MAGHERAFELT DISTRICT COUNCIL Apologies
MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 20 January 2015. The meeting commenced at 7.30 pm.
Presiding: Mrs K A McEldowney
Other Members Present: J Campbell (joined the meeting at 7.35 pm) S Bateson T J Catherwood J Crawford Mrs C Elattar Mrs E A Forde M G Kearney G T McFalone B McGuigan J J McPeake Mrs C M O’Neill G C Shiels Mrs P L Smith D O Totten
Officers Present: J A McLaughlin (Chief Executive) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Director of Policy and Development) A Cassells (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance:
DoE Planning Service - Ms Karen Doyle – Planning Officer
1 Apologies
Councillor P McLean.
2 Minutes
2.1 It was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 25 November 2014 (copy previously circulated to each Member) be taken as read and signed as correct.
2.2 It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor D O Totten, and
Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 9 December 2014 (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 matters arising.
4 Declarations of Interest
There were no Declarations of Interest.
5 Planning 185/01/2015
5.1 New Planning Applications:
H/2013/0122/F – Eamon and Patrick Garvin Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were thirty-two letters of objection to this application.
H/2014/0018/F – Mr John Keatley Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.
Councillor J Campbell joined the meeting at 7.35 pm.
H/2014/0288/F – Mr A McCullagh Deferred for an office meeting on the request of Councillor B McGuigan. The Planning Officer advised that there was one letter of objection to this application. A letter of submission was handed to the Planning Officer – Criterion 5. Councillor McGuigan to attend the office meeting.
H/2014/0294/F – Mr Patsy Bateson Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.
H/2014/0434/F – Jim Kempton Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.
H/2014/0347/O – Mr J McCormick Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.
H/2014/0389/F – Magherafelt District Council Approval. The Council agreed to the issue the approval.
H/2014/0393/F – Mr Eugene McErlean Deferred for an office meeting on the request of Councillor M G Kearney. A letter of submission was given to the Planning Officer – Criterion 5. Councillor Kearney to attend the office meeting.
5.1.1 Applications Deferred from Previous Meeting:
H/2010/0311/F – Mr John Gardiner Refusal. The Council agreed to issue the decision. The Planning Officer advised that there were twenty-three letters of objection to this application.
H/2013/0244/F – Mr Andrew Dempsey Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were nine letters of objection to this application.
H/2013/0256/F – Mr Andrew Dempsey Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were nine letters of objection to this application.
H/2014/0058/O – David Lawrence Approval. The Council agreed to the issue of the approval.
H/2014/0086/F – Mr Stephen Duffin Deferred for two weeks on the request of Councillors Mrs E A Forde and G C Shiels to allow for a meeting between the Area Planning Manager and a local MLA. The Planning Officer advised that there were four letters of objection to this application.
H/2014/0102/F – Mr B McPeake Refusal. The Council agreed to issue the decision.
H/2014/0103/O – Paul Irvine Approval. The Council agreed to the issue of the approval.
H/2014/0104/O – Mr Thomas Ward Refusal. The Council agreed to issue the decision. The Planning Officer advised that there were six letters of objection to this application.
H/2014/0152/F – Mr Devlin Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were five letters of objection to this application.
H/2014/0170/F – Mr B Coleman Approval. The Council agreed to the issue the approval.
H/2014/0180/O – Mr Thomas Patterson Deferred for two weeks on the request of Councillors Mrs E A Forde and G C Shiels to allow for a meeting between the Area Planning Manager and a local MLA.
H/2014/0189/F – Mr A Booth Deferred for two weeks on the request of Councillors Mrs E A Forde and G C Shiels to allow for a meeting between the Area Planning Manager and a local MLA.
H/2014/0215/O – Mr Cassidy Approval. The Council agreed to the issue of the approval.
H/2014/0310/O – Mr I Hyndman Deferred for two weeks on the request of Councillors Mrs E A Forde and G C Shiels to allow for a meeting between the Area Planning Manager and a local MLA.
5.1.2 It was
Proposed by Councillor B McGuigan Seconded by Councillor G T McFalone, and
Resolved: to adopt the Planning Schedule dated 20 January 2015 subject to the above conditions and amendments.
5.2 Submitted schedule of Streamlined Planning Application decisions issued from 1 November to 30 November 2014 (copy previously circulated to each Member).
Noted.
The Planning Officer retired from the meeting at 7.45 pm.
6 Planning Appeals Commission
6.1 Consideration was given to a response to a letter from PAC regarding an Enforcement Appeal received against The Planning (Northern Ireland) Order 1991 in the name of Mr James Cassidy for the alleged unauthorised use of land for the siting of a modular dwelling making a material change of the use of the said lands being development carried out without the grant of planning permission at 28 Ballymaguigan Road, Magherafelt (copy of letter previously circulated to each Member).
