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.

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.

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:

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

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.

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.

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.

Councillor O T Hughes replied, yes.

Councillor Rev McCrea said that the Council could not be sure but agreed that the application should be deferred.

Councillor J Junkin said that the matter was really up to the Planning Service.

The Chief Executive sought clarification as to what the Council decided to do.

It was agreed that the application be deferred for one month and if no contact had been made with the Planning Service regarding objections, then an approval should be issued.

H/2003/0274/F – Mr W Garvin Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 9.30 am. Councillor G C Shiels to attend.

H/2003/0404/F – Mr P Forbes Deferred. Site meeting to be arranged Tuesday, 15 June at 2.20 pm. Councillor J A McBride to attend.

H/2003/0439/O – Mr B Boyle Approval.

H/2003/0480/F – F P McCann (Dev) Ltd Approval.

H/2003/0731/F – Three-Four Ltd Deferred for one month on the request of Councillor J F Kerr.

H/2003/0969/F – Mr G Watters Approval.

H/2003/1089/O – Mr & Mrs P Short Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 10.50 am. Councillors J A McBride and H E Mullan to attend.

H/2003/1150/F – Mr & Mrs McElroy Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 2.00 pm. The Chairman, Councillor P E Groogan and Councillor Miss K A Lagan to attend.

H/2003/1181/O – Mr E Mallon Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 3.10 pm. Councillor Miss K A Lagan to attend.

H/2003/1218/O – J Kirk Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1252/F – Mr M Wilson Approval.

H/2003/1292/O – Mr G Miller Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1295/O – Mr W Wylie Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1298/O – Mr J Lennox Approval.

H/2003/1301/O – K Murray Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 2.45 pm. Councillors J F Kerr and J A McBride to attend.

H/2003/1304/O – M Diamond Approval.

H/2003/1310/O – M Diamond Approval.

H/2003/1311/O – G Meehan Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 3.30 pm. Councillor J A McBride to attend.

H/2003/1312/O – JJ Diamond Approval.

H/2003/1320/O - M Scullion Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 10.00 am. Councillor J A McBride to attend.

H/2003/1333/F – Mr S Henry Approval.

H/2003/1335/O – PRH Construction Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 11.30 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1336/F – PRH Construction Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 11.40 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1339/F – R Sheils Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 2.40 pm. Councillor Miss K A Lagan to attend.

H/2003/1349/O – Mr H Turner Approval.

H/2003/1350/O – BMC Construction Approval.

H/2003/1354/O – Mr J O’Kane Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 1.30 pm. Councillors S O’Brien and J A McBride to attend.

H/2003/1357/O – R Leslie Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 10.00 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1358/O – R Leslie Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 10.15 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1379/O – Cassidy Brothers Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 11.10 am. Councillors S O’Brien and J A McBride to attend.

H/2003/1381/O – Mr J Johnston Approval.

H/2003/1386/O – A Hatrick Approval.

H/2003/1389/O – T Rankin Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 10.30 am. Councillors J P O’Neill and O T Hughes to attend.

H/2003/1390/O – Mr B Quinn Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 12 noon. Councillor J A McBride to attend.

H/2003/1396/O – A J Farrell Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 1.30 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1414/O – Mr J Lennox Approval.

H/2003/1415/O – Mr & Mrs S Convery Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 2.20 pm. Councillor Miss K A Lagan to attend.

H/2003/1418/O – A Cowan Approval.

H/2003/1421/O – Mr J Kelso Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 1.00 pm. Councillors J Junkin and T J Catherwood to attend.

H/2003/1423/O – Mr J Kelso Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 1.10 pm. Councillors J Junkin and T J Catherwood to attend.

H/2003/1432/O – Mr D Boyd Approval.

H/2003/1439/O – Mr Murphy Deferred. Site meeting to be arranged for Tuesday, 15 June 2004 at 10.00 am. Councillor J A McBride to attend.

H/2003/1441/O – Mr B McErlean Approval.

H/2003/1445/O – Mr F Porter Deferred for one month on the request of Councillor R A Montgomery.

H/2003/1449/O – Mr J O’Connor Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 11.20 am. The Chairman, Councillor P E Groogan to attend.

H/2003/1454/F – Mr G O’Neill Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 10.50 am. Councillor O T Hughes to attend.

H/2003/1467/O – Mr M McEldowney Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 2.00 pm. Councillor O T Hughes to attend.

H/2003/1493/F – Mr J Dillon Approval.

H/2003/1519/O – Mr G Campbell Approval.

H/2003/1523/O – Mr T Glass Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 3.30 pm. Councillor O T Hughes to attend.

H/2003/1541/F – Mr Convery Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 11.30 am. The Chairman, Councillor P E Groogan to attend.

H/2004/0013/F – Mr M McErlean Approval. 12

H/2004/0049/R – Mr J Mawhinney Approval.

H/2004/0094/F – H Stewart Approval.

H/2004/0156/O – Estate of J Donnelly (Decd) Approval.

H/2004/0162/R – Mrs E Campbell Approval.

H/2004/0241/R – P & C Morren Approval.

H/2004/0248/F – Fermac Properties Ltd Approval.

H/2004/0249/F – D McErlean Approval.

H/2004/0258/F – A.C.W. Homes Ltd Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2004/0281/F – Integrated Utility Services Approval.

H/2004/0293/R – S McCloskey Approval.

H/2004/0305/R – Mr P McGarry Approval.

H/2004/0310/F – Mr P McElwee Approval.

H/2004/0315/F – Mr J McKee Approval.

H/2004/0368/R – Mr S Murphy Approval.

H/2004/0409/F – Mr Moran Approval.

H/2004/0457/F – Miss A Kerr Approval.

H/2004/0464/F – John Higgins Contractors Ltd Approval.

H/2004/0466/F – Northern Ireland Electricity Approval.

H/2004/0468/F – Mr J McCloy Approval.

H/2004/0481/F – Mr P Donaghy Approval.

H/2004/0490/F – Mr S McGroggan Approval.

H/2004/0493/F – Ms P Conway Approval.

H/2004/0498/R – Mr D Gordon Approval.

H/2004/0512/O – J Houston Deferred. Site meeting to be arranged for Tuesday, 22 June 2004 at 3.00 pm. Councillor Miss K A Lagan to attend.

H/2004/0520/O – Mr F McCloskey Deferred. Site meeting to be arranged for Wednesday, 16 June 2004 at 1.00 pm. The Chairman, Councillor P E Groogan and Councillor Miss K A Lagan to attend.

H/2004/0521/F – Mr G McStocker Approval.

H/2004/0528/F – A Fulton & S Cuddy Approval.

H/2004/0542/F – Mr Clarke Approval.

H/2004/0552/F – J McClenaghan Approval.

H/2004/0561/F – Ms Doole Approval.

H/2004/0563/F – M Loughran Approval.

H/2004/0575/F – Mrs A Payne Approval.

H/2004/0589/F – J Mullan Approval.

H/2004/0593/F – Mr & Mrs S Heaney Approval.

H/2004/0595/F – Mr & Mrs Robb Approval.

H/2004/0625/F – D O’Neill Approval.

H/2004/0645/F – Mr J Spallen Approval.

H/2004/0648/F – Mr A Donaldson Approval.

7.3 Applications Deferred from Previous Meeting:

H/2001/0290/O – Mr J Boyle Refusal. Councillor Miss K A Lagan advised that this application would possibly proceed to an appeal.

H/2002/0597/F – Mr R Hastings Approval.

H/2002/0846/O – Mr P Watters Deferred for further information on the request of Councillor Rev Dr R T Wm McCrea.

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

H/2003/0501/O – Mr J McKeever Deferred for one month on the request of Councillor P H McErlean.

H/2003/0580/O – T A McGoldrick Approval.

H/2003/0591/O – J Campbell Approval.

H/2003/0625/O – Mr S Johnston Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0721/O – Mrs K Bleaks Approval.

H/2003/0734/O – Mrs M Davidson Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0746/O – J Blair Deferred for one month on the request of Councillor O T Hughes.

H/2003/0760/O – Mr H Leacock Deferred for one month on the request of Councillor G C Shiels.

H/2003/0785/O – Mr G Gordon Deferred for one month on the request of Councillor J Junkin.

H/2003/0802/O – Mr A Brooks Refusal. It was

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

RESOLVED: that in the event of the application being forwarded to the Planning Appeals Commission the Council gives the application its full support.

H/2003/0827/F – Miss J Derby Deferred. Councillor J A McBride stated that this application had already been discussion and should be progressing to a Planning Management Board meeting. Councillor Rev Dr R T Wm McCrea requested a meeting with the Divisional Planning Manager to further discuss this application.

H/2003/0835/O – M Birt Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0857/O – Mrs C Johnstone Three weeks warning letter or refusal issued.

H/2003/0861/O – C Molloy Deferred on the request of the Chairman, Councillor P E Groogan.

H/2003/0881/O – Mr L Madden Deferred for one month on the request of Councillor J P O’Neill.

H/2003/0882/F – Jessica McGarry & Stephen Moon Deferred. Councillors T J Catherwood and G C Shiels requested an office meeting.

H/2003/0903/F – Mr M Wilson Three weeks warning letter or refusal issued.

H/2003/0904/O – Miss E McGurk Approval.

H/2003/0929/O – Mrs J Mullan Deferred for one month on the request of Councillor Miss K A Lagan.

H/2003/0932/O – Mr C Young Deferred for one month on the request of Councillor J A McBride.

H/2003/0942/O – E McCloskey Deferred for one month on the request of Councillors Miss K A Lagan and R A Montgomery.

H/2003/0959/F – Mr F McCloskey Approval.

H/2003/0971/O – Mr E McGuigan Deferred for one month on the request of Councillor J A McBride.

H/2003/0976/O – J J Diamond Deferred for one month on the request of Councillor J J McPeake.

H/2003/0978/O – Mr E Mulholland Deferred for one month on the request of Councillors O T Hughes and J J McPeake.

H/2003/0986/O – D Campbell Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1023/O – Mr D Lynn Approval.

H/2003/1024/O – Mr C McMullan Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1025/F – Mr G Ward Deferred for one month on the request of Councillor P H McErlean. 17

H/2003/1048/O – E J O’Kane Senior Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1067/O – D Seffen Approval.

