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MAGHERAFELT DISTRICT COUNCIL MINUTES of Proceedings of A MAGHERAFELT DISTRICT COUNCIL MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 8 June 2004. The meeting commenced at 7.00 pm. Presiding: P E Groogan Other Members Present: R A Montgomery T J Catherwood O T Hughes J Junkin J F Kerr Miss K A Lagan J A McBride Rev Dr R T Wm McCrea P H McErlean P McLean J J McPeake H E Mullan S O’Brien J P O’Neill G C Shiels Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) C W Burrows (Director of Environmental Health) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary) Representatives from Other NEA NI: Bodies in Attendance: Ms Majella McCloskey Roads Service: Mr P Doherty – Divisional Roads Manager Mr D McFarlane – Section Engineer 1. MINUTES 1.1 It was PROPOSED by Councillor J F Kerr Seconded by Councillor P H McErlean, and RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 11 May 2004 (copy circulated to each Member) be taken as read and signed as correct. 2 1.2 Submitted Minutes of a Special Meeting of the Council held on Thursday, 3 June 2004. 1.2.1 Councillor G C Shiels stated that the Minutes were incorrect in that he recalled that Councillor P McLean requested a recorded vote on the proposal that the Magherafelt By-pass should follow the route as shown on the Area Plan. 1.2.2 Councillor Rev Dr R T Wm McCrea disagreed stating that he had apologised for the absence of Councillors R A Montgomery and P McLean. 1.2.3 Councillor Shiels then enquired if all the Members listed as present was correct. 1.2.4 Councillor J F Kerr said that he was recorded as being present, but in actual fact did not attend. 1.2.5 There being no further amendments it was PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J A McBride, and RESOLVED: that the Minutes of the Special Meeting of the Council held on Thursday, 3 June 2004 (copy circulated to each Member) subject to the above amendment, be taken as read and signed as correct. 2. MATTERS ARISING 2.1 The Chief Executive advised that there were OUT OF THE MINUTES no matters as such arising out of the Minutes. 312A/6/2004 2.2 The Chief Executive submitted a letter of reply to the Council’s motion on the use of the former RIR Base in Magherafelt from Ian Pearson MP, Parliamentary Under Secretary of State for Northern Ireland dated 21 May 2004 (copy circulated to each Member). 2.3 The letter intimated that whilst some Members were disappointed by his decision to devote the whole site to educational purposes they were fully aware that he had been considering options for some time and it was only after careful and lengthy consideration that he made his final decision. 3 The Minister further stated that nothing had changed since to alter his decision to build the new Magherafelt Primary School on the RIR site as part of a programme to provide innovative facilities for children and teachers. The early years campus planned by the North Eastern Education and Library Board would fit well with this strategy. 2.4 The Minister also stated that in respect of the Woodworking Design Centre project proposed by Magherafelt Business Forum, he understood that the Forum was engaged with Invest NI to explore the future potential of the project and a meeting was planned for 18 May to take this forward. 2.5 In conclusion the Minister sought the Council to consider options for the future use of the current primary school once it became available and he hoped to receive proposals in due course. Noted. 2.3 Councillor R A Montgomery thanked the Members for the basket of fruit and Good Wishes sent to him while he was in hospital recently. Noted. 2.4 It was PROPOSED by Councillor J Junkin Seconded by Councillor Rev Dr R T Wm McCrea, and RESOLVED: that Mr Stanley Campbell, the Mid- Ulster Mail reporter who attended the Council Meetings should receive something from the Council as he had been quite ill, along with the Council’s Good Wishes for a speedy recovery. 3. PETROLEUM Submitted the following applications for Petroleum LICENCES Licences which were in order and recommended for renewal: 4 P.01 S H Watterson (Eng) Ltd 80 Aughrim Road, Magherafelt - Mrs Joanne Donnelly P.21 Davison’s Filling Station 27 Main Street, Bellaghy – Mr R E Davison P.28 O’Kane Cars Ltd 150 Hillhead Road, Castledawson – Mr J O’Kane P.48 Kirkpatrick Filling Station 27 Main Street, Tamlaght O’Crilly – Mr Roland Kirkpatrick P.56 Gort Service Station 29 Church Street, Maghera - Mr Brian McLean P.60 Bradley’s Service Station 19 Coleraine Road, Maghera – Mr K Bradley P.61 Millbrook Service Station 27 Desertmartin Road, Tobermore – Mr D Smith P.74 Diamond Service Station 14 The Square, Draperstown – Mr E McAuley 3.1 On consideration it was PROPOSED by J F Kerr, Seconded by Councillor Rev Dr R T Wm McCrea, and RESOLVED: that the applications as submitted be renewed. 