purpose and Finance Committee for items 4-8 of the Minutes.

14. RECREATION AND It was TOURIST COMMITTEE PROPOSED by Councillor R A Montgomery, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Minutes of the Recreation and Tourist Committee of the Council held on Wednesday, 28 January 2004 (copy circulated to each Member) be taken as read and signed as correct.

14.1 Matters Arising: The Chief Executive outlined each item discussed and the recommendations made at the meeting.

14.2 On consideration it was

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

RESOLVED: to adopt the recommendations of the Recreation and Tourist Committee for items 3-8 of the Minutes.

15. 2003/2004 RATE 15.1 Group Estimates ESTIMATES Submitted the Group Estimates for 2004/2005 from the North Eastern Group of Councils, Building Control Service and Northern Group Systems (Environmental Health) circulated to each Member.

15.2 It was

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

RESOLVED: that the Council

(a) Approve the Estimates for 2004/2005 (including Building Control and Environmental Health Group Estimates);

(b) Authorise the Expenditure; and

Several Members congratulated the officers on the presentation of the estimates and on their efforts to keep a firm control over spending. It was felt that a good balance had been struck and the rates increase would compare well with the increases likely to be imposed by other Councils.

16. ENVIRONMENTAL Submitted report for the month of January 2004 HEALTH (copy circulated to each Member). The following DEPARTMENT matters were taken into consideration:-

196/2/2004 16.1 The Pollution Control and Local Government (NI) Order 1978

Alleged Noise Disturbance Arising from rear of property at No.19 Fair Hill, Maghera BT46 5AY

Mr Burrows stated that the report had been compiled for Magherafelt District Council as a result of noise complaints from residents of two domestic properties situated at Nos. 8 and 9 Fairhill Park, Maghera. The source of the complaint was noise arising from roosters which were kept at the rear of property No.19 Fair Hill, Maghera which lay adjacent to both the complainants’ properties.

16.1.1 The complainants stated that they were disturbed by noise arising from the roosters during the early morning and during the day. This had resulted in sleep disturbance and loss of enjoyment of use of the outdoor living areas to both properties.

16.1.2 Noise monitoring undertaken at the complainants’ properties indicated that the noise complained of consisted of the crowing of roosters from before dawn (from as early as 4.15 am) and thereafter throughout the day. At the time the rooster pens were visited, livestock consisted of 7 roosters, 7 hens and a number of chicks.

16.1.3 The complainants’ properties were situated in a cul-de-sac of semi-detached two-storey dwellings and were accessed from Fair Hill. This area lies close to the centre of Maghera. It consists of a mix of residential properties backed unto by commercial premises. The roosters were kept in pens at the rear of the back garden of No.19 Fair Hill.

16.1.4 Mr Burrows pointed out that Article 38 (1) of the Pollution Control and Local Government (Northern Ireland) Order 1978 provides that where a District Council is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, the Council shall serve a notice on the person responsible.

16.1.5 Mr Burrows outlined the early morning monitoring carried out by a member of his staff. He referred to the various tables which showed that the roosters were the cause of significant levels of crowing and noise.

16.1.6 The Environmental Health Department compared the measured noise levels against the guideline values for community noise in specific environments specified in the World Health Organisation document ‘Guidelines for Community Noise 1999’ Mr Burrows said that Table 1 of this document recommended that inside bedrooms in order to prevent sleep disturbance that the noise level should not exceed 30dB Laeq,t. The document also stated that ‘for a good sleep, it is believed that indoor sound pressure levels should not exceed approximately 45 dB Lamax more than 10-15 times per night (Vallet and Vernet 1991).

16.1.7 Mr Burrows said that when assessing nuisance the Environmental Health Department was guided by case law which had established the principles against which nuisance was determined. The department considered how the noise materially interferes with personal comfort; the frequency and duration of the noise, the steps that have been taken to prevent the noise and how the measured level of noise compared with recorded standards.

16.1.8 Mr Burrows stated that two monitoring sessions were carried out in the front bedroom of No.8 Fairhill Park The first session comprised a total of 30 minutes measurement period. No examples of instantaneous SPL levels of 45 dBA or more were recorded. A second monitoring session comprised a total of 30 minutes and during this period in which 131 crows were noted, there were no examples of instantaneous SPL levels of 45 dBA or above.

16.1.9 Mr Burrows stated that from the data collected, it was apparent that noise nuisance existed in the rear bedroom of No.9 Fairhill Park, Maghera. The figures obtained from monitoring were in excess of those set out in WHO Guidelines.

16.1.10 As the sound pressure levels obtained in the front bedroom of No.9 Fairhill Park and in the front bedroom of No.8 Fairhill Park were less than those set out in the WHO Guidelines, the Environmental Health Department could not substantiate the existence of a noise nuisance in these locations during the hours of 11 pm and 7 am, despite the fact that the rooster crowing could be heard distinctly in both locations.

16.1.11 Mr Burrows added that the complainants had stated that the crowing of the roosters adversely affected their enjoyment of outdoor living areas. Monitoring was carried out in the rear garden of No.9 Fairhill Park, which was the closest of the complainants’ dwellings to the rooster pens. The average noise level recorded, the equivalent continuous sound pressure level (LaeqT) at this property was compared to the WHO recommended standards for outdoor living areas.