H/2003/1073/O – Mr E Higgins Deferred for one month on the request of Councillor J J McPeake.

H/2003/1077/O – Mr B Birt Deferred on the request of Councillor O T Hughes.

H/2003/1085/O – Mr D O’Connell Deferred on the request of Councillor J A McBride.

H/2003/1131/O – Mr R Paul Approval.

H/2003/1132/O, H/2003/1134 and H/2003/1135/O - Mr R Paul Deferred for an office meeting on the request of Councillors G C Shiels and Rev Dr R T Wm McCrea.

H/2003/1217/O – E Gallagher Deferred so that amendments could be considered.

H/2003/1221/O – D Lyle Deferred. Councillor R A Montgomery requested an office meeting.

H/2003/1235/O – Mr P McCullagh Deferred for an office meeting on the request of Councillors Miss K A Lagan and J F Kerr.

H/2003/1243/F – B McGillian Deferred for one month on the request of the Chairman, Councillor P E Groogan.

H/2003/1269/O – J Martin Councillor J Junkin stated that at the previous monthly meeting he had asked that this application be refused, but as it had appeared on the schedule again, he requested that it be deferred for one month to allow him to consult with the applicant.

H/2003/1399/F & H/2003/1426/L – M Reid Deferred for clarification on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1466/O – R Milne Deferred. Councillor P H McErlean requested an office meeting.

7.4 Submitted an email from the Planning Officer requesting that the following application be added to the list of applications deferred:

Application No.: H/2003/0972/O Applicant: T Kerr Appl. Address: 6 Parkview, Castledawson Location: 200m South West of 23 Curran Road, Castledawson Proposal: Site of dwelling and garage Representation 0 Objections 0 Support 0 Petition of Objection 0 Support Petitions 0 Opinion: Approval

It was agreed that this application be included in the list of applications deferred.

7.5 It was

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

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 8 June 2004, subject to the above amendments.

7.6 It was further

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

RESOLVED: that the Planning Service be authorised to issue approvals where there were no objections, in respect of applications for the Magherafelt District which would normally appear on the July schedule.

7.7 Submitted the following letters from the Divisional Planning Manager advising that planning applications had been lodged with the Planning Appeals Commission (copies circulated to each Member):

7.7.1 Three-Four Ltd for a housing development off Sandy Braes/Pound Road, Magherafelt and advising that on receipt of Environment & Heritage Natural Heritage consultation response they had given the complete draft Refusal reasons for this application.

7.7.2 Unit 6, Workspace, 80 Rainey Street, Magherafelt – Change of use from industrial unit to a waste cooking oil recycling plant; advising that this application had been withdrawn.

7.7.3 Housing development for F P McCann at Bellshill Road, Castledawson advising that an appeal in default of a planning decision had been lodged with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order

7.7.4 Housing development for Mr E Burns, North of 26-44 Magherafelt Road, Draperstown advising that an appeal in default of a planning decision had been lodged with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order

7.7.5 Housing development for William Clark & Son – application H/2003/1544/O (retain industrial works) on lands surround and incorporating Clark’s Industrial Works, Kilrea Road, Upperlands, Maghera setting out the Department’s view which was to refuse planning permission on the grounds set out in the letter.

Noted.

7.8 Submitted a letter dated 19 May 2004 from the Northern Ireland Water Council expressing concern about the impact of planning applications on the water and sewerage infrastructure (copy circulated to each Member).

7.8.1 The letter intimated that the Council believed that in some instances planning permission was granted for new developments where the water and sewerage system did not have the capacity to deal with the increased demand which could increase the threat of pollution incidents.

7.8.2 The letter alerted the Council to the Water Council’s belief that planners placed too great an emphasis on whether or not treatment works existed in the vicinity of a new development and too little emphasis on whether of not the works had capacity to deal with the increased demand. It further believed that planning approval should not be granted unless it was established that the necessary water and sewerage infrastructure was in place to cope with the capacity requirements of any new development.

Noted.

8. PLANNING APPEALS 8.1 The Chief Executive advised that the COMMISSION Planning Bulletin for the month of April 2004 was not yet available on-line. 218/6/2004 Noted.

8.2 Submitted letter from Upperlands Development Ltd dated 6 May 2004 objecting to a planning appeal in the name of William Clark & Sons for a housing development (Retain Industrial Works) on land surrounding and incorporating Clark’s Industrial Works, Kilrea Road, Upperlands, Maghera (copy circulated to each Member).

8.2.1 The Chairman in his letter explained the reasons for the voluntary community group’s objections. He pointed out that should the planning appeal be allowed, it would close down their Community Hydro Station with all the attendant issues including loss of investment by their funders and themselves, loss of long term income from the sale of electricity power, and the loss of a significant element of non-fossil fuel power generation. Whilst the group had no objections to the appellant re-developing the site of former industrial buildings, subject to non hindrance of the hydro operation, and compatible with the architectural character of the village, the acreage involved appeared much greater than that required by their small community.

8.2.2 The Chief Executive advised the Members that Mr Glasgow, Chairman of Upperlands Community Development Ltd was in effect seeking the Council’s support.

8.2.3 Councillor Rev Dr R T Wm McCrea said that he had already written supporting the Community Development’s objections to the application.

8.2.4 On further consideration it was

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

RESOLVED: that the Chief Executive write to Upperlands Community Development Ltd supporting their reasons for objection, and also to forward copies of the letters to the Planning Service and the Planning Appeals Commission.

9. FUEL POVERTY The Chairman welcomed Ms Majella McCloskey, PRESENTATION Director of National Energy Action Northern Ireland (NEA NI) to the meeting and asked her to 6/2004 give a brief presentation on the Working Group’s ‘Vision for Action – Tacking Fuel Poverty in Magherafelt’ (copy circulated to each Member).

9.1 Ms McCloskey explained that NEA NI was the fuel poverty charity for Northern Ireland. Tackling fuel poverty and producing a fuel poverty strategy was a Programme for Government and the Department of Social Development had given a commitment to end fuel poverty in vulnerable households by 2010 and in all other households by 2016. Magherafelt District currently ranked first on the league table in Northern Ireland with 46.7% of its area fuel poor. Magherafelt Fuel Poverty Group had started in response to this league table, which initially showed Magherafelt as second in the league, but recently this position had changed to first place. Ms McCloskey outlined how the group had grown, the membership and its achievements to date. She gave an overview of the Group’s vision, project aims and approach to fuel poverty. The Group hoped to achieve within its four-year plan:

• A district wide project • Focus on areas of greatest need • To compliment practical measures with – Energy advice Benefits maximisation Research and evaluation 22

• To look at innovative solutions – cost of fuel, paying for fuel, renewable or sustainable solutions.

Ms McCloskey said that energy efficient programmes were available under the current policy through the Warm Homes Scheme, Schemes under Customer Energy Efficiency Levy and the Northern Ireland Housing Executive Heating Programme and Disabled Facilities Grant. However other possible sources of funding were being explored and costs “in kind” and partner funding were also very important.

9.2 Councillor J F Kerr commended the work of the Working Group and asked if there was any research as to why Magherafelt had so much fuel poverty as this was an issue that needed to be addressed.

9.3 In reply, Ms McCloskey said that the Group agreed that this issue had to be addressed. She had enquired from the Northern Ireland Housing Executive why the percentage was so high and they had agreed to give the feedback to the Working Group. She said that any local demographic information would be helpful. Ms McCloskey expected an improvement since the 2001 statistics.

9.4 Councillor T J Catherwood requested details of all the members of the Fuel Poverty Working Group.

9.5 Ms McCloskey said that membership was made up of elected Members of the Council and non-elected members and they included people such as:

Mark O’Donnell – Department for Social Services Stephen Murray – Northern Investing for Health Partnership Therese Lowry – Rural Health and Social Well-being Project Sandy Wilson – Oakleaf Rural Community Network Marion McCloskey – Homeseal Northern Ireland

9.6 It was agreed that a full membership list would be furnished to Members of the Council.

9.7 Councillor Rev Dr R T Wm McCrea enquired whom the Group was particularly aiming to help.

9.8 Ms McCloskey said that the Group was aiming to help all the citizens of the area in aiming to make them aware of fuel poverty, but particularly those on low income and those on benefits so that they receive the benefits and wage levels entitled to them.

9.9 Councillor Rev McCrea referred to the many workers in the area, particularly hospital workers and others including those in Government Services who were on low wage levels. He said that some were just over the poverty line but paid for everything. He said that the Group could do little about their wage level. If that goal were set the Group would be judged by it. He referred to the number of people who had little choice in heating, e.g. coal fires. He said that Phoenix gas was by-passing the area, so there was no access to gas. Fuel poverty problems needed to be tackled, but the Group could not do everything, everyone needed to work together with the same vision.

9.10 Ms McCloskey explained that regarding low wages the Group hoped to pursue minimum wages and encourage benefit take-up and if the local community got involved it would make a big difference. She referred to the work carried out by Armagh Dungannon Health Action Zone and by the Aughnacloy and Darkley community.

9.11 Councillor Miss K A Lagan said that whilst Majella and Stephen Murray did a lot of the work for the Group, new people were still coming on board. She said that funding was extremely important and she hoped for whole-hearted financial support from the Council.

9.12 Councillor J Junkin reminded Members that part of the Magherafelt District Council area appeared to be included with Ballymena.

9.13 Ms McCloskey said that the Housing Executive had used postcodes for delivery, but the matter had been discussed and would be acted upon by the Working Group.

9.14 The Chief Executive stated that in his opinion the fact that Magherafelt had the highest level of fuel poverty contradicted other broad indicators, such as Magherafelt District Council area having one of the lowest levels of unemployment etc. In particular, he felt that the total number of houses was wrong since Magherafelt District Council issued approximately 14,000 black bins, thus indicating approximately 14,000 houses – yet these statistics indicated a lot less households.

9.15 Councillor Miss Lagan said that housing unfitness was high and the wage level was low in the Magherafelt area, but it was all the more important to get the research right.

Ms McCloskey retired from the meeting at 8.05 pm.

10. ROADS SERVICE The Chairman welcomed Mr P Doherty, Divisional Roads Manager and Mr D McFarlane, Section 279/6/2004 Engineer to the meeting and asked him to present his Annual Spring Roads Report for 2004.

