DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 15 January, 2002. The meeting commenced at 7.30 pm.

Presiding: O. T. Hughes

Other Members Present: R. A. Montgomery T. J. Catherwood J. Junkin J. J. Kelly, MLA J. F. Kerr Miss K. A. Lagan J. A. McBride Rev. Dr. R. T. Wm. McCrea, MLA P. H. McErlean P. McLean (joined the meeting at 7.35 p.m.) H. E. Mullan S. O’Brien J. P. O’Neill G. C. Shiels

Apology: P. E. Groogan

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 (Acting District Chief Building Control Officer) T. J. Johnston (Director of Operations) Mrs. A. Junkin (Chief Executive’s Secretary)

Representatives from Other Roads Service – Western Division Bodies in Attendance: Mr. P. Doherty – Acting Divisional Manager Mr. K. Monaghan Mr. J. McRobert

Planning Service Mr. B. Hillon Mr. C. McIlwaine Mr. J. Coates Mr. A. Speirs

1. MINUTES It was

PROPOSED by Councillor P. H. McErlean, Seconded by Councillor J. J. Kelly, and

RESOLVED: that the Minutes of Meeting of the Council held on Tuesday, 11 December, 2001 (copy circulated to each Member) be taken as read and signed as correct. 2

2. MATTERS ARISING 2.1 The Chief Executive submitted letters of OUT OF THE MINUTES thanks for contributions made to Childline and NIMBA (Northern Ireland 56/1/2002 Mother and Baby Action).

Noted.

3. VOTE OF SYMPATHY 3.1 The Chairman, Councillor O T Hughes referred to the death of Councillor Groogan’s 260/1/2002 mother, Mrs. Brigid Groogan and extended sympathy to him and his family at this sad time.

He proposed that a message of sympathy be sent to Councillor Groogan and his family. This was unanimously agreed to.

4. SUSPENSION OF It was STANDING ORDERS PROPOSED by Councillor J J Kelly, Seconded by Councillor S O’Brien

That Standing Orders be suspended so that the Council might offer solidarity and support for the public sector, namely Postal workers and teaching staff in the light of recent threats.

This was unanimously agreed to.

Councillor P McLean joined the meeting at 7.35 p.m.

5. TERRORIST ATTACKS Councillor J J Kelly said that all elected representatives should express concern following terrorist threats made on the lives of teachers and postal workers. He said that it was important that the Council took the opportunity to express its concern at these threats on teachers and public workers.

Councillor Rev Dr R T Wm McCrea stated that he unreservedly condemned the threat on workers, members of the Security Forces and others in the community. Wherever threats came from, be if from the Provisional IRA or loyalist organisations he unreservedly condemned all atrocities. It was important to remember that many teachers and other public workers in Mid-Ulster had been murdered throughout the thirty years of violence.

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The Chairman reminded members that they were dealing with a particular incident in North Belfast.

Heated exchanges took place when the murder of the late Councillor O’Hagan, and when the atrocities at Omagh, Teebane, Enniskillen and others were mentioned.

Councillor J Junkin added that Belfast was being dogged by drug dealers which included past and present members of the IRA. He also said that IRA/Sinn Fein were happy to hold thousands of tons of semtex and bombs for use at a future date.

Councillor Miss K A Lagan said that the SDLP Party showed solidarity with all people under threat and accused other Members of scoring cheap political points.

Councillor Junkin interjected by stating that there was nothing cheap about the murder of innocent people.

Amendment

It was

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

That this Council unreservedly condemns all terrorism and threats from whatever source and gives it’s support to teachers, public sector workers and members of the Police Service.

On the Amendment being put to the meeting, 9 Members voted for, 0 Members voted against, 6 Members abstained, voting being by show of hands.

The Chairman declared the Amendment carried.

On the motion becoming a Substantive Motion, 9 Members voted for, 0 Members voted against, 6 Members abstained, voting being by show of hands.

The Chairman declared the motion carried.

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6. RESUMPTION UNDER It was STANDING ORDERS PROPOSED by Councillor R A Montgomery Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the meeting resume under Standing Orders.

7. RECEPTIONS 7.1 It was

533/1/2002 PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J A McBride, and

RESOLVED: that a small reception be given to Mr Charles O’Neill, who had given forty years service to the Fire Service.

7.2 It was

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

RESOLVED: that a reception be given in a civic manner to the Mid-Ulster Zone - Irish Indoor Bowling Association on winning three All-Ireland titles and two British Isles titles.

8. ROADS SERVICE 8.1 The Chairman welcomed representatives from the Roads Service - Western Division, Mr Pat 279/1/2002 Doherty, Acting Divisional Manager, Mr Kevin Monaghan and Mr. John McRobert and invited them to present the District Network Development Priority List for 2002/03 – 2003/04 (copy circulated to each Member).

8.2 Mr Doherty apologised for Mr Webb’s absence. He said that Mr Webb was in hospital and asked Mr Monaghan to brief the Council on the various schemes.

8.3 Mr Monaghan advised that the list represented a two year rolling programme and allowed for programmes to be brought forward in the event of additional funding or put back depending on funding. It allowed for flexibility in promoting the programme. £200,000 was being spent on minor works. There were more requests for schemes than funds available so they had to be prioritised, for example, accidents, traffic flow, engineering, etc.

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The schemes excluded bridges and traffic calming which were on a separate programme. This list was a preliminary draft and he hoped that Councillors would make comments.

Mr Monaghan referred to the ongoing programme of network development schemes and updated the Council on progress made.

He acknowledged the improvements at the Bridewell, Magherafelt. Roads Services was happy in principle to contribute to the necessary footpath improvements.

Mr Doherty referred to the B47 Sixtowns Road, and stated that the road-widening scheme and provision of a footpath was to provide structural stability.

It would cost £150,000 to maintain existing roadways.

8.4 Members Queries:

Councillor Miss K A Lagan welcomed the new roundabout and hatching at Draperstown. She said that the bollards were a contentious issue and asked how many could be removed.

In reply Mr Doherty said that some bollards had been removed but he would check how many remained in the plan.

Councillor Miss Lagan also referred to the junction improvement on the U5029/B41 Gortnaskey Road/ Road, Draperstown and enquired if the Beech trees problem had been resolved.

Mr Monaghan explained that the scheme was at an early stage in design and such details had not been considered yet.

Councillor Rev Dr R T Wm McCrea thanked the Roads Service staff for their reports. He wished Mr Webb well. He referred to the Mullaghboy Hill/ Road scheme which was not listed, and to the fact that it had been put back for one year and asked that it be proceeded with in conjunction with the housing development, as it could otherwise slip off the list.

