MAGHERAFELT DISTRICT COUNCIL Minutes

MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 10 August 2010. The meeting commenced at 7.30 pm.

Presiding: Mrs E A Forde

Other Members Present: P J Bateson J Campbell (joined the meeting at 7.32pm) T J Catherwood J Crawford P E Groogan O T Hughes J F Kerr Miss K A Lagan Mrs K A McEldowney P McLean I P Milne (joined the meeting at 7.35pm) Miss B Scullion G C Shiels

Apologies: Rev Dr R T Wm McCrea J J McPeake

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) A Cassells (Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) M Dale (Deputising for Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance

DoE Planning Service:

Mr Melvin Bowman – Planning Officer

1 Minutes 2

1.1 Minutes of the Annual Meeting of the Council held on Tuesday, 15 June 2010

1.1.1 It was

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

Resolved: that the Minutes of the Annual Council Meeting held on Tuesday, 15 June 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

1.2 Minutes of a Meeting of the Council held on Tuesday 15 June 2010

1.2.1 It was

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

Resolved: that the Minutes of the Council Meeting held on Tuesday 15 June 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

1.3 Minutes of a Special Meeting of the Council held on Tuesday 29 June 2010

1.3.1 It was

Proposed by Councillor T J Catherwood Seconded by Councillor J Crawford, and

Resolved: that the Minutes of a Special Council Meeting held on Tuesday 29 June 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

2 Matters Arising Out of the Minutes

2.1 The Chief Executive submitted the following:

2.1.1 Letters of thanks from the Rainey Endowed School for the use of Meadowbank Sports Arena to facilitate the STEM (Science, Technology, Engineering and Mathematics) educational event in April 2010 and from the National Society for the Prevention of Cruelty to Children for the Council’s recent financial contribution.

Councillor J Campbell joined the meeting at 7.32pm

3 2.1.2 Letters of thanks from Emergency Medical Care, BP McKeefry Ltd and Crossland Tankers Ltd and the Fort Centre, Maghera for the Council’s recent financial contributions.

3 Messages of Sympathy

3.1 Councillor P McLean requested that a message of sympathy be extended from the Council Members to Mr J J Tohill, Director of Finance and Administration with Magherafelt District Council, on two recent deaths in his family of an uncle and an aunt.

Unanimously agreed.

3.2 Councillor J Campbell requested that a message of sympathy be extended from the Council Members to Ms Elizabeth Monaghan, Manager of Maghera Leisure Centre on the recent death of her father.

Unanimously agreed.

4 Message of Congratulations

4.1 Councillor P McLean requested that a message of congratulations be extended from the Council Members to Miss Sarah Henry on her success in the Silentnight Book at Bedtime Competition in which she was the only finalist from Northern Ireland. Councillor P McLean also thanked everyone who had shown their support for Miss Sarah Henry.

5 Reception – Draperstown Amateur Boxing Club

5.1 The Chief Executive submitted a letter from Draperstown Amateur Boxing Club requesting the Council to consider hosting a reception for American visitors taking part in an International Boxing Tournament (Ulster v U.S.A) in Draperstown on Saturday 21 August, 2010.

It was agreed that the Chairperson Councillor Mrs E A Forde would host this event.

Councillor I P Milne joined the meeting at 7.35pm

6 Building Control Department 210/08/2009

The Director of Building Control presented the Department’s report for the period 1 June 2010 to 30 June 2010 and 1 July to 31 July 2010 (copies previously circulated to each Member)

4 6.1 During the period 1 June 2010 to 30 June 2010 thirty applications have been recommended for approval. A total of one hundred and thirty-one applications required amending by Architects and Agents before granting approval.

During the period 1 July 2010 to 31 July 2010 twenty one applications have been recommended for approval. A total of one hundred and forty applications required amending by Architects and Agents before granting approval.

6.2 Applications for Notices and Regularisations

During the period from 1 June 2010 to 30 June 2010 there were two Notices issued.

During the period from 1 July 2010 to 31 July 2010 there were two Notices issued.

6.3 Granting of Extension of Time and Cancellation of time lapsed Approvals

During the period from 1 June 2010 to 30 June 2010 twenty-one applications were cancelled having gone beyond the four year expiry date and not having commenced on site. Also during this period three applicants were granted a one year extension of time.

During the period from 1 July 2010 to 31 July 2010 one application was cancelled having gone beyond the four year expiry date and not having commenced on site. Also during this period three applicants were granted a one year extension of time.