10.1 Mr Doherty thanked the Chairman and the Council for the opportunity to present the Annual Report. He said that the level of investment in the Magherafelt Council area was indicative of the continued high levels of investment across Northern Ireland which once again saw Roads Service committing some £70 million towards structural maintenance. 2003/2004 had been a successful year for the District in terms of investment in the roads network. £2.13 million had been spent in the District on structural maintenance of which 90% was for the minor route network. 123 Km of the road network had been treated in the last year.

10.2 In the year 2004/2005 approximately £2.2 million would be spent on structural maintenance.

10.3 Mr Doherty said that the highlight of the year was the opening of the Toome By-pass in March which brought significant journey time- savings, both into and out of the District.

To complete the Toome By-pass, Roads Service was currently developing proposals to dual the existing single carriageway stretches of the A6 West of the M2 motorway and east of the Castledawson Roundabout. It was also worth noting the recently completed ‘two-plus-one’ improvement scheme at Curran.

10.4 Mr Doherty also mentioned the provision of a Park and Share facility at Craigadick, Maghera, the construction of a footpath at Clady Road, Portglenone and the Traffic Calming Schemes in Bellaghy and at Ballyronan Road, Magherafelt.

10.5 During the year 2004/2005 Roads Service had secured funding for local transport and safety measures. The programme included the provision of a footway, verge and carriageway widening at Sixtowns Road, Draperstown, a footway at Altayeskey Road, Draperstown and the land acquisition and design of a carriageway realignments scheme at Ballymacombs Road, Smithtown Cross.

10.6 Mr Doherty paid tribute to the Roads Service staff involved in winter maintenance which included spreading 2,200 tons of salt on roads in the District, keeping them clear of ice and snow.

10.7 Mr Doherty also explained to Members the aim of the differential acceleration lane coming off the Castledawson roundabout towards Dungiven. This was to enable faster vehicles to over-take slow traffic when coming off the roundabout and similar schemes were planned throughout the District.

10.8 Magherafelt By-pass was still in the pipeline, and a two-plus-one overtaking opportunity between Moneymore and Magherafelt was also planned.

10.9 Resurfacing and reconstruction schemes for 2004/2005 included:

• Removal of defective areas and reconstruction of carriageway at Broad Street, Magherafelt • Removal of defective areas and reconstruction of carriageway and footway, Tamney Crescent, Maghera 26

• Removal of defective areas and reconstruction of carriageway and footway at Crawfordsburn Drive, Maghera • Asphalt resurfacing of carriageway at Tirkane Road, Maghera • Removal of defective areas and reconstruction of carriageway and footway at Mullaghboy Crescent, Magherafelt • Removal of defective areas and reconstruction of carriageway and footway at Craigadick Park, Maghera • Removal of defective areas and reconstruction of carriageway and footway at McGurk’s Villas, Gulladuff.

Resurfacing work would be carried out at various locations throughout the area and was intended to repair surface defects such as potholes, and broken flagstones to prolong the life of the road and to strengthen them, along with skid resistance and safety for the public.

10.10 Local transport and safety measures planned were:

• Alterations to existing right-turn facilities on A6 Glenshane Road/Lurganagoose Road junction • Provision of double mini-roundabouts and pedestrian facilities on A29 at Hall Street/Coleraine Road junction, Maghera • Provision of pedestrian island on A31 at Moneymore Road, Magherafelt • Improvement to forward sight distance and carriageway widening on A54 Bellaghy (south) Church corner • Purchase land and design scheme for carriageway realignment on A54 at Ballymacombs Road at Smithtown Cross • Traffic calming scheme to include mini- roundabout and pedestrian facilities on B18 at Ballyronan Road, Magherafelt (Queen’s Avenue to Council Offices) • Provision of 270m of footway on western side of carriageway on B41 at Tobermore Road, Draperstown • Provision of mini-roundabout and bus lay-by on B41/B42 at Tobermore Road/Desertmartin Road, Magherafelt • Realign junction and improve sightlines on B162/U5226 at Strawlane/Doon Road, Moneyneany 27

• Provision of 380m of footway on south side and carriageway widening on B47 at Sixtowns Road, Draperstown • Provision of 170m of footway on eastern side of carriageway on C550 at Lurganagoose Road, Curran • Provision of 210m of footway on northern side of carriageway and improvement and forward sight distance on C554 at Altayeskey Road, Draperstown (at Primary School) • Provision of 110m of footway on eastern side of carriageway on C558 at Annaghmore Road, Castledawson • Completion of footway scheme on eastern side of carriageway, 78m in length on U190 at Knocknagin Road, Desertmartin • Provision of footway on northern side of carriageway - 98m in length on U5053 at Craigadick Road, Maghera (from Milltown Bridge to Falgortreevy Road) • Provision of mini-roundabout on U5145/U5144 at Garden Street/Union Road, Magherafelt • Provision of bus hard stands at various locations • Traffic calming measures at Knockloughrim Village • Traffic calming measures to include enhanced signs, speed ramps, traffic islands and road markings at Clady village • Provision of three disabled parking bays in Magherafelt town centre • Alterations to existing layout to discourage speeding at Union Road car-park, Magherafelt • Review of speed limits in all towns and villages.

10.11 Councillor Rev Dr R T Wm McCrea thanked Mr Doherty and Mr McFarlane for the work that had been carried out in the District but he hoped to see more. He enquired about Aughrim Road and improvements at Hogg’s house. He said that the road was dangerous and he understood that land had been made available and that that scheme would go ahead in 2004/05 but it had not been included. He requested that the matter be reconsidered.

10.11.1 Councillor Rev McCrea also drew attention to difficulty at Highfield Road, Magherafelt especially at St Pius X School since renovation, where it was difficult for a motorist to get out onto the Moneymore Road. 28

Councillor Rev McCrea said that he had received a lot of representation on this problem.

10.11.2 Councillor Rev McCrea also referred to the planned work of the removal of defective areas and reconstruction of carriageway at Broad Street, Magherafelt and had enquired about the best time to progress this work from the Police.

10.11.3 Councillor Rev McCrea commented that regarding the works and markings on the Ballyronan Road/Queen’s Avenue, Magherafelt, he did not know when any consultation had taken place and he was not sure where the proposals came from.

10.11.4 Councillor Rev McCrea also enquired about the crossing in Castledawson, and Knockloughrim calming scheme. He requested that there would be some consultation.

10.11.5 Finally, Councillor Rev McCrea enquired about the Magherafelt By-pass. He said that it was essential and should be at the forefront of the Department’s 10 year plan. He was concerned about the proposed dual carriageway to Castledawson going ahead before Magherafelt’s by-pass. However, he was in favour of the duelling from the M2 to Castledawson.

10.12 In reply, Mr Doherty said that in connection with the query on the crossing at Castledawson there were new guidelines for crossings. Regarding Knockloughrim’s traffic calming scheme consultation took place with the local community group. In connection with the scheme carried out at Ballyronan Road/Queen’s Avenue, Magherafelt this scheme had been carried over from the previous year. It was 90% complete at the Council Offices end and 50% complete at Queen’s Avenue. Mr Doherty said that he would be happy to look again at Aughrim Hill and if the land was available he would bring the scheme forward. With regards to the scheme at Broad Street he thanked the Council of its help but there simply was no right time for roadworks but Roads Service would try to carry out the works when it would be the least disruptive.

10.13 Councillor Miss K A Lagan reported that she was very happy with the scheme at Tamney Crescent.

The Park and Share facility at Craigadick, Maghera was not being used to the full extend because the young trees were obscuring the public’s view and people were afraid to park there.

Councillor Miss Lagan said that the footpath to be provided was only 98 metres which she considered to be not long enough and enquired if there had been any agreement with the developer to extend this. She looked forward to see how the proposal for a roundabout at Coleraine Road would work out and suggested that one might be better located on the Station Road, Maghera.

10.13.1 Councillor Miss Lagan further enquired why Roads Service were reluctant to put in low level ramps on the Main Street in Draperstown, and making two lanes into one at ‘The Elk’, Toomebridge.

10.13.2 Councillor Miss Lagan thanked the Roads Service for resurfacing at Ballyhagan.

10.14 Mr Doherty stated that in relation to the two lanes into one at ‘The Elk’, part of the problem was that the industrial estate was not yet in use and there were no markings on the roundabout at Toomebridge. Regarding Craigadick footpath no land was required for the first stage of 98 metres.

10.15 Councillor Miss Lagan interrupted by asking if the section from the A6 to the junction with the houses was not the first stage.

10.16 Mr Doherty pointed out that this middle stage had no land issues either.

10.17 Councillor Miss Lagan commented that the purchase of land at Draperstown was a short time- span compared to Craigadick.

10.18 Mr Doherty in reply to Councillor Miss Lagan’s queries said that ramps were generally used in estates where there were no through traffic but because of the anti-social behaviour in Draperstown it was felt that low level ramps would not stop joy-riders, but he would reconsider the matter.

10.19 Councillor J F Kerr thanked the Roads Service for their prompt response to the people especially the footpath at Craigadick and the Council’s motion for immediate action. 30

He waited with interest on the mini-roundabout in Coleraine Road/Hall Street, Maghera.

10.20 Councillor R A Montgomery thanked the Roads Service for providing a mini-roundabout in Tobermore. He reminded Roads Service of its commitment to provide double yellow lines at the Spar, Tobermore where it was difficult for motorists to see to turn right as cars were parked too close to the road end splays. Councillor Montgomery referred to the road surface on the Belfast Road in Maghera and the car-park at St Lurach’s Church, which was also in a bad state. He said that the surface was very rough and as a number of old people used it, there was potential for claims, he asked that these areas be re-tarred.

10.20.1 Councillor Montgomery further stated that the people living in Grove Terrace/O’Hara Road did not want traffic passing though this area and so they did not want a mini-roundabout. Councillor Montgomery asked that a report be prepared on possible traffic calming measures for this area.

10.21 In reply Mr Doherty said that he would consider the comments made by the Councillor but in the meantime he would try to arrange for the yellow lines to be put down at the Spar, Tobermore.