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Mr Doherty explained that even though it had not been listed, Roads Service was still committed to the scheme and it would be carried out in conjunction with the housing development.

Councillor Rev McCrea thanked Roads Service for work on the Desertmartin Road and for the assistance given. He was glad to see that the footpath from Desertmartin to Dromore School was on the programme. Councillor Rev McCrea suggested that if the Department had extra money under large works that it might be used for Magherafelt By-pass.

Mr Doherty pointed out that £250,000 for minor works was not sufficient and that the By-pass was an Area Plan issue.

Mr Monaghan added that the Magherafelt By-pass was high on the Division’s priorities but it needed to get on to the major works planning programme that is, the scheme would cost more than £500,000.

Councillor J Junkin said that he was glad to see the provision of a footpath from Clady to on the list as it was now some sixteen years since it had first been raised through a Notice of Motion. He enquired about the plans for the proposed large minor works at Smithtown Cross/Ballymacombs Road, Portglenone and if lands had been made available.

Mr Monaghan pointed out that all schemes depended on successful land procurement. This particular scheme was at an early stage.

Councillor Junkin also emphasised the urgency of the Magherafelt By-pass.

Councillor P H McErlean requested that the Smithtown Cross scheme would be linked with the Chapel Corner at and asked if there was any update on this matter.

Mr McRobert in reply said that the scheme was to be assessed.

Councillor McErlean enquired if the footpath proposed for the Ballynease/Culbane Road could be extended to the local primary school, which was also used by the youth club.

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Mr McRobert explained that this was what Roads Service had in mind as a follow-on scheme.

Councillor J F Kerr thanked the representatives from Roads Service for their report. He said that whilst he supported the need for the Magherfelt By-pass a by-pass was probably required for Maghera as well, especially at school times. He referred to the junction at the top of Hall Street and the difficulties that motorists were having when moving out from the white line because of poor visibility.

Mr. Doherty advised that Roads Service would be going back to monitor especially Bank Square and other junctions in Maghera within the next couple of months.

Councillor Kerr requested that footways from Craigadick Road to /Glen Road to the GAA grounds be considered.

Mr Doherty said that Roads Service had a proposal for “park ’n’ ride” facilities and a footpath, but there were difficulties with the landowners. They would reassess the priority and might need to vest the land.

Mr Monaghan stated that Councillors had raised the possibility of the provision of a by-pass for Maghera. Currently, Roads Service was investigating alignment options for Maghera and Tobermore, but again the scheme would have to compete with others across Northern Ireland.

Councillor R A Montgomery thanked Roads Service for the provision of a footway for Main Street/Clooney Road, Tobermore. Another problem had arisen with car parking at the new Spar shop. A. car-park was provided but people parked their cars in front of the shop instead of using the proper park. This meant that a motorist coming from the Desertmartin Road had to move on to the wrong side of the road in order to get past. This, he said, had the potential of a serious accident. He asked that double yellow lines be provided at this point.

Mr Doherty promised to look into this matter.

Councillor Montgomery also referred to the surface of the street in Maghera.

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Councillor T J Catherwood drew attention to the Tirgarvil footway and stated that children from the local primary school had to cross the road at the bridge.

Mr McRobert explained that the footway from Alexander Park to the school would necessitate crossing the road at some point. He asked if the relocation of the crossing would be any better.

Mr Doherty promised that the design staff would look at the detail.

Councillor Catherwood enquired when the Old Tyanee road works were about to commence and what was involved.

Mr McRobert stated that the work was ready to commence and that it was work on edges and strengthening of the roadway.

Councillor P McLean pointed out that there was potential for serious accidents at the end of the Highfield Road and the filling station.

Mr. Doherty took note and said that he would ask the traffic people to look at the problem.

Councillor McLean stated that the surface of the footways required to be looked at Hazelbrook to Golf Terrace and Hospital Road to Tobermore Road where the lights and surface was poor.

Mr McRobert said that these were maintenance matters.

Councillor McLean enquired what the position was with Derramore regarding the adoption of the roadway.

Mr Monaghan said that Roads Service had meet with the residents, and the developer on site. Some work had been carried out but there was one problem and Roads Service would appreciate help.

The Chairman, Councillor O. T. Hughes referred to major road works being carried out on the main street in Bellaghy. Motorists were diverted by Tamlaghtduff Road, which he considered to be unsuitable for the amount of traffic. He requested a site meeting.

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Mr Doherty stated that this was a Water Service scheme and the Roads Service wanted the road re- instated. He said that he would ask someone from the local section office to liaise and go and check out the situation the following day.

8.5 Pay and Display Mr Doherty raised an additional item and advised that Roads Service was considering the introduction of a Pay and Display system in Magherafelt town because of long-time problems with capacity. Workers and business people were using the free spaces in car-parks all day, therefore, they were not available to shoppers and this was causing difficulties.

A transportation study was being carried out and there would be public consultation in due course.

Councillor Rev Dr R T Wm McCrea pointed out that The Roads Service was breaking a long-term agreement with local people. Roads Service had stated that the public would not have to pay in Magherafelt for public car-parking.

Many years ago, car-parking was a major problem in Magherafelt and had it not been for local business people and landowners it would never have been resolved. One agreement with them was that the public would not have to pay to park their cars. It was crucial that the Department of Regional Development honoured this initial agreement and did not break faith with the local community.

Councillor J J Kelly said that there was no evidence that the public would support paid parking in Magherafelt. The instinctive reaction was to oppose such a move.

The representatives from Roads Service retired from the meeting at 8.35 p.m.

9. MAGHERAFELT 9.1 The Chairman welcomed from The Planning AREA PLAN Service, Mr. Clifford McIlwaine and Mr. Bill Hillon to the meeting to further discuss housing 108/1/2002 development in connection with the Magherafelt Area Plan.

9.2 Mr McIlwaine thanked the Councillors for discussions held the previous week.

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9.3 Mr McIlwaine stated that the distribution of housing was a key element of the Area Plan for the Magherafelt District. He explained that the next stage of the process was to have the Councillors discussions on housing distribution translated to land usage, zoning, etc.

Mr McIlwaine said that most of the party groupings had reservations about the 3,600 figure and how to discount three years growth that had already taken place. The housing growth indicator gave a ten year supply. Councillors also questioned if there was sufficient land.

Mr. McIlwaine added that the Council did not require to take a corporate decision. He was pleased at the degree of common ground. Most groupings had indicated that Magherafelt town should have between 1,000 and 1,200 of the housing figure. There was a clear expression for growth in Maghera and the four larger villages but there was also a need for houses in the countryside.

The Planning Officers offered to come back to the next meeting and the Chief Executive agreed to make the necessary arrangements if he felt it was appropriate.