6.4 Building Regulations Inspections

During the period from 1 May 2010 to 31 May 2010 fifty-six applications commenced on site and thirty-five applications were found to be complete in accordance with Building Regulations.

The department carried out 305 inspections this month.

During the period from 1 June 2010 to 30 June 2010 fifty-eight applications commenced on site and twenty-one applications were found to be complete in accordance with Building Regulations.

The department carried out 306 inspections this month.

5 6.5 Petroleum Legislation

Annual Re-Licensing Applications

During the period 1 June 2010 to 30 June 2010 of this report nineteen re- licensing inspections have been carried out.

During the period 1 July 2010 to 30 July 2010 of this report eight re- licensing inspections have been carried out.

6.6 Naming and numbering of Streets

During the period from 1 May 2010 to 31 May 2010 twenty-six new Postal Numbers and Postcodes were issued for private dwellings.

During the period from 1 June 2010 to 30 June 2010 twenty-nine new Postal Numbers and Postcodes were issued for private dwellings.

6.7 Property Certificates

During the period 1 June 2010 to 30 June 2010 there were forty Property Certificates issued for this period.

During the period 1 July 2010 to 31 July 2010, there were thirty-two Property Certificates issued for this period.

On consideration

It was

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

Resolved: to adopt the report as submitted.

6.8 Carbon Monoxide Poisoning

6.8.1 Councillor G C Shiels , referring to the recent death from carbon monoxide poisoning of two students holidaying in the Castlerock area, requested that the Director of Building Control and the Director of Environmental Health consider what action, if any, could be taken to ensure that appropriate detectors were required to be fitted in residential and other properties.

6.8.2 Mr Glendinning, Director of Building Control, advised the Members that it was likely that this issue would be addressed when the Building Control Regulations were next revised.

Noted

6 7. Licenses and Registrations

7.1 Street Trading Licence :

Submitted the following application for a Street Trading Licence which was recommended for renewal:

M1/10 Mr Patrick Joseph Mullan, 24 Clady Road, Portglenone for (Magherafelt, Draperstown and Maghera)

7.1.1 It was

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

Resolved: that the application as submitted be renewed.

7.2 Petroleum Licences:

7.2.1 Submitted the following applications for Petroleum Licences which were in order and recommended for Renewal:

P.74/10 Diamond Service Station, 14 The Square Draperstown Mr E McAuley

P.48/10 Kirkpatrick Filling Station, 27 Main St, Tamlaght ’Crilly Mr Roland Kirkpatrick

P.52/10 Service Station, 37 Kilrea Road, Upperlands Mr Brian McEldowney

P.97/10 Swatragh Filling Station, 17 Moneysharvin Road, Swatragh Mr N McGrath

P.47/10 The Garage, 6 Main Street, Swatragh Mr Thomas McGuigan

P.45/10 Weir’s Filling Station, 71 Clady Road, Portglenone Mr Jarvis Weir

7.2.1 On consideration it was

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

RESOLVED: that the applications as submitted be renewed.

7 7.3 Bookmakers Licence

Submitted the following renewal of Bookmakers Licence:

BG 2(b) Willstan Ltd 32 Queen Street, Magherafelt BG 2(a) Willstan Ltd 2 Broad Street, Magherafelt BG 3 James Rainey 5 High Street, Draperstown BG 1(a) John D Rainey 104-106 Main St, Maghera BG 5(a) John J Rainey Hall St, Maghera BG 1(b) John D Rainey 4-8 Main St, Castledawson BG 5(b) John J Rainey Castle St, Bellaghy

Noted

8 Planning Service 185/08/2010

8.1 New Planning Applications:

H/2010/0105/F – Ms C Birt Approval

H/2010/0138/O – Mr C Hillman Approval.

H/2010/0144/F – Magherafelt District Council Approval.

H/2010/0149/F – Mr G McCloskey Deferred for an Office Meeting on the request of Councillor Miss K A Lagan, who handed a letter of submission to the Planning Officer.

H/2010/0159/F – Creagh Concrete Products Withdrawn

H/2010/0175/O – Mr J McCullough Approval

H/2010/00187/O – Estate of Mr Charles Pollock Deferred for an Office Meeting on the request of Councillor O T Hughes.

H/2010/0192/F – Mr L Kennedy Deferred for an Office Meeting on the request of Councillor Miss K A Lagan who handed a letter of submission to the Planning Officer.

H/2010/0200/F – Mr & Mrs R Lawrence Deferred for an Office Meeting on the request of Councillor P McLean, who handed a letter of submission to the Planning Officer.

