MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 10 December 2013. The meeting commenced at 7.30 pm.

Presiding: Mrs C Elattar

Other Members Present: P J Bateson J Campbell T J Catherwood J Crawford Mrs K A McEldowney G McFalone B McGuigan P McLean J J McPeake Mrs C M O’Neill Mrs P L Smith

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Anne Boyle (Acting for Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance:

Mr Adrian Gribben – Planning Officer

1 Apologies

Councillor Mrs E A Forde Councillor J F Kerr Councillor Miss K A Lagan Councillor G C Shiels

2 Minutes

2.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor Mrs C M O’Neill, and

Resolved: that Minutes of the Meeting of the Council held on Tuesday, 12 November 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no items as such arising out of the Minutes.

3.2 Resignation – Councillor Miss K A Lagan The Chief Executive reported that he had received a letter of resignation from Councillor Miss K A Lagan which will take effect from 31 December 2013.

Noted.

4 Declarations of Interest

Councillor J J McPeake declared an interest in an application for the issue of an Entertainments Licence submitted by Erin’s Own Lavey, GAC.

There were no other declarations of interest.

5 Planning 185/12/2013

5.1 New Planning Applications:

H/2013/0149/F - James Donnelly & Sons Ltd Deferred for an office meeting on the request of Councillor J J McPeake.

H/2013/0172/F – Mr Tony O’Doherty Refusal. The Council agreed to the issue of the refusal. The Planning Officer advised that there was 16 letters of objection to this application

H/2013/0246/RM – Mr Michael Quinn Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was 1 letter of objection to this application

H/2013/0258/O – Mr Steven Martin Deferred for an office meeting on the request of Councillors Mrs C Elattar, JJ McPeake and J Campbell.

H/2013/0272/F – Donnelly Brothers Deferred for an office meeting on the request of Councillor J J McPeake.

H/2013/0287/F – Bluebox Broadband Approval. The Council agreed to the issue of the approval.

H/2013/0288/F – Mr David Gordan Deferred for an office meeting on the request of Councillors J J McPeake and Mrs E A Forde

H/2013/0293/F – Mr and Mrs Kidd Refusal. Deferred for an office meeting on the request of Councillor P McLean.

H/2013/0315/F – A Kelly Refusal. Deferred for an office meeting on the request of Councillor J Campbell.

H/2013/0329/O – Mr R Smith Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was 1 letter of objection to this application

H/2013/0340/F – D McNicholl Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were 2 letters of objection to this application

5.1.1 Applications Deferred from Previous Meeting:

H/2009/0645/F – Mr S McLean Approval. The Council agreed to the issue of the approval.

H/2010/0324/F – Mr Thomas McGovern Refusal. The Council agreed to the issue of the refusal.

H/2013/0037/F – Andrea Kelly Refusal. Councillor J Campbell asked for the application be deferred to allow the Applicant to withdraw the application.

H/2012/0187/O – Mr Paddy Kelly Approval. The Council agreed to the issue of the approval.

H/2012/0307/F – Mr Peter Connery Approval. The Council agreed to the issue of the approval.

H/2013/0041/F – Mr A Cudden Approval. The Council agreed to the issue of the approval.

H/2013/0200/F – Mr & Mrs A Millar Approval. The Council agreed to the issue of the approval.

H/2013/0244/F – Mr Andrew Dempsey Approval. The Planning Officer reported that I McCrea, MLA had contacted the Divisional Planning Manager to request an office meeting on behalf of Objectors to this Application and asked if the Council had any objection to this request. Council offered no objection to his request.

5.1.2 On consideration, it was

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

Resolved: to adopt the Planning Schedule dated 10 December 2013 subject to the above conditions and amendments.

5.2 Submitted letter dated November 2013 from Mr J Mulholland re the re- advertised planning application for an Anaerobic Digestion and Feedstock storage facility at 81 Bellshill Road, Magherafelt expressing his concern at the re-advertised planning application.

Noted

5.3 Submitted schedules of Streamlined Planning Application decisions issued from 1 October to 31 October 2013 (copy previously circulated to each Member).

Noted

5.4 Submitted request from Mr Brendan Scott, Community Liaison Officer with SSE Renewables wishing to make a presentation to Council.

On consideration it was decided that this request should be deferred for inclusion on the agenda of the next Council meeting at which Presentations were received by Council.

The Planning Officer retired from the meeting at 7.40 pm.