The WHO recommended that in order to prevent moderate annoyance during the daytime and evening in outdoor living areas the LaeqT should not exceed 50 dB LaeqT, and to avoid serious annoyance the LaeqT should not exceed 55 dB LaeqT.

16.1.12 Mr Burrows said that the results illustrated that the level of 45 dB LaeqT was reached during both measurement periods despite the fact that in one case the roosters were crowing and in the other they were not. The noise climate mainly consisted of road traffic noise and general work activities in the area.

16.1.13 Given the results, Mr Burrows said that the department was of the opinion that the existence of a statutory nuisance with respect to daytime noise could not be substantiated.

16.1.14 In conclusion, Mr Burrows considered that there was ample evidence (objective, subjective and duration) to establish beyond a reasonable doubt the existence of a statutory nuisance in the rear bedroom of No.9 Fairhill Park, Maghera during the night time and early morning due to the crowing of the roosters penned at the rear of No.19 Fairhill, Maghera. This finding was supported by the contentions of the complainants.

16.1.15 The owner of the roosters had been approached with the view to achieving an informal satisfactory resolution to the issue. He replied through his solicitor that he had no proposals to make to the Environmental Health Department.

16.1.16 Mr Burrows said that the noise was actionable under Article 38(1) of the Pollution Control and Local Government (NI) Order 1978.

16.1.17 Mr Burrows recommended that the Council serve a noise abatement and prohibition notice on the owner of the roosters under Article 38 of the Pollution Control and Local Government (Northern Ireland) Order 1978 in respect of the night time and early morning nuisance occurring at No.9 Fairhill Park, Maghera.

16.1.18 Councillor Rev Dr R T Wm McCrea commented that there was a serious side to this problem. Whilst the roosters could not be silenced the owner could not be allowed to disturb the sleep of neighbours. The Council had to fulfil its obligations and serve a noise abatement and prohibition notice on the owner of the roosters.

16.1.19 Councillor J Junkin enquired if the department had offered any help or advise to the owner of the roosters.

16.1.20 In reply, Mr Burrows said the officer had not given any advice to the owner of the roosters on how to deal with this problem.

16.1.21 Councillor Junkin spoke of his own experience in the poultry business and said that he noted there were just a few free-range roosters. He suggested that a well insulated hen-house would remedy the early morning crowing.

16.1.22 Councillor J F Kerr spoke of the number of recent complaints he had received from residents in Maghera about dogs barking at night.

16.1.23 The Chairman, Councillor Miss K A Lagan referred to noise levels created by barley- bangers which went off regularly during the day and night.

16.1.24 Mr Burrows said that there was a Code of Good Practice that barley guns should not operate between 11.00 pm and 7.00 am.

16.1.25 Councillor Rev McCrea reminded the meeting that people within the Maghera community were having problems and Councillors had received complaints. He said that it saddened him when there were differences within a small community.

16.1.26 It was

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

RESOLVED: that the Council serve a Noise Abatement and Prohibition Notice on the owner of the roosters under Article 38 of the Pollution Control and Local Government (Northern Ireland) Order 1978 in respect of the night time and early morning noise nuisance occurring at No.9 Fairhill Park, Maghera.

16.2 Public Health (Ireland) Act 1978 Mr Burrows advised that an application had been received from Mr Kevin Morgan , 23 Glen Road, Coalisland, landlord to have a dwelling at 22 Duntibryan Road, Tobermore inspected.

16.2.1 An inspection of the property revealed that the following matters were considered prejudicial to the health of occupants of the dwelling:

Penetrating dampness to the dwelling via decayed and ill-fitting windows to the sitting room, living room and front bedroom.

16.2.2 Mr Burrows recommended that the Council consider issuing a Statutory Abatement Noitce on the owner requiring him to carry out the following remedial work within six months:

Replace the windows to the sitting room, living room and front bedroom

16.2.3 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council issue a Statutory Abatement Notice on the owner requiring him to carry out the recommended remedial work within six months.

16.3 Industrial Pollution Control (NI) Order 1997

(a) Variation of Authorisation: Mr Burrows advised that a draft of the Variation Notice and schedules which detailed the changes to Creagh Concrete Products’ existing IPC authorisation was currently with the firm for consideration. When agreed, the varied authorisation would replace the current one, and would form the basis upon which enforcement action, if required, would be taken.

16.3.1 Councillor Rev Dr R T Wm McCrea questioned as to what the variation notice and schedules were.

16.3.2 Mr Burrows stated that the schedules were approximately twenty pages long.

16.3.3 Councillor Rev McCrea asked if they established something more rigid or less rigid.

16.3.4 Mr Burrows explained that the schedules required more rigid changes. In accordance with Government legislation the company had had seven years to work up to the conditions and get them right. There was quite a lot of work to be carried out.

16.3.5 Councillor Rev McCrea then asked when he would find out about the variation and what was in it.

16.3.6 Mr Burrows explained that if the company did not agree then a Notice was served and they could appeal to the department.