8 H/2010/0205/F – Mrs D O’Kane Deferred for an Office Meeting on the request of Councillor J Campbell.

H/2010/0207/F – Runwood House Deferred for an Office Meeting on the request of Councillor J F Kerr on behalf of Councillor J J McPeake.

H/2010/0215/F – Mr A McEldowney & Miss McAlary Deferred for an Office Meeting on the request of Councillor Mrs K A McEldowney who handed a letter of submission to the Planning Officer.

H/2010/0219/F – Mr D Scullion Deferred for an Office Meeting on the request of Councillor P E Groogan.

H/2010/0227/F – Mr & Mrs Cappell Approval

H/2010/0242/O – R McKelvey Deferred for an Office Meeting on the request of the Chairperson, Councillor Mrs E A Forde.

H/2010/0250/F – Mr & Mrs M Doyle Deferred for an Office Meeting on the request of Councillor Mrs K A McEldowney who handed a letter of submission to the Planning Officer.

H/2010/0253/F – E Mulholland Deferred for an Office Meeting on the request of Councillor I P Milne.

H/2010/0255/F – F Mckee Approval.

H/2010/0281/F – Mr E O’Kane Approval.

H/2010/0282/F – Mr E McGoldrick Deferred for an Office Meeting on the request of Councillor O T Hughes.

H/2010/0289/O – Mr J Henry Deferred for an Office Meeting on the request of Councillor P McLean.

8.1.1 Applications Deferred from Previous Meeting:

H/2006/0938/O – Mrs P Taylor Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2007/0032/F – Premier Electrics Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan. Councillor I P Milne requested to be included in the meeting.

9 H/2007/0081/F – Mr S Conway Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2007/0171/F – Mr A Darragh Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2007/0330/O – Mr P Duggan Deferred for further PPS21 Office Meeting on the request of Councillor J F Kerr on behalf of Councillor J J McPeake. Councillor I P Milne requested to be included in the meeting.

H/2007/0744/O – Ms L Crossett Deferred for further PPS21 Office Meeting on the request of the Chairperson, Councillor Mrs E A Forde.

H/2007/0745/O – Miss A McCann Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2007/0767/O – Mr S Lynch Deferred for further PPS21 Office Meeting on the request of Councillor P J Bateson.

H/2007/0800/O – Mr K McErlane Deferred for further PPS21 Office Meeting on the request of Councillor G C Shiels under PPS21. Councillor J F Kerr requested on behalf of Councillor J J McPeake that Councillor J J McPeake be included in the meeting. Councillor Miss K A Lagan also requested to be included in the meeting.

H/2007/0803/O – C Mallon Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

Following representation by Members, it was agreed to defer any applications (about which the Members had not already received an update from either the agent or applicant) that were recommended for refusal on the grounds of non-compliance with PPS21 for a further PPS21 Office Meeting on the understanding that either the agent or applicant confirm this request to the Planning Service prior to the end of business on Friday, 13 August 2010. Failure to contact the Planning Service would result in the recommendation to refuse being confirmed by the Department and the appropriate decision notice being issued without recourse to the Council.

It was further agreed that the Planning Officer would notify the Council of confirmed Office Meetings and/or issue of refusal decision notices, etc. The Council would then ensure that the Minutes of the meeting recorded the ultimate decision in relation to each application.

10 H/2007/0824/O – S & P Cassidy Withdrawn

H/2007/0829/F – Mr A Conway Deferred for further PPS21 Office Meeting on the request of Councillor Mrs K A McEldowney who handed a letter of submission to the Planning Officer.

H/2007/0868/O – Mr A Clerkin Withdrawn

H/2007/0889/F – Mrs K Conway Refusal

H/2007/0911/F – S Higgins Approval

H/2007/0982/O – Miss B O’Neill Deferred for further PPS21 Office Meeting on the request of Councillor J Campbell.

H/2007/1058/O – M Donnelly Refusal

H/2007/1060/O – Mr K Murphy Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2008/0130/O – Merit Homes Approval

H/2008/0461/F – Mr J Boyd Deferred for further PPS21 Office Meeting on the request of Councillor T J Catherwood.

H/2008/0688/F – J Porter Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan. Councillor G C Shiels and Councillor J Crawford requested to be included in the meeting.

H/2008/0708/O – G Crawford Deferred for further PPS21 Office Meeting on the request of Councillor G C Shiels.

