MAGHERAFELT DISTRICT COUNCIL
MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 8 November 2005. The meeting commenced at 7.30 pm.
Presiding: J F Kerr
Other Members Present: P McLean P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Miss K A Lagan Mrs K A McEldowney J J McPeake I P Milne J P O’Neill G C Shiels
Apology: Rev Dr R T Wm McCrea
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)
Representatives from Other Planning Service: Bodies in Attendance: Ms Denise McShane – Planning Officer
1. MINUTES Submitted Minutes of Meetings as follows:
1.1 It was
PROPOSED by Councillor J P O’Neill Seconded by Councillor P J Bateson, and
RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 11 October 2005 (copy circulated to each Member) be taken as read and signed as correct.
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1.2 It was
PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and
RESOLVED: that the Minutes of the Special Meeting of the Council held on Tuesday, 25 October 2005 be taken as read and signed as correct.
2. CONGRATULATIONS 2.1 Councillor G C Shiels said that Tobermore Concrete Products Ltd had recently won two 260/11/2005 prestigious awards; the Northern Ireland Chartered Institute of Marketing Award followed by the UK Business Excellence Award when they were competing against much larger companies such as BMW and TNT. This major UK award was presented at the Hilton Hotel, London.
2.1.1 It was
PROPOSED by Councillor G C Shiels Seconded by Councillor Miss K A Lagan, and
RESOLVED: that the Council host a Civic Reception for Tobermore Concrete Products Limited.
2.2 Councillor Shiels also stated that Mr Linton Selfridge had recently completed 40 years of service as a Section Leader to Maghera Fire Service, and accordingly proposed that he too be given a reception.
2.2.1 Accordingly it was
PROPOSED by Councillor G C Shiels Seconded by Councillor J Crawford, and
RESOLVED: that the Council host a Civic Reception in recognition of Mr Linton Selfridge’s forty years of service as Section Leader to Maghera Fire Service.
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2.3 Councillor P McLean referred to the success of two other local companies – Henry Brothers Ltd on winning the Construction Employers’ Federation (CEF)/Specify Construction Excellence Award 2005 for Health and Safety, and F P McCann Ltd on winning the Achieving Excellence in the Public Sector Award for Toome Bridge and By-pass which were presented in the Culloden Hotel, Holywood recently.
2.3.1 On consideration it was
PROPOSED by Councillor P McLean Seconded by Councillor Miss K A Lagan, and
RESOLVED: that messages of congratulations be sent to both companies on successfully winning these awards.
2.4 The Chairman, Councillor F J Kerr reported that he had received an e-mail from an ex-Councillor Lughaidh MacGiolla Bhrighde earlier in the day, intimating that Mr Robert Pickering an Emergency Medical Technician was retiring from the Northern Ireland Ambulance Service after 32 years of service to the people of the District and trusting that the Council would recognise this service.
2.4.1 On consideration it was unanimously resolved that a message of congratulations be forwarded from the Council to Mr Pickering before his retirement on Friday, 11 November 2005.
3. MATTERS ARISING 3.1 The Chief Executive submitted letters of OUT OF THE MINUTES thanks for financial assistance from the Northern Ireland Ploughing Association, Riding for the Disabled Association – Fort Centre, Lough Neagh Rescue and Childline Northern Ireland.
Noted.
3.2 Submitted letter of acknowledgement from the Chief Executive’s Office, the Planning Service for the letter sent from the Council to Mr Ferguson regarding changes to the planning consultation arrangements with District Councils, stating that the issues were being considered and a reply would be forwarded as soon as possible.
Noted.
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3.3 Submitted letter of reply from the Departmental Private Secretary to Jeff Rooker regarding changes to the planning consultation arrangements with District Councils.
3.3.1 The letter intimated that the revised consultation procedures being introduced were not intended to dilute the role of District Councils in the planning process and the Minister did not regard expediency as being more important than quality of service. The Minister believed that a balance had to be struck between proper consultation and engagement and delivery of an efficient planning process and the revised arrangements were aimed at improving efficiency and effectiveness. The Planning Service would continue to work with NILGA to consider a range of issues around the Planning Service’s engagement with Councils.
3.3.2 The group would look closely at how the revised arrangements were working and consider how they might be refined to further improve consultation arrangements. He assured the Council that he was committed to effective and meaningful consultation to support good planning decisions which could be delivered in a timely manner. The Council’s consultation arrangements did not alter but were focused on the repeated deferrals that caused backlogs and the build-up of outstanding cases. They were focused on the repeated deferrals that caused backlogs and the build-up of outstanding cases. They were also resource intensive and time consuming and led to significant delays in the process.
3.3.3 Councillor P McLean said that consultation was still required with NILGA and as such he suggested that the Council write to NILGA to obtain feedback from them on what had been going on, on that front.
3.3.4 Councillor J J McPeake reported that as a member of the NILGA Executive he had to report that NILGA was most annoyed at the impression the Minister had been giving when in fact NILGA had been left out of the consultations and the Department’s decisions had been thrust upon Local Authorities. There had only been one meeting and NILGA had requested a meeting with the Minister as the Planning Service had not been working with NILGA. The whole purpose was to consult not to acquiesce.
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3.3.5 Councillor G C Shiels said that the Minister’s letter would carry some weight generally but that the outworkings regarding the planning schedule (particularly for June 2005) was in the hands of the Planning Service Headquarters together with the way in which they had dealt with deferrals for site meetings. The Council was not to blame for the inequitable manner in which site meetings had been arranged.
3.3.6 Councillor P McLean pointed out that NILGA were not happy with the situation in that little consultation had been going on and therefore the contents of the letter were in essence untrue. He considered that the contents of the letter were a deliberate lie and that the Council needed to refute this in the strongest terms. Councillor McLean added that NILGA should be contacted in order to obtain a copy of the response from them and then it should be sent to the Minister.
3.3.7 Councillor Miss Lagan said that she could recall when this issue had been discussed before and nothing had been done about it.
3.3.8 The Chief Executive suggested that a joint reply be carried out with NILGA.
3.3.9 Councillor J J McPeake referred to the phrase used in the letter “working hand in hand” and wondered what it meant.
3.4 Submitted letter from the Chief Executive of NILGA advising that they had employed a European Officer, Teresa Lennon. Her duties would involve building an awareness of European issues across Local Government in Northern Ireland, and to support the engagement of Councils in European work so that they could influence EU policy developments.
3.4.1 The details were noted.
4. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 5 October to 8 November 2005 (copy circulated to each 210/11/2005 Member).
4.1 Mr Glendinning stated that during the period of the report thirty-one applications had been recommended for approval.
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A total of seventy-eight applications required amending by architects and agents before granting approval. There were twenty-two Notices in relation to extensions and five Regularisations relating to property transactions issued.
4.1.1 There were three cancellations: MA/2012/0221 – Mr Robert Henry, 28 Mullaghboy Heights, Magherafelt for an extension to a dwelling; H/2012/0379 – Mrs Sadie Mitchell, 1 Glenville Terrace, Upperlands for an extension to a dwelling, and H/2023/0552 – Mr Pat McKenna, 137 Fivemilestraight, Maghera for the erection of a dwelling.
4.1.2 Mr Glendinning also reported that there had been one extension of time application: MA/2023/0061 – Mr Desmond Currie, 43 Castle Park, Tobermore for a bay window extension. He added that after four years applications were automatically cancelled.
4.1.3 One hundred and thirty-five applications had commenced on site and ninety-one applications were found to be complete in accordance with Building Regulations.
4.2 Petroleum Licensing: Mr Glendinning reported that a petrol station at Straw, Draperstown had not been issued with a petroleum licence as the owner had not provided an electrical certificate. An inspector had called on six occasions but failed to receive the document. He recommended that the Council institute legal proceedings on the owner with the view to putting the service station out of commission, that is, no petroleum spirits may be stored on the site and tanks must be sealed by either filling them with concrete if they not going to be used again, or by filling them with foam or water as a temporary measure.
4.2.1 On consideration it was
PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and
RESOLVED: that the matter be deferred for one month in order to allow Councillor Groogan time to consult with the owner.
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4.3 On consideration it was
PROPOSED by Councillor T J Catherwood, Seconded by Councillor P McLean, and
RESOLVED: to adopt the report as submitted.
5. PETROLEUM The following application was submitted for a LICENCE Petroleum Licence which was in order and recommended for renewal.