16.3.7 Councillor Rev McCrea said that the upgrading was to be completed by 31 December, 2003.

16.3.8 Mr Burrows explained that the Variation Notice would set more stringent conditions on methods of plant operation.

16.3.9 Councillor R A Montgomery referred to Mr Burrow’s comment that when the company agreed, what length of time would it be allowed, would it be indefinite.

16.3.10 Mr Burrows said that it would be within the next few weeks and that he would be reporting back to the Council at its next meeting.

16.3.11 Councillor Rev McCrea queried the phrase when agreed.

16.3.12 Mr Burrows said that the firm had the right to appeal to the department against any condition imposed. The department would judge whether or not any such condition was reasonable given the standards required.

16.3.13 Several Members queried the length of time they had to agree, the service of the Notice and how long the firm had to do the work.

16.3.14 Mr Burrows said that he would have to find out how long.

16.3.15 Councillor J F Kerr said that the matter would not be resolved overnight. He asked if the firm did not agree would an appeal be enforced.

16.3.16 Mr Burrows stated that from the information he had received the company had plans to comply with the Variation Notice and had been investigating the costs.

16.3.17 Councillor Rev McCrea said that he could not quite understand that whilst the company was dealing with the issue of noise they purchased new machinery which created more noise and was heavier than what was already on site to keep abreast to the situation.

16.3.18 The Chairman, Councillor Miss K A Lagan stated that the residents were living with the reality of the situation and little was happening to alleviate their problem.

16.4 (b) Dust monitoring: Mr Burrows advised that the Public Analyst had reported on samples of dust gathered by a directional dust guage positioned in a field mid- way between a boundary wall of Creagh Concrete and the dwelling at No.20 Blackpark Road.

The analyst’s opinion was that higher levels of mineral matter, calcium and pH in the samples collected from funnels orientated in the direction of the factory did seem to point towards the factory being the source of the problem with some degree of certainty, but further concluded that the results illustrated small differences in small absolute amounts.

16.4.1 The analyst further commented that the placing of a deposit guage should be considered to provide information on the absolute quantity of dust deposited. The department was currently in the process of sourcing such a piece of equipment.

16.4.2 Mr Burrows explained that there were four collection points from which the samples were taken.

16.4.3 Several Members queried how these samples could be more accurately analysed.

16.4.4 Mr Burrows explained that a dust deposit guage was required and his department were actively sourcing such a piece of equipment.

16.4.5 Members felt that the problem of dust should be minimised and questioned if dust was dangerous.

16.4.6 Mr Burrows said that he was not aware of any danger.

16.4.7 Councillor Rev McCrea said that the samples of dust taken confirmed that the concrete firm was in question but the community needed to know if this dust was harmful. An answer was required. People needed to know if it was safe for their children to play outside near the factory.

16.4.8 The Chairman said that the size of the particles and the consistency were obvious things which required clarity. Everyone wanted to know was this dust harmful.

16.4.9 Mr Burrows said that he would endeavour to find the necessary equipment and find out if this dust was harmful.

16.5 It was

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

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

Councillors J J McPeake and S O’Brien joined the meeting at 9.00 pm.

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

322/2/2004 Development Services:

17.1 Sperrins Tourist Limited Mr Johnston reported that Sperrins Tourism Marketing Committee at its meeting of Monday, 2 February 2004 had elected Mr James McGarvey (Cookstown District Council) as Chairman, and Mrs Anne Clyde (Community Sector, Garvagh) as Vice-Chairman.

17.1.1 At this meeting the Marketing Officer for Sperrins Tourism Limited highlighted measure 1.18 of the NRRTI funding programme, that is “Introduce a Central Booking System for Activity and Special Interest Packages”.

The marketing officer reported that there was £115,000 available for this project and it would be a self-application for Sperrins Tourism. Part A of the application form had already been submitted and Part B must be submitted by 31 March 2004. It had been agreed to hold workshops with the trade during February and report back to the Committee.

17.1.2 Mr Johnston confirmed that Mr Browne, the Council’s Development Officer had expressed concerns at the meeting regarding the workload with this project and the timescale for completing Part B of the application form. His opinion was rejected by the Committee and it was agreed that Sperrins Tourism had the resources to carry out this project in-house. Noted.

Community Relations:

17.2 Wave Trauma Mr Johnston reported that the Wave Trauma support worker had resigned from his post in Magherafelt. The work which he had started in the Magherafelt area would still be continued from the Wave Trauma office in Ballymoney.

Noted.

17.3 Oakleaf Rural Community Network Mr Johnston reported that the Senior Development Officer in Magherafelt had resigned from his post.

Noted.

17.4 Magherafelt and District Disability Forum Mr Johnston reported that the local Disability Forum had now employed a Disability Officer.

Noted.

17.5 Cookstown and Magherafelt Volunteer Bureau Mr Johnston stated that Cookstown and Magherafelt Volunteer Bureau had secured funding and proposed to employ an Outreach Officer.

Noted.

17.6 Joe Dolan Concert Mr Johnston advised that the Joe Dolan Concert which had been postponed last year because of the singer’s illness had been rearranged to take place on Friday 20 February 2004 in the Greenvale Leisure Centre commencing at 8.00 pm.