H/2009/0055/O – Mr McIvor Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2009/0063/O – Mr P Murray Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

11 H/2009/0096/O – Mr T McErlean Deferred for further PPS21 Office Meeting on the request of Councillor O T Hughes.

H/2009/0098/F – Mr S Sufferin Approval

H/2009/0150/O – Mr H J Walls Deferred for further PPS21 Office Meeting on the request of Councillor O T Hughes.

H/2009/0178/O – Mr & Mrs J McKenna Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2009/0187/O – Mr J Hancock Deferred for further PPS21 Office Meeting on the request of Councillor. J F Kerr on behalf of Councillor J J McPeake. Councillor Miss K A Lagan to be included in the meeting.

H/2009/0188/O – Mr & Mrs G Black Deferred for further PPS21 Office Meeting on the request of Councillor. J F Kerr on behalf of Councillor J J McPeake. Councillor Miss K A Lagan to be included in the meeting.

H/2009/00290/F – Mr J Scullion Deferred for further PPS21 Office Meeting on the request of Councillor J F Kerr on behalf of Councillor J J McPeake.

H/2009/0314/F – Mr A Speer Deferred for further PPS21 Office Meeting on the request of Councillor G C Shiels.

H/2009/0351/F – Magherafelt Sky Blues F C Following discussion during which Councillor P J Bateson requested a deferral of the application, it was

Proposed by Councillor P McLean and Seconded by Councillor T J Catherwood

That the Council accept the Department’s recommendation to approve the application and that the Department should explain at any future objectors’ meeting that might be held with the Department why the application satisfied planning policy requirements.

On a vote being taken, nine Members voted for the motion, five voted against, voting being by show of hands. The Chairperson declared the motion carried.

Approval

12 H/2009/0359/O – Mr K Kelly Deferred for further PPS21 Office Meeting on the request of Councillor P E Groogan.

H/2009/0520/O – Mr J O’Brien Refusal

H/2009/0531/F – Mr S O’Kane Deferred for further PPS21 Office Meeting on the request of Councillor Mrs K A McEldowney. Councillor Miss K A lagan requested to be included in the meeting.

H/2009/0542/F – Mr Noel & Mrs Joanne Mullan Deferred for further PPS21 Office Meeting on the request of Councillor J Campbell.

H/2009/0549/F – N I Healthcare Approval

H/2009/0553/O – Mr P Moore Deferred for further PPS21 Office Meeting on the request of Councillor J Crawford.

H/2009/0575/O – Mr M Murray Deferred for further PPS21 Office Meeting on the request of Councillor P E Groogan.

H/2009/0663/F– Mr S Walls Approval

H/2009/0668/F – N & M Lennon Withdrawn to assess amended proposal

H/2009/0710/O – Mr I Hopper Deferred for further PPS21 Office Meeting on the request of Councillor G C Shiels. The Chairperson, Councillor Mrs E A Forde requested to be included in the meeting.

H/2010/0006/F – Mr & Mrs Higgins Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2010/0014/O – Mr J Kennedy Deferred for further PPS21 Office Meeting on the request of Councillor Miss K A Lagan.

H/2010/0039/F – Mr D Crozier Approval

H/2010/0049/F – Mr R Fullerton Refusal

13 H/2010/0059/F – Mr J Agnew Withdrawn from schedule to consider possible alternatives.

H/2010/0098/A – Drumrainey Veterinary Surgery Refusal

H/2010/0119/F – Mr M Muldoon Approval

8.1.2 It was

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

Resolved: to adopt the Planning Schedule dated 10 August 2010 subject to the above conditions and amendments.

8.2 Streamlined Consultation Decisions

Submitted schedule of Streamlined Consultation Decisions issued for June and July 2010 (copy previously circulated to each Member).

Noted.

8.3 Herbal Restaurants Ltd – Application Ref H/2010/0012/A Appeal Ref H/2010/0012/APP

Submitted a letter from Planning Service Headquarters in connection with an appeal lodged with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order in respect of application H/2010/0012/A in the name of Herbal Restaurants Ltd for a freestanding double-sided totem sign at KFC, Magherafelt Road, Castledawson (copy previously circulated to each Member).

Noted

8.4 Resolution to Proceed “In Committee”

It was

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

Resolved: that the Council proceeds “In Committee”.

14 Council “In Committee”

8.5 Major Planning Application at Lands to include 58a & 60 Moneymore Road & Lands to the rear of no 7 Killyfaddy Road, Magherafelt – Planning Reference -H/2010/0254/F

This item was taken “In Committee”.

8.6 Resolution to Proceed in “Open Council”

It was

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

Resolved: that proceedings be resumed in “Open Council”

8.7 Proceedings in “Open Council”

It was

Proposed by Councillor I P Milne 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.