10.22 Councillor J A McBride thanked the Roads Service for the provision of disabled parking bays in Magherafelt and hoped it would alleviate problems. He referred to car clamping being tried in Armagh. Councillor McBride said that ramps only slowed down traffic in housing estates where there was no through traffic. He referred to the situation in Rainey Court and Killowen, Magherafelt. Councillor McBride referred to the calming measure proposed for St Pius X School and the provision of a new pedestrian island on Moneymore Road at the High School, Magherafelt and enquired if there had been consultation.

10.23 Councillor P McLean supported Councillor McBride in enquiring about consultation regarding the traffic calming measure on Moneymore Road. He also asked if there had been anything further done regarding the bridge on the Luney Road, Magherafelt.

10.24 Councillor J P O’Neill referred to the proposed traffic calming scheme for Clady and enquired about the completion of street lights from Clady village to Portglenone.

10.25 In reply, Mr Doherty said that consultation was complete on the ground for the traffic calming and it was hoped to be started in the Autumn and completed by Christmas. Regarding the street lighting from Clady to Portglenone there was only a section of some 300 – 400 yards which had no lighting.

10.26 Councillor P H McErlean enquired about the purchase of land at Smithtown Cross to facilitate the proposed road scheme there which he would welcome as there was a bad bend. He also referred to the need for a crossing in Castledawson, urgent road resurfacing on the Gulladuff Road from Bellaghy and road widening at the Church corner.

10.27 Mr Doherty said that at the Church corner (south end of village) there were land problems regarding development issues. He hoped that they would soon be resolved in order to improve the bend. Roads Service would consider the Gulladuff Road but it was a bog road and whilst Smithtown Cross would be a worthwhile scheme they were unable to purchase land.

10.28 Councillor P McLean thanked Roads Service for the good work carried out on the Moneymore Road. He referred to a dangerous stretch of roadway at Ballymuckleheany Hill and at Henry Brothers yard regarding the right-turning lane where there had been some dangerous incidents. He said that Mr Henry had offered to contribute towards the improvements but there had been little response to further development. Councillor McLean referred to traffic calming at Westland Road and on the entrance to Leckagh, Magherafelt. He again referred to a track used by residents from Westland to the Moneymore Road and in particular by one disabled person as a short cut and safe route, which needed repair. This route was often used by school children in order to avoid two roundabouts and the entrance to the Moneymore Road was beside the School Patrol Officer. Councillor McLean also sought Roads Service’s opinion on on-street parking especially in estates and through roads. He referred in particular to Highfield Road, Magherafelt. 32

10.29 Mr Doherty promised to look at the problem at Ballymuckleheany Hill and its history. He said that Roads Service welcomed any offer of help from the public and he would give the matter at Henry’s further consideration. He said that the pathway at Westland was not adopted by Roads Service.

10.29.1 After some discussion on this pathway it was agreed that the Northern Ireland Housing Executive should be approached first.

10.29.2 Mr Doherty said that traffic calming had not been considered for Westland or Leckagh estates and regarding on-street parking they would have to consider how they could bring pressure to bear to ensure better use of road space as well as safety issues and traffic progression. Families now had two or three cars and these cars were parked on both sides of the road through the estates. He felt that there were areas that could be developed for parking.

10.30 Councillor G C Shiels thanked the representatives from Roads Service for listening. He was pleased at the co-operation regarding the Broad Street scheme and trusted that the best time would be selected to do the work. He referred to the bringing of two lanes into one at the Elk, Toomebridge and also at the other end of the By- pass.

10.31 Mr Doherty said that the Toome By-pass had only recently been completed and that a number of road markings had yet to be carried out. He said that he felt that further signage and road markings would help and he would give the matter some further consideration but could not comment on anything further.

10.32 Councillor McLean suggested that the two lanes be made into one before approaching the roundabout.

10.33 Councillor T J Catherwood said that he was glad to see street lights on the Kilrea Road, Upperlands. He requested lights at the end of the Lurganagoose Road, Curran. The lights at Beagh Villas, Gulladuff also required upgrading. Councillor Catherwood referred to water lying on the road at Drumagarner and on the Lismoyle Road and requested a site meeting to have a look at the situation. 33

Councillor Catherwood said that there was a 9” pipe and an old stone drain and he suggested that they should be lifted and piped the whole way through as it was presently blocking a lot of water.

10.33.1 Councillor Catherwood further enquired when the grass was going to be cut. Grass was growing rapidly and a shabby job had been left anywhere workmen had cut grass. He asked why in the Ballymena area grass cutting started much earlier than in the Magherafelt District Council area.

10.34 Mr Doherty said that with regards to the A6 Lurganagoose junction Roads Service intended to change the right turning lane this year and would also be putting in cross road-studs at the junction which he hoped would overcome the problem of vision. The upgrading of lighting at Beagh Villas was noted. Regarding the water of the road he suggested that the Councillor discuss the details of this matter with Mr Des McFarlane. With regards to grass-cutting he could report that 100% of the first cut around towns and villages had been completed and 55% in the rural areas. Grass cutting was progressing quite rapidly and if there were any particular areas that required attention, particularly in relation to the quality of the work, Mr McFarlane would want to hear the details.

10.35 Councillor J J McPeake requested an extra footpath around Gulladuff village as the current provision was inadequate and many of the residents liked to walk in order to keep-fit. He referred to the steep gradient from Mayogall Road to Hall Lane and to the difficulties experienced by families living there particularly one disabled child who could not access the school bus and where a new local business could not off-load tractors. Residents felt that something had to be done to alleviate the problems.

10.36 Mr Doherty asked that the Council would help highlight the most critical pathways and help Roads Service in the assessment process. He said that this year was particularly heavily weighted to footpath schemes. He said that the problems at Mayogall was being considered currently by Roads Service and it was likely that necessary roadworks would take place.

10.37 Councillor J J Junkin said that he fully supported Councillor McErlean’s plea for repairs to the Gulladuff Road, Bellaghy but he also would include Drumlamph Road too. He said that he may be able to help with the purchase of land at Smithtown Cross.

10.37.1 Councillor Junkin referred to correspondence he had sent along with photographs to the Roads Service regarding flooding at Tamlaght O’Crilly as well as surface water from fields on roads at Tamlaght O’Crilly and Inishrush where salting had not taken place and the roads were icy.

10.37.2 Councillor Junkin welcomed the planned traffic calming at Clady. He supported Councillor O’Neill’s request for street lighting to be completed on the Clady to Portglenone road and he also requested the extension of the footpath from Clady to Portglenone which used to be a footpath.

10.37.3 Councillor Junkin enquired as to what side of the roundabout drivers used to negotiate the new roundabout in the centre of Bellaghy. Many drivers were avoiding negotiating the roundabout properly. He further enquired about the car- parking area on the Gulladuff Road, Bellaghy which was often used for parking trailers rather than cars, particularly on Sunday mornings.

10.37.4 Councillor Junkin said that he had observed lorries parking right at the junction of the Highfield Road, Magherafelt and suggested that some yellow lines might help.

10.37.5 Councillor Junkin then referred to the Park and Ride facility at Glenone which he had requested some time ago. He felt that such a facility for some twenty cars would alleviate car parking problems in Portglenone.

10.37.6 In conclusion, Councillor Junkin supported a speedy resolution to the Magherafelt By-pass and that a By-pass would not mean loss of business for Magherafelt.

10.38 Mr Doherty said that there was no evidence to suggest that a By-pass harmed trade. He was interested to hear about the Park & Ride facility suggested by Councillor Junkin. He felt that it was unlikely that yellow lines were required at Highfield Road, Magherafelt. 35

The matter of trailers parking at Gulladuff Road, Bellaghy would be looked at and he wondered in the people of Bellaghy liked the new round-about.

10.39 Councillor Junkin said the real issue was the positioning of the roundabout and how the people of the village crossed the road to the shop the chemist, etc in safety.

10.40 Mr Doherty said that he would consider Councillor Junkin’s requests regarding flooding at Tamlaght O’Crilly and Inishrush.

10.41 The Chairman, Councillor P E Groogan requested that attention be given to a footpath from Fort View to the Post Office at Moneyneany, Draperstown, as well as to a bad corner at Moneyneany and sight lines at Gortnari. He requested that Roads Service let him know what they intended to do regarding these matters.

10.42 Councillor O T Hughes said that the response to traffic calming in Bellaghy was very good. He thought that yellow lines should be extended at the corners around the roundabout in the centre of the village.

10.42.1 Councillor Hughes welcomed street lighting at Prieststown Road, Mayogall and asked that Roads Service give consideration to street lighting at Rocktown Road.

10.42.2 Councillor Hughes asked that it be confirmed that the Church corner in Bellaghy referred to in the report referred to the Castledawson side of the village. If this was the case he was concerned that there was no progress on the Chapel corner and requested an update.

10.43 Mr Doherty reminded the Council that at the last Council meeting he attended he said that Roads Service would do the South side of the village first and then look at the North side. As he had said earlier in the meeting there were developer issues and environmental issues regarding trees on the south side of Church corner. He assured the Councillor that the issue of the North side corner had not been dropped.

10.44 The Chairman thanked Mr Doherty and Mr McFarlane for attending the meeting and they retired at 9.40 p.m.

11. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s report for the period 5 May to 1 June 2004 (copy circulated to each Member). 210/6/2004 11.1 Mr Glendinning stated that during the period of the report forty-five applications had been recommended for approval. There were no rejections. There were two cancellations – MA/2001/0445 – Mr Joseph McHugh for alterations and extension to a dwelling at 87 Glen Road, Maghera and MA/2001/0446 – Miss M Quigg for improvements to a dwelling at 10 Ballymacilcurr Road, Maghera.