Noted.

17.7 Magherafelt and District May Festival Mr Johnston advised that the annual festival would take place from Friday 21 May to Saturday 29 May 2004.

Noted.

17.8 Local Health and Social Care Group Mr Johnston drew attention to the update in his report on grants received by groups in the Magherafelt area from the local Health and Social Care Group which was based in the Manor House, Moneymore. Noted.

17.9 Creating Common Ground Project in Castledawson Mr Johnston advised that approximately £50,000 of NOF funding had been ear-marked for Riverside North, Riverside South, Parker Avenue and Parkview, Castledawson to create an environmental walk along the Moyola River.

Noted.

17.10 Mr Johnston also drew attention to the list in his report of other groups which had received New Opportunities Funding for projects in the Magherafelt area.

17.10 Magherafelt and Maghera CCTV Cameras Mr Johnston also drew attention to the progress report given on the Magherafelt and Maghera CCTV cameras. Noted.

Leisure Services:

17.11 Mr Johnston reported that the total income for Leisure Services had increased by 39% when compared to January 2003. Overall the centres performed well with only Meadowbank Recreation Centre recording a decrease.

17.12 Mr Johnston drew the Members’ attention to Page 6, paragraph 2 in his report, which stated that ‘Dimensions’ had showed an encouraging increase of 17% in income despite a 2% drop in membership. This was one of the main areas under review and alternative methods of selling Membership had been investigated. He reported that it had come to their attention that Ballymoney Council had over 700 members and therefore they had visited the Joey Dunlop Centre in Ballymoney, on Friday, 16 January, to access their arrangements for selling and managing memberships.

They operated what was basically a partnership with the private sector, that is the private sector provided a full-time Adviser on site and shared profits after an agreed level of income was reached. The visit was followed-up with a meeting with this organisation and the officers were now waiting for their initial proposals/business plan on how they would promote this Council’s centres. The Council would be advised further in due course. Noted.

17.13 Mr Johnston referred to Page 6, paragraph 4 on his report when he advised that The Northern Partnership for Physical Activity met on Tuesday 13 January 2004 at Mossley Mill, Newtownabbey. At this meeting it was proposed that the G.P. Referral Pilot Schemes should be extended to encompass pharmacy based “Smoking Cessation Groups” with pharmacists having the authority to refer customers to the Council’s Leisure Centres.

17.13.1 Mr Johnston said that the officers had concerns regarding this proposal. This project was part funded by the Northern Partnership for Physical Activity but it was also subsidised by the Council. He stated that the officers basically agreed with the principal of G.P. referrals but if the powers of referral were extended to chemists this prompted the question where it would end. Why not grant the power of referral to dentists, injury clinics, sports coaches, social workers, etc. Mr Johnston recommended that the Council should continue to support the G.P. Pilot Referral Scheme and that only G.P’s should have the authority to refer patients to the Council’s Leisure Centres under this scheme.

17.13.2 Mr Johnston said that if pharmacists or others wished to refer customers/smokers to the G.P’s to be considered for referral that was acceptable, but it should only be G.P’s themselves who should have the authority to make referrals under the pilot scheme.

17.13.3 On consideration it was

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

RESOLVED: that the Council continues to support the G.P. Pilot Referral Scheme and that only G.P’s should have the only authority to refer patients to the Council’s Leisure Centres under the G.P. Referral Pilot Scheme.

17.14 Mr Johnston said that the remainder of the Leisure Services report was for information. . Technical Services:

17.15 Mr Johnston reported on acts of vandalism, unofficial dumping, abandoned vehicles, fallen animals and bulky household collections.

17.16 Removal of Snow and Ice from Town Centre Footways and Pedestrian Access Mr Johnston reminded Members that in December 2000 following prolonged periods of frost and freezing temperatures, the Department of Rural Development submitted proposals whereby Council staff would remove snow and ice from town centre footways and pedestrian areas. The proposals were rejected by the Council following the legal opinion, that the proposed agreement (drawn up by the Department) did not indemnify the Council against potential claims, etc. He advised that the Department and NILGA had again raised the matter and in fact the Department had now submitted proposals already endorsed by NILGA for what they described as a partnership agreement for the removal of snow and ice from these areas. He confirmed that he had again requested the Council’s legal adviser to comment on these new proposals and reported that he was still awaiting a response.

Noted.

17.17 Bus Shelters Mr Johnston informed the Members that requests had been received from Councillors to erect bus shelters on the

• Carmean Road, Gulladuff (at Gulladuff Road junction)

32 and two on the

• Mullaghboy Road, Bellaghy (at Tamlaghtduff Road junction) • Mullaghboy Road, Bellaghy (at St Mary’s Primary School)

He confirmed that at least 7-8 children used these bus stops, and in order to progress these requests site meetings had been arranged with Ulsterbus and the Department of Rural Development. Mr Johnston recommended that if Ulsterbus and DRD Roads Service agreed to the sites, the Council should erect bus shelters at these locations.