P.45 Weir’s Filling Station, 71 Clady Road, Portglenone
5.1 On consideration it was
PROPOSED by Councillor P McLean Seconded by Councillor Mrs E A Forde, and
RESOLVED: that the application as submitted be renewed.
6. STREET TRADING The following application was submitted for a LICENCES Street Trading Licence which was in order and recommended for renewal:
ST.23 Mr Balkar Singh 5 Knockdarragh, Newry Car-park and lay-by adjacent to Coleraine Road, Maghera
6.1 On consideration it was
PROPOSED by Councillor P McLean, Seconded by Councillor Mrs E A Forde, and
RESOLVED: that the application as submitted for a Street Trading Licence be renewed.
7. AMUSEMENT Submitted an application for an Amusement PERMITS Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise which was recommended for granting:
A.1 Joe Dorman, Queen Street, Magherafelt
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7.1 On consideration, it was
PROPOSED by Councillor P E Groogan Seconded by Councillor I P Milne, and
RESOLVED: that the application as submitted be granted.
7.2 A further application was submitted for the following premise which was recommended for the granting of an Amusement Permit pending a satisfactory Fire Certificate:
A.4 Ms Kathleen McMullin, 69 Kilrea Road, Upperlands
7.2.1 It was
PROPOSED by Councillor P E Groogan Seconded by Councillor J P O’Neill, and
RESOLVED: that the application as submitted be granted subject to a satisfactory Fire Certificate being received.
8. PLANNING Submitted the following letters of reply from the MANAGEMENT Planning Management Board to submissions BOARD made:
184/11/2005 8.1 Application H/2003/0216/O: Letter of reply dated 21 October 2005 in connection with a site for a dwelling and garage south of 19 Ballyronan Road, Magherafelt for Mr O’Neill (copy circulated to each Member).
8.1.1 The letter intimated that the Board considered the proposal to be contrary to Policy DES 5 and DES 6 of the Department’s Planning Strategy for Rural Northern Ireland in that a dwelling on this site, if permitted would not fully integrate and would result in an unacceptable change in rural character. The proposal was also premature to the publication of the Magherafelt Area Plan 2015. The Management Board after careful consideration concluded that planning permission should not be granted.
Noted.
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9.2 Application H/2003/0827/O: Letter of reply dated 21 October 2005 in connection with a site for a dwelling and garage adjacent to 3 Orr Road, Ballyronan, Magherafelt for Miss Derby (copy circulated to each Member).
9.2.1 The letter intimated that the proposal was contrary to Policy DES 6 and DES 7 of the Department’s Planning Strategy for Rural Northern Ireland in that a dwelling on this site, if permitted would establish ribbon development and have a detrimental impact on the rural character of the area. The proposal was also premature to the publication of the Magherafelt Area Plan 2015. The Management Board after careful consideration concluded the planning permission for the proposal should not be granted.
Noted.
9. PLANNING SERVICE Submitted the Divisional Planning Manager’s report dated 9 November 2005 (copy circulated to 185/11/2005 each Member).
9.1 New Applications:
H/2003/0410/O – Mr W Lennard Approval.
H/2003/0558/O – Edenvale Properties Approval.
H/2004/0246/F – Mr J D Fulton Approval.
H/2004/0280/O – Black Quarter Properties Ltd Deferred for an office meeting on the request of Councillors J Campbell and P McLean – Criteria 5
H/2004/0325/F – Mr W Garvin Deferred for an office meeting on the request of Councillor T J Catherwood – Criteria 5.
H/2004/0383/F – Mr G McAllister Deferred for an office meeting on the request of Councillor J Campbell – Criteria 5.
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H/2004/0488/O – JFM Construction Submitted an e-mail from the Planning Officer setting out amendments to the reasons for refusal (copy circulated to each Member). Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5.
H/2004/0632/O – H McGuckin Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2004/0926/F – Mr & Mrs Gordon The Planning Officer reported that the applicant had withdrawn this application.
H/2004/0944/F – O’Kane & Devine Approval.
H/2004/1060/LB – H & T McGlone Deferred for an office meeting on the request of Councillor J Campbell – Criteria 5
H/2004/1062/F – H & T McGlone Deferred for an office meeting on the request of Councillor J Campbell – Criteria 5
H/2004/1129/F – Mr & Mrs W Cochrane Approval.
H/2004/1156/F – Mr P Kearney Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2004/1254/O – Mr D Mulholland Approval.
H/2004/1370/F – Henry Bros (Magherafelt) Ltd Approval.
H/2004/1476/O – S O’Neill Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criteria 5
H/2004/1603/O – Mr J O’Kane Approval.
H/2005/0001/F – Mr H Henry Approval.
H/2005/0010/F – Mr C McConville Approval.
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H/2005/0101/F – J Donnelly Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0148/O – Blackquarter Properties Ltd Approval.
H/2005/0337/O – SLPT Deferred for an office meeting on the request of Councillor G C Shiels – Criteria 5
H/2005/0341/O – Mr J O’Neill Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0359/O – Mr W J McCaughern Approval.
H/2005/0388/F – Mr C McElhinney Deferred for an office meeting on the request of Councillor P E Groogan – Criteria 5
H/2005/0403/O – Mr T A Pollock Approval.
H/2005/0413/F – C McLernon Approval.
H/2005/0426/F – Mr W Nesbitt Approval
H/2005/0481/F – Mr M Fulton Approval.
H/2005/0485/L – Ulster Bank Approval.
H/2005/0490/F – Mr R Kennedy Approval.
H/2005/0497/F – Mr J Doherty Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0503/O – Mr M Toner Deferred for an office meeting on the request of Councillor J Campbell – Criteria 5
H/2005/0505/O – Mr D Bradley Approval.
H/2005/0514/RM – Mr J Quinn Approval.
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H/2005/0525/F – Mr G McKenna Approval.
H/2005/0527/F – Mr P Diamond Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0556/O – Mr E McGovern Approval.
H/2005/0608/O – Mr C O’Neill Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0609/O – Rainey Endowed School Approval.
H/2005/0633/F – Mr G Black Approval.
H/2005/0645/O – Mr D Friel Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr – Criteria 5
H/2005/0654/F – Mr V Quinn Approval.
H/2005/0660/F – Magherafelt Baptist Church Approval.
H/2005/0665/RM – Mr O Bradley Approval.
H/2005/0676/O – Mr P Grimes Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criteria 5
H/2005/0680/F – G McCaughey Approval.
H/2005/0689/F – Mr J Donnelly Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0690/F – Mr J Donnelly Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0697/O – Mr R Montgomery Approval.
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H/2005/0698/F – Mr & Mr G Orr Approval.
H/2005/0702/O – Mrs S O’Kane Approval.
H/2005/0728/F – Mr M Diamond Deferred for an office meeting on the request of Councillors O T Hughes and J J McPeake – Criteria 5.
H/2005/0743/F – Mr B McWilliams Approval.
H/2005/0745/O – Mr D Quinn Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor Miss K A Lagan – Criteria 5
H/2005/0746/RM – Mr A Scullion Approval.
H/2005/0749/O – Mr & Mrs S Arbuthnot Deferred for an office meeting on the request of Councillor T J Catherwood – Criteria 5
H/2005/0750/O – Mr G Chambers Approval.
H/2005/0754/O – Mr B Quinn Deferred for an office meeting on the request of Councillor P E Groogan – Criteria 5
H/2005/0770/F – V Doyle & Sons Ltd Approval.
H/2005/0775/F – Mr G Pijl Approval.
H/2005/0780/O – Mr L Magill Approval.
H/2005/0781/F – S Moohan Approval.
H/2005/0785/O – Mr R Hastings Approval.
H/2005/0793/F – Mrs L Scott Approval.
H/2005/0796/F – NIE Approval.
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H/2005/0800/O – Mr & Mrs S Shields Deferred for an office meeting on the request of Councillor G C Shiels – Criteria 5
H/2005/0801/F – Workspace (Draperstown) Ltd Approval.
H/2005/0810/O – Mr B Lagan Approval.
H/2005/0819/O – Mr E McAtamney Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0820/F – Mr J Heaney Approval.
H/2005/0823/F – Mr D McCann Approval.
H/2005/0824/RM – Mr P Kelly Approval.
H/2005/0827/F – Mr M Stewart Approval.
H/2005/0830/O – Mr F McErlean Approval.
H/2005/0831/O – Mr C Bryson Approval.