11.2 There were 15 requests for extension of time:

MA/2001/0368 – Mr Joe McAllister – playroom and study at 112 The Brambles, Magherafelt

MA/2001/0421 – Mr Joseph Moran – change of use from outhouse to Mews Dwelling at rear of 4-6 High Street, Draperstown

MA/2001/0487 – Mr Wilson Hugh Field – extension to dwelling at 3 Parkmore Drive, Magherafelt

MA/2001/0489 – Sherbourne Development – dwelling and garage (multi site), site 4-8 Clady Road, Portglenone

MA/2001/0490 – Sherbourne Development – dwelling at Sites 39-45 Clady Road, Portglenone

MA/2001/0491 – Sherbourne Development – dwelling at Sites 48 - 51 Clady Road, Portglenone

MA/2001/0501 – Sherbourne Development – dwelling and garage (multi-site), Sites 23-25b Clady Road, Portglenone

MA/2001/0502 – Sherbourne Development – dwelling at Sites 30-36 Clady Road, Portglenone

MA/2001/0506 – Mr Joe Mulholland – erection of a dwelling and garage at Hillhead Road, Toomebridge

MA/2001/0518 – Sherbourne Development – dwelling and garage (multi-site) Sites 1-3, 45 & 46 Clady Road, Portglenone

MA/2001/0548 – Mr Thomas O’Kane – dwelling at Sites 1-55 Crewe Road, Maghera

MA/2001/0557 – Mr Damian Toner – erection of a dwelling at Curr Road, Desertmartin

MA/2001/0574 – Mr John Donnelly – dwelling (multi-site), Sites 1-4 Hospital Road, Magherafelt

MA/2001/0575 – Mr Noel McCann – dwelling (multi-site), Sites 6-14 Blackpark Road, Creagh, Toomebridge.

MA/2001/0581 – Mr John O’Hagan – extension to dwelling at 12A Ballymacombs Lane, Bellaghy.

11.1.1 Sixty-three applications had commenced on site and thirty-five applications were found to be complete in accordance with Building Regulations.

11.1.2 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.

11.2 Councillor J Junkin said that about 6 – 8 weeks ago the Council had supported his idea that stronger doors, locks, etc be investigated for the elderly and asked if there had been any progress.

11.2.1 Mr Glendinning said that he had taken the matter up with the Building Control Group but that they had not yet reported back. He said that he would bring the matter forward again.

11.2.2 Councillor Junkin said that he would be obliged if he could raise the matter again as the elderly people in the community were worried.

12. NAMING AND Submitted letter and site plan for the naming and NUMBERING OF numbering of a housing development at Tirgarvil STREETS Road, Upperlands for CPL Building Developers Ltd. The name suggested was “Riverside Mews”.

12.1 On consideration it was

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

RESOLVED: that the Council adopt the name “Riverside Mews” for the development at Tirgarvil Road, Upperlands.

13. ENVIRONMENTAL Mr Burrows submitted the report for May HEALTH DEPARTMENT 2004 (copy circulated to each Member). The following matters were taken into consideration:- 196/6/2004 13.1 Public Health (Ireland) Act 1878 The Quarries (Northern Ireland) Order 1983 Mr Burrows reported that a complaint had been received by his department on 4 March 2004 from a member of the public who observed children climbing over a garden fence onto land at the side of Tobermore Road, Magherafelt, which led to a quarry face. He said that a site meeting held on 8 March 2004 the owner of the quarry, Mr J A Hogg of R Hogg & Sons, 60 Tobermore Road, Magherafelt agreed to carry out works necessary to prevent access to the quarry from the public highway. A letter confirming the outcome of the meeting was forwarded to the owner by the investigating officer on the same day.

13.1.1 Mr Burrows outlined in his report legislation under The Quarries (Northern Ireland) Order 1983.

13.1.2 A further visit to the site revealed that the agreed works had not been carried out to comply with Article 10 of the 1983 Order.

13.1.4 Mr Burrows recommended that the Council considered serving a Statutory Abatement Notice under Section 110 of the Public Health (Ireland) Act 1878 on Mr John F Hogg, the owner of the quarry business requiring him to abate the nuisance within 28 days.

13.1.5 On consideration it was

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

RESOLVED: to adopt the recommendation of the Director of Environmental Health and serve a Statutory Abatement Notice under Section 110 of the Public Health (Ireland) Act 1878 on Mr John F Hogg, owner of the quarry business requiring him to abate the nuisance within 28 days.

13.2 Food Safety (Northern Ireland) Order 1991 Mr Burrows stated that he had reported to the meeting of the Council held on 11 May 2004, that a routine food hygiene inspection of a local catering establishment had revealed a number of contraventions of the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995. Based on these findings, it was considered that an imminent risk of injury to health existed and therefore, the kitchen facility was voluntarily closed by the proprietor. The meeting decided that a formal caution be issued to the proprietor in respect of the offences. This caution had been accepted by the proprietor in respect of the offences and the Office of Fair Trading Central Register of Convictions notified. Mr Burrows stated that a record of the formal caution would be kept at this office and could subsequently influence a decision to institute legal proceedings should the proprietor of the business be found infringing the law in the future.

Noted.

13.3 Young Consumer Newsletter Mr Burrows advised that St Pius X College, Magherafelt had recently been awarded second place in the new Food Standards Agency – Northern Ireland sponsored Young Consumers Project.

13.3.1 The competition piloted this year, invited teams of 13-14 year olds from secondary and special schools to produce a consumer newsletter targeted at teenagers. This project was built on the success of the annual Young Consumer quiz run by the General Consumer Council for Northern Ireland and the Trading Standards Service.

13.3.2 The newsletter aimed to raise young peoples awareness and understanding of the consumer and food issues that affected their lives, it aimed to relate to developments in the revised Northern Ireland Curriculum and wider participation in a competition that was beneficial to young people. Mr Burrows reported that Lisnaskea High School’s winning entry would be professionally printed and distributed to all post- primary schools in Northern Ireland.

Noted.

13.4 Mr Burrows sought permission to raise two additional items and this was agreed to.

13.5 The Pollution Control and Local Government (Northern Ireland) Order 1978 Mr Burrows advised that the 90 day period for the Noise Abatement Notice served on Creagh Concrete Products had expired. Noise levels taken since indicated that a nuisance remained with most levels recorded at over 55dBA.

13.5.1 He further advised that the company may use the defence of Best Practicable Means as they had ceased block manufacturing in one yard, reduced block-making capacity in another yard, erected a wall between the premises and the complainants’ dwellings, enclosed the end of the Bradstone/Agricultural shed, fitted acoustic curtains and created an acoustic lobby at the exit to this shed, incurring significant costs and reducing manufacturing capacity at the Toomebridge site.

13.5.2 Mr Burrows then outlined the type of defence under Article 38 (5) of the Order – in proceedings for an offence in respect of noise caused in the course of a trade or business it shall be a defence to prove that the Best Practicable Means have been used for preventing, or for counteracting the effect of, the noise. “Practicable” means reasonably practicable having regard among other things to conditions and circumstances, to the current state of technical knowledge and to the financial implications.

13.5.3 Officers from Northern Group Systems had advised that legal advice be sought on the likelihood of the Company being able to establish a BPM defence. However, he recommended that the Council should consider instituting legal proceedings against Creagh Concrete Products Ltd, Blackpark Road, Toomebridge for their failure to comply with the Noise Abatement Notice served under Article 38 of the Pollution Control and Local Government (NI) Order 1978.

13.5.4 Councillor Rev Dr R T Wm McCrea said that the Council had been swaying backwards and forwards in this matter and he felt that legal proceedings should be taken. Accordingly it was

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

RESOLVED: that the Council institute legal proceedings

13.6 Industrial Pollution Control (Northern Ireland) Order 1997 With regard to the fugitive dust emission problem Mr Burrows reported that the sprinkler system was now in operation at Creagh Concrete Ltd. There had been some teething problems at the start but it was effective when in normal use. An Enforcement Notice was being served on the company however, as workers tended to switch off some sprinklers for operational reasons and not switch them on again and also for insufficient use of tankers in other areas.

13.6.1 Mr Burrows reported that in connection with health effects of cement dust, Dr Patrick from Queen’s University Belfast had carried out a pilot scheme. He reported that of the samples taken, the contents was mostly of sand, about 1,000% more that would have been expected and he questioned the integrity. A full investigation of twelve months would cost £5,000 plus VAT together with the cost of a toxicological report.

13.6.2 Mr Burrows recommended that the Council should not proceed any further with the investigation on the health effects of cement dust due to the measures put in place by the company.

13.6.3 Councillor Miss Lagan enquired if there were any existing findings. 42

13.6.4 Mr Burrows replied stating that the department had been unable to find any research into fugitive dust emissions.

13.6.5 Councillor Miss Lagan asked if was not possible to surmise what harm was being done.

13.3.6 Mr Burrows stated that the workers in the factory would probably suffer most and the biggest hazard would be on their skin.

13.3.7 In reply to a further question from Councillor Miss Lagan, Mr Burrows said that the sprinkler system worked well if it was properly used. Sand particles would not be ingested; in fact they would be coughed out.

13.3.8 Councillor R A Montgomery enquired what happened if someone took ill and it was discovered that it was due to dust.

13.3.9 Mr Burrows stated that the dust emissions were controlled under the 1997 Order. The Council exercised its powers under this Order and if there was any question of health effect it would be the company that would be found to be at fault.

13.3.10 Councillor Rev McCrea pointed out that people had a right to know whether dust emissions were hazardous, and if they were not, how had the problem accumulated.

13.3.11 Mr Burrows reiterated his department’s attempts to find evidence of any research.

13.3.12 Councillor J Junkin stated that the Council was aware of the dust problems, the cement dust, the sprinklers being switched off from time to time, some dust in the sand and if the sand was blowing it would lead to further problems. He chiefly was concerned about the breathing in of cement dust, etc and felt that the Council should follow this matter up. If the integrity of the site was a problem with the pilot scheme, then samples should be taken again. He commented that £5,000 was a small price for the Council to pay to try to help resolve the issue.

13.3.13 Mr Burrows commented that all the sand businesses that dredge the Lough and operate in the District may need to be investigated.

13.3.14 Councillor Rev McCrea commented that he took exception to the officer’s comments. He was concerned that the Council would do what was right. If £5,000 spent on professional analysis of samples proved that there was no health hazard it would be money well spent. He reminded the Council that funds had been spent similarly when a problem arose with smell in a house in Maghera.

13.3.15 The Chief Executive advised that from the sample taken there was little or no evidence of cement dust, and even if there was cement dust there was no evidence that it was harmful to health.