6.2 Following discussion it was agreed that a response be deferred until Councillor J J McPeake had spoken to ex-Councillor Peter Bateson regarding information and possible representations. The matter would be brought back to Council next month.
7 Building Control Department 210/01/2015
The Director of Building Control presented the Department’s report for the period 1 December to 31 December 2014 (copy previously circulated to each Member).
7.1 During this period 1 December 2014 to 31 December 2014 twenty-one applications had been recommended for approval. A total of eighty-nine applications require amending by Architects and Agents before granting approval.
7.2 Applications for Notices and Regularisations During the period from 1 December 2014 to 31 December 2014 there were two Regularisations and twenty-one Notices issued. Notices were mainly for replacement boilers.
7.3 Building Regulations Inspections During the period from 1 November 2014 to 31 November 2014 seventy- eight applications commenced on site and eighty-three applications were found to be complete in accordance with Building Regulations.
The department carried out two hundred and eighty-three inspections during this month.
7.4 Naming and numbering of Streets During the period from 1 November 2014 to 31 November 2014 twelve new postal numbers and postcodes were issued for private dwellings.
7.5 Petroleum Legislation - Annual Re-Licensing Applications During the period of this report three re-licensing inspections were carried out.
7.6 Entertainment Licensing During the period of this report forty-three entertainment licensing inspections were carried out.
7.7 Dangerous Structure - 11-13 William Street, Bellaghy. Mr Glendinning reported that a dangerous structure was notified to the department on 16 January 2015. Loose slates were found on the roof of 13 William Street, Bellaghy and a loose ridge tile on 11 William Street, Bellaghy all of which were in danger of falling onto the public footpath or roadway.
Mr Glendinning explained that the owner of the premises was contacted to make the building safe immediately. The loose slates and ridge tile were removed on the weekend of Saturday the 17 January 2015, and therefore the buildings were now deemed to be safe to the public.
Noted.
7.8 Property Certificates There were thirty-three Property Certificates issued for this period.
7.9 Mr Glendinning sought permission to raise an issue regarding the naming of industrial units in Magherafelt.
The Chairperson, Councillor Mrs K A McEldowney agreed.
7.10 Station Road Industrial Estate Mr Glendinning recommended that the Council name the industrial units on the Station Road, Magherafelt officially as ‘Station Road Industrial Estate’, Magherafelt and not 35 Station Road as previously referred to.
7.10.1 Following discussion, it was
Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and
Resolved: to officially name the industrial units on Station Road, Magherafelt as ‘Station Road Industrial Estate’.
7.11 On consideration it was
Proposed by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and
Resolved: to adopt the report as submitted.
8 Licences and Registrations
8.1 Entertainment Licences
Submitted the following applications for Entertainment Licences which were in order and recommended for renewal:-
EL/03/15 McFlynn Suite, O’Donovan Rossa GAC, 75 Castledawson Road, Magherafelt BT45 6PB – Mrs Siobhan Toner
EL/06/15 The Hogan Stand, 32 Moneyneany Road, Draperstown BT45 7DZ – Mr Charlie McNally EL/11/15 The Underground Bar, St Patrick’s Street, Draperstown BT45 7AJ – Mr Brian Donnelly EL/13/15 Newbridge Youth Club, 40 Blackpark Road, Toomebridge BT41 3SL – Mr Liam Devlin EL/16/15 Castledawson Presbyterian Church Hall, Main Street, Castledawson BT45 8AB – Mr Norman McMullan EL/17/15 St Mary’s Church Hall, 3 Tamlaghtduff Park, Bellaghy BT45 8JR - Rev Andrew Dolan El/20/15 The Hawthorne Inn, 54 Kilrea Road, Portglenone BT44 8JB – Mr David Gordon EL/24/15 Magherafelt Parish Centre, 24/26 King Street, Magherafelt BT45 5AR – Rev John Gates EL/25/15 Wolfe Tones GAA Social Club, 30 Ballyscullion Road, Bellaghy BT45 8LD – Mr Ryan Diamond