H/2005/0835/O – Mr T Morgan Deferred for an office meeting on the request of Councillor J Campbell – Criteria 5
H/2005/0838/F – M McKenna Approval.
H/2005/0840/F – Mr G McConnell Approval.
H/2005/0849/O – Mr T McCann Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0851/RM – Mr B McCloskey Approval.
H/2005/0854/F – Northern Ireland Housing Executive Approval.
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H/2005/0855/RM – Mr O McNally Approval.
H/2005/0863/O – Mr Rafferty Approval.
H/2005/0864/F – NIHE Approval.
H/2005/0869/O – Mr C Mulholland Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0870/F – Mr W Smith Deferred for an office meeting on the request of Councillor P McLean – Criteria 5
H/2005/0874/F – Mr & Mrs P Purvis Approval.
H/2005/0878/A – R Cathcart Approval.
H/2005/0879/O – Mr W Boyd Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor P E Groogan – Criteria 5
H/2005/0880/F – NIHE Approval.
H/2005/0883/RM – Mr M O’Neill Approval.
H/2005/0884/O – Mrs Steele Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0887/F – Mr W Young Approval.
H/2005/0889/O – Mr J Yorke Deferred for an office meeting on the request of Councillor T J Catherwood – Criteria 5
H/2005/0891/O – Mr D Yorke Deferred for an office meeting on the request of Councillor T J Catherwood – Criteria 5
H/2005/0893/F – Mr P Bradley Approval.
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H/2005/0894/O – Mr R Irwin Approval.
H/2005/0898/O – Mr Elliot Approval.
H/2005/0901/O – Mr T Elliot Deferred for an office meeting on the request of Councillor J Crawford – Criteria 5.
H/2005/0908/O – K Elliot Deferred for an office meeting on the request of Councillors J Crawford and Rev Dr R T Wm McCrea – Criteria 5
H/2005/0909/F – Mr T Cassidy Approval.
H/2005/0910/F – Mr S McPeake Deferred for an office meeting on the request of Councillor O T Hughes – Criteria 5
H/2005/0915/F – Mr C Reid Approval.
H/2005/0917/O – Mr J McCloskey Deferred for an office meeting on the request of Councillor J Campbell and J Crawford – Criteria 5
H/2005/0921/F – A McKee Approval
H/2005/0923/RM – Mr D McKenna Approval.
H/2005/0932/F – Mrs S R Jones Approval.
H/2005/0935/O – Mr D McAtamney Approval.
H/2005/0939/F – Mr S O’Kane Approval.
H/2005/0944/F – Mr A Sampson Approval.
H/2005/0952/O – Mr T Bell Approval.
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H/2005/0969/F – Mr McIvor Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criteria 5
H/2005/0985/O – Mr J McEldowney Approval.
H/2005/0992/F – Miss D Fulton Approval.
Applications Deferred from Previous Meeting:
H/2003/0515/O – Mr & Mrs M Ferris Refusal to be issued. Council disagreed with decision.
H/2003/0953/O – Mr & Mrs M Brown Refusal to be issued. Council disagreed with decision.
H/2003/1084/O – Ms A Henry Refusal to be issued. Council disagreed with decision.
H/2003/1337/O – G Peeples The Planning Officer reported that the applicant had withdrawn this application.
H/2004/0016/O – Mr G Cassidy Refusal to be issued. Council disagreed with decision.
H/2004/0060/O – Mr & Mrs P McLean Councillor T J Catherwood reported that this application was to be withdrawn.
H/2004/0290/O – Mr R Millar Councillor T J Catherwood reported that this application was to be withdrawn.
H/2004/0363/O – M Cassidy Approval.
H/2004/0394/O – R McCrystal Approval.
H/2004/0418/O – Mrs McErlean The Planning Officer advised that the applicant had withdrawn this application.
H/2004/0430/O – W Speir The Planning Officer advised that the applicant had withdrawn this application.
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H/2004/0455/O – Mr M O’Kane The Planning Officer advised that the applicant had withdrawn this application.
H/2004/0463/O – Mr H Glackin Refusal to be issued. Council disagreed with decision.
H/2004/0546/O – Mr McErlean Refusal to be issued. Council disagreed with decision.
H/2004/0626/O – Mr & Mrs M Cassidy Refusal to be issued. Council disagreed with decision.
H/2004/0630/O – Mr Hurl Councillor G C Shiels reported that this application was to be withdrawn.
H/2004/0631/O – Mr Clarke Refusal to be issued. Council disagreed with decision
H/2004/0639/O – Mr P McGoldrick The Planning Officer advised that this application had been withdrawn by the Agent.
H/2004/0640/O – Mr A Mulholland Refusal to be issued. Council disagreed with decision.
H/2004/0647/O – Mr G Etherson Approval.
H/2004/0653/O – Mr Doyle Refusal to be issued. Council disagreed with decision.
H/2004/0656/O – S Kelly Refusal to be issued. Council disagreed with decision.
H/2004/0661/O – Mr G Bodkin Refusal to be issued. Council disagreed with decision.
H/2004/0662/O – Ms E Walls Refusal to be issued. Council disagreed with decision.
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H/2004/0669/O – J Murphy Refusal to be issued. Council disagreed with decision.
H/2004/0677/O – Mr Cassidy Refusal to be issued. Council disagreed with decision.
H/2004/0688/O – Mr McNally Refusal to be issued. Council disagreed with decision.
H/2004/0708/O – Mr C Cassidy Councillor P J Bateson advised that this applicant was to be withdrawn
H/2004/0720/O – F McKeever Refusal to be issued. Council disagreed with decision.
H/2004/0729/O – M Kilpatrick Refusal to be issued. Council disagreed with decision.
H/2004/0736/O – N Wright Refusal to be issued. Council disagreed with decision.
H/2004/0738/O – Mrs G McKillion Councillor P E Groogan reported that this application was to be withdrawn.
H/2004/0749/O – H & T McGlone Refusal to be issued. Council disagreed with decision.
H/2004/0753/O – D Brown Refusal to be issued. Council disagreed with decision.
H/2004/0754/O – P Dougan Refusal to be issued. Council disagreed with decision.
H/2004/0762/O – Mr D Brown Refusal to be issued. Council disagreed with decision.
H/2004/0765/O – Mr P O’Hagan Refusal to be issued. Council disagreed with decision.
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H/2004/0766/O – Mr A Grant Refusal to be issued. Council disagreed with decision.
H/2004/0767/O – Mr J Shields Refusal to be issued. Council disagreed with decision.
H/2004/0770/O – Mr J McBride Refusal to be issued. Council disagreed with decision.
H/2004/0771/O – B Murphy Councillor I P Milne reported that this application was to be withdrawn.
H/2004/0781/O – P McEldowney Refusal to be issued. Council disagreed with decision.
H/2004/0782/O – A McEldowney Refusal to be issued. Council disagreed with decision.
H/2004/0790/O – R Hurl Refusal to be issued. Council disagreed with decision.
H/2004/0814/O – Planning Direct Refusal to be issued. Council disagreed with decision.
H/2004/0826/O – Mr & Mrs P Cleary Refusal to be issued. Council disagreed with decision.
H/2004/0828/O – E Convery Refusal to be issued. Council disagreed with decision.
H/2004/0834/O – Mr G Speers Refusal to be issued. Council disagreed with decision.
H/2004/0847/F – P Donnelly Refusal to be issued. Council disagreed with decision
H/2004/848/O – Mr T O’Hagan Refusal to be issued. Council disagreed with decision
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H/2004/0849/O – Mr J O’Hagan Refusal to be issued. Council disagreed with decision.
H/2004/0851/O – Mr P O’Hagan Refusal to be issued. Council disagreed with decision.
H/2004/0854/O – Mr J McGarry Refusal to be issued. Council disagreed with decision.
H/2004/0855/O – Mr E McMaster Refusal to be issued. Council disagreed with decision.
H/2004/0858/O – Mr J McMullan Refusal to be issued. Council disagreed with decision.
H/2004/0859/O – Mrs M McMullan Refusal to be issued. Council disagreed with decision.
H/2004/0867/O – Mr A Mawhinney Refusal to be issued. Council disagreed with decision.
H/2004/0869/O – Mr P McGarry Refusal to be issued. Council disagreed with decision.
H/2004/0870/O – Mr A Mawhinney Refusal to be issued. Council disagreed with decision.
H/2004/0896/O – Mr T McShane Refusal to be issued. Council disagreed with decision.