13.3.16 Mr Burrows agreed that there was very little cement dust in the sample taken. The problem was fugitive dust. He said that he was worried by so much sand in the samples and in order for sand to blow there had to be a very strong wind. He further pointed out that the Council did carry out its duty under the Order and there was no evidence regarding health hazards.

13.3.17 Councillor S O’Brien commented that the sand piles on the Lough Road travelled quite a distance.

13.3.18 In reply, Mr Burrows stated that his department had previously managed to have the piles reduced and moved away from the houses through informal action.

13.3.19 Councillor J F Kerr added that the sprinkler system was addressing the fugitive dust. However the issue seemed to be whether there was a health issue. He found it hard to believe that no evidence could be found about cement dust.

13.3.20 Councillor Miss K A Lagan enquired if there were high winds during the times samples were being taken.

13.3.21 Mr Burrows in reply said that he did not know but from memory there were no high winds at that time.

13.3.22 Councillor J A McBride asked about the significant of there being 1000 plus of sand in the sample.

13.3.23 The Chief Executive advised that Dr Patrick had indicated that this reading was unnaturally high and if correct would have meant that the house should have been covered with a very thick layer of dust – which it was not.

13.3.24 Councillor Rev McCrea said that these were serious suggestions and particularly when the concern was cement dust what would it benefit by putting in sand. It was ludicrous.

13.3.25 Councillor R A Montgomery suggested that it could be done to destroy evidence.

13.3.26 Councillor Rev McCrea reiterated that the purpose of the samples was to find out if the dust was harmful.

13.3.27 Councillor Miss Lagan stated that Dr Patrick had reported that there was sand in the sample, it did not matter who put it there.

13.3.28 The Chief Executive enquired if the toxicologist would give a firm view

13.3.29 Mr Burrows answered that he did not know, but explained that five deposit gauges would be placed around the cement works for at least one year to provide for seasonal fluctuations.

13.3.30 Councillor Miss Lagan wanted to know why one sample of dust could not be tested.

13.3.31 The Chief Executive pointed out that there was so much contamination.

13.3.32 Mr Burrows stated that a reasonable period of time had to be considered for seasonal fluctuations.

13.3.33 Councillor Junkin said that he wanted to make it clear that this was a concrete works not a cement works where there were sealed containers. He asked if it was possible that someone was sabotaging instruments.

13.3.34 Mr Burrows referred to Dr Patrick’s report.

13.3.35 Councillor Miss Lagan stated that there was absolutely no point in spending £5,000 on testing if the integrity of the sample sites could not be ensured. 45

13.3.36 Councillor P McLean enquired if there was any other avenue the Council could take.

13.3.37 Mr Burrows stated that Dr Patrick considered this before starting the pilot study.

13.3.38 Councillor Junkin suggested that the Council should be referring to crushed concrete dust.

13.3.39 On consideration it was

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

RESOLVED: that the Officers find out if it was possible to find five sites for samples and to get a toxicologist to give a firm view on the findings as to whether concrete dust could have effects on health.

13.4 On consideration it was

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

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

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

322/6/2004 Development Services:

14.1 Tourism Marketing Brochure Mr Johnston advised the Council that 7,500 copies of the tourism marketing brochure had been produced on schedule and had been distributed to selected tourism information centres, leisure centres, hotels and libraries throughout Ireland. He informed the Members that 1,000 copies had been sent to Larne and Belfast ports that serviced the ferries from Troon, Cairnryan and Stranraer. Mr Johnston stated that he was pleased to report that feedback had been excellent with the Council’s Information Centre receiving numerous enquiries to date in relation to specific items in the brochure.

14.1.1 He stated that the Council would recall that it was proposed that this brochure should be produced twice per year. The officers now suggested that the Council should produce an all inclusive brochure in the Spring and a smaller publication to promote Christmas shopping and Winter events in October of each year.

Noted.

14.2 Lower Bann Canoe Trail Mr Johnston informed the Members that the 2002 ‘Strategic Review of Canoeing in Northern Ireland’ recommended the development of seven canoe trails to be strategically located throughout Northern Ireland and that the Lower Bann had been identified as potentially one of these canoe trails. Mr Johnston stated that Mr Matthew Peach of the Countryside Access and Activities Network (CAAN) had met with the officers from all the relevant Councils. He stated that while it would seem that CAAN were not actually seeking approval for this proposal at this time, they were keen to inform Councils that this project was in the pipeline and that a certain amount of Council funding might be required if the project was to become a reality. Mr Johnston stated he would advise or update the Council if there were any further developments regarding this project.

Noted.

Community Relations:

14.3 Mr Johnston stated that the applications for Community Relations Grants had been processed and had been issued to Members under separate cover. He asked for permission to deal with these applications at the end of the report.

This was agreed.

Noted.

Leisure Services:

14.4 Mr Johnston advised that the total income for Leisure Services for May 2004 saw a decrease of 5% when compared with the corresponding month of last year.

14.4.1 He stated that the officers felt that the main factor contributing to the decrease was the exceptionally dry and sunny weather they had experienced during the month.

14.4.2 Mr Johnston stated that with the exception of paragraph 4 on Page 3 the remainder of the Leisure Services report was for the information. Referring to Paragraph 4 on Page 3, Mr Johnston stated that a request had been received from a local Mother for her 15 year old son to be allowed to use the Dimensions Fitness Suite. It seemed that the child had health and weight problems and his doctor had prescribed that he took exercise. The child was however under the 16 years age limit recommended by the manufacturers of the fitness equipment and the Council’s insurance company and therefore, he felt that it might not be appropriate for the child to use the facility unless the suppliers of the equipment, the Council’s insurance company and the child’s doctor approved this request. Mr Johnston stated that he felt it was difficult to refuse such a request but he also felt that the Council must be careful before deciding on this particular request. He stated that the precedence that the Council set could have an enormous consequences and again pointed out that the equipment had been designed for adults, there were health and safety and insurance issues and therefore he felt they should all be resolved before the Council’s took a decision on this matter. Mr Johnston sought permission to carry out further investigations into the matter and bring back a further report to Council.

14.4.3 Councillor Rev Dr R T Wm McCrea stated that he was confident that the Council would support this request if the issues of health and safety and insurance were resolved. They were relevant and had to be considered. He also felt that Section 75 could be an issue and asked that the officers investigated this matter before bringing a further report to Council.

14.4.4 Councillor J Junkin enquired if the manufacturers could supply equipment that was designed for children under the age of 16 years.

14.4.5 In reply, Mr. Johnston stated that he would investigate this matter.

14.4.6 It was

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

RESOLVED: that the officers would fully investigate the issues associated with children under 16 years of age using the Dimensions Fitness Suite.

Technical Services:

14.5 Vandalism Mr Johnston reported on the usual list of acts of vandalism. He advised that during the month Council staff had responded to 110 requests to remove bulky household refuse and he commented on the progress being made by the Grounds Maintenance Department.

14.6 Moyola Angling Association Mr Johnston referred to appendix 1 to his report which was a letter from Moyola Angling Association requesting the Council’s permission to install a portacabin within the ponds area that they currently leased from the Council at Tobermore Golf Driving Range. He said that in his opinion this portacabin would indeed enhance their proposals for the area.

14.6.1 Mr Johnston stated that he had however to report that following an extensive pond cleaning operation by the Association, they had not as yet reinstated drains they had dug through the land to the right of the Range itself, this is, land outside their lease. He stated that he would recommend that the installation of this portacabin be approved subject to the Association reinstating this land to the satisfaction of the Council and that all other issues such as planning, insurance, etc should also be addressed to the satisfaction of the Council.

14.6.2 On consideration it was

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

RESOLVED: to approve the installation of a portacabin by Moyola Angling Assocation within the ponds area at Tobermore Golf Driving Range, subject to the Association reinstating the land through which they had dug drains, to the satisfaction of the Council, and also submitting all necessary planning approval, insurance documentation, etc. for approval by the Council’s officers.

14.7 Bus Shelters Mr Johnston referred to appendix 2 to his report which was a letter from Maghera High School regarding the use of the bus shelter situated at the entrance to the school. He stated that his investigations would suggest that the content of this letter was correct. It would seem that the shelter was never used by children and indeed its main use was now for other purposes as detailed in the letter. He, therefore, recommended that the Council remove the bus shelter from this site.

14.7.1 On consideration it was

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

RESOLVED: that in view of the fact that this shelter was being used for purposes other than a bus shelter the Council would remove the shelter from the entrance to Maghera High School site.

14.8 Official Opening of Magherafelt Recycling Centre Mr Johnston stated that the Members were aware that the official opening of the new recycling centre in Magherafelt took place on Tuesday, 25 May 2004. He felt that it was fair to say that everyone had an enjoyable day at the opening. He reported that Officials and Members from neighbouring Councils were astonished by the scale and professionalism of the centre and indeed Councils from throughout Northern Ireland had, or were arranging to visit the facility. Mr Johnston stated that a copy of the Chief Executive’s presentation had been circulated to Members. 50

14.8.1 The Chief Executive said that his presentation was really what the Council’s recycling centre was all about. Officers hoped to achieve a target of 35% recyclable waste as opposed to 25%. He trusted that his presentation would act as a good reference document.

14.8.2 Councillor Rev Dr R T Wm McCrea congratulated the Council’s staff in leading the way with this new facility.

14.8.3 Councillor J Junkin said that he was totally impressed with the facility. Unfortunately due to a family bereavement he could not attend the official opening. However, he said that the new facility had much in common with the recycling facilities inspected by the Council in Sweden and Germany, although he felt that Magherafelt was light years ahead. He felt that at some future time it would be appropriate for the Council to invite the Swedish people back to Magherafelt to see the Recycling Centre. He said that whilst Magherafelt Council was advancing the North West Cross-border Waste Management Group needed to be wakened out of their slumber. He raised the issue of the circulation of Minutes of the North-West Cross-border Waste Management Group meetings, and said that even though he had been promised at the Annual Meeting in 2003 that Members would receive copies, it had never happened.

14.8.4 In reply, Mr Johnston said that the 2003/2004 Minutes would be circulated to Members of the Council in the near future.

14.8.5 Councillor T J Catherwood also commented that the Recycling Centre was a good facility. He enquired if it was possible to have a bin or receptacle provided at each home for jam pots and glass bottles.