8.8 Objection to Planning Application H/2010/0254/F”

Submitted letters of objection to planning application H/2010/0254/F from the residents living adjacent to lands 58A & 60 Moneymore Road and lands to rear of no 7 Killyfaddy Road.

Noted

9 Planning Appeals Commission

9.1 Submitted letter from the Planning Appeals Commission and the Enforcement Appeal Decision in connection with works to stone wallsteads to form a building at 30m North of 43 Ballynagarve Road, Ballyronan. (copy previously circulated to each Member).

Noted

15 10 Environmental Health Department 196/08/2010

10.1 Mr M. Young, Director of Environmental Health submitted the report for the months of June and July 2010 (copy previously circulated to each Member).

10.2 General Product Safety Regulations 2005

It was reported that following an accident at a domestic premises on 30 April 2010 an investigation had been carried out under the General Product Safety Regulations 2005 including the commissioning of an independent report on the product concerned. Mr M. Young reported that the conclusion of the investigation was that formal action could not be taken under the legislation. He also requested that the independent report be made available to parties concerned

10.2.1 It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor P McLean and

Resolved: that actions of the department in investigating this accident be noted and approved and that the independent report be made available to parties concerned.

10.3 In response to earlier queries from Councillor Shiels, Mr Young outlined the involvement of the department in relation to the dangers associated with Carbon Monoxide poisoning, including enforcement of housing standards, investigatory, advisory and referral actions, health promotion and home safety initiatives.

In response to queries from a number of Councillors, Mr Young outlined the legislation relating to nuisance caused by noise, in relation to the Pollution Control and Local Government (Northern Ireland) Order 1978

10.4 It was

Proposed by Councillor P McLean Seconded by Councillor T J Catherwood and

Resolved: that Council adopt the report, which was for information.

Councillor P Bateson retired from the Meeting at 9.01pm

11 Operational Services Department 322/08/2010

Submitted report by the Director of Operations for the months of June and July 2010 (copy circulated to each Member)

11.1 Mr Cassells 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.

11.2 Operational Services: Items for Information

11.2.1 Vandalism

During the presentation of the Director’s Report Councillor McLean raised the issue of the cumulative (year to date total) costs associated with vandalism. It was agreed that these should be presented to a future meeting of Council and that the reported items of vandalism should be reported to the Press on an ongoing basis .

11.2.2 Following the presentation of this section of the Directors Report

It was

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

Resolved : that, in addition to the above item, the section of the Director’s Report marked “Items for Information” be noted.

11.3 Technical Services: Items for Decision

11.3.1 Bi-Lingual Street/Road Nameplates: Request for Survey

It was

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

Resolved: that the Council would survey the residents living on Regency Court, and Baronscourt in Magherafelt, Gortahurk Road, Iniscarn Road and Crocknamohil Road, Desertmartin with regards to the erection of a bi- lingual street/road nameplates on those roads/streets.

11.3.2 Bi-Lingual Street/Road Nameplates

It was

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

Resolved: that bi-lingual (English and Irish) street/road nameplates should be erected at: Manor Park, Derramore Heights and Meadowbank Drive, all of Magherafelt.

12 Development Department

12.1 Mrs Anne-Marie Campbell, Head of Policy/Implementation submitted the Development report for the months of June and July 2010 (copy previously circulated to each member)

12.2 Community Services

12.2.1 Events and festivals grants

Following discussion it was-

Proposed by Councillor P E Groogan Seconded by Councillor I P Milne; and

Resolved: that grant funding of £4,860 is awarded to Draperstown Boxing Club.

12.2.2 Requests for Letters of Support for proposed new accommodation

Following discussion it was-

Proposed by Councillor O T Hughes Seconded by Councillor Miss K A Lagan; and

Resolved : that Council issue a letter of support for proposed self catering accommodation which is a 200 year old building conversion in an ‘Old Irish Style’ by a Ms Rosemary Mellon, 77 Halfgayne Road, Swatragh, BT45 5NL.

12.3 Good Relations

12.3.1 Good Relations Grants

It was

Proposed by Councillor J F Kerr Seconded by Councillor P McLean; and

Resolved: that

• In principle funding is awarded as detailed below subject to the Council receiving a Letter of Offer from the Community Relations Unit with a total budget that is sufficient to provide funding at the levels requested. No letters of Offer will be issued from Magherafelt District Council until a Letter of Offer has been received from the Community Relations Unit;

• Should the available budget be less than the total funding requested, it was approved that the amount awarded to each organisation would be reduced from the amount requested below to reflect the available budget;

• Projects that did not score above the quality threshold or were deemed non eligible are rejected.