H/2004/0904/O – Miss R Murphy Councillor P J Bateson reported that this application was to be withdrawn.
H/2004/0916/O – D Moore Refusal to be issued. Council disagreed with decision.
H/2004/0919/F – Younger Homes Ltd Refusal to be issued. Council disagreed with decision.
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H/2004/0931/O – Mr W McKelvey The Planning Officer reported that the applicant had withdrawn this application.
H/2004/0940/O – Mr P Cleary Refusal to be issued. Council disagreed with decision.
H/2004/0953/O – P O’Neill Refusal to be issued. Council disagreed with decision.
H/2004/0961/O – J Ewart Refusal to be issued. Council disagreed with decision.
H/2004/0964/O – Cassidy Brothers Refusal to be issued. Council disagreed with decision.
H/2004/0968/O – Cassidy Brothers Refusal to be issued. Council disagreed with decision.
H/2004/0971/O – Mr P Scullion Refusal to be issued. Council disagreed with decision.
H/2004/0975/O – Mr W McMaster Refusal to be issued. Council disagreed with decision.
H/2004/0986/O – D McCloskey Refusal to be issued. Council disagreed with decision.
H/2004/0991/F – Mr P McDaid Refusal to be issued. Council disagreed with decision.
H/2004/0994/O – Mr W Jamison Refusal to be issued. Council disagreed with decision.
H/2004/0996/O – Mrs A McIvor Refusal to be issued. Council disagreed with decision.
H/2004/1021/O – A McCormack Refusal to be issued. Council disagreed with decision.
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H/2004/1025/O – Mr M Gallagher Refusal to be issued. Council disagreed with decision.
H/2004/1029/O – Mr J O’Hagan Refusal to be issued. Council disagreed with decision.
H/2004/1034/O – B Magee Refusal to be issued. Council disagreed with decision.
H/2004/1036/O – Mr B Convery Refusal to be issued. Council disagreed with decision.
H/2004/1038/O – S Mackle Refusal to be issued. Council disagreed with decision.
H/2004/1039/O – W Mulholland Refusal to be issued. Council disagreed with decision.
H/2004/1040/O – J Kelly Refusal to be issued. Council disagreed with decision.
H/2004/1043/O – Mr D Brown Refusal to be issued. Council disagreed with decision.
H/2004/1050/O – Mr S Boyle Refusal to be issued. Council disagreed with decision.
H/2004/1065/F – R O’Donnell Refusal to be issued. Council disagreed with decision.
H/2004/1076/F – Mr F Higgins Refusal to be issued. Council disagreed with decision.
H/2004/1083/O – Mr B Logan Refusal to be issued. Council disagreed with decision.
H/2004/1084/O – Mr P Lagan Approval.
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H/2004/1093/O – Mr T McNamee Refusal to be issued. Council disagreed with decision.
H/2004/1094/O – J McNamee Refusal to be issued. Council disagreed with decision.
H/2004/1095/O – Mr Heaney Refusal to be issued. Council disagreed with decision.
H/2004/1099/O – J O’Brien & Co Refusal to be issued. Council disagreed with decision.
H/2004/1102/O – C Magennis Refusal to be issued. Council disagreed with decision.
H/2004/1107/O – M Holgate Refusal to be issued. Council disagreed with decision.
H/2004/1114/O – Mr J F Hogg Refusal to be issued. Council disagreed with decision.
H/2004/1130/F – Mr M Henry Approval.
H/2004/1138/O – Mr Leyden Refusal to be issued. Council disagreed with decision.
H/2004/1151/F – Mr F Gibson Refusal to be issued. Council disagreed with decision.
H/2004/1159/O – A Kilpatrick Refusal to be issued. Council disagreed with decision.
H/2004/1184/O – Mr J McCullough Refusal to be issued. Council disagreed with decision.
H/2004/1185/O – Mr G Kerr Refusal to be issued. Council disagreed with decision.
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H/2004/1186/O – Mr J Kerr Refusal to be issued. Council disagreed with decision.
H/2004/1196/O – Mr G McAuley Refusal to be issued. Council disagreed with decision.
H/2004/1218/O – A Kelly Refusal to be issued. Council disagreed with decision.
H/2004/1221/O – Mr J Woods Refusal to be issued. Council disagreed with decision.
H/2004/1239/O – A O’Donnell Refusal to be issued. Council disagreed with decision.
H/2004/1251/O – Mr J McGurk Refusal to be issued. Council disagreed with decision.
H/2004/1269/O – Mr S McGlone Refusal to be issued. Council disagreed with decision.
H/2004/1270/O – Mr L McGlone Refusal to be issued. Council disagreed with decision.
H/2004/1275/O – D Houston Refusal to be issued. Council disagreed with decision.
H/2004/1283/O – N Smyth & W Lawrence Refusal to be issued. Council disagreed with decision.
H/2004/1310/O – Mrs K McGuigan The Planning Officer advised that this application had been withdrawn by the Agent.
H/2004/1329/O – Mr B O’Kane Refusal to be issued. Council disagreed with decision.
H/2004/1343/O – Mr N Stewart Councillor T J Catherwood advised that this application was to be withdrawn.
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H/2004/1354/O – A Mawhinney The Planning Officer advised that this application had been withdrawn by the Agent.
H/2004/1368/O – Mr J Morgan Refusal to be issued. Council disagreed with decision.
H/2004/1369/O – N McKenna Councillor P E Groogan pointed out that the reasons for refusal had changed.
The Planning Officer apologised for the error and explained that the reason for refusal was Contrary to DES 5 – Lack of integration.
Refusal to be issued. Council disagreed with decision.
H/2004/1374/O – Ms C Gray Refusal to be issued. Council disagreed with decision.
H/2004/1384/O – D Bolton The Planning Officer advised that this application had been withdrawn by the applicant.
H/2004/1396/O – S Lynn The Chairman, Councillor J F Kerr reported that this application was to be withdrawn.
H/2004/1408/O – Mr D McClelland Councillor G C Shiels reported that this application was to be withdrawn. He said that after a site meeting the feeling was good on the evidence provided. However the Planning Opinion to refuse was in his opinion discrimination on an individual basis. He said that the proposed was a modest development in comparison to other mansions built throughout the country.
H/2004/1409/O – Mr G Bodkin Approval.
H/2004/1420/O – Mr K O’Neill Refusal to be issued. Council disagreed with decision.
H/2004/1438/O – Mr W Barfoot Refusal to be issued. Council disagreed with decision.
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H/2004/1452/F – Mr F Ferran Councillor Miss K A Lagan enquired from the Planning Officer if amended plans had been received.
The Planning Officer replied that amended plans had not been received.
Councillor Miss Lagan then said that the application would be withdrawn.
H/2004/1477/O – Mr A McKeown The Planning Officer reported that the applicant had withdrawn this application.
H/2004/1493/O – R Rae Approval.
H/2004/1499/O – N Kavanagh Approval.
H/2004/1511/O – D O’Neill Refusal to be issued. Council disagreed with decision.
H/2004/1576/O – Mr P McGovern Refusal to be issued. Council disagreed with decision.
H/2004/1584/O – Mr W Rea Refusal to be issued. Council disagreed with decision.
H/2005/0028/F – Invest Northern Ireland Approval.
H/2005/0074/O – S Gribben The Planning Officer advised that the applicant had withdrawn this application.
H/2005/0075/O – Mr S Overend Approval.
H/2005/0154/O – B Molloy Refusal to be issued. Council disagreed with decision.
H/2005/0208/O – Mr & Mrs H T Armstrong Refusal to be issued. Council disagreed with decision.
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H/2005/0272/O – Mr T McAllister Refusal to be issued. Council disagreed with decision.
H/2005/0295/O – Mr P McKenna Refusal to be issued. Council disagreed with decision.
H/2005/0454/O – Mr E McGovern Refusal to be issued. Council disagreed with decision.
H/2005/0564/O – Mr D Whyte Councillor T J Catherwood stated that he had requested a site meeting for this application and that an office meeting was still outstanding. The Planning Officer said that she would check the matter out before issuing a decision.
The Planning Officer, in reply to Councillor T J Catherwood, said that applicants and agents had until Friday 11 November 2005 to withdraw an application before refusals were issued.
It was
PROPOSED by Councillor P McLean, Seconded by Councillor J Crawford, and
RESOVLED: that the Council reluctantly agreed to concur with the Planning Manager’s report dated 8 November 2005.