17.17.1 On consideration it was

PROPOSED by Councillor O T Hughes, Seconded by Councillor S O’Brien, and

RESOLVED: that if Ulsterbus and the Department of Rural Development, Roads Service agreed to bus shelters being erected on the proposed sites, then the Council erect bus shelter at these locations.

17.18 Ulster in Bloom Competition Mr Johnston advised that the organisers of the event had again requested the Council to enter towns and villages in the 2004 competition. He reminded Members that in 2003 the Council entered Magherafelt, Castledawson, Tobermore, Swatragh, Upperlands, Knockoughrim, Desertmartin and Curran in the competition, all of which received favourable reports. He said the members would be aware that it was Council policy that towns and villages entered in this competition were enhanced by the provision of hanging baskets and that after much debate, it was agreed that the list of towns and villages entered last year was the limit of their resources. This meant that if any new town or village was proposed, a like for like town or village would have to be removed from the list. In light of the fact that existing brackets for baskets remained in the towns and villages entered last year, Mr Johnston said that it would greatly assist his department if the same towns and villages that were entered in the 2003 competition, were entered in the 2004 competition, and recommended this accordingly.

17.18.1 The Chairman, Councillor Miss K A Lagan pointed out that because of recent developments in the town Maghera had been omitted from the list and she felt it was a shame that the second largest town in the District was not included. She referred to the facts that the Mid- Ulster Garden Centre in Maghera had won the All Ireland Garden Centre Award, to which the Council was sending Congratulations, and pointed out that because of the developments Maghera had obtained more flowerbeds, etc. She felt that these were very good reasons to include Maghera in the list of towns and villages entered in the competition.

17.18.2 Councillors R A Montgomery and J F Kerr agreed.

17.18.3 Mr Johnston said that hanging baskets were a permanent feature in Magherafelt, Maghera and Draperstown, these three towns being seen as the commercial centres of the district. This being the case no additional hanging baskets would be required if Maghera was to be entered in the 2004 competition.

17.18.4 It was

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

RESOLVED: that Maghera town be included in the list of entries for the 2004 Ulster in Bloom Competition, and that the entries be: Magherafelt, Maghera, Castledawson, Tobermore, Swatragh, Upperlands,, Knockloughrim, Desertmartin and Curran.

17.19 Yellow Pages Recycling Mr Johnston said that the final item was a report on the Yellow Pages Recycling Competition. In total 27 schools took part and approximately 5,000 old Yellow Pages were collected for recycling. He said that this was an extremely successful annual competition and again schools throughout the District were to be congratulated for their hard work. As with any competition there had to be winners, however, every school would receive a letter thanking them for participating and a certificate to mark the number of directories the school collected.

17.19.1 The overall winners were:

- Drumard PS with 1,200 old YP’s - £300 - Tobermore PS with 545 old YP’s - £200 - Kilronan School with 372 old YP’s - £100

The officers felt that special praise must go to the staff and pupils of Drumard Primary School for collecting 1,200 old directories with only 60 pupils, averaging 20 directories per pupil.

17.20 It was

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

RESOLVED: that the report as submitted be adopted.

17.21 The Chairman, Councillor Miss K A Lagan stated that Mr Ken McLaughlin was the new Disability Officer for the Magherafelt District.

17.22 Councillor J A McBride referred to the vacancy in Oakleaf of a Senior Development Officer and trusted that someone of Ms Kate Ryder’s ability would be found to fill the post. He said that Oakleaf acted as an umbrella Group for all the development groups in the area. It provided a valuable service provided a good leader was found.

Councillor J F Kerr asked to be associated with Councillor McBride’s sentiments.

18. SCALE OF CHARGES Submitted schedule of revised Scale of Charges for Technical Services 2004/2005 (copy circulated to 693/2/2004 each Member).

18.1 Mr Johnston explained that the first item of the proposed charges was waste disposal. He stated that in the past this charge was based on the cost of providing the service plus landfill tax. He pointed out that last year for active waste the charge was £24 per tonne plus £14 landfill tax, a total of £38 per tonne. However, this year the cost of providing the service had risen substantially, to £41 per tonne. This figure reflected the usual rise in inflation, the requirements of having to implement ongoing legislation and the costs associated with the closure of the site. 35

Mr Johnston said that when you added £15 landfill tax to this figure the cost of disposal should be £56 per tonne. Mr Johnston stated that the cost of waste disposal basically affected all refuse collection and disposal services and therefore the felt that rather than move immediately to such a high figure the Council might wish to implement this charge in two stages. Mr Johnston recommended that the Council implement 50% of the increase on 1 April 2004, with a review carried out in September 2004 when the engineered part of the Council’s landfill site became fully operational.

18.1.1 Mr Johnston stated that the next major item was the skip service. The officers were proposing major changes, particularly for commercial skip hire. He pointed out that the proposed charge for casual skip hire basically reflected the increased cost of waste disposal but that commercial skip hire was now based on the cost of providing the service, that is the hire of the skip plus the weight of waste, plus landfill tax. He proposed £5 per week for the hire of the skip. This figure was based on recovering the cost of providing a skip (£750) over a three years period. The cost of providing a vehicle/driver, etc. to service a skip was calculated to be £35. The weight of waste would be determined by the onboard weighing system on the Big-bite skip vehicle or at the Landfill Site weighbridge and charged accordingly.