14.8.6 Mr Johnston stated that there were a number of health and safety issues regarding the collection of glass at source. It was also necessary to separate glass in accordance with the colour of the bottles, etc. Unless this was done cross contamination occurred during the recycling process. To recycle glass would mean an additional three containers to each household. It was recognised procedure to recycle glass at bottle bank sites.

The Officer would however keep the matter under review to assess what was the best option for recycling glass.

14.8.7 Councillor J Junkin referred to a small crate used in Germany which was positioned at selected petrol stations.

14.8.8 Mr Johnston stated that the Council had basically reached the “end of the road” in implementing recognised recycling schemes. As stated by the Chief Executive they hoped to achieve a recycling figure of 35% by the year 2005. The introduction of the European Landfill Directives would however not allow the remaining 65% to be landfilled and therefore all Councils had to look at other technologies for dealing with their waste. This meant some form of Energy from Waste, including incineration, had to be considered. The cost of waste management was also a crucial issue for Councils with a £4 billion spend projected for Northern Ireland Councils by the year 2008/2009. Despite this projected spend the Department was actually proposing to reduce grant-aid to Councils and had now taken control of Landfill Tax Credits Scheme, money that in the past Councils could spend on waste management projects.

14.8.9 Councillor P McLean said that the Officers had identified a Province-wide issue and had given good advice. He was confident that the matter could be sorted out.

14.8.10 Mr Johnston stated that reports on Waste Electronic and Electrical Equipment Recycling, the Spring Clean 2004 and Dog Control completed the Operational Services report.

14.8.11 On consideration it was

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

RESOLVED: that the report as submitted be adopted.

15. COMMUNITY Submitted summary of the Community Relations RELATIONS GRANTS Grant Applications for 2004/2005, circulated to Members under separate cover. 6/2004 52

15.1 Mr Johnston stated that in the Community Relations applications for the year 2004/2005:

• Playgroups submitted 17 applications • Women’s groups submitted 18 applications • Senior Citizens submitted 12 applications • Community groups submitted 16 applications • Youth and sports groups submitted 36 applications • Groups with impairments submitted 5 applications • Others submitted 8 applications

Playgroups: Mr Johnston stated that the first nine applicants had received grants in previous years and therefore the officers felt that this qualified them for Community Relations grant-aid.

Nos. 10, 11 and 12 were new applications but the officers felt they were in order.

Mr Johnston asked Members to note that applications 10 and 11 had the same address, however the officers could confirm that these were two different groups who used the same location.

He stated that applications 13-17 had previously received grant-aid.

Women’s Groups: Mr Johnston advised that applications 18-26 had all received grant-aid in previous years. Application 27 was a new application and he pointed out that the group was based outside the District. Although this group had stated that they had 32 members that resided within the Magherafelt Council area he felt that it might be appropriate to carry out further research into this application before awarding grant-aid.

Application 28 had previously received grant-aid, application 29 was new but met the criteria and with regards to application 29, Mr Johnston pointed out that Mrs Caldwell who had submitted the application, lived in Cullybackey but the group met in Magherafelt Technical College.

Applications 30-32 had previously received grant- aid. Application 33 which was new was another group that met in the Tower Centre in Maghera and the officers also felt that this application was in order. Applications 34A and 34B were groups that had previously received grant aid.

Senior Citizens: Mr Johnston confirmed that application 35-44 had all received grant-aid in the past, however, application 45 and 46 were new applications. With regard to application 45, Mr Johnston felt that further investigation was necessary before an award was made to this group. He felt it would be appropriate to check if three-quarters of the members were from within the District and if they were receiving any Community Relations grant-aid from Ballymena Council.

Application 46 for Help the Aged was from Maeve Egerton a representative of Help the Aged. Ascot House, Staftesbury Square in Belfast. Mr Johnston stated that Ascot House in Belfast was the overall base for all Senior Citizens groups and that all fourteen of this Councils Senior Citizens groups were affiliated to this umbrella group. Help the Aged Group did however meet in the Council’s district and he therefore recommended approval of this application.

Community Groups Mr Johnston stated that applications 47, 48 and 49 had previously received grant-aid. Application 50 was new but in the officers’ opinion was in order. Applications 51-55 had previously received grant and this brought them to applications 56, and 57. Mr Johnston pointed out that both applications had been submitted by Mr Austin Kelly. This person was the Development Officer for a number of groups, but the groups had separate indemnities and therefore the applications were in order. He stated that applications 58-62 had previously received grant-aid.

Youth Sports: Mr Johnston suggested that there were a number of single identity groups. He stated that the Council or the Community Relations Unit could however fund or grant-aid single identity groups, the theory being that they got to know each other before reaching out to others across the divide.

Mr Johnston stated that it was a fact that a number of these groups had received grant-aid in the past on this pretence but he felt it was now time to show that they could now reach out to others in order to qualify for Community Relations grant-aid. He recommended that the Council approve applications 63-98, that is to all youth sports groups but that in future, unless single identity groups could actually show that they were reaching across the divide these applications would be refused in future. Mr Johnston stated that he felt that the Council could have difficulty with the Community Relations Unit if they did not address this issue at this time.

Impairments: Applications submitted under the heading impairments, festivals and others were all genuine cross-community applications and he recommended their approval.

In summary Mr Johnston stated that he recommended that the Council approve the allocations of grant-aid in accordance with the submitted report provided that report was changed to include the amendments he had recommended to Council.

Councillor J Junkin referred to the awards being made to groups under the heading Impairment and suggested that this should be increased from £300 to £450.

15.2 It was

PROPOSED by Councillor J A McBride, Seconded by Councillor J Junkin, and

RESOLVED: that the Council would approve the Grant-aid Applications in accordance with the submitted report provided that the report was changed to include the amendments made by Mr Johnston and the allocation to groups under the heading of Impairments be increased from £300 to £450.

16. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of June 2004 (copy circulated to each Member). 6/2004

16.1 The schedule provided for £720,080.77 out of the Revenue Account and £234,085.85 out of the Capital Account.

16.2 It was

PROPOSED by Councillor T J Catherwood, Seconded by Councillor R A Montgomery, and

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

17. FINANCIAL Submitted the following letters of request for CONTRIBUTIONS financial contributions:

56/6/2004 17.1 Love for Life: Submitted a letter from the Chief Executive, Love for Life requesting support for their work with Northern Ireland young people in local schools by way of a letter to the Minister of Education and Health encouraging their financial commitment to the Love for Life project.

The project was committed to supporting underage young people to be nicotine, drug, alcohol and sex free (copy circulated to each Member).

17.1.1 On consideration it was

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

RESOLVED: that the Council write to the Minister of Education and Health supporting the work of ‘Love for Life’ campaign and encouraging the Government to provide financial help for this project.

17.2 Margaret Johnston: Submitted a letter from Ms Johnston seeking financial assistance to offset some of her expenses in representing Ireland in the forthcoming British Isles Championships and the Home Internationals to be held in Jersey from 16 – 21 June 2004 (copy circulated to each Member).

17.2.1 On consideration it was

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

RESOLVED: that the Council make a contribution of £200 to Ms Margaret Johnston (International Lawn Bowler) towards her expenses in participating in the British Isles Championships and the Home Internationals 2004.

18. LANGUAGE WORKING Submitted report and recommendations from the GROUP Council’s Working Group (copies circulated to each Member). 930/6/2004 18.1 Councillor J F Kerr proposed that the Council adopt the recommendations of the Working Group.

18.2 Councillor Rev Dr R T Wm McCrea pointed out that only one language was being considered by the Group. Under Section 75 all minority languages were to be catered for whether Chinese, Portuguese, etc., and that the policy should be equality proofed. He said that there was no mention of Ulster Scots in the recommendations, only the Irish Language and in addition that it was also contrary to Article 3 of the European Law on Languages.

Councillor Rev McCrea said that the document produced was an indictment of this Council. It could be legally challenged and as such he was requesting that the proposals be checked by the Council’s legal representatives.

18.3 Councillor J Junkin agreed with Councillor Rev McCrea and commented that the next item on the Agenda from The Clonmacnoise Foundation did not use Irish.

18.4 Councillor Kerr said that regarding consideration of other languages there was a clear distinction between indigenous and migrant languages. He had no problem with the Ulster Scots language except that at a previous meeting he had been told by a Councillor that it was not a written language. It was up to Unionists to further the use of Ulster Scots. However, there was an obligation to promote indigenous languages.

18.5 Councillor R A Montgomery pointed out that there were no costings included with the recommendations and he felt this was required in order to make any decision.

18.6 Lateness of Hour

The Chief Executive reminded the Chairman of the lateness of the hour. The meeting had lasted continuously for four hours and would stand adjourned unless two-thirds of the Members present resolved to continue sitting.

It was

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

That the meeting continue.

On a vote being taken all the Members present voted in favour of the meeting continuing. The Chairman declared that the meeting would continue for one hour.

18.7 Mr Johnston said that the programme of work included over forty nameplates per annum. He said that there was some provision in the current works schedules for the erection of nameplates, but not very many. Mr Johnston advised that there were some 700 roads in the District, and each required at least two nameplates, many needed three or four nameplates. He calculated this work to cost £500,000 to complete.

18.8 Councillor Miss K A Lagan enquired about townland names being included on the nameplates.

18.9 In reply Mr Johnston said that the issue of townlands on nameplates had already been passed by Council. There were a number of nameplates costing £10,000 in stock in the Council’s Depot.

18.10 Councillor Rev McCrea said that legal advise should be sought. It was the responsibility of the Working Group not to promote a single language.

18.11 Councillor G C Shiels noted from the Minutes of the last meeting of the Working Group that the meeting only lasted 35 minutes and that there was inequality in the membership of the group and, in his opinion it should be balanced. He agreed that the Council should seek a legal opinion on this matter.

18.12 Councillor Kerr stated that all the Members had an opportunity to serve on the Working Group and just because one section did not participate and had no representation, they could no blame the other.

18.13 The Chief Executive advised that there was no problem with the make up of the group. However under Section 75 there may be a problem regarding the Ulster Scots language. As he saw it the Council had three choices. It could include the Ulster Scots language within the suggested policy, it could ask for advice on the proposed policy or it could vote the document through as presented to Council. In his opinion the second choice was possibly the most sensible.