9.4 Mr McIlwaine advised the Council that Mr J Coates, Planning Officer had been promoted and would be changing departments. He would be moving to Development Control and would be replaced by Mr Andy Speirs. This would be Mr Coates last attendance at Council Meetings in Magherafelt.

Noted.

10. BUILDING CONTROL 10.1 The Acting District Chief Building Control DEPARTMENT Officer presented the Building Control Department’s report for the period 5 December 210/1/2002 2001 to 15 January, 2002 (copy circulated to each Member).

10.2 Mr. Glendinning stated that during this period forty-two applications had been approved. There had been seven applications cancelled because they had not commenced building within the four years time limit.

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There were four extensions of time and one application withdrawn – MA/2001/0579 – Extension of a dwelling and garage for Mr. Noel Lennox, 68 Hospital Road, Magherafelt. Work had commenced on fifty-eight applications and sixty- five applications had been completed on site.

10.3 Dangerous Structure Mr. Glendinning of a dangerous structure at 16 Hall Street, Maghera. A notice had been served on the owner on 11 January 2002 requesting him within twenty-one days to make the roof save or further legal action would be taken.

On consideration it was

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

RESOLVED: that the report as submitted be adopted together with the action taken on the dangerous building.

11. NAMING AND 11.1 Submitted letter and site plan for the naming NUMBERING and numbering of a housing development at STREETS Derrynoid Road, Draperstown for Colm McGurk. The suggested names given by the Developer PN81/1/2002 were “Woodland Heights”, “Woodland Road” and “Woodland Grove”.

On consideration it was

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

RESOLVED: that the Council adopt the names of “Woodland Heights”, “Woodland Road” and “Woodland Grove” for the development at Derrynoid Road, Draperstown.

12. ENTERTAINMENT 12.1 Submitted the following applications for LICENCES Entertainment Licences which were recommended for renewal:-

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E. 2 Moyola Park Football Club - William Lennox E. 11 The Cellar Bar, Draperstown – Ms G O’Kane E. 13 Newbridge Youth Club – Mr Jim Murphy E. 16 Presbyterian Church Hall – Mr Norman McMullan E. 18 The Coachman Inn – Mr Mark Stewart E. 23 First Presbyterian Church Hall, Magherafelt – Mr William Todd E. 28 Erin’s Own Lavey GAC – Mr M Murphy E. 33 The Johnston Hall - Rainey Endowed School E. 44 Michael Davitts GAC, – Mr P P McQuillan E. 50 The Thatch Bar, Castledawson – Mr J McLarnon E. 52 McGurk’s Bar, Draperstown – Mr Brian McGurk E. 54 Gardiner’s Restaurant – Mr Joseph McLean E. 56 McAllisters’ Bar and Lounge, Draperstown – Mr Peter McAllister E. 68 St Mary’s Parochial Hall, Desertmartin – Rev P Crilly E. 78 Magherafelt High School Assembly Hall – NEELB E.127 Moyola Park Inn, Castledawson – Mr Peter Gallagher E.133 St John Bosco Youth Club, Culbane, Portglenone – Mr P Cassidy E.134 Town & Country Inn, Magherafelt – Mr Peter Bryson E.145 Fairhill Snooker Club, Maghera – Mr Nial Regan

12.2 On consideration it was

PROPOSED by Councillor R A Montgmery, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the applications as submitted be renewed.

13. PLANNING SERVICE 13.1 Submitted the Divisional Planning Manager’s Report dated 15 January, 2002 (copy circulated 195/1/2002 to each Member).

The following applications were taken into special consideration:

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New Applications:

H/2001/0817/F – Mr N McLarnon The Planning Officer reported that one letter of objection had been received. The objector was not opposed to the development but to the position of the dwelling. The planning opinion was still approval.

H/2001/0899/O – Mrs B O’Hagan The Planning Officer reported that one objection had been received regarding land ownership. The Planning opinion to approve had been withdrawn until the matter had been checked out.

New Applications where the Opinion is Refusal:

H/2001/0706/F – Mrs M Higgins Deferred. Site meeting to be arranged for Monday, 21 January, 2002 at 10.00 a.m. Councillor J A McBride to attend.

H/2001/0734/F – Mr D McAlary Deferred. Site meeting to be arranged for Tuesday, 22 January, 2002 at 10.00 a.m. Councillor R A Montgomery to attend.

H/2001/0769/F – Mr O Kearney Deferred for one month on the request of the Chairman, Councillor O T Hughes.

H/2001/0895/F - Mr E O’Kane Deferred. The Chief Executive submitted a letter of withdrawal which he had received from the applicant. The Planning Officer advised that the application would be held pending withdrawal until the applicant had written directly to the Planning Service.

H/2001/0971/F – Mr & Mrs Kelly Deferred. Site meeting to be arranged for Monday, 21 January 2002 at 2.45 p.m. Councillors Miss K A Lagan and P H McErlean to attend.

H/2001/1001/F – Bellaghy GAC Deferred on the request of the Chairman, Councillor O T Hughes. Councillor P H McErlean requested that in the event of a site meeting he wished to be included.

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H/2001/0571/O & H/2001/0730/O– Mrs S Scullion Deferred. Site meetings to be arranged for Tuesday, 22 January, 2002 at 10.15 and 10.30 a.m. respectively. Councillor R A Montgomery to attend.

H/2001/0939/O – Mr J Young Deferred. Site meeting to be arranged for Monday, 21 January, 2002 at 11.00 a.m. Councillors J J Kelly, S O’Brien and J A McBride to attend.

H/2001/0952/O – Mr R Woods Deferred on the request of Councillor Rev Dr R T Wm McCrea for an office meeting with the Divisional Planning Manager.

H/2001/0959/O – Mr G Dempsey Deferred. Site meeting to be arranged for Tuesday, 22 January, 2002 at 12.15 p.m. Councillor G C Shiels to attend.

H/2001/0995/O – Mr G MsSorley Deferred. Site meeting to be arranged for Monday, 21 January, 2002 at 2.00 p.m. Councillor Miss K A Lagan to attend.

H/2001/0999/O – Mr M Scullion Deferred. Site meeting to be arranged for Monday, 21 January, 2002 at 12.30 p.m. Councillor J A McBride to attend.

Applications Deferred from Previous Meeting:

H/2001/0055/O – D Lyle The Planning Officer requested that this application be removed from the schedule as the Divisional Planning Manager was still considering this application.

H/2001/0059/O – Mr Eakin Approval.

H/2001/0497/O – Mr L Kearney Deferred for one month on the request of Councillor P H McErlean.

H/2001/0510/O – Mr P Hegarty Deferred for one month on the request of the Chairman, Councillor O T Hughes.