6 Building Control Department 210/12/2013

The Director of Building Control presented the Department’s report for the period 1 November 2013 to 30 November 2013 (copy previously circulated to each Member)

6.1 During this period 1 November 2013 to 30 November 2013 seventeen applications had been recommended for approval.

A total of seventy-seven applications require amending by Architects and Agents before granting approval.

6.2 Applications for Notices and Regularisations

During the period from 1 November to 30 November 2013 there were no Regularisations and seven Notices issued. Notices were mainly for replacement boilers.

6.3 Building Regulations Inspections

During the period from 1 October 2013 to 31 October 2013 sixty-six applications commenced on site and seventy-one applications were found to be complete in accordance with Building Regulations.

The department carried out three hundred and six inspections during this month.

6.4 Naming and Numbering of Streets

During the period from 1 October 2013 to 31 October 2013 twelve new postal numbers and postcodes were issued for private dwellings.

During the period of this report the Department made 306 inspections.

6.5 Petroleum Legislation

Annual Re-Licensing Applications

During the period of this report one re-licensing inspection was carried out.

6.6 Entertainment Licensing

Mr Glendinning reported that during the period of this report twelve Entertainment Licensing inspections was carried out.

6.7 Property Certificates

There were twenty-seven Property Certificates issued for this period.

6.8 On consideration it was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs P L Smith, and

Resolved: that the report as submitted be adopted .

7 Naming and Numbering of Streets PN208/12/2013

7.1 Consideration was given to the naming and numbering of a Housing Development of five houses at Culbane Road, Portglenone for Sean McCann.

The names suggested were:

1 Hedge School Houses 2 John Bosco Villas 3 Culbane Crescent

7.1.1 Following discussion, it was

Proposed by Councillor P J Bateson Seconded by Councillor Mrs P L Smith and

Resolved: that the Housing Development at Culbane Road, Portglenone be named ‘Hedge School Houses’.

8 Licences and Registrations

8.1 Petroleum Licence

Submitted the following application for the renewal of a Petroleum Licence which was in order and recommended for renewal:-

PL.01 S H Watterson (Engineering) 80 Aughrim Road, Magherafelt

8.1.1 On consideration, it was

Proposed by Councillor P J Bateson Seconded by Councillor Mrs C M O’Neill, and

Resolved: to grant the renewal of the Petroleum Licence application as submitted.

8.2 Street Trading Licences

Submitted the following applications for Street Trading Licences which were in order and recommended for renewal:

ST.3 Mr Jeffrey Robert Parks – 138 Ardmore Road, Lurgan Central Reservation, Market Square, Magherafelt

ST.15 Mr Seamus Dillon, 53 Park, Car-park adjacent to Road, Gulladuff

ST.35 Mr Roland McKelvey, 36 Longfield Road, Lay-by on Desertmartin/ Road, Desertmartin

ST.41 Mr Donald Davidson, Ballinahone Nurseries, 42 Hamiltonsbawn Road, Armagh Central Reservation, Market Square, Magherafelt

ST.54 Mr Brendan Higgins, 42 Inniscarn Road, North-side of St Patrick’s Street,

ST.95 Mr James Armstrong, 58 Drumbolg Road, Lay-by on Maghera side of Grillagh Bridge, Moneysharvin Road,

M.3 Mr Syd Bruce, 11 Knockeen Crescent, Ballymena Clady, Inishrush, , , Magherafelt & Maghera

8.2.1 On consideration, it was

Proposed by Councillor P McLean Seconded by Councillor Mrs K A McEldowney, and

Resolved: to grant the renewal of the Street Trading Licence applications as submitted.

8.3 Entertainment Licences

Submitted the following applications for Entertainments Licences which were in order and recommended for renewal:-

EL. 9 Regan’s Bar, 15-19 Hall Street, Maghera- Mrs Karen Regan

EL. 18 The Coachman Bar, 58 Rainey Street, Magherafelt- Mr Mark Stewart

EL. 22 The Market Tavern, 62 Rainey Street, Magherafelt – Mr Malachy Doris

EL. 24 Magherafelt Parish Centre, 24-26 King Street, Magherafelt – Rev John Gates PP, VF

EL. 28 Erin’s Own Lavey GAC, 56 Quarry Road, Gulladuff – Mr Sean McPeake

EL 32 Oak Leaf Restaurant, 32 Glenshane Road, Maghera – Mr James Patrick Molloy

EL. 36 The Cosy Corner Bar, 68 Gulladuff Road, Gulladuff Mr Seamus Boyle

EL. 40 Dorman’s & The Opera, 17 Queen Street, Magherafelt – Mr Henry & Mrs Teresa McGlone