9.2 Submitted the following letters from the Divisional Planning Service advising that Planning Appeals had been lodged and setting out the Department’s view to refuse planning permission:
1. Letter dated 16 September 2005 in respect of an application from Vodafone UK Limited for the installation of telecommunications apparatus to include a 12m high Racal streetpole, etc approximately 120m East of the junction of the Creagh Road and Airfield Road, Toomebridge (copy circulated to each Member).
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2. Letter dated 11 October 2005 in respect of an application from Mr W Garvin for a housing development on lands West of Tamandeese Road, Castledawson, accessing off Magherafelt Road and Tamnadeese Road (copy circulated to each Member).
Noted.
10. ENVIRONMENTAL Submitted report for the month of October HEALTH 2005 (copy circulated to each Member). The DEPARTMENT following matters were taken into consideration:
196/11/2005 10.1 The Poisons (Northern Ireland) Order 1976 The Poisons Regulations (NI) 1983: Mr Burrows recommended that the names as set out in the report be retained in the Register of Persons entitled to sell poisons as listed in the schedule to the Poisons List Confirmation Order (NI) 1983.
10.1.1 On consideration it was
PROPOSED by Councillor P McLean Seconded by Councillor J Crawford, and
RESOLVED: that the following persons names be retained in the Register of Persons entitled to sell poisons:-
1 Toners Supermarket, 16 Coleraine Road, Maghera 2 Toners Supermarket, 19-21 Main Street, Castledawson 3 Toners Supermarket, Diamond Shopping Centre, Market Street, Magherafelt 4 Toners Supermarket, 26 High Street, Draperstown 5 Joseph Drennan, 41 Main Street, Tobermore 6 Mid Ulster Garden Centre, 34 Station Road, Maghera 7 Noones Maghera, 92 Main Street, Maghera 8 H H Graham & Son, 17-19 Main Street, Bellaghy 9 Pound Shop, 26 Rainey Street, Magherafelt 10 Pound Shop, 6 Coleraine Road, Maghera 11 Swatragh Filling Station, 18 Moneysharvin Road, Swatragh 12 J C Stewart, 1 Union Road, Magherafelt 13 Dunnes Stores, Meadowlane Shopping Centre, Moneymore Road, Magherafelt
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14 John McConnell, 42 Cahore Road, Draperstown 15 A Scott & Son Ltd, 2-4 Main Street, Maghera 16 R Crawford & Co, 18-22 Main Street, Maghera 17 NCCE Ltd, Garvagh Road, Swatragh 18 A C Stanley, 8 King Street, Magherafelt
10.1 The Food Law Enforcement Audit Mr Burrows said that since its inception the Food Standards Agency (FSA) had been carrying out audits of the Food Services being provided by District Council Environmental Health Departments. At the beginning of the year it was recognised that Magherafelt was one of the few remaining Councils which had not yet been audited by the FSA. It was therefore considered prudent that some form of external audit would be beneficial at this time, ahead of any proposed FSA audit . Northern Group Systems was requested to carryout an audit based on the experiences of previous FSA Audits. Mr Burrows explained that the audit was conducted on 28 June 2005 and a report was received on 26 October 2005. Although in general it was found that the food service was operating effectively, the report did contain a number of recommendations. Most of the recommendations contained administration and internal monitoring of the service and any such recommendations would be dealt with when time permitted.
Mr Burrows pointed out that the increased administration and monitoring required by the FSA meant that Food Officers were finding it more difficult to carry out inspections and visits. This, he said, was backed up by the comments from the Group Staff that there was a shortfall in food service resources equating to 0.7 FTE.
Noted.
10.3 It was
PROPOSED by Councillor J P O’Neill Seconded by Councillor P McLean, and
RESOLVED: to adopt the remainder of the report, which was for the information of Members.
11. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of October 2005 (copy circulated to DEPARTMENT each Member).
322/11/2005
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Development Services:
11.1 Ballymaguigan Community Development Association Mr Johnston advised the members that Ballymaguigan Community Development Association had approached the Council seeking funding to help support the development of a walk going from the Water Treatment Plant at Waterfoot Road to the mouth of the Moyola River (where it enters Lough Neagh). Mr Johnston advised that this ground was currently owned by the Water Service who had given the Community Association authority to develop the route, subject to the conditions as outlined in his report. He stated that in normal circumstances a group would approach the Council to fund such a project through the Access to the Countryside Scheme, whereby the Environment and Heritage Service would fund up to 75% of the cost associated with the project and the Council would contribute the remaining 25%. The Environment and Heritage Service had however suspended all grants until April 2006. Mr Johnston stated that they were in fact reviewing this programme and the officers had been advised that the Access to the Countryside Grants might come back on-stream following this review. In the meantime, Ballymaguigan Community Development Association had submitted an application to the Lough Neagh Partnership requesting 75% of the total costs. This proposal would entail the Council providing 20% of the funding with Ballymaguigan Community Development Association making up the remaining 5%. Mr Johnston stated that if the Council agreed to fund this project the route would have to be investigated with a view to it being asserted as a public right-of-way. The Community Association would have also to agree to insure the route and indemnify the Council against all liability, claims, etc. associated with the route.
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1.1.1 It was
PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes, and
RESOLVED: that the Council would support Ballymaguigan Community Development Association develop a walk, stretching from the Water Treatment Plant at the Waterfoot Road to the mouth of the Moyola River where it enters Lough Neagh, by providing 20% of the funding (£6,157.50) on condition that the route is asserted as a public right-of-way, that the route is insured by Ballymaguigan Community Development Association and the Association also provide a letter indemnifying the Council against all liability, claims, etc. associated with the construction, maintenance and use of the route.
11.2 Highway to Health Walk, Maghera Mr Johnston advised that Mr Derek Sweetnam from the Chest, Heart and Stroke Association had approached the Council regarding proposals to development a health walk around Maghera. The purpose of this walk would be to encourage people that normally do not take much exercise to start walking, and indeed the Leisure Centre when they became more confident. He stated that Mr Sweetnam requested that the Council consider funding this project at a cost of £1,264.00.
11.2.1 Mr Johnston pointed out that if the Council did agree to this request he would recommend that it be subject to all insurance issues being addressed in accordance with Council policy.
11.2.2 Councillor Miss K A Lagan added that this was a very worthy project and it was difficult to find a route to walk around Maghera unlike Magherafelt. She also pointed out that part of this walk had poor lighting and there was also a need for hedges to be cut and trimmed back.
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11.2.3 On consideration it was
PROPOSED by Councillor Miss K A Lagan Seconded by the Chairman, Councillor J F Kerr, and
RESOLVED: that the Council contributes £1,264.00 to the Chest, Heart and Stroke Association to allow them develop a health walk around Maghera, on condition that the proposed route be approved by Council prior to the implementation of the project.
11.3 Magherafelt Arts Trust Mr Johnston advised that Magherafelt Arts Trust would be holding a series of photography workshops with a view to starting a photography club in the New Year. He stated that Appendix 4 to his report gave details of these workshops, lectures, etc. Mr Johnston stated that this was the positive side of this report. On the negative side he advised that during the last few months the attendance of members at Arts Trust Meetings had been very poor. He stated that there had recently been four meetings scheduled with a quorum being reached on only one occasion. Due to this situation, he was led to believe that it had become increasingly difficult to approve invoices for payment, and make decisions on forthcoming planned events.
11.3.1 This year the Arts Trust had organised more events than on any other year, public attendance at these events had been very encouraging, and as a stand-alone organisation, the Arts Trust could obtain funding which was not available to the Council. Mr Johnston pointed out that the Arts Trust did however receive the majority of its funding from Magherafelt District Council and therefore he felt that it was appropriate for the Council to be concerned if they could not operate as “an arm of the Council”.
11.3.2 Mr Johnston suggested at this point that it might be appropriate to allow the Arts Trust a period of time to see if they could resolve this situation. If this did not materialise then he felt the Council might have little alternative but to again take over the functions currently being undertaken by the Arts Trust, basically on behalf of the Council.
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11.3.3 Councillor G C Shiels was of the opinion that the situation could be resolved regarding attendances. He said that two of the members who regularly attended the meetings had been absent recently due to special circumstances.
11.3.4 The Chairman, Councillor J F Kerr added that recently had not been able to attend many meetings due to the fact that the dates coincided with other duties.
11.3.5 Mr Johnston suggested that it might be appropriate at present just to allow more time to see if this problem could be resolved.