18.1.2 Mr Johnston said that the final issue was charges at civic amenity sites for commercial waste. He stated that this charge should also reflect the cost of providing the service. In reality this was not possible without weighbridge facilities at these sites. Mr Johnston, therefore, proposed an interim measure until this matter was resolved, basically to implement minor changes to try to adhere to legislation. He stated that in the past a car-boot and a single axle trailer were placed in the same category, however, customers were putting large sides on these small trailers and were bringing in a lot more waste than could be held in a car-boot. They had also found that a pick-up could not hold as much waste as a large van and so on. Based on their experience to date the officers were proposing a more realistic breakdown of what waste a particular vehicle could deliver to the Council’s civic amenity sites.

18.1.3 Mr Johnston stated that basically the three major changes were waste disposal, commercial skip hire and charges for commercial waste at the Council’s civic amenity sites. The remainder of the increases were inflationary. Mr Johnston recommended that the Council adopt the proposed scale of charges with a major review to take place in September 2004.

18.2 On consideration it was

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

RESOLVED: that the revised Scale of Charges be implemented as set out on the schedule from 1 April 2004 and be reviewed in September 2004 when the engineered part of the Council’s landfill site became fully operational.

19. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of February 2004 (copy circulated to each Member). 2/2004 19.1 The schedule provided for £469,008.22 out of the Revenue Account and £175,844.47 out of the Capital Account.

19.2 It was

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

RESOLVED: that the Statement of Accounts as submitted for February 2004 be approved.

20. FINANCIAL Consideration was given to the following letters of CONTRIBUTIONS request for financial contributions:

97/2/2004 20.1 Northern Ireland Ploughing Association 2004 World Ploughing Contest: Submitted letter dated 14 January 2004 from the Company Secretary, Northern Ireland Ploughing Association seeking financial support for the 51 st World Ploughing Contest which would attract competitors and visitors from 30 countries between 27 July and 6 September 2004 (copy circulated to each Member).

20.1.1 On consideration it was

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

RESOLVED: to make a contribution of £200.

20.2 Save the Children: Submitted a letter from the Chairperson seeking financial support to help the local committee raise funds to fight against hunger and poverty throughout the world (copy circulated to each Member).

20.2.1 On consideration it was

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

RESOLVED: to make a contribution of £200.

20.3 Magherafelt Highland and Country Dancing Group: Submitted a letter from the Secretary/Co-ordinator of the Magherafelt Highland and Country Dancing Group dated 3 February 2004 seeking financial help to purchase some costumes for the group (copy circulated to each Member).

20.3.1 On consideration it was agreed that this letter of request be forwarded to the Community Relations Officer for consideration under Community Relations funding.

21. CONFERENCES AND Consideration was given to the nomination of AND COURSES of delegates to attend a morning conference organised by NILGA on Local Government 268/2/2004 Working with the Voluntary Community Sector – Exploring the Way Forward, to be held in Craigavon Civic Centre on 25 March, 2004 (copy circulated to each Member).

21.1 On consideration it was

PROPOSED by Councillor S O’Brien Seconded by Councillor R A Montgomery, and

RESOLVED: the three Council representatives on NILGA (Councillors T J Catherwood, J F Kerr and Miss K A Lagan) attend the conference in Craigavon Civic Centre on 25 March 2004.

22. ULSTER FARMERS’ Submitted letter from Councillor Rev McCrea and UNION – ADDRESS a letter from the Ulster Farmers’ Union South BY CHAIRMAN Derry Branch that arrangements be made for the President, Mr John Gilliland to address the Council 776/2/2004 on the main issues and uncertainties affecting the farm families in Northern Ireland (copies circulated to each Member).

On consideration it was agreed that Mr Gilliland be invited to address the Members at the March meeting of the Council and that he should also include in his address the proposed CAP Reforms.

23. CONSULTATION Submitted the following consultation documents: DOCUMENTS 23.1 (a) Copies of a letter and draft Implemen- 195/2/2004 tation Plan setting out the Department of Social Development’s proposals for Neighbourhood Renewal in the regional towns and cities outside Belfast and Londonderry, seeking responses by Friday, 6 March 2004.

(b) Copy of letter and consultation document “Measures to tackle Anti-Social Behaviour in Northern Ireland” prepared by the Northern Ireland Office seeking comments by 1 April 2004 (copies circulated to each Member).

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

24. ROADS SERVICE Submitted the following:

279/2/2004 24.1 Letter, copies of map and Route A29 Moneysharvin Road, Magherafelt (Abandonment) Order (Northern Ireland) 2004, Statutory Rule No.14 (copies circulated to each Member) requesting that this matter be brought to the attention of the Council.

Noted.

24.2 Letter, map and schedule detailing proposed waiting restrictions at Church Street, Maghera (copies circulated to each Member) requesting that the matter be brought to the attention of the Council.

Noted.