EL/28/15 Erins Own GAC, 56 Quarry Road, Gulladuff BT45 8NS – Mr Sean McPeake EL/31/15 St Malachy’s GAC, 55 Broagh Road, Castledawson BT45 8ER EL/35/15 St Oliver Plunkett Hall, 232 Mayogall Road, Clady, Portglenone BT44 8NN – Mr Joseph Clarke EL/40/15 Dormans’ Bar & Secrets Nightclub, 15-17 Queen Street, Magherafelt BT45 6AA – Messrs Henry & Theresa McGlone EL/41/15 Bellaghy Presbyterian Church Hall, 50 Main Street, Bellaghy BT45 8HT – Mrs M Evans EL/42/15 Assembly Hall, St Patrick’s College, 25 Coleraine Road, Maghera BT46 8BN – Mrs Anne Scott EL/43/15 Downey’s Bar, 26-28 Queen Street, Magherafelt BT45 6AB – Mr Henry Downey EL/51/15 An Rath Dubh, 53 Moneyneany Road, Draperstown BT45 7EN – Moneyneany Development Group EL/52/15 Mulligans’ Bar, 19A Moneyneany Road, Draperstown BT45 7DU – Mr Brain Mulligan EL/57/15 The Shamrock Bar, 5-7 St Patrick’s Street, Draperstown BT45 7AJ – Mr John Mulligan EL/60/15 McKinney Memorial Hall, 33 Main Street, Tobermore BT45 5PP – Tobermore Community Projects
EL/62/15 Magherafelt Masonic Club, 17 Hospital Road, Magherafelt BT45 5DG - Mr Barry Freestone EL/63/15 The Linenhall Centre, 67 Kilrea Road, Upperlands BT46 5RU – Mrs Mary O’Kane EL/65/15 Woods Parish Hall, 64 Carraloan Road, Magherafelt BT45 6HT – The Rector & Select Vestry EL/69/15 Desertmartin Parish Hall, 19 Dromore Road, Desertmartin BT45 5JZ – Mr Sam Hudson EL/90/15 St Colm’s High School, 2 Magherafelt Road, Draperstown BT45 7AF – Mrs Roisin McKenna EL/110/15 McKenna’s Bar, 2-4 Glen Road, Maghera BT46 5AW – Mr Peter Bernard McKenna EL/116/15 Island Hill AOH Hall, 185 Shore Road, Ballymaguigan BT45 6LP – Mr Lewis Doyle EL/120/15 Friels Bar & Rafters Restaurant, 2-4 Kilrea Road, Swatragh BT46 5QF – Mr Dermot Friel EL/122/15 The Parish Centre, 153 Aughrim Road, Magherafelt BT41 3SH – Rev John Fox EL/133/15 St John Bosco Community Hall, 3 Culbane Road, Portglenone BT44 8NZ – St John Bosco Community Association EL/140/15 St Martin’s GAC, 51 Longfield Road, Desertmartin BT45 5LS – Mr Michael McGovern
8.1.1 It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor Mrs C Elattar, and
Resolved: to grant the renewal of the Entertainments Licences as submitted.
8.2 Street Trading Licences
Submitted the following application for Mobile Street Trading Licence which was in order and recommended for approval:
MTL/05/15 Mr Patrick McCullagh, 11 Ballybrack Road, Omagh BT79 9LU – Magherafelt, Maghera & Clady 12 noon – 9.00 pm on Mondays 12 noon – 9.00 pm on Tuesdays 12 noon – 9.00 pm on Wednesdays 12 noon – 9.00 pm on Thursdays 12 noon – 9.00 pm on Fridays 12 noon – 9.00 pm on Saturdays 12 noon – 9.00 pm on Sundays
8.2.1 It was
Proposed by Councillor Mrs P L Smith Seconded by Councillor C M O’Neill, and
Resolved: to grant the Mobile Street Trading Licence as submitted.
8.3 Licensing Northern Ireland Order 1996
8.3.1 Notice for Application for an Occasional Licence
Submitted Notice of Applications for an Occasional Licence under the Licensing Northern Ireland Order 1996 for information:-
McAuley’s Bar, 51 St Patrick’s Street, Draperstown – Tirgan Community Association, Moneymore for a function on 13 February 2015
Kevin McLaughlin, 46 Glenone Road, Portglenone – Bann Valley Community Group for a function on 20 February 2015
Noted.
8.3.2 Notice for Application for the Transfer of a Licence
Mulligan’s Bar, 19 Moneyneena Road, Draperstown from Brian Mulligan & Frances Andrews, 2 Drumderg Cottages, Draperstown to Brian Mulligan.
Ardtara Country House, 8 Gorteade Road, Upperlands from Ardtara Ltd to Jeneem Ltd, 1-2 Bonds Hill, Waterside.
Noted.
9 Environmental Health Department 196/01/2015
Mr M Young, Director of Environmental Health submitted the report for the month of December 2014 (copy previously circulated to each Member).
9.1 Motor Vehicles Tyres (Safety) Regulations 1994 Mr Young informed Members that, as part of a regional sampling programme, two part worn tyres had been purchased and tested. The tyres complied with all statutory requirements except the requirement to bear the words “part worn”.
It was explained that this did not affect their legality for use on the road.
After due discussion, it was
Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and
Resolved: that advisory letters be sent to the suppliers of the tyres.
9.2 It was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that Council adopt the remainder of the report which was for information.
9.3 Councillor M G Kearney enquired about Food Hygiene Scores and if it was compulsory for them to be displayed in food premises.
9.3.1 In reply Mr Young advised that it was not compulsory and that all the scores were accessible on the Council’s website.