11.3.6 It was
PROPOSED by Councillor G C Shiels Seconded by the Chairman, Councillor J F Kerr, and
RESOLVED: that the Magherafelt Arts Trust would be given a number of months in order to resolve the situation regarding the non attendance of members at Arts Trust Meetings.
Community Relations:
11.4 Request for donations Mr Johnston stated that there were two requests for donations from the Council. He stated that with regard to these requests he had to advise the members that Community Relations had no money to respond to them and therefore it might have been appropriate to have them included on the agenda under Financial Contributions as they were requests for Council funding. They had however been submitted to the Community Relations Department and therefore he would proceed to highlight the issues raised and the Members could then decide how they wished to address them.
11.4.1 Mr Johnston stated that the first request was from Race Against Multiple Sclerosis (RAMS). He stated that this organisation was not funded by the Government and had to raise the necessary £75,000 per annum that was required to keep their Therapy Centre in Dunmurray open. Mr Johnston advised that last year Magherafelt District Council gave a donation of £750 to this organisation.
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He had however to point out that this year the Council had already donated £750 to another Multiple Sclerosis group and therefore he felt that Mr Tohill, Director of Finance and Administration may wish to comment on this matter.
11.4.2 The Director of Finance and Administration stated that the Council in the past had normally supported this Multiple Sclerosis organisation as it had been attended by a former Council employee. In the past this former employee had attended RAMS but had now changed to a more locally based group. The Council had therefore donated £750 to this group.
11.4.3 There followed a debate as to whether or not it would be appropriate for the Council to support two Multiple Sclerosis groups.
11.4.4 It was
PROPOSED by Councillor P McLean Seconded by Councillor I P Milne, and
RESOLVED: that on this occasion the Council would donate £200 to Race Against Multiple Sclerosis (RAMS).
11.4.5 Mr Johnston stated that the second request was from the Cookstown Christian Churches’ Forum. He advised that this request was for a donation to help them fund a community service of thanksgiving, remembrance and hope for families and friends affected by suicide in the Mid-Ulster area. He stated that the service would be held in the Burnavon Arts and Cultural Centre, Cookstown on Sunday 4 December 2005. The cost of the community service was estimated to be £1,500 and it seemed that Cookstown Council had promised £500 towards this cost. He also stated that the Cookstown Christian Churches’ Forum had been in contact with Dungannon Council for similar funding but as yet had not received a response.
11.4.6 Councillor O T Hughes proposed that the Council donate £500.
11.4.7 There followed a dicussion as to how the Council should address this matter with the overall view being that the Council could find itself obliged to contribute to any Church or Christian Forum/Event if the Members were to agree to this request.
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11.4.8 Councillor Hughes then withdrew his proposal.
11.4.9 It was
PROPOSED by Councillor P McLean Seconded by Councillor Mrs E A Forde, and
RESOLVED: that on this occasion the Council would not contribute to Cookstown Christian Churches’ Forum regarding a community service in the Burnavon Arts and Cultural Centre, Cookstown on Sunday 4 December 2005 and that an appropriately compassionate letter would be sent to the Forum stating the Council’s position regarding this matter.
11.5 Proposed Country Concert Mr Johnston advised that the officers proposed to hold a Country Concert in the Greenvale Leisure Centre, Magherafelt in February 2006, that this was in response to public demand. He stated that the cost of this concert should not exceed £2,500.
11.5.1 On consideration it was unanimously
RESOLVED: that in response to public demand the Council would hold a Country Concert in the Greenvale Leisure Centre, Magherafelt in February 2006.
11.6 The Chairman, Councillor J F Kerr congratulated all the staff that had been involved in any with the Halloween activities and requested that they be thanked for their hard work.
Noted.
Leisure Services
11.7 Mr Johnston advised the members that total income for Leisure Services for the month of October showed an increase of 9% when compared with the corresponding month of last year, with an actual income of over £77,000 being recorded. He stated that whilst all centres had performed well, the performance of Maghera Leisure Centre was however well worth a particular mention, with over £25,000 of income being recorded.
11.7.1 Mr Johnston advised that the remainder of the Leisure Services report was for the information of the members.
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Technical Services:
11.8 Vandalism Mr Johnston stated that the Technical Services report contained the usual list of vandalism with toilets again seeming to attract this totally unacceptable type of behaviour. He did however feel that it was necessary to refer the Members to two particular incidents that took place during the month. He advised that Council staff were abused when they attempted to deal with bonfire material from sites in Clady and Castledawson. At Clady a Council Official taking photographs of dumping at this site had been approached by a local resident and told that any Council vehicle entering the site to remove bonfire material would be burnt. At Castledawson Council workmen removing the remains of a partly burnt bonfire at Riverside were approached by a number of youths and advised not to return.
11.8.1 Mr Johnston stated that he felt this was totally unacceptable behaviour towards Council employees who were basically carrying out their duties on behalf of the Council.
11.9 Marie Curie Cancer Care Mr Johnston advised that Marie Curie Cancer Care was seeking approval to establish a ‘Field of Hope’ using 8,000 daffodil bulbs in the Magherafelt area. He stated that in his opinion a suitable site would be at Polepatrick Park/Cemetery, and with Council approval it was hoped that local Primary Schools, assisted by Council workmen could begin to plant out this area. Mr Johnston stated that the organisation was also seeking permission to erect a suitable information plaque at this site.
11.9.1 On consideration it was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J P O’Neill, and
RESOLVED: that the Council agree to the Marie Curie Cancer Care establishing a ‘Field of Hope’ using 8,000 daffodil bulbs at Polepatrick Park/Cemetery, and that the organisation would also be given permission to erect a suitable information plaque at this site.
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11.10 Bi-Lingual Road/Street Nameplates Mr Johnston advised the Members that he had received requests from residents living in Grillagh Hill, Maghera for the Council to erect bi-lingual nameplates on this road. He stated that if the Council agreed to this request it would be necessary for the Council to consult with all the residents living on this road regarding this matter.
11.10.1 On consideration it was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor I P Milne, and
RESOLVED: that the Council would consult with all the residents living in Grillagh Hill regarding the erection of bi-lingual nameplates on this road.
11.11 Mr Johnston stated that this concluded the report. He asked permission to raise a number of additional items. This was agreed by the Chairman.
11.12 Christmas Grant Applications (a) Desertmartin Community Association Mr Johnston advised the Members that Desertmartin Community Association had applied to the Council for a grant towards the provision of a Christmas tree and illuminations in the village of Desertmartin, for Christmas 2005. He had however to remind the Members that last year it had been agreed that Community Groups that had received funding from the Council towards the provision of Christmas decorations would be required to submit receipts, covering the total amount of money allocated, otherwise the shortfall would have to be refunded to the Council. Mr Johnston confirmed that Desertmartin Community Association had not adhered to these conditions, and therefore, he felt it was appropriate, before the Council would award this year’s grant allocation to any Community Association, they should be required to adhere to the conditions as agreed by Council regarding grant allocations for Christmas 2004, that basically a Community Group should be required to submit receipts or return the shortfall of funding that was not covered by receipts regarding the Christmas 2004 grant, before being awarded a Christmas 2005 grant.
39 11.12.1 Councillor P McLean suggested that when this situation arose the Community Association should be written to and a copy sent to the relevant Councillors for the area.
11.12.2 It was
PROPOSED by Councillor P McLean Seconded by Councillor Mrs E A Forde, and
RESOLVED: that the Council would only provide Christmas 2005 grant allocations to Community Groups that had adhered to Council policy regarding the submission of receipts/return of funding for the previous year’s grant allocation, that those in default would be advised of this fact in writing when they submitted an application for the 2005 Christmas grant allocation, and that this letter would be copied to the relevant Councillors for the area.
(b) Curran Development Association Mr Johnston advised that Curran Development Association had also applied for a Christmas grant allocation for the year 2005. He stated that this Association had adhered to Council policy with regard to the submission of receipts/return of funding and therefore he recommended that they be awarded the Christmas grant allocation for 2005.
11.12.3 It was
PROPOSED by Councillor G C Shiels Seconded by Councillor J Crawford, and
RESOLVED: that the Council would award Curran Development Association the Christmas grant allocation for 2005.
11.13 Waste Management Grant Scheme Mr Johnston advised the members that the Environment and Heritage Service (EHS), commenting on a NILGA press release regarding the Waste Management Grant Scheme, were stating that 2006/2007 would be the last year of the Waste Management Grant Scheme through which the EHS provide support to Councils to meet their Waste Recycling Targets.