4. STREET TRADING Submitted the following applications: LICENCES 4.1 Two Street Trading Licences which were in order and recommended for renewal:- ST 9 Mr Alan G Coffey 39a Cloughey Road, Portavogie Central Reservation, Market Street, Magherafelt ST 22 Mrs Mary McNicholl 2 Claragh Hill Park, Kilrea Grillagh Picnic Area, Moneysharvin Road, Maghera 5 4.2 One Temporary Street Trading Licence which was in order and recommended: Tobermore T 8 Ms Olive Burns 132 Glen Road, Maghera – 7 – 11 June 2004 4.3 On consideration it was PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J F Kerr, and RESOLVED: that the applications as submitted be approved. 5. REGISTRATION OF Submitted copy of an application for Registration A CLUB of a Club under the Registration of Clubs (NI) Order 1996 for information:- 06/04 O’Donovan Roassa GAC, Magherafelt Noted. 6. PLANNING SERVICE Consideration was given to the following MANAGEMENT BOARD submissions to be made to the Planning Service Management Board: 184/6/2004 6.1 H/2003/0760/O – Mr H Leacock: Councillor G C Shiels requested that this submission be deferred. Noted. 6.2 H/2002/0827/F – Miss J Derby: Councillor J A McBride requested that this submission be deferred. Councillor Rev Dr R T Wm McCrea intimated that he might discuss this application with the Divisional Planning Manager. Noted. 6 7. PLANNING SERVICE Submitted the Divisional Planning Service’s report dated 8 June 2004 (copy circulated to each 185/6/2004 Member). The following applications were taken into special consideration:- 7.1 Councillor G C Shiels enquired from the Chief Executive if there was any comeback from the Department about the format of the planning schedule. 7.1.1 In reply, the Chief Executive advised that he had spoken to the Divisional Planning Manager on the matter and that she was reluctant to change. 7.1.2 Councillor Rev Dr R T Wm McCrea stated that he had also spoken to Mrs O’Toole on the matter and had told her that it would have be courteous to have consulted with the Council on the proposed changes to the format of the schedule. He said that there was one major difficulty in that those applications that had been deferred could slip off the schedule, as the Department had decided not to produce a list of those “applications still under consideration”. He requested that a written request concerning this matter be forwarded to the Divisional Planning Manager and a copy be sent to Mr David Ferguson, the Chief Executive of the Planning Service. 7.1.3 Councillor Shiels suggested that the current situation was very convenient for the Planning Service and the Council was being brought under their cloak. 7.2 New Applications: H/2001/0977/O – Marald Developments It was noted that whilst the Planning opinion was approval there was one objection. Councillor P H McErlean requested that the application be deferred for one month. Councillor O T Hughes requested that in allowing one month, he proposed that if there was no additional information, (no contact or new evidence) the Planning Service should issue an approval. He said that the application had sat for a period of three years and he felt any further delay would be unfair to the applicant. 7 Councillor Miss K A Lagan warned the Members that they should be careful of the one objection which should not be taken lightly in case of court action. Councillor Rev McCrea stated that if this was the first time that the application had appeared on the planning schedule and the objector had a right to be heard. He said also, that if there was potential court action it could not be resolved in one month. Councillor Hughes stated that Planning thought that the problem could be overcome but instead there had been a time-delay on this application since 19 November 2001. Councillor Miss Lagan said that the objector probably thought that the application would be a refusal so there was no need to go to court. Councillor McErlean said that he was led to believe that it was not the objector that was taking court-action. The Chief Executive enquired if the problem was ownership of sight splays.
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