Name of Group Funding requested (£) Killelagh & St John’s 1,200 Community Association Maghera Sons of William Flute 450 Band Bellaghy Women’s Group 3,089 All Set Cross Cultural Project 350 Desertmartin Accordion Band 500 Gig ‘N The Bann Festival 450 Committee Tobermore Youth Football 900 Academy The Three Spires Craft Club 830 Tobermore Community Forum 1,160 Magherafelt Women’s Institute 500 Dunamoney Flute Band 1,200 19 Name of Group Funding requested (£) Granaghan & District Women’s 750 Group Tobermore Loyal Flute Band 500

Slieve Gallion Community and 1,000 Sports Development Group Magherafelt Methodist Youth 270 Project Swatragh Wednesday Club 675 Megargy Cultural & Community 700 Group King William III Crescent 880 Community Group Derganagh Training and 340 Development Association (Knockloughrim) Maghera Arts Society 200 Parent & Toddlers @ First 400 Three Spires Scout Group 1,305 Foyle Multi-Cultural Forum 340 Curran Hall Development 850 Association Magherafelt Highland & 2,836 Country Dance Group Ballinacreen Historical Society 150 Curragh Young Farmers’Club 950 Curran Flute Band 600 Megargy & District Game & 1,000 Conservation Society Lough Fea Grouse 1,000 Conservation Trust Maghera Women’s Institute 1,000 Gaelscoil an tSeanchaí 3,902

Name of Group Funding requested (£) Recommended for Reason rejection Involve Failed to meet the quality threshold score. Did not show sufficient evidence of promoting peace and reconciliation. Magherafelt Volunteer Failed to meet the quality threshold Centre score. Did not show sufficient evidence of promoting peace and reconciliation. Glenview Pre-School Centre Not eligible as Castledawson Open Farm is no longer open to the public

12.4 Co-Operation Ireland- Pride of Place Competition Gala Awards Night

12.4.1 It was

Proposed by Councillor O T Hughes Seconded by Councillor P McLean; and

Resolved : that up to nine delegates attend the Pride of Place Gala Awards Event in the Knightsbrook Hotel, Trim, County Meath on Saturday 13 November 2010. This is to include the Chairperson and Vice Chairperson of Council, Council officers and representatives from the New Meadows Community Partnership and Bellaghy Development Association.

12.5 Economic Development

Research into the support needs of local businesses in Magherafelt

12.5.1 It was

Proposed by Councillor P McLean Seconded by Councillor Miss K A Lagan; and

Resolved : that the implementation of the four programmes listed below is approved and that applications are developed where possible for part funding through the DETI EU competitiveness programme. • Retail Therapy Programme (£35,000 / 20 participants) • Sales Growth Programme (£60,000 / 20 participants) • Customer service excellence programme (£50,000 / 20 participants) • Finance Programme (£40,000 / 20 participants)

12.6 Towns and Community Regeneration

12.6.1 Agewell

Councillor J F Kerr declared an interest.

Proposed by Councillor Miss K A Lagan Seconded by Councillor I P Milne; and

Resolved : that if possible a van be purchased from a supplier on the DOE/DRD’s approved tender select list. The van would be used exclusively by the Agewell Handyman.

12.7 It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor I P Milne; and

Resolved: that the report for the Development Department as submitted be adopted.

13 Payment of Accounts 08/2010

Submitted Statement of Expenditure setting out payments to be made during the month of August 2010 (copy circulated to each Member).

13.1 The statement made provision for £949,802.51 out of the Revenue Account and £410,366.40 out of the Capital Account.

13.2 It was

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

Resolved : to approve the Statement of Accounts as submitted for August 2010.

Adjournment of meeting

The Chairperson adjourned the meeting for a comfort break at 9.30pm

The meeting resumed at 9.40pm

14 Financial Contributions 56/08/2010

Submitted the following letters of application for financial assistance from:

14.1 European Triathlon Championship Athlone 2010 – Kevin Murphy:

Submitted letter dated 22 June 2010 from Mr Kevin Murphy seeking financial assistance towards the costs in taking part in the Standard Distance Triathlon European Championships in Athlone, Ireland 2010. (copy previously circulated to each Member).

14.1.1 As the Council had considered a similar request from Mrs B Gribben at its Meeting held on 15 June 2010, the Council agreed on this occasion, that the funds of £200 previously allocated towards the cost of Mrs Gribben’s participation in the relevant competitions should be divided equally between both Mrs Gribben and Mr Murphy as the Council’s intention had been to contribute towards the costs of all members of Triathlon Ireland from the District who were competing in the competitions.