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He stated that in line with what they describe as their priorities the EHS had also made a cut of 30% to the Waste Management Grant Scheme for 2006/2007. Mr Johnston stated that it seemed that the EHS were of the opinion that as the current review of the Waste Management Strategy for Northern Ireland would be completed in 2006, along with a review of the Council’s Waste Management Plans, this was a time of transition during which the Waste Infrastructure Task Force, already set up by the Department, would work with all stakeholders including Councils, to identify how the £300,000,000 of major infrastructure required to meet the European Union Regulations could be supported. Noted.
11.14 Invitation towards Resource Management Mr Johnston stated that the Northern Ireland Strategic Waste Management Partnership, supported by the Department of the Environment, were inviting members/officers from District Councils to attend a consultation event to consider the proposals contained in the new draft Waste Management Strategy for Northern Ireland, the consultation event to be held at the Burnavon Arts Centre, Cookstown on Tuesday 29 November 2005 starting at 9.30am and ending at 3.30pm. He stated that the event would be free for Councillors and officers to attend and that a fork buffet lunch would be provided.
11.14.1 It was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor G C Shiels, and
RESOLVED: that each party would nominate a member to represent them at the consultation event for District Councils, regarding the new draft Waste Management Strategy for Northern Ireland, to be held at the Burnavon Arts Centre, Cookstown on 29 November 2005.
13.7 It was
PROPOSED by Councillor P J O’Neill Seconded by Councillor P J Bateson, and
RESOLVED: to adopt the report as submitted.
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14. CIVIL PARTNERSHIPS Consideration was given to the Draft Civil Partnership Regulations and ancillary matters preceding the commencement of the legislation on 5 December 2005 (copy circulated to each Member).
14.1 Mr Tohill explained that whilst the procedures were set out in the document the Council had to decide on venues, fees, etc. and any objections by Councillors would be noted. He suggested that individuals who were seeking to register a Civil Partnership should be afforded the same facilities as those individuals who were seeking to register a Civil Marriage. In particular Mr Tohill advised the Members that this would mean that Civil Partnerships would be registered in the same rooms within the Council’s Administrative building as Civil Marriages. Mr Tohill also informed the Members that provision needed to be made for the Council to approve places, other than the Council Offices, for the registration of Civil Partnerships. He suggested that the Council adopt the same procedures and fees for such approvals as were currently in place for the approval of places for Civil Marriages. Finally, Mr Tohill advised the Members that the Council had to formally designate a Registrar and Deputy Registrar of Civil Partnerships. He sought permission for the Chief Executive to consider this matter and make the necessary staffing arrangements.
14.2 Councillors P McLean, T J Catherwood and Mrs E A Forde requested to be recorded as being opposed because of the teachings of Scripture.
14.3 The Chairman, Councillor J F Kerr said that he accepted the Councillors’ reason but knew that there were others with a different view.
14.4 Councillor Miss K A Lagan suggested that the Council comply with the legislation.
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14.5 It was
PROPOSED by Councillor Miss K A Lagan Seconded by the Chairman, Councillor J F Kerr, and
RESOLVED: that the Council accept the officers recommendations and afford individuals seeking to register Civil Partnerships the same facilities as those seeking to register Civil Marriages and that the Chief Executive be given authority to make the necessary staffing arrangements.
It was further resolved that the same fees and procedures for the registration of approved venues for Civil Partnerships be adopted as were currently in operation for approved venues for Civil Marriages.
15. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of November 2005 (copy circulated to each 11/2005 Member).
15.1 The schedule provided for £562.483.01 out of the Revenue Account and £239,025.35 out of the Capital Account.
15.2 It was
PROPOSED by Councillor T J Catherwood Seconded by Councillor J P ‘Neill, and
RESOLVED: that the Statement of Accounts as submitted for November 2005 be approved.
16. MOBILE TELEPHONES Mr Tohill explained that quotations had been FOR COUNCILLORS received from four potential suppliers, that is, BT Mobile, Barclays Communications, Netcom and Northern Ireland Business Communication. He further advised that given the topography of the District and the distribution of mobile communication masts therein, the officers had found that neither Orange nor T-Mobile offered anything approximating a comprehensive signal strength throughout the District. This effectively meant that the four potential suppliers had to restrict their bids to either an O2 or Vodafone proposal.
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Of the four, three recommended the same basic Best for Business Tariff on the O2 Network while the fourth, that is, NIBC felt that it was unable to offer a competitive quotation on the O2 Network.
16.1 Mr Tohill advised the Members that there was little between the three quotations for the O2 proposal but that when all the quotations were analysed in terms of line rental, equipment provision and, where relevant, other allowances the most competitive proposal had been received from the Council’s existing supplier BT Mobile. Mr Tohill advised the Members that the basic elements of the BT Mobile proposal was a £5 per month line rental, discounted by three months, plus 25% discount on the Best for Business call charges, plus new handsets for all users, plus £600 equipment credit (all amounts exclusive of VAT) for a one year agreement.
16.2 On consideration it was
PROPOSED by Councillor J J McPeake Seconded by Councillor P E Groogan, and
RESOLVED: that the Council adopt the recommendation of the Director of Finance and Administration and enter into a twelve months contract with BT Mobile as explained by the officer.
17. ECONOMIC Amendment to Minutes – August 2004 DEVELOPMENT 17.1 The Chief Executive explained that it had come to Officers’ attention that there had been an omission in the recording of the Minutes of August 2004 in connection with grant funding awarded for Youth Projects. In May 2004 young people made presentations to the Council on the proposed “U Award Scheme”.
The three categories of award proposed were:
• Tree Giving Award • International Award • Personal Development Award
At the August meeting Mr McCarney reported that the sum involved for the Award Scheme was £8,510.
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17.2 A further funding request was also made for a Citizenship Programme and MAP had requested a budget of £800 per project team to spend on the chosen community project decided by the young people. At that meeting Mr McCarney explained that there were four project teams and said that the management and responsibility of a significant budget was a very important part of the development of these young people whom many considered worthless and trouble-makers.
17.3 MAP had requested the Council to approve £8,510 for the Youth Award Scheme and £3,200 for Project Grants for the Citizenship Programme giving a total of £11,710. This had actually happened but was omitted from the Minutes.
17.4 On consideration it was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor G C Shiels, and
RESOLVED: that the Minutes of August 2004 be accordingly amended to include the approval of the payment of £8,510 for the Youth Award Scheme and £3,200 for Project grants for the Citizenship Programme and that the award must include retrospective approval for £5,100 of Council funding spent since October 2004.
18. FINANCIAL Submitted the following requests for financial CONTRIBUTIONS contributions:
18.1 Magherafelt Primary School: Submitted letter from the Chairperson of Magherafelt Primary School Parent Support Group dated 4 October 2005 seeking funding towards the cost of producing a 2006 calendar to be sold in aid of school funds (copy circulated to each Member).
18.1.1 The Chief Executive advised that this request was outside the remit of the Council.
18.1.2 Accordingly Members agreed to mark the letter “read”.
18.1.3 Councillor P McLean requested that the Council write to the school advising them of the Council’s decision.
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18.2 The Somme Association: Submitted request from the General Manager dated 11 October 2005 requesting the Council’s yearly ‘Friends of the Somme’ subscription (copy circulated to each Member).
18.2.1 On consideration it was
PROPOSED by Councillor G C Shiels Seconded by Councillor P McLean, and
RESOLVED: that the Council make its annual contribution to the Somme Assocation of £350 plus VAT, giving a total of £411.25.
18.3 Magherafelt Ploughing Society: The Chief Executive submitted an additional letter from the Secretary, Magherafelt Ploughing Society seeking a contribution towards the organising of the Annual Ploughing Match to be held on Saturday, 26 November 2005 (copy handed out to each Member).
18.3.1 On consideration it was
PROPOSED by Councillor T J Catherwood Seconded by Councillor G C Shiels, and
RESOLVED: that the Council make a contribution of £200 towards this event.
19. CONFERENCES Consideration was given to the nominating of AND COURSES delegates to attend the following:
258/11/2005 19.1 Northern Ireland Building Control Convention: To be held on 24 and 25 November 2005 in the Canal Court Hotel, Newry (details circulated to each Member). The full individual rate for the Convention was £199 which included the B&B for one night (24 November) plus Convention dinner, lunches, coffees and Convention papers.