25. NOTICES OF MOTION The following Notices of Motion were submitted:-

212/2/2004 25.1 In accordance with her Notice of Motion, Councillor J F Kerr proposed:

“That this Council immediately sets up a working group whose remit shall be:

• To draw up a plan for the implementation of the Council’s language policy as adopted by Council in June 2002 • To liaise with such relevant bodies as necessary in order to avail of the most up to date advice and technical assistance in these matters • To liaise with other Councils who had similar policies • To bring the draft plan forward to the full Council within four months of the setting up of the group • To ensure (in the interim) that all signage in the new Council buildings is multilingual and reflects the indigenous linguistic make-up of the area, i.e. Irish, English and Ulster Scots.

And further that this Council supports the call for Irish to be adopted as an official language of the EU.”

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

Councillor Kerr stated that since June 2002 the policy had been sitting there and nothing had been done since. A working group was required to progress the policy and advance in a pragmatic way. Since the workshops organised by Pobal, which he had attended, legal advice had been sought within the Government Department. The situation was that within the Good Friday Agreement, provision had been made to proactively implement the Irish Language. Article 3 of the European Law on languages also had agreed to forward the Irish language as it was an indigenous linguistic and historic language. Government bodies only used one language (English) and this was unfair to those who used another language. There were some 150 families in the area who used Irish as their main language.

Councillor Kerr claimed that it was a grave injustice to those 150 Irish-speaking families if the Council’s policy did not reflect it. He said that many young people spoke Irish and it was an advantage in that it could enhance job prospects particularly if the individuals were seeking work in the EU Parliament where it was often necessary to be fluent in two EU languages.

The Chairman, Councillor Miss K A Lagan enquired if Councillor Kerr wished his motion to be taken point by point or as a whole.

In reply Councillor Kerr said that he wished a working party to be set up first, that could then discuss each issue in turn.

It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill

That the Council set up a working group to consider issues relating to the use of the Irish Language.

Councillor Rev Dr R T Wm McCrea stated that the motion went further than the proposal, in that it also stated that this Council supports the call for Irish to be adopted as an official EU language. 41

Councillor Rev McCrea said that at this point in the motion there was no mention of Ulster Scots. He had no objection to anyone taking up any other language, but this motion had one purpose and one purpose only. He said that this was a devious motion brought before the Council by Sinn Fein in the build-up to the European Election. He also pointed out that the Good Friday Agreement, was actually the Belfast Agreement was now a thing of the past. As members of the largest party elected to the currently suspended Assembly he stated that the Belfast Agreement would not be resurrected. In any event the terms of the Belfast Agreement required any such issue to have cross-community support and this issue would not have that. He further said that in the Northern Ireland Assembly out of 108 members only 1 member addressed the Assembly in Irish and this in effect highlighted the fact that she had insufficient comment to actually fill the time allocated to her or she used the time to say the same thing twice, once in Irish and once in English. He also noted that English was spoken in the Dáil. Councillor Rev McCrea further stated that English was the official language of the country. Councillor Rev McCrea said there were more important issues than spending money on putting Irish signs up. The public were more interested in actions to counter rising rates and imminent water charges.

Councillor G C Shiels commented that the motion was hilarious but it was political. He said that Ulster Scots was a predominantly a spoken language although efforts had been made to write it down. He said that Irish was not a working language and he could not support the motion.

Councillor Kerr said that English was not technically an official language because as a Monarchy England did not have a formal constitution and therefore could not have an official language as such

Councillor Kerr said that he would not behave as Councillor Shiels had done in that he would not disparage those who chose to speak a language other than English. He further stated, in reference to Councillor Rev McCrea’s comments regarding the Dáil, that personally he was more critical of the Irish Government’s behaviour in relation to the Irish language than the British Government’s behaviour.

Councillor Rev McCrea said that Ulster Scots had been forgotten in the motion and it was the language spoken in different circles. There had to be equality, but this motion dismissed Ulster Scots, it had just been cast aside. The political leaders speak in English and they should lead by example.

Councillor J A McBride said that they had reached the situation where there was a failure to communicate. Language was about elements of communication. He supported the motion, regardless of what individuals wanted to call the Good Friday (or Belfast) Agreement, as he wanted to support the Irish language. Irish was the oldest linguistic dictionary within the EU except for Greek. He said that the ten new members of the European Union would each bring their languages with them. He had no problems with the setting up of a working group as proposed in the motion.

Councillor J Junkin felt that the Council was discriminating against other people living in the District and mentioned the number of Chinese families who were not represented in the motion.

Councillor Kerr said that the original motion referred to indigenous languages. The Good Friday Agreement and the European Charter made a distinction between indigenous languages and migrant languages.

The Chairman, Councillor Miss K A Lagan suggested that the inclusion of signage in three languages on every door would be difficult to do tastefully. She was concerned about the aesthetics of the language.

Councillor Junkin said that he admired the use of Irish language as an art form but suggested that it would be inappropriate for the Council to take a vote because it would be a divided vote and the Council would look like a “political punch-ball”.

Councillor Kerr disagreed and said that the motion was concerned with the setting up of a working group. He also stated that he took grave exception to the Irish language being described as an art form.

Councillor Shiels enquired if that meant that all signs in the building would be changed.