H/2001/0513/O – Mr T McGonigle Deferred for one month on the request of Councillor J A McBride. 15

H/2001/0602/O – Mr S Kelly In the absence of Councillor Groogan it was agreed to defer this application for one month.

H/2001/0613/O – Mr & Mrs Brown Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2001/0639/O – Mr D Moore Deferred on the request of Councillor J A McBride for an office meeting with the Divisional Planning Manager.

H/2001/0645/O – Mr P Wilson Application withdrawn.

H/2001/0646/O – Mr P Wilson In the absence of Councillor P E Groogan, Councillor Miss K A Lagan asked for a deferral in order that a Planning Management Board submission could be brought forward by Councillor Groogan to the next meeting of the Council to be held on Tuesday, 12 February 2002.

H/2001/0652/O – Mr & Mrs R Shields Deferred. Submission made to Planning Management Board at December meeting.

H/2001/0673/O – Mr W Young Approval.

H/2001/0678/O – Mr J A Flanaghan Deferred on the request of Councillor Miss K A Lagan for an office meeting with Mr Carroll, Divisional Planning Manager.

H/2001/0733/O – Mr J Kirk Deferred. It was

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

RESOLVED: that a submission be made to the Planning Management Board at the next meeting to be held on Tuesday, 12 February 2002.

H/2001/0747/O – Superseal Windows Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

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H/2001/0751/O – Mr B McCloskey In the absence of Councillor P E Groogan it was agreed to defer this application for one month.

H/2001/0759/F – Mr S Irvine Deferred. Councillor Rev Dr R T Wm McCrea requested a site meeting. Arrangements to be made with the Divisional Planning Office.

H/2001/0760/O – Mr P Rodgers In the absence of Councillor P E Groogan it was agreed to defer this application for one month.

H/2001/0761/O – Mr J McCusker Councillor Miss K A Lagan requested that the applicant be given three weeks to withdraw or a refusal issued.

H/2001/0798/O – Mr B Pollard Approval.

H/2001/0808/O - Mr W Lamont Deferred for an office meeting with the Divisional Planning Manager on the request of Councillors R A Montgomery and Rev Dr R T Wm McCrea.

H/2001/0818/O – Mr J McCloskey Deferred for an office meeting with the Divisional Planning Manager on the request of Councillor Miss K A Lagan.

H/2001/0853/O – Mr Bloomfield Deferred for an office meeting with the Divisional Planning Manager on the request of Councillor T J Catherwood and Rev Dr R T Wm McCrea.

H/2001/0860/O – Miss J McCloy Deferred for an office meeting on the request of Councillor P H McErlean

H/2001/0871/O – Mr & Mrs O O’Neill Deferred for an office meeting with the Divisional Planning Manager on the request of Councillor J A McBride.

H/2001/0882/O – Mr C McGuckin Approval.

H/2001/0902/O – Mr Cassidy Approval.

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13.2 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 15 January, 2002, subject to the above conditions and amendments.

13.3 The Chairman, Councillor O T Hughes wished Mr Coates well in his new position and for his kindness and generosity in the short time he had been associated with the District.

In return, Mr. Coates thanked the Council for the kind comments and for providing him with a warm and friendly place to work in.

Mr Coates and Mr Speirs retired from the meeting at 9.10 p.m.

14. PLANNING APPEALS 14.1 Submitted Bulletin prepared by the Planning COMMISSION Appeals Commission for the month of November, 2001. The Chief Executive reported that there 218/1/2002 were two applications from the Magherafelt District Council area.

14.2 The first appeal was an application for a dwelling and garage in the name of Mr P Keenan on issues of integration into the landscape and rural character. The Commission allowed the appeal subject to conditions.

Noted.

14.3 The Chief Executive stated that the second appeal in the name of Mr P L Braniff would probably concern the Council in that the issue was the possible appropriateness of a bingo hall to residential amenity, traffic and car park on Union Road, Magherafelt, and to which the Council was strongly opposed. He read the Planning Appeals Commission’s reasoning for granting full permission which was subject to conditions. He said that he would arrange for Members to receive copies of the Commission’s reasoning on this application.

Councillor J J Kelly said that the decision was a matter of regret. 18

Councillor R A Montgomery enquired if it was possible for the Council to find out what the conditions were in relation to the application being allowed.

The Chief Executive agreed that it was possible to find out the conditions attached to the granting of the application.

Councillor Rev Dr R T Wm McCrea deeply regretted that the Commission had gone ahead when the Council’s unanimously opposed to the application. He believed that the Department should have acted on the unanimous decision of the Council.

Councillor Montgomery asked if the Minister could overturn this decision, and if there was a restriction on opening hours.

The Chief Executive advised that technically he could. With regards to the opening hours, from the report in the Bulletin it appeared that the applicant did not propose to open the bingo hall until 6 p.m. and this was unlikely to add significantly to current traffic congestion during the daytime peak hours.

14.3 After further discussion, it was

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

RESOLVED: that the Chief Executive write a strong letter to the Minister pointing out that the establishment of such a business would be detrimental to the community, the Council was strongly opposed to the application and other businesses in the community were requested to provide their own parking, and not use a public car-park.

Councillor J J Kelly commented that the Commission’s decision “flew in the face of democracy”.

15. ENVIRONMENTAL 15.1 Submitted report for the month of December, HEALTH 2001 (copy circulated to each Member). DEPARTMENT The following matters were taken into special 196/1/2002 consideration:-

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15.2 The Street Trading Act (N. Ireland) 2001 – Further Designation of Street Trading Areas within the District

Mr. Burrows in referring to his report (copy circulated to each Member) reminded members of the decision taken at the December meeting of the Council.

He advised that the areas to be considered for the purposes of street trading within the District, as set out in his report, had been advertised in the local press, stating that representations may be made in writing to the Council within a 30 day period from publication. The period of consultation would end on 19 January 2002. Mr. Burrows said that at this point in time no representations had been received. He, therefore, recommended that the Council resolve to designate the areas, subject to there being no representations. Should there be any objections received then the Council required to further consider the matter. The effective date for such designations would be 21 February 2002.

Mr. Burrows further recommended that the Council resolve to limit street trading to one licence holder at each of the locations and that following advice from the Police Service, trading in the designated areas in and villages should only be permitted up to 10.00 p.m.

Councillor J A McBride said that he had received a query in that apparently in England if a Street Trading Licence was paid you were automatically allocated a space, unlike in Northern Ireland.

Mr. Burrows agreed that the situation was different. He explained that in England wherever markets were held, the Council owned the land. This was not the case in Northern Ireland, hence the difference.