19.1.2 On consideration it was
PROPOSED by Councillor O T Hughes, Seconded by Councillor P McLean, and
RESOLVED: that the Director of Building Control, Mr W J Glendinning attend the Convention,
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19.1.3 It was further stated that the Council’s two representatives on the Northern Group Building Control Committee would be attending and the fees would be paid by the Group Committee.
19.2 NILGA – Towards Resource Management: Submitted details of the Consultation Event for District Councils which was being held in the Burnavon Arts Centre, Cookstown on 29 November 2005 (details circulated to each Member).
The Chief Executive advised that nominations to this conference had been considered during the Operational Service’s Report.
Noted.
19.3 Rating Reform Conference: Submitted details of the Rating Reform Conference to be held on Monday, 5 December 2005 at The Park Avenue Hotel Belfast. The day delegate charge being £49 plus VAT for the first three delegates and the fourth delegate being free (details handed out to each Member).
19.3.1 The Chief Executive suggested that the Council nominate one Member from each political grouping within the Council (4 Members) and that they advise him of the names as soon as possible.
19.3.2 On consideration it was
PROPOSED by Councillor J J McPeake Seconded by Councillor J P O’Neill, and
RESOLVED: that each political grouping nominate one Member to attend the Rating Reform Conference and contact the Chief Executive’s office advising who would be attending.
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20. FUTURE MEETING On consideration it was ARRANGEMENTS PROPOSED by Councillor P McLean Seconded by Councillor J Crawford, and
RESOLVED: that Council Meetings during December 2005 and January 2006 would be held on Tuesday, 13 December 2005 at 7.30 and would be put back in January until Tuesday, 17 January 2006 at 7.00 pm in order to allow for the Christmas holiday period.
20.1 It was further
PROPOSED by Councillor P McLean Seconded by Councillor J J McPeake, and
RESOLVED: that presentations from Roads Service and Water Service be arranged for the 17 January 2006 meeting.
21. CONSULTATION Submitted the following consultation documents: DOCUMENTS (a) Letter. Draft Priorities and Budget 2006-08 19511/2005 and the Secretary of State’s Newsletter seeking views by Monday, 5 December 2005 (copy circulated to each Member).
Members noted that the Draft Budget proposals included a number of references pertinent to District Councils, in particular the Government’s intention to reduce the resources element of the General Exchequer Grant.
On consideration it was
PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and
RESOLVED: that the Chief Executive should write a letter of response to the consultation highlighting this and a number of other points pertinent to District Councils.
(b) Draft Planning Reform (Northern Ireland) Order prepared by the Department of the Environment seeking comments by 23 December 2005.
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(c) Proposal for a Draft The Rates (Capital Values, Etc) (Northern Ireland) Order 2005 and Consultation Report on Non-Domestic Charitable Exemptions and Reliefs from Rate Liability in Northern Ireland seeking comments by 30 December 2005.
(d) Recommendations to DARD for a Renewable Energy Policy seeking comments by 31 December 2005.
(e) Proposal for a Draft Road Traffic (Northern Ireland) Order 2006 prepared by the Department of the Environment seeking comments by 12 January 2006.
(f)“Towards Resource Management” - consultation for a New Waste Management Strategy prepared by the Environment and Heritage Service seeking comments by 20 January 2006.
(g) “Recoupment of Drainage Infrastructure Costs” – consultation on a proposed policy for charging prepared by the Department of Agriculture and Rural Development seeking comments by 20 January 2006.
(h) Proposal for a Draft Private Tenancies Order 2006 prepared by the Department of Social Development seeking comments by 27 January 2006.
21.1 It was agreed that if any Member or party grouping wished to make comments on any of the documents they should forward them to the Chief Executive who would then arrange to have them sent on the appropriate body.
22. NOTICE OF MOTION Councillor O T Hughes stated that before discussion took place on this motion the Council 212/11/2005 should proceed “In Committee” as this was a very serious matter which could proceed to Court.
22.1 The Chairman commented that he was considering whether the substance of the motion was to rescind a previous Council decision.
22.2 Councillor J Campbell was of the opinion that the Council’s decision had to be brought forward.
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22.3 The Chief Executive asked Councillor Campbell to define the wording in the motion “whatever steps”.
22.4 Councillor J Campbell read the motion as follows:
“That this Council takes whatever steps necessary to challenge the Planning Service on what we believe is a breach of EU legislation with regard to the sequencing of the Magherafelt Draft Area Plan.”
22.5 The Chief Executive then stated that the point raised by Councillor O T Hughes at the beginning of this discussion was very relevant.
22.6 Councillor P E Groogan seconded Councillor Hughes’ proposal to proceed “In Committee”.
22.7 Councillor P McLean called for an adjournment for ten minutes to allow Councillors to consider the next steps.
The meeting was adjourned at 9.15 pm.
The meeting reconvened at 9.25 pm.
22.8 On reconvening the meeting the Chairman put Councillor Hughes’ motion to the meeting that the Council should proceed “In Committee”.
22.9 On a vote being taken on Councillor Hughes’ proposal, 2 Members voted for, 1 Member voted against, 12 Members abstained. Voting being by show of hands. The Chairman declared Councillor Hughes’ motion carried.
Council “In Committee”
23. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
RESOLVED: that proceedings be resumed in “Open Council”.
Proceedings in “Open Council”
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It was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
RESOLVED: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
24. WATER (NI) ORDER Submitted letter and copies of applications made 1999 under the Water (Northern Ireland) Order 1999 by: 280A/11/2005 1 BJD Construction for consent to discharge effluent to a waterway arising from two sites to the rear of 20 Oldtown Road, Bellaghy (copy circulated to each Member).
2 Mr Fred Lennox for consent to discharge effluent to a waterway arising from two dwellings, South-East of 4 Dunglady Road, Upperlands (copy circulated to each Member).
3 Mr Liam O’Kane to consent to discharge effluent to a waterway arising from two sites 530m North East of Drumlamph Road/Hillhead Road junction, Magherafelt (copy circulated to each Member).
24.1 On consideration it was agreed that the Council offer no comments on these applications.
25. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor P McLean Seconded by Councillor T J Catherwood, and
RESOLVED: that the Council proceed “In Committee”.
Council “In Committee”
26. STAFF MATTERS This item was taken “In Committee”.
27. LEGAL MATTERS This item was taken “In Committee”.
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28. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
RESOLVED: that proceedings be resumed in “Open Council”.
Proceedings in “Open Council”
It was
PROPOSED by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
RESOLVED: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
29. SEALING OF The Seal of the Council is hereby affixed to the DOCUMENTS following document:
29.1 Grant of Right of Burial – Plot A80 to Mrs Phyllis Savage, 21 Sandy Braes, Magherafelt – deceased Mr Raymond Thomas Moir Savage.
30. ITEMS FOR The following items were submitted for the INFORMATION information of Members:
(a) Minutes of the 371st Meeting of the North- Eastern Education and Library Board held on Tuesday, 27 September 2005.
(b) Minutes of the Northern Health and Social Services Council held on Wednesday, 7 September 2005.
(c) Minutes of the 39 th Meeting of the Lough Neagh Advisory Committee held on Wednesday, 14 September 2005.
(d) Minutes of the 39 th Meeting of the Lower Bann Advisory Committee held on Thursday, 15 September 2005.
(e) Report of the Northern Health and Social Services Board – October meeting.
(f) Travel Survey for Northern Ireland 2002-2004 (copy circulated to each Member).
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(g) Copy of the Department of Health, Social Services and Public Safety’s “Tackling Violence at Home” – A Strategy for Addressing Domestic Vilence and Abuse in Northern Ireland and the associated Action Plan.
(h) Copy of the Department of Health, Social services and Public Safety’s “Caring for People Beyond Tomorrow” – A Strategic Framework for the Development of Primary Health and Social Care for Individuals, Families and Communities in Northern Ireland.
(i) Copy of “Guide to the Strategic Environmental Assessment Directive” published by the Office of the Deputy Prime Minister.
(j) Annual Reports:
1) Ballymena Branch of the Samaritans 2) Roads Service 3) Public Appointments published by the Office of the First Minister and Deputy First Minister.
The meeting concluded at 10.30 pm.
CHIEF EXECUTIVE
The foregoing Minutes are hereby Confirmed.
______(Chairman)
______(Date)