EL. 56 McAllister’s Bar and Lounge, 76b Sixtowns Road, Draperstown – Mr Peter McAllister

EL. 61 Kearney’s Bar, 79 Main Street, Maghera- Mr James Kearney

EL. 78 Magherafelt High School, Assembly Hall, 30, Moneymore Road, Magherafelt – North Eastern Education and Library Board

EL. St Martin’s GAC, 51 Longfield Road, Desertmartin- 140 Mr Michael McGovern

8.3.1 On consideration, it was

Proposed by Councillor Mrs K A McEldowney Seconded by Councillor P J Bateson, and

Resolved: to grant the renewal of the Entertainments Licence applications as submitted.

8.4 Licensing Order 1996

Notice for Application for an Occasional Licence

8.4.1 Submitted Notices of Applications for Occasional Licences under the Licensing Northern Ireland Order 1996 for information:-

Submitted Notice of Application for an Occasional Licence for -

1. Mr Kevin McLaughlin - Greenlough GAC for a function on 27 December 2013. 2. Mr Joe Gormley – St Martin’s GAC for a function on 27 December 2013 3. McAuleys Bar – Tirgan Community Association for a function on 26 and 31 December 2013

Noted

8.4.2 Submitted Notice of Application for a Protection Order

Manjeeev Sharma & Pradeep Kumar – The Taaj, 44 Queen Street, Magherafelt

9 Environmental Health Department 196/12/2013

Mr Young, Director of Environmental Health submitted the report for the month of November 2013 (copy previously circulated to each Member).

9.1 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983

9.1.1 In accordance with the above legislation a total of four persons had applied to have their premises retained in the register of persons entitled to sell poisons.

9.1.2 It was

Proposed by Councillor T J Catherwood Seconded by Councillor Mrs K A McEldowney, and

Resolved: that the following premises are retained in the register of poisons.

Toners Supermarkets, 24-28 High Street Draperstown Toners Supermarkets, The Diamond Centre, Magherafelt Toners Supermarkets, 21-23 Main Street Castledawson Toners Supermarkets, 18 Road Maghera

9.2 The Hairdressers’ Act (NI) 1939

9.2.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor P J Bateson, and

Resolved: that the premises at 21A Oak Grove, Castledawson operated by Karen Ferris and premises at 122a Main Street, Maghera operated by Maeve McGuigan be registered under the Hairdressers Act (N.I.) 1939.

9.3 The Clean Neighbourhoods and Environment Act (NI) 2011

It was

Proposed by Councillor P McLean Seconded by Councillor Mrs K A McEldowney, and

Resolved: that Council note and endorse the actions of the Environmental Health department in the service of a statutory abatement notice on the occupiers of 12 Riverside South, Castledawson with regard to accumulation of faeces in the rear yard amounting to a nuisance.

9.3.1 Councillor P. McLean said he thought action should be as expedited as soon as possible to remedy the situation

9.4 The Clean Neighbourhoods and Environment Act (NI) 2011

9.4.1 It was

Proposed by Councillor Mrs K A McEldowney Seconded by Councillor P J Bateson, and

Resolved: that Council note and endorse the actions of the Environmental health department in the service of a statutory abatement notice on the owner of property at 42 Mullaghboy Crescent with regard to defective windows and rear door causing dampness amounting to a nuisance.

9.5 It was

Proposed by Councillor B McGuigan Seconded by Councillor P J Bateson, and

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

10 Operational Services Department

10.1 Submitted report by the Director of Operations for the month of December 2013 (copy previously circulated to each Member).

10.2 Mr Cassells gave a detailed presentation of his report, and where appropriate sought the Council’s opinion/approval/permission regarding a number of specific proposals/recommendations contained in the report. In respect of these items the following resolutions were agreed by Council.

10.3 Christmas Lighting in Castledawson

Councillor J Crawford and Councillor T J Catherwood congratulated the Operational Services Department on the work they had done in erecting the Christmas Lighting in Castledawson particularly as this had been a late addition to the usual programme of festive lighting.

Noted

10.4 Vandalism at Polepatrick

In relation to the reported vandalism at Polepatrick Councillor J Campbell requested that the Officers consider the use of some form of surveillance in order to gather direct evidence on the perpetrators.

Noted

10.5 Adoption of the Report

It was

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

Resolved : That, in addition to the above items, the section of the Director’s Report marked “Items for Information” was noted.