On consideration it was

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

RESOLVED: that the Council designate the following areas for street trading: 20

1. Lay-by adjacent to the North-West bound carriageway off Glenshane Road, Maghera at Glenshane Pass. 2. Lay-by at Maghera Road, Tobermore 3. Lay-by to the South of Grillagh Bridge, Moneysharvin Road, Maghera 4. Grillagh Picnic Area, Moneysharvin Road, Maghera 5. Knockloughrim Village 6. Gulladuff Village

subject to there being no representations on 19 January 2002. It further resolved that the Council limits street trading to one licence holder at each of the locations and that trading in the designated areas in Knockloughrim and Gulladuff villages only be permitted up to 10.00 p.m.

15.3 Public Health (Ireland) Act 1878 Mr Burrows reported that one application had been received from Mr P O’Kane as owner/occupier to have his dwelling at 24 Garrison Road, Knockloughrim inspected.

On consideration it was

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

RESOLVED: that the Council issue a Statutory Abatement Notice on the owner requiring him to take such steps as were necessary to eliminate the rising dampness to the external walls of the left and right rear bedrooms.

15.4 It was

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

RESOLVED: to adopt the remainder of the Environmental Health Report which was the information of Members.

16 OPERATIONAL Submitted report by the Director of Operations SERVICES for the month of December, 2001 (copy DEPARTMENT circulated to each Member).

322/1/2002 Development Services:

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16.1 Magherafelt Arts Advisory Trust Mr. Johnston advised that Magherafelt Arts Advisory Trust had reached agreement with Bellaghy Development Association to accommodate the Trust in Bellaghy Bawn. As part of the agreement one member of Bellaghy Development Association would sit on the Trust’s Board. However, the agreement was subject to approval by the Environment and Heritage Service who own the building. It was also agreed that the Arts Advisory Trust would seek funding to employ an officer to administer the Trust’s activities.

Noted.

16.2 Play Area Refurbishment Mr. Johnston reported that Swatragh Play Area had been refurbished. He referred to the wall which formed part of the play area enclosure, and to the fact that the mural on the wall had deteriorated and required repainting or replacing. He suggested that the words “Swatragh Play Area” be painted on the wall.

Councillor J J Kelly stated that he had spoken to Mr. Sean Henry about repainting a mural on the wall, and it was

PROPOSED by Councillor J J Kelly, Seconded by Councillor J F Kerr

That the wall at Swatragh play area be left until the weather was more favourable before reinstating the mural.

Amendment

It was

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

That when conditions permitted “Swatragh Play Park” be painted on the wall until arrangements could be organised for the children to repaint a mural on the wall.

On a vote being taken on the Amendment, 8 Members voted for, 6 Members voted against, 1 Member abstained, voting being by show of hands. The Chairman declared the Amendment carried.

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On the amendment being put to the meeting as a Substantive Motion, 8 Members voted for, 6 Members voted against, 1 Member abstained, voting being by show of hands.

The Chairman declared the motion carried.

Leisure Services:

16.3 Greenvale Leisure Centre and Maghera Recreation Centre Mr. Johnston in referring to his report stated that December, 2001 had been a good month for Greenvale Leisure Centre, while Maghera Recreation Centre and the Driving Range had dropped slightly in comparison with the same month last year.

16.4 North Eastern Health and Exercise Association Mr Johnston stated that a meeting with the Association’s Physical Activity Co-ordinator and Volunteer Walk Leaders within the District was very productive. A programme of led walks throughout the District was planned to commence in April or May. A representative for the Chest, Heart and Stroke Association was being invited to the next meeting to discuss the co-ordinated planning of developing a walking programme and promotion. The Council was being asked to approve a budget of £1,500 to fund the programme and to develop publicity campaign material.

Questions were asked on what other bodies were involved, what other Councils were doing, and did joint funding not bring the best results.

Mr. Johnston said he would obtain more information and report to the next meeting of the Council.

Technical Services:

16.5 Waste Management Plans Mr. Johnston stated that on Thursday 3 January 2002 a final draft of the North West Group’s Waste Management Plan was circulated to each Member for consideration. This was a fairly comprehensive document providing clear guidelines on how the North West Group would develop over the next few years.

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Mr. Johnston pointed out that the plan included the submission agreed by the Council at its November 2001 meeting as the way forward for Magherafelt District Council. The plans also allowed for reviews and changes should targets not be met.

Mr. Johnston further stated that a strict timetable was being operated to ensure that definitive plans were submitted to the Department in June 2002. In view of the fact that a three months public consultation period was required before a final plan could be submitted, he recommended that the Council approve the plan issued on 3 January 2002 as a final draft for public consultation. The results of this public consultation would, where appropriate, be included in the final plan.

On consideration it was

PROPOSED by Councillor R A Montgomery Seconded by the Chairman, Councillor O T Hughes, and

RESOLVED: to adopt the recommendation of the Director of Operations and approve the Waste Management Plans issued on 3 January 2002 as a final draft for public consultation.

16.6 Waste Management Funding Mr Johnston referred to his report on developments regarding the issue of Departmental funding for projects contained in the Waste Management Plans. He advised that the Department of the Environment had now formally issued the document (Appendix 1 to the Operational Services Report). He quoted that a relevant addition to the draft stated “Your Council’s provisional allocation will be £46,800. You should let the Department know immediately (and certainly no later than 14 days from the date of this letter) how much of this allocation your Council wishes to draw down in 2001/2002, or if it is in a position to draw more than its provisional allocation within the terms of the scheme. Funds not properly expended in accordance with the scheme will be recoverable from next year’s allocation or from other grants payable by the Department. Funds not claimed from this allocation will be subject to redistribution to those Councils able to use them effectively for the purposes of the scheme, based on the disbursement formula.

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The Department will write to confirm final allocations and will include a pro forma, letter of acceptance, for completion as at paragraph 12 of the scheme.”

Mr Johnston believed that it was common knowledge that the Eastern Group would not be drawing down a major part of their funding allocation this year. Their long term plan did not allow for an immediate spend and it would seem that they wished their allocations for years one and two (at least) to accumulate for major spend in years 3 and 4. The allow this to happen would mean that the North West and Southern Groups would have to spend the Eastern Group’s share otherwise the money would be lost to Councils.

In view of these developments, despite the timescale, Mr Johnston suggested that rather than lose this money the Council should agree to spend whatever allocation could be drawn down. This could range from £46,800 to possibly £110,000 depending on what the Eastern Group decided. He pointed out that the money promised by the Department for the completion of Waste Management Plans, approximately £14,000, would have to come out of the £46,800 allocated to the Council.

He further advised that in view of the possibility that the Council would receive more than £46,800 allocation it should put itself in a position to spend up to £110,000. He suggested that the Council purchase a new Refuse Collection Vehicle for use in the proposed “Dry Recycling Scheme”. This scheme was included in the North West Group’s Waste Management Plan and the vehicle could be delivered and paid for before the end of the financial year. This proposal would meet the requirements set by the Department.