10 Policy and Development Department
Mrs Anne-Marie Campbell, Director of Policy and Development submitted a Policy and Development report for January 2015 (copy previously circulated to each member).
10.1 Letter – Draft Budget Proposal regarding Local Bus Services
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that Council sends the letter (as presented in the report) to Minister Kennedy seeking consideration of the proposed budget cuts to reform the services of Translink by the NI Executive.
10.2 Following discussion it was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor J J McPeake, and
Resolved: that the report for the Policy and Development Department, which was mainly for information, as presented, be adopted.
11 Payment of Accounts 01/2015
11.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,697,278.41 out of the Revenue Account and £454,421.10 out of the Capital Account.
11.2 It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and
Resolved: to approve the Statement of Accounts as submitted.
12 Conferences and Courses
Consideration was given to the nomination of delegates to attend –
12.1 APSE Northern Ireland Seminar entitled ‘Performance Improvement – are you ready?’ to be held in Lisburn on Thursday, 30 January 2015 (details previously circulated to each Member).
12.1.1 It was agreed not to nominate.
12.2 Small Business Summit: What next for SME Support? To be held on Thursday, 12 February 2015 at Island Hall, Lagan Valley Island, Lisburn (details previously circulated to each Member).
12.2.1 It was agreed to leave nominations open.
12.3 A Northern Ireland Housing Conference to be held on Tuesday, 17 February 2015 at Crumlin Road Gaol, Belfast on the future shape of housing (details previously circulated to each Member)
12.3.1 It was agreed to leave nominations open.
13 Consultation Documents
Consideration was given to the following documents –
13.1 Letter and Consultation on Addressing Bullying in Schools issued by the Department of Education seeking comments by Friday, 27 February 2015 (copies previously circulated to each Member).
13.2 Letter from the Department of the Environment and consultation on the introduction of statutory guidance to assist Councils and their community planning partners in the operation of their new duty of community planning from 1 April 2015, seeking a response by 9 March 2015 (copies previously circulated to each Member).
13.3 Letter and consultation paper entitled “A Tenant Participation Strategy for Northern Ireland 2015-2020’ published by the Department of Social Development seeking comments by 8 April 2015 (copy previously circulated to each Member).
13.4 Draft NILGA response to the NI Commissioner for Complaints Consultation on Guidance for Councillors on the NI Local Government Code of Conduct (copy previously circulated to each Member).
13.5 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should submit their comments to the Chief Executive who would arrange to have them sent to the Government Department or body concerned.
14 Public Appointments
Consideration was given to Notices of the following:
14.1 Recruitment of Chair to the Board of Northern Ireland Transport Holding Company (details circulated to each Member).
14.2 Council Members to the Board of Libraries NI (details circulated to each Member)
14.3 Local Government Member on the Northern Local Commissioning Group (LCG) (details circulated to each Member).
14.4 It was agreed that any Member could make an application for any of the above positions.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
15 Audit Committee
This item was taken “In Committee”.
16 Staff Matters
This item was taken “In Committee”.
17 Legal Matters
This item was taken “In Committee”.
Resolution to Proceed in “Open Council”
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor Mrs E A Forde, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor Mrs E A Forde, and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
18 Sealing of Documents
The Seal of the Council is hereby affixed to the following document:
Grant of Right of Burial to Mr Jason Arrell, 49 Ruskey Road, Coagh BT80 8AH, son of Mr Thomas Philip Victor Arrell (deceased) – Plot A156.
19 For the Information of Members
The following items were submitted for the information of Members:
(a) Copy of updated CAP Reform Policy Clarification and the Summary of decisions on CAP Pillar 1 Direct Payments (copy previously circulated to each Member) (b) Copy of Transition Mid Ulster – Issue 7 (copy previously circulated to each Member) (c) Copy of Reform Inform, Issue 24 (copy previously circulated to each Member) (d) Copy of letter from the Post Office on the decision to move Castledawson Post Office (copy previously circulated to each Member)
(e) Copy of the Consumer Council’s manifesto, Consumer Agenda (copy previously circulated to each Member) (f) Copy of the Department of Education’s Sharing Works: A Policy for Shared Education and Shared Education Bill (copies previously circulated to each Member) (g) Copy of TransportNi Local Transport and Safety Measures – Draft Programme for the Magherafelt District Council are 2015-2017 – November 2014 (copy circulated to each Member)
20 Forthcoming Council Meetings – February and March 2015
Following discussion it was agreed that the Council would continue to meet on the second Tuesday and fourth Tuesday in February and also on the second Tuesday in March (9 March). On the fourth Tuesday, (24 March) 2015 the Council would meet only to approve the Minutes of previous meetings. The approval of Minutes would be the only item on the Agenda for this meeting.
The meeting concluded at 8.40 pm
Chief Executive
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)