18.14 Councillor Kerr said that he had no problem with accepting the Chief Executive’s advice.

18.15 Councillor Rev McCrea emphasised again that there was an obligation on the Council to show equality and the document before Council showed nothing other than hypocrisy.

18.16 It was

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

That the Council seek a legal opinion on the Working Group’s recommendations.

18.17 The Chairman acting on a suggestion from the Chief Executive asked the meeting did it wish to adjourn for 5 minutes to assess the situation.

18.18 It was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor O T Hughes, and

RESOLVED: that the meeting adjourn for 5 minutes.

18.19 The meeting reconvened at 11.20 pm.

18.20 The Chief Executive advised that a proposal had been made to seek a legal opinion from the Section 75 perspective in relation to the suggested policy.

18.21 On a vote being taken 11 Members voted for the motion, 0 Members voted against, 5 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

18.22 It was further agreed that discussions on the recommendations be deferred until a legal opinion had been obtained.

19. CONFERENCES AND Consideration was given to the nomination of AND COURSES of delegates to attend:

268/6/2004 19.1 The Clonmacnoise Foundation: Seminar entitled “Regional and Local Development Strategies on the Island of Ireland: Addressing Key Issues and Building Capacity” organised by The Clonmacnoise Foundation to be held in the Radisson SAS Hotel, Athlone, Co Westmeath on 27 May 2004 (details circulated to each Member).

19.1.1 The Chief Executive advised that this item should not have been placed on the Agenda as the Seminar date was over.

19.2 Investing for Health – Fuel Poverty Conference: Conference “Tackling Fuel Poverty in the Northern Health & Social Services Board Area” organised by the Northern Investing for Health Partnership to be held in Rosspark Hotel, Kells, Ballymena on Thursday, 17 June 2004 (details circulated to each Member).

19.2.1 On consideration it was unanimously agreed that Members who served on the Council’s Fuel Poverty Working Group attend and that nomination be left open for any other Councillor who wished to attend the Conference.

19.3 Future of Public Administration Conference III: “Future of Public Administration Conference III” to be held in the Stromont Hotel, Belfast on Tuesday, 29 June 2004 (details circulated to each Member).

19.3.1 On consideration it was agreed that the details of this conference be marked “read”.

19.4 Inland Waterways Association of Ireland: Conference organised by the Inland Waterways Association of Ireland on all aspects of navigable inland waterways including tourism, development and boating to be held in the Hodson Bay Hotel, Athlone, Co Westmeath on 27 July 2004. The conference fee is €150 plus an additional €40 for Dinner with speakers (details circulated to each Member).

19.4.1 On consideration it was

PROPOSED by Councillor G C Shiels, Seconded by Councillor R A Montgomery

That Councillor J Junkin attend the conference.

It was further

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

That Councillor J P O’Neill attend the conference.

There being no further nominations the Chairman declared that Councillors J Junkin and J P O’Neill attend the Inland Waterways conference in Athlone on 27 July 2004.

19.5 Chartered Institute of Environmental Health Conference and Exhibition: Conference entitled “Environmental Health – Moving Up the Agenda” to be held in Torquay from 14-16 September 2004. The conference fee is £609-13 per delegate (details circulated to each Member). 61

19.5.1 It was

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

That Mr Burrows, Director of Environmental Health attends the Conference and Exhibition.

It was further

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

That Councillor R A Montgomery attends the Conference and Exhibition.

That Chairman declared that the Director of Environmental Health, Mr C W Burrows and Councillor R A Montgomery attends the Chartered Institute of Environmental Health Conference and Exhibition in Torquay from 14-16 September 2004.

20. ECONOMIC Submitted report in connection with funding for DEVELOPMENT the promotion of events and festivals in the Magherafelt District (copy circulated to each Member).

20.1 Mr C McCarney, Magherafelt Area Partnership advised Members that that there were now nine regular festivals and events held each year in the Magherafelt District. Four of which had received funding from Sperrins Tourism to develop and build-up the event over the next three years. He said that it was the Council’s experience that the individual event management committees were fully stretched to actually organise these events. The Tourism Offices of the Council propose to work with the Area Partnership to bring a more professional and long-term plan to the marketing of events and festivals so that the whole district gained maximum returns on its investment of time and money.

20.2 Mr McCarney detailed the four elements which included:

1 PR Consultant 2 Marketing and Promotion Budget

3 Events Co-ordinator 4 Newsheet

20.3 Mr McCarney outlined the outputs and said that the project costs totalled £28,050.

20.4 Councillor Rev Dr R T Wm McCrea pointed out that half of the events were now over.

20.5 Mr McCarney explained that this was a three-year programme and ran from July to July each year.

20.6 Councillor J Junkin requested that the ‘Gig ‘n’ the Bann’ festival be included in the programme of events.

20.7 On consideration it was

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

RESOLVED: to adopt the report with the inclusion of ‘Gig ‘n’ the Bann’ Festival and the project costs of £28,050 for the promotion of events and festivals in Magherafelt District.

21. CONSULTATION The following consultation documents were DOCUMENTS submitted:

195/6/2004 a) Letter and Consultation Exercise on the Future of Committal Proceedings in Northern Ireland prepared by the Criminal Justice Reform Division, seeking responses by 31 July 2004.

b) Letter and Public Consultation on the Government’s Commitment to consider the feasibility of introducing common commencement dates to Areas of UK Law published by the Small Business Service seeking responses by 3 September 2004.

c) Letter and Proposed Anti-Social Behaviour (Northern Ireland) Order 2004 prepared by the Northern Ireland office seeking comments by 4 June 2004 (explanatory document circulated to each Member).

63 d) Consultation Paper “Proposals to Amend the House Sales Scheme and Extend the Statutory Right to Buy to Housing Association Tenants’ prepared by the Department of Social Development seeking comments by Friday, 30 July 2004. e) Letter and “Draft Leaving and After Care Regulations and Guidance”, prepared by the Department of Health, Social Services and Public Safety seeking comments by 20 August 2004. f) Letter and Consultation Paper on the Operation of the National Reserve and Other Entitlement Issues prepared by the Department of Agriculture and Rural Development seeking comments by Friday, 16 July 2004. g) Letter and Consultation Paper on the Transport Programme for People with Disabilities: Extending Door-to-Door Transport Services across Northern Ireland, seeking comments on any aspect of the proposals in this document by Friday, 16 July 2004. h) Letter and Consultation Paper “Credit Unions and Industrial Societies Review: Initial Consultation on Proposals for Modernisation of Northern Ireland Policy on Credit Unions and Industrial and Provident Societies” prepared by the Department of Enterprise, Trade and Investment seeking comments by 20 August 2004. i) Letter and copy of questionnaire in connection with a “Local Authority Waste Electrical and Electronic Equipment Survey” seeking comments before 9 June 2004 (copy circulated to each Member). j) Letter and Draft Strategy “Supporting People in Northern Ireland 2004-2009” prepared by the Northern Ireland Housing Executive seeking comments by 31 July 2004.

The Chief Executive advised that there were two additional documents which had not been circulated to Members and if any Member required copies of the documents they could contact his Secretary after the meeting.

k) Letter from Rt Hon John Spellar, MP and copy of A Position Report on The Future Investment Needs of the Northern Ireland Railway Network prepared by the Railway Review Group and Booz Allen Hamilton, Consultants, inviting comments on the extent to which funding should be invested in the railway network by Friday, 23 July 2004.

l) Letter from the Animal Health and Welfare Policy Division and copy of the Department of Agriculture and Rural Development’s proposals for new legislation seeking responses to the consultation Paper by Thursday, 19 August 2004.

It was resolved that if any Member or a Party Grouping wished to comment they should submit their views to the Chief Executive who would then pass them on to the appropriate body.

22. ROADS SERVICE Submitted a letter dated 20 May 2004 and schedule and map showing the proposed 279/6/2004 parking bays for disabled people at Queen Street and Broad Street, Magherafelt (copy circulated to each Member) for information.

Noted.

23. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Rev Dr RTWm McCrea, Seconded by Councillor J A McBride, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

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

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

Councillor Miss K A Lagan retired from the meeting at 11.45 pm.

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

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

Proceedings in “Open Council”

It was

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

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

27. SEALING OF The seal of the Council is hereby affixed to the DOCUMENTS following documents:

27.1 Acknowledgement by Magherafelt District Council, the registered owner of a charge entered on Folios 17406 & LY7543 Co. Londonderry (Registered owner: Workspace (Draperstown) Ltd on 16 September 1992 as a burden on the lands, was no longer valued as the 10 years time limit for this burden to remain in force had now expired.

27.2 Catering Franchise Agreement – Indenture between Magherafelt District Council and Geraldine McKillen, 31 Parkmore Heights, Magherafelt for a term of 3 years from 14 July 2003.

27.3 Indenture dated 19 August 2002 between the Manor of Drapers’ Charity and Magherafelt District Council for the rent of land on which the Draperstown toilets sit – from 1 May 1998 for 999 years.

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

(a) Minutes of the Inaugural General Meeting and the First and Second Board Meetings of Lower Bann Partnership Ltd. 66

(b) Letter and copy of the Environment and Heritage Service’s Scheduled and State Care Historic Monuments – 2003-2004. (c) Letter and copy of the strategic framework for the private rented sector in Northern Ireland prepared by the Department of Social Development and the Northern Ireland Housing Executive. (d) Copy of the Department of Employment and Learning’s findings of an extensive review of the further education sector. (e) Copy of “On the Move” – Issue 3 – the official newspaper of Roads Service, enclosed. (f) Leaflet and Report by the Interagency Working Group on Bonfires, enclosed. (g) Letter and copy of the Housing Executive’s Statutory Registration Scheme of Houses in Multiple Occupation (HMOs) in Northern Ireland. (h) Copy of The Equality Commission’s Section 75 Northern Ireland Act 1998 – 4th Annual Progress Report. (i) Copy of the Corporate Plan 2004-07 & Business Plan 2004-05 for the Local Government Staff Commission for Northern Ireland. (j) Annual Reports:

1. University of Ulster.

The meeting concluded at 11.55 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)