Mr Johnston pointed out that the Council was programmed to replace an existing refuse collection vehicle within the financial year 2002/2003 and if the Department’s funding did not materialise, the Council would be covered “on two fronts”, that is, if the Department’s funding materialised it would be used to purchase (or part purchase) a vehicle for recycling, if not, the vehicle could become a replacement vehicle for next year.

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In view of the deadline of March 2002, the Director of Finance and Administration had been asked to contact the Local Government Auditor to enquire if the Council could purchase a vehicle using a tendering procedure issued by Cookstown District Council in November 2001. This would allow the Council to meet the Department’s deadline. The Auditor had agreed to this proposal.

A copy of Cookstown’s tendering documents indicated that the lowest tender received was for a Dennis Chassis fitted with a Phoenix II refuse collection body. Mr Johnston explained that this vehicle was the market leader and had been used extensively by Magherafelt Council. It had always given excellent, cost effective, service. He recommended that the Council avail of possible funding from the Department of the Environment and purchase a Dennis/Phoenix II refuse collection vehicle fitted with a Terberg Lift, in accordance with Cookstown District Council’s tender, at a cost of £94,750 plus VAT.

On consideration it was

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

RESOLVED: that the Council should spend what money they could draw down from the Department of the Environment by purchasing a Dennis/Phoenix II refuse collection vehicle fitted with a Terberg Lift for use in the Council’s proposed “Dry Recylcing Scehme”, in accordance with Cookstown District Council’s tender, at a cost of £94,750 plus VAT.

16.7 Best Value Mr. Johnston referred to the report compiled by the Northern Ireland Assembly’s Environmental Committee on Local Government (Best Value) Bill (NIA 19/00) circulated to each Member. Mr. Johnston said that if the Bill was passed by the Assembly in January 2002 legislation would be introduced making it compulsory for Councils to operate under the constraints of a Bill which many believed would hinder Councils in offering a cost effective service to the public.

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Mr. Johnston stated that this Council’s officers’ strongly opposed this Bill in the present format and recommended that the Council fully supported the Environment Committee of the Northern Ireland Assembly in rejecting the Best Value clauses as contained in the Bill.

Councillor Rev Dr R T Wm McCrea requested that it be recorded that he was not taking any part in the proceedings.

Councillor Miss K A Lagan commented that the Bill was so burdensome and bureaucratic, how could it be Best Value.

Councillor J F Kerr said that the Bill was impractical because of the scale of population.

Councillor J Junkin referred to Page 143 and to mention of Magherafelt Borough instead of District. He congratulated the officers on thinking the matter through and supported them.

It was

PROPOSED by Councillor R A Montgomery Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Council opposes the Best Value Bill and supports the Environment Committee of the Northern Ireland Assembly in rejecting the Best Value clauses as contained in the Bill.

16.8 Football Pitch Mr. Johnston outlined the difficulties that the Council’s officers had been experiencing in managing the Upperlands Football Pitch in accordance with Council policy and the terms and conditions of the lease which the Council had with Clarks of Upperlands, the owners of the pitch.

Mr Johnston believed that the situation could not be allowed to continue. There were major health and safety and insurance implications and if Upperlands Football Club was allowed to continue using the pitch in the same manner, other Clubs would follow.

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Mr Johnston asked for the Council’s permission to contact Upperlands Football Club to advise them that if they were not interested in leasing the facility directly from Clarks of Upperlands they were required to adhere to Council policy. Failing this the Council would have no alternative but to terminate the lease the Council had with Clarks and return the facility to their control.

Councillor G C Shiels stated that Upperlands Football Club were under new management and had a new Committee. He had spoken to the committee the previous evening and they had agreed to abide by the Council’s rules and conditions. They were also hoping for enhancement of the facilities.

Councillor J J Kelly questioned the abuse of the electricity and a £2,000 water bill.

Councillor Rev McCrea stated that he understood that there was a different Club Committee. They needed to be met and the issues discussed, and accordingly

It was

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

RESOLVED: that further consideration of this issue be deferred until the Council’s officers had met with the new Committee of Upperlands Football Club and report back on the situation.

Councillor Miss K A Lagan welcomed the fact that there was now a new Committee but hoped that they were all new people and that there were no members of the old Committee. If change had not taken place then they should be held responsible for breech of Council policy and conditions.

Councillor R A Montgomery agreed that these were serious allegations but felt that if the Council handed the lease back to Clarks they would not be sympathetic and would not lease the ground again, which was for the people of Upperlands.

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16.9 Consumption of Alcohol in Public Places Mr Johnston advised the Council that two letters had been received requesting the Council to designate the Union Road car-park in Magherafelt as an Alcohol Free Zone. The Station Café and Ulsterbus had stated that they were experiencing considerable problems with youths meeting in the car-park and consuming alcohol. It was being alleged that when the youths became intoxicated they broke bottles and windows and were usually abusive to the public. Mr. Johnston pointed out that if the Council agreed to the requests it meant that any person who consumed intoxicating liquor in the Union Road car-park would be guilty of an offence.

Mr Johnston advised that before this area could be designated as an Alcohol Free Zone the Council had to establish if there was a clear need for such action. He explained the procedure as set out in his report.

Mr Johnston requested that the Council give permission for his department to establish whether or not there was a clear need to designate the Union Road car-park in Magherafelt as an Alcohol Free Zone and then bring a further report back to Council.

It was

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

RESOLVED: that the officers investigate the need to designate the Union Road car-park and report back to Council.

16.10 Leachate Tanking, Ballymacombs Landfill Site Mr Johnston advised the Council that in order to control leachate being generated at Ballymacombs Landfill Site and in particular, leachate emanating from the recently engineered part of the site, it was necessary to have the bulk of this leachate transported to a sewage treatment works. It could not be discharged directly into a river or stream.

To facilitate this procedure, Kirk McClure and Morton as part of their remit for developing the site issued an invitation to competent firms by way of public advertisement to tender for this work. 29

By the closing date of 7 December 2001 four replies had been received. Only two met the specification.

The lowest tender was from McKitterick Plant and a recommendation to award the tender to this firm was contained in a report compiled by Kirk McClure and Morton in late December 2001 (Appendix 3 to the Operational Services Report).