Councillor Rev McCrea pointed out that the motion was totally politically motivated and that it was interesting that pressure was being put on the Irish PM to use the Irish language as an issue in the European Elections. It was also interesting to note that a similar motion was being tabled in Cookstown District Council at their monthly meeting that very night.

Councillor Rev Dr R T Wm McCrea requested a recorded vote.

Councillors P E Groogan, O T Hughes, J F Kerr, Miss K A Lagan, J A McBride, P H McErlean, J J McPeake, H E Mullan, S O’Brien and J P O’Neill voted for the motion (10 votes).

Councillors T J Catherwood, J Junkin, Rev Dr R T Wm McCrea, P McLean, R A Montgomery and G C Shiels voted against (6 votes).

The Chairman declared the motion carried.

25.2 In accordance with his Notice of Motion, Councillor G C Shiels proposed:-

“That this Council requests ‘Roads Service’ to attend a meeting of the Council to present details of their intention to charge for parking within certain Magherafelt Town car parks. Further that it should be made clear in that communication with ‘Roads Service’ that good manners should indicate that no such scheme should be introduced until consultations with the Council are fully exhausted.”

The motion was seconded by Councillor J F Kerr.

Councillor Shiels that since residents of the District became aware of the Roads Service proposal he had been inundated with telephone calls and he felt duty bound to represent their views and concerns. Magherafelt required more parking spaces. He said that the spaces currently provided were being taken by all-day parkers. The introduction of parking charges would mean that those who came to shop in Magherafelt would curtail the duration of their stay. He said that in Cookstown, in contrast to Magherafelt, Roads Service had discontinued their parking charges around The Burnavon Centre after motorists rebelled. The current sign stated that there were 250 free spaces.

Cookstown was Magherafelt’s main retail competitor and it was worthy of note that the same Roads Service had tried to introduce a similar scheme in Cookstown and had to discontinue it after it was made unworkable.

The Chief Executive advised that Roads Service had consulted with the Council and the local Chamber of Commerce on the introduction of car parking charges for Rainey Street and Union Road car parks as recently as December 2003 (copies of extract of Minutes were circulated to Members).

Several Members stated that whilst the Chamber of Commerce may have been involved in the consultations, the matter had not been adequately discussed with members, either via the Magherafelt Area Partnership or individually.

The Chairman, Councillor Miss K A Lagan said that she had attended a meeting with the Chamber of Commerce and Roads Service some time back when charges were discussed. She said that she personally would be happy to pay 30p for one hour to be able to park near a supermarket, for example, Dunnes or Iceland at Meadowlane Shopping Centre. Currently that was not possible given the proliferation of all day parkers.

Councillor Rev Dr R T Wm McCrea stated that he never expected that residents would be paying for parking. He gave the background history to the purchasing of car parking in Magherafelt on the understanding that it would be free for the people of Magherafelt, now they had imposed a price. Free parking was for the good of Magherafelt and helped attract people into the town to shop. He hoped to stave off car park charging in Magherafelt becoming a resolution.

Councillor Rev McCrea said that he had written to the Department stating that he was still opposed to charging in Magherafelt. He accepted the point made about all-day parkers, but suggested that there should be specific parking made available for local workers who were normally the people who were all-day parkers. He pointed out that many people were not earning a great deal and could not afford to pay for all-day parking. Councillor Rev McCrea could not understand why the Department had changed its mind in Cookstown about charging when it was introducing charges in Magherafelt.

He also said that originally land was made available for car-parks on the basis that they would be free.

Councillor J F Kerr was of the opinion that ‘Pay and Display’ would make little difference to the traffic situation, people would only drive round and round looking for somewhere to park.

The motion was carried unanimously.

26. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor J A McBride, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

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

29. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J F Kerr, and

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

Proceedings in “Open Council”

It was

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

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

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

27. MEMORIAL STONE Submitted permission for the erection of a Memorial Stone at Plots A56 and A57, in memory of Thomas Ivan Watterson (deceased). Mr Tohill said that the Grantee, Mr Gordon Watterson, 23 Loves Road, Magherafelt paid the fee and the application was in order subject to him signing the application.

On consideration it was

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

RESOLVED: to permit the erection of a Memorial Stone at Plots A56 and A57 in Polepatrick Cemetery in memory of Mr Thomas Ivan Watterson.

28. ITEMS FOR The following items were submitted for the INFORMATION information of Members:- a) Minutes of Meeting of the North-Eastern Education and Library Board. b) Press Release of the Northern Health and Social Services Board – January meeting. c) Copy of “Future Post-Primary Arrangements in Northern Ireland” – advice from the Post- Primary Review Working Group. d) Copies of new Roads Service publications:- ° ‘On the Move’ – Issue 2 of their newspaper, (copy circulated to each Member) and ° Revised Road User’s Charter Statement (copy circulated to each Member) e) Copy of the Purpose and Aims of the Criminal Justice System Northern Ireland f) Copy of The William Keown Trust’s Newsletter – November 2003 (copy circulated to each Member). g) Copy of Ofcom’s Annual Plan – April 2004- March 2005. h) Annual Reports: 1. New TSN Annual Report 2003.

The meeting concluded at 10.20 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)