Following discussion it was

Proposed by Councillor T J Catherwood Seconded by Councillor J Campbell, and

Resolved: that the previously agreed contribution from the Council to Triathlon Ireland of £200 be divided equally between the two participants taking part in the European Triathlon Championship Athlone 2010, named as Mrs B Gribben and Mr Kevin Murphy.

14.2 Maghera Powerlifting Club

Submitted letter from representatives of Maghera Powerlifting Club dated 20 June 2010 explaining that they were hosting the Northern Ireland Bench Press Championships on the 21 August and also the 4 Nations Championships on the 16 October 2010 competing against England, Scotland and Wales. The club were seeking financial assistance to help with the expense of hiring a hall to accommodate the two events. (copy previously circulated to each Member).

14.2.1Following discussion it was

Proposed by Councillor T J Catherwood Seconded by Councillor J Crawford, and

Resolved: that the Council make a financial contribution of £300 to the Maghera Power Lifting Club.

14.3 Bellaghy Charity Gymkhana: - Charles Graham

Submitted letter from Mr Charlie Graham on behalf of Bellaghy Charity Gymkhana, explaining that they were holding a cross community event on Saturday 4 September 2010 to raise funds for Marie Curie Cancer Care. Mr Graham requested that the Council would consider making a contribution to support this event, made payable directly to Marie Curie Cancer Care (copy previously circulated to each Member).

It was;

Proposed by Councillor T J Catherwood Seconded by Councillor J Crawford, and

Resolved: that the Council would make a contribution supporting the Bellaghy Charity Gymkhana, made payable directly to Marie Curie Cancer Care for the sum of £200.

15 Conferences and Courses

Consideration was given to the nomination of delegates to attend the following:

15.1 NAC Training and Development Seminar:

Submitted details of the NAC (National Association of Councillors) Training and Development Seminar to be held in London from Friday 24 September to Sunday 26 September 2010 entitled Diversity and Media Training (copy previously circulated to each Member).

Noted

15.2 LAMA Autumn Seminar:

Submitted details of the LAMA (Local Authority Members Association) Autumn Seminar to be held at the Listowel Arms Hotel, Listowel, Co Kerry entitled “Local Government – Efficiency and Financing from Friday 8 October 2010 to Saturday 9 October 2010 (copy previously circulated to each Member).

Noted

15.3 Annual Building Control Convention 2010:

Submitted details of the Annual Building Control Convention 2010 to be held in the Slieve Donard Hotel, Newcastle, Co Down to be held 12 and 13 October 2010

It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor Miss K A Lagan, and

Resolved: that Councillor P McLean, Councillor O T Hughes and Mr Ian Glendinning, Director of Building Control should attend the Annual Building Control Convention 2010, to be held in the Slieve Donard Hotel, Newcastle, Co Down to be held 12 and 13 October 2010

16 Consultation Documents

Submitted the following consultation document:

Submitted details of a consultation document seeking comments on a Draft Amendment to the Landfill regulations (Northern Ireland) 2003 before 15 September 2010. Access to the document was available via the website www.doeni.gov.uk/waste.

Noted

17 Mid Ulster Hospital :

17.1 Minutes of the Joint Meeting of Magherafelt District Council and Cookstown District Council held on Tuesday 29 June 2010

17.1.1 It was

Proposed by Councillor T J Catherwood Seconded by Councillor O T Hughes, and

Resolved: that, the Minutes of the Joint Meeting of Magherafelt District Council and Cookstown District Council held on Tuesday 29 June 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

17.2 Minutes of the Joint Meeting of Magherafelt District Council and Cookstown District Council with the Northern Health and Social Care Trust held on Wednesday 28 July 2010

17.2.1 It was

Proposed by Councillor J Crawford Seconded by Councillor T J Catherwood, and

Resolved: that, the Minutes of the Joint Meeting of Magherafelt District Council and Cookstown District Council with the Northern Health and Social Care Trust held on Wednesday 28 July 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

17.3 Matters arising out of the Minutes:

Councillor Miss K A Lagan referred to paragraph 21 contained in the minutes of the Special Joint Meeting held on Wednesday, 28 July 2010, which stated that the Trust had prepared a Risk Assessment for the provision of acute services at Antrim Area Hospital. The minutes further indicated that Mr Donaghy, Chief Executive of the Northern Health and Social Care Trust had undertaken to forward a copy of this Risk Assessment, together with a copy of the separate Risk Assessment which had been prepared prior to the implementation of Developing Better Services, to Members of both Cookstown and Magherafelt District Councils. As she had not yet received this information she asked for an update on the matter.