Mr. Johnston advised that prior to and following the submission of the report considerable difficulty was being experienced, due to heavy rain, in preventing the new leachate tanks at the Waste Disposal Site from overflowing. In view of this problem, the officers decided to award McKitterick Plant the contract with immediate effect and seek Council approval for their actions later. He, therefore, asked that on this occasion, the Council accept that the officers acted in the best interests of the Council. Mr. Johnston explained that there were three options of service contract delivery depending on the particular circumstance prevailing at the time. Each option had been priced for individually and McKitterick Plant was the cheapest on every occasion. He therefore, sought the Council’s permission to accept the range of prices tendered by McKitterick Plant with the decision as to which option to remain with the officers.

On consideration it was

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

RESOLVED: to accept the explanation given by the Director of Operations in that the officers acted appropriately, and further accept the lowest tender from McKitterick Plant for the range of prices tendered and the decision as to which option to remain with the officers of the Council.

16.11 Waste Management Leaflet Questionnaire Mr. Johnston reported that the waste management leaflet produced by the North West Regional Waste Management Strategy Group, and approved by the Council was distributed to every school throughout the region. In the Council’s area it was distributed to 45 schools.

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Mr. Johnston explained that each pupil took a leaflet home and then was requested to bring back the attached questionnaire completed. There was a prize of £200 offered to the primary and secondary schools with the largest percentage returns. Out of approximately 10,500 leaflets distributed there were 2,550 returns, a rate of 24%. In the secondary school section, St Colm’s High School, Draperstown had over 80% return. In the primary schools section, Straw, Draperstown, Tirkane and Brackalislea all had 100% returns. The four schools decided to share the £200 prize money rather than have a draw to determine the winner.

Mr. Johnston referred to Appendix 4 to his report giving an analysis of the individual questions contained in the information leaflet questionnaire.

On consideration it was

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

RESOLVED: that St Colm’s High School be awarded £200 in the secondary schools section and Straw, Draperstown, Tirkane and Brackalislea Primary Schools be awarded £50 each for 100% returns on waste management questionnaires.

16.12 It was

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

RESOLVED: that the report as submitted be adopted.

16.13 Mr Johnston requested permission to bring before the Council another item and this was agreed to.

16.14 Tender for the Supply and Delivery of One 15 Tonne Refuse Collection Vehicle Mr. Johnston reminded the Members that in December 2001 the Council accepted a tender from Manvik Plant for the supply and delivery of a MAN/Norbe 15 tonne refuse collection vehicle, that is, a MAN chassis fitted with a Norba refuse collection body. An order was subsequently placed for this vehicle and delivery was expected in late March early April. 31

However, on Thursday 9 January 2000 Manvik contacted him advising that MAN could not deliver a chassis that met the specification in that they could not supply a live hydraulic system to operate the refuse body, that is, a hydraulic pump driven from the engine crankshaft. This was essential to operate a modern refuse collection vehicle. Manvik asked in writing to be released from this particular contract. Mr. Johnston recommended that in view of the excellent relationship that the Council enjoyed with this particular supplier of refuse vehicles that the Council agreed to this request. He asked that the Council accept that the problem was not Manvik’s fault.

In view of these developments and rather than re- tender for this vehicle, the remaining tenders received on 23 November 2001 were considered. The next lowest tender No.15 was for a Daf chassis. Mr Johnston advised that this was not a “tipper chassis”, but was basically designed for the delivery of goods and was considered not to be sufficiently robust to operate as a refuse collection vehicle. He said that Tender 14 which was for a Iveco chassis had been ruled out in the original tender report, because, and he had made the Council aware, of the considerable difficulties that had been experienced with the Council’s present Iveco chassis. The next lowest tender was for a Volvo chassis fitted with a Norba body. I would suggest that Volvo is recognised as a market leader in the field of commercial vehicles. An assurance was received in writing from the supplier that it was a genuine tipper chassis. Mr Johnston, therefore, recommended that, in the light of recent developments, the Council accept tender No.13 from Manvik Plant for the supply and delivery of a Volvo/Norba 15 tonne refuse collection vehicle at a cost of £64,395 plus the relevant VAT.

On consideration it was

PROPOSED by Councillor R A Montgomery Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Council accepts the explanation given by the Director of Operations and accept tender No.13 from Manwik Plant for the supply and delivery of a Volvo/Norba 15 tonne refuse collection vehicle in the sum of £64,395 plus VAT.

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17. GOLDEN JUBILEE Submitted a letter from the Golden Jubilee Office, EVENTS 2002 Stormont, Belfast dated 5 December 2001 inviting the Council to nominate individuals to attend a 1/2002 Golden Jubilee event in Northern Ireland during 2002 to mark Her Majesty’s Golden Jubilee. The theme of these events would be “Service to the Community including public, voluntary and community service”, (copy of letter circulated to each Member). The Council had been allocated 46 places (23x2). Nominations were to be forwarded by the Council by Friday, 25 January 2002.

Councillor J J Kelly stated that Sinn Fein would not be nominating and proposed that the Council would not nominate delegates to the Golden Jubilee events.

On consideration, it was

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

RESOLVED: that Members should have the right to nominate elegates if they so wished.

It was further agreed that the SDLP grouping and the DUP grouping be allocated 8 x 2 places each, the UUP grouping 5 x 2 places and the Independent 2 x 2 places.

18. PAYMENT OF 18.1 Submitted Statement of Expenditure setting ACCOUNTS out payments to be made during the month of January, 2002 (copy circulated to each Member) 1/2002 The schedule provided for £451,447.97 out of the Revenue Account and £233,551.53 out of the Capital Account.

It was

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

RESOLVED: that the Schedule of Accounts as submitted be approved.

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18.2 February Payments It was further resolved that the February payments could be brought forward in order that cheques could be processed on or before 31 January 2002 to facilitate the new financial computers which would be going on line on 1 February 2002.

18.3 General Exchequer Grants Councillor Rev Dr R T Wm McCrea advised that a proposal was currently being considered by the Department as to whether or not Councils should receive General Exchequer Grants on a monthly basis.

The Chief Executive stated that any proposal that would enhance the Council’s cash flow would be welcomed.

19. LOCAL GOVERNMENT 19.1 Submitted the Auditor’s Report on the AUDITOR’S REPORT accounts of the Council for the financial year ended 31 March 2002 (copy circulated to each 122/1/2002 Member).

Noted.

20. FINANCIAL 20.1 The Ulster Orchestra: CONTRIBUTIONS Re-submitted a letter of request from the Ulster Orchestra that the Council makes a stakeholding 535/1/2002 grant in return for specific education and community outreach activity to be agreed (copy circulated to each Member). This matter was adjourned from previous Council meetings.

Councillor J Junkin felt that the Ulster Orchestra was offering a serious of workshops for primary schools that would culminate in the pupils attending school concerts in Cookstown next year. This he felt as a good idea and the Council should make a contribution for one year towards the two concerts.