Items for Decision

Leisure Services

10.6 Proposed Charges for ‘3G Plus’ Pitch at Meadowbank Sports Arena

Following a short discussion during which the Director of Operations explained that the proposed charges were based on the existing grass pitch charges with the addition of the electricity charges for the floodlighting.

10.6.1 On consideration it was

Proposed by Councillor P McLean, and Seconded by Councillor J J McPeake, and

Resolved : That the Charges as set out in the Director’s Report be adopted with effect from the opening of the new pitch and remain unchanged until at least 31 March 2015.

11. Policy and Development Department

11.1 Events and Festivals Grants

Following discussion it was

Proposed by Councillor Mrs P L Smith Seconded by Councillor Mrs C M O’Neill, and

Resolved: that Council award a grant of £2,500 to Athletics NI and a grant of £500 to Bellaghy Village Regeneration.

11.2 North West Construction Network Programme (Stage 2)

11.2.1 Following discussion it was

Proposed by Councillor JJ McPeake Seconded by Councillor G McFalone

Resolved: that the contract for the North West Construction Programme (Stage 2) be awarded to Full Circle Management Solutions at a cost of £244,000.

12 Payment of Accounts 12/2013

Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,035,434.00 out of the Revenue Account and £155,976.00 out of the Capital Account.

12.1 On consideration, it was

Proposed by Councillor Mrs C M O’Neill Seconded by Councillor T J Catherwood, and

Resolved: to approve the Statement of Accounts as submitted.

13 Subscriptions

Consideration was given to the following subscriptions –

13.1 Market Street Beacon Centre Letter of request for a subscription from The Market Street Beacon Centre, on behalf of the Northern Ireland Association for Mental Health (details previously circulated to each Member). The Director of Finance and Administration reported that, as a subscription had already been given to this Organisation in the current financial year, Council policy dictated that no further contributions could be made until the next financial year. Council Members requested that a letter be sent to the Beacon Centre explaining this and suggesting that they make a fresh application in the next financial year which would start in April 2014.

Noted

13.2 The Somme Association Submitted a request from the Somme Association for the Council’s yearly subscription to the Somme Association (details previously circulated to each Member).

13.2.1 On consideration, it was

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

Resolved: that the yearly subscription of £380.00 plus VAT be made to The Somme Association.

14 DETI Public Appointment

Email from DETINI bringing to the Councils attention the forthcoming DETI Public Appointment competition for the role of seven new Board Members for the Invest NI Board. (details previously circulated to each Member).

Noted .

15 Consultation Documents

Submitted the following consultation documents:

15.1 Letter from NIPSA re the Public Consultation on DETI’s proposals for future consumer representation in Northern Ireland. Consultation closes on 16 January 2014 (copies previously circulated to each Member).

15.1.1 Councillor McPeake spoke of the good work that the Consumer council does and DETI’s proposal had been discussed at a recent NILGA Meeting.

15.1.2 The Chief Executive suggested that Parties should prepare their individual responses regarding the future of the Consumer Council. A combined response from all parties would be discussed at the next meeting of the Council to be held on the 14 th January 2014 and Council would then respond jointly before the closing date on 16 January 2014.

15.2 Letter and Consultation from the Department for Social Development Housing Division on a proposed Housing (Anti-Social behaviour) Bill (Northern Ireland) requesting a response by Monday 24 February 2014 (copies previously circulated to each Member).

15.3 It was agreed that if any Member or Party Grouping wished to comment on the above document they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor T J Catherwood Seconded by Councillor Mrs C M O’Neill, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee” 16 Tenders

This item was taken “In Committee”.

17 Staff Matters

This item was taken “In Committee”.

18 Legal Matters

This item was taken “In Committee”.

19 Magherafelt District Advice Services Ltd

This item was taken “In Committee”.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor J Crawford Seconded by Councillor Mrs C M O’Neill, and

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor J Crawford Seconded by Councillor Mrs C M O’Neill, and

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

20 Sealing of Documents

The Chief Executive advised the Members that there were no items for Sealing.

21 For the Information of Members

21.1 The following items were submitted for the information of Members:

(a) Copy of information leaflet from Reform Inform – Keeping you updated on Local Government Reform, (copy previously circulated to each Member) (b) Copy of Promotional Leaflet for the 2014 Northern Ireland Pensioners Parliament (copy previously circulated to each Member) (c) Copy of Leaflet from Libraries NI on the Mobile Library Service Strategy (copy previously circulated to each Member)

The meeting concluded at 8.40 pm

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)