The Chief Executive stated that to date no information had been received from the Northern Health and Social Care Trust and he advised Councillor Miss K A Lagan that he would write to Mr Donaghy and ask if he was in a position to forward this information.

18 Presentations to Council

18.1 Submitted requests to consider presentations to be presented to Council from the following Organisations: (copies previously circulated to each Member). (a) NILGA – Annual Presentation (b) Sperrins Tourism Ltd (c) Sperrins Gateway Landscape Partnership

The Chief Executive recommended that Council hold a Special Meeting to facilitate these presentations. He advised Members of the Council that Sperrins Gateway Landscape Partnership had a deadline of 1 September 2010 to submit the Landscape Conservation Action Plan and requested that Council would consider sending a letter indicating support to the Partnership in principal before that date.

18.1.1 Following discussion it was-

Proposed by Councillor Mrs E A Forde Seconded by Councillor Miss K A Lagan; and

Resolved : that Council would consider each of the presentations at a Special Meeting to be held on Monday 6 September 2010 at 7.00pm. It was agreed that the Chief Executive would write to Sperrins Gateway Landscape Partnership informing them that the Council would support the Partnership in principal, and would at a later date give its full support subject to an appropriate Partnership Agreement being agreed.

19 Roads Service

Consideration was given to the following:

19.1 Submitted letter re the proposed disposal of lands at Dunglady Road, Upperlands, (copy previously circulated to each Member.)

Noted

19.2 Submitted letter re the proposed disposal of lands at 50/52 Moneymore Road, Magherafelt, (copy previously circulated to each Member.)

Noted

19.3 Submitted letter re the proposed disposal of lands at 52a Disert Road, Draperstown, (copy previously circulated to each Member.)

Noted

19.4 Submitted letter re the proposed disposal of lands at 50 Dreenan Road, Draperstown, (copy previously circulated to each Member.)

Noted

19.5 Submitted letter re traffic calming proposals for Grove Terrace/O’Hara Road, Maghera (copy previously circulated to each Member.)

Noted

20 Resolution to Proceed “In Committee”

It was

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

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

21 Staff Matters

This item was taken “In Committee”.

22 Legal Matters

This item was taken “In Committee”.

23 Resolution to Proceed in “Open Council”

It was

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

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor P McLean; and

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

24 Sealing of Documents

24.1 The Seal of the Council is hereby affixed to the following document:

Right Grant of Right of Burial to Mrs Julie McCann of 65 Carlane Road, Randelstown BT41 3LY – Plot A107, daughter of Violet Edna Campbell (deceased).

25. Memorial Stone

25.1 The Director of Finance and Administration advised that two applications had been received from:

1. Mr William James Booth, (Grantee) 33 Killyneese Road, Castledawson BT45 8DS seeking permission to erect a Memorial Stone at Plot A105 – Husband of Mrs Isobel Booth (deceased ). 2. Ms Audrey Kane, (Grantee) 3 Manor Park, Magherafelt BT45 6QE33 seeking permission to erect a Memorial Stone at Plot K38 – Friend of Mr Richard John Begley (deceased ).

Mr Tohill advised the Members that the applications satisfied the Council’s requirements and that the requisite fees had been paid.

Following discussion it was

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

Resolved: that, the Council authorise the erection of Memorial Stones at Plot A105, and Plot K38 in accordance with the Rules and Regulations of Polepatrick Cemetery.

26 For the Information of Members

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

(a) Minutes of the 419 th Meeting of the North Eastern Education and Library Board held on Tuesday, 25 May 2010 (Copy previously circulated to each Member) (b) Copy of William Keown Trust’s Newsletter – June 2010 (Copy previously circulated to each Member) (c) Copy of Roads Service’s Magazine ‘On the Move’ (d) Copy of Northern Ireland Bureau’s ‘Newslink’ – Summer (e) Copy of the Equality Commission for Northern Ireland’s ‘Section 75 of the Northern Ireland Act 1998 – A Guide for Public Authorities.

Annual Reports

(a) Public Health Agency’s Director of Public Health Annual Report 2009 (b) Northern Ireland Ombudsman 2009-2010 (c) Parades Commission for Northern Ireland

The meeting concluded at 10.35pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby confirmed.

______(Chairperson)

______(Date)