Councillor Miss K A Lagan thought that it was a good idea to bring classical music to youth but felt that this was a function of the North Eastern Education and Library Board.

Councillor Junkin said that the Ulster Orchestra also received funding from the Arts.

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Mr. Johnston pointed out that the Ulster Orchestra was reputed to be in financial difficulties. He said that after the orchestra received money from the Council they had to play in the District twice in that year and he felt that the proposal in front of the Council was not in keeping with their requirement.

The Chief Executive suggested increasing funding to Magherafelt Arts Advisory Trust and allowing them to decide as to whether or not this particular application should be funded.

Councillor J F Kerr welcomed the Chief Executive’s advice.

On consideration it was

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

RESOLVED: that the Council’s contribution to the Magherafelt Arts Advisory Trust be increased and allowing them to fund the proposal from the Ulster Orchestra.

Mr Burrows retired from the meeting at 10.20 p.m.

21. ECONOMIC 21.1 Economic Development Action Plan DEVELOPMENT Submitted report on the Magherafelt LocalEconomic Action Plan for 2001-2006 summarising the key points and seeking Council approval for the Economic Development Action Plan submitted to the Department of Enterprise Trade and Industry to draw down £549,577 of European Funding (copy circulated to each Member).

On consideration it was

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

RESOLVED: that the Council approves the Economic Development Action Plan submitted to the Department of Enterprise, Trade and Industry to draw down £549,577 of European Union funding.

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21.2 Northwest Region Cross Border Group Submitted a report recommending that Magherafelt District Council joins the Northwest Cross Border Group and setting out issues that could be more effectively addressed if it joined (copy circulated to each Member).

On consideration it was

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

RESOLVED: that the Council join the Northwest Cross Border Group.

22. CONFERENCES 22.1 IWM Conference: AND COURSES On consideration it was

268/1/2002 PROPOSED by Councillor G C Shiels Seconded by Councillor Rev Dr R T Wm McCrea,

That Councillor J Junkin and two officers attend the Institute of Waste Management Conference and Exhibition to be held in Torbay in June.

It was

PROPOSED by Councillor J A McBride Seconded by Councillor P H McErlean

That Councillors Miss K A Lagan and P E Groogan because they serve on the North West Waste Management Group, also attend the Conference and Exhitition.

There being no further nominations the Chairman declared that Councillors J Junkin, Miss K A Lagan and P E Groogan, together with two officers attend the Waste Management Conference and Exhibition.

Councillor Miss Lagan requested that if for any reason she would not attend that the Vice- Chairman go in her place and this was agreed to.

Mr Johnston agreed to furnish the Council with dates and prices when arrangements had been completed.

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22.2 LAMA Conference: It was

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

That Councillor R A Montgomery attend the LAMA conference to be held on 4/5 April 2002 in Tralee. The fee was C250 per delegate.

Discussion took place on the number of delegates that had attended in the past, the need for more than one delegate and the unnecessary spending of public money.

It was further

PROPOSED by Councillor J J Kelly Seconded by Councillor J F Kerr

That Councillors S O’Brien and P H McErlean also attend the LAMA Conference.

There being no further nominations the Chairman declared that Councillors R A Montgomery, S O’Brien and P H McErlean attend the LAMA Conference.

23. CONSULTATION 23.1 Submitted the following consultation DOCUMENTS documents:-

195/1/2002 23.2 Letter and Consultation Document on the proposed Environmental Protection (Duty of Care) Regulations (Northern Ireland) 2002 and the Draft Code of Practice for Waste Holders under Article 5 of the Waste and Contaminated Land (Northern Ireland) Order 1997 prepared by the Department of the Environment seeking comments by 28 February 2002 (copies circulated to each Member).

23.3 Letter and Consultation Document prepared by the Department of Regional Development on a proposed Strategic Planning Bill, seeking comments by 28 February 2002 (copies circulated to each Member).

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23.4 Letter and Consultation Document prepared by the Northern Ireland Court Service on a Court Accommodation Strategy, seeking comments by Friday 29 March 2002 (copies circulated to each Member).

23.5 Consultation Document and Response Form prepared by the Department of Education entitled “Catering for Healthier Lifestyles” – compulsory nutritional standards for school meals, and seeking comments by 8 February 2002 (copies circulated to each Member).

23.6 It was agreed that if any Member of party grouping wished to make comment on any of these documents they should forward them to the Chief Executive who would then arrange to send them on to the appropriate body.

24. STAFF MATTERS 24.1 The Chief Executive advised that there were no staff matters to be considered.

25. LEGAL MATTERS 25.1 The Chief Executive advised that there were no legal matters to be considered.

26. MEMBERSHIP TO 26.1 Councillor J J Kelly requested that NILGA nominations to the Northern Ireland Local Government Association (NILGA) be placed on 198/1/2002 the Agenda for consideration at the next Council Meeting, and this was agreed to.

27. SEALING OF 27.1 The Seal of the Council is hereby affixed to DOCUMENTS the following document:-

Deeds of Transfer – Magherafelt District Council to Lupari, Corran & Caskey for lands between Westland Road and Highfield Road, Magherafelt – Folio LY22274L.

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

(a) Minutes of Meetings of the North Eastern Education and Library Board. (b) Minutes of Meeting of the Northern Health and Social Services Council held on Wednesday, 7 November 2001. (c) Copy of the Department of Agriculture and Rural Development’s Over Thirty Months Scheme – Throughput for November 2001, copy circulated to each Member. 38

(d) Copies of Northern Ireland Evelopment Link – Environment Fact Sheet Volume 1 – Issue 3 and Volume 2 – Issue 1 (copies circulated to each Member). (e) Copy of the Government’ Statement of Purpose and Aims of the criminal justice system in Northern Ireland – December 2001. (f) Copy of The Northern Ireland Housing Market – Review and Perspectives 2002-2005. (g) Copies of the Northern Ireland HMO Voluntary Licensing Scheme for Landlords – Summary of Consultation Submissions and Housing Executive Responses and Licensing Scheme for Houses in Multiple Occupation. (h) Copy of “Shaping our Future” – Regional Development Strategy for Northern Ireland 2025 prepared by the Department of Regional Development. (i) Copy of Report of a Consultation Conference on Developing a Regional Transportation Strategy held on 28 September 2001 and organised by Community Technical Aid. (j) Copy of Second Report of the Children’s Order Advisory Committee. (k) Annual Reports –

1. The Architectural Heritage Fund 2. Northern Health and Social Services Board – Director of Social Services 3. The Planning Service 4. Northern Ireland Economic Council 5. Community Relations Council 6. The Water Service 7. Northern Health and Social Services Board – Director of Public Health 8. FOLD.

The meeting concluded at 10.30 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date).