Magherafelt District Council

MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 12 November 2002. The meeting commenced at 7.30 pm.

Presiding: Rev Dr R T Wm McCrea, MLA

Other Members Present: T J Catherwood P E Groogan O T Hughes J Junkin J F Kerr Miss K A Lagan J A McBride P H McErlean (joined the meeting at 7.31 p.m.) P McLean (joined the meeting at 7.40 p.m.) R A Montgomery H E Mullan S O’Brien J P O’Neill G C Shiels

Apology: J Kelly

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 The Planning Service: Bodies in Attendance: Mr Clifford McIlwaine (Acting Divisional Planning Manager) Mrs Joan Bryson – Planning Officer

1. MINUTES 1.1 It was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor P E Groogan, and

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 8 October 2002 (copy circulated to each Member) be taken as read and signed as correct.

Councillor P H McErlean joined the meeting at 7.31 p.m.

2. MATTERS ARISING The Chief Executive submitted the following OUT OF THE MINUTES letters:

56/11/2002 2.1 Save the Children, Maghera & Upperlands Branch, The Society of Parents and Friends of Muckamore Abbey and the Northern Ireland Ploughing Association for donations.

Noted.

2.2 Cookstown & Magherafelt Citizens Advice Bureau thanking the council for the interim payment. Noted.

2.3 Soham Town Council thanking the people of Magherafelt District Council for their thoughts and sympathies expressed in the Book of Condolences recently received.

Noted.

2.4 Legitimacy of Notice of Motion:

The Chief Executive advised that the Council’s Solicitors had forwarded a reply to the issues raised in connection with a Notice of Motion at the October meeting of the Council. The motion concerned a decision, taken at a Joint Meeting of Cookstown and Magherafelt District Councils on the Mid-Ulster Hospital held on Tuesday 26 June, that a delegation should meet with the Health Committee of the Northern Ireland Assembly, was ratified by the Council at its meeting on 13 August 2002. The motion was ruled inadmissible due to Standing Order 11 by the Chairman.

The Solicitors advised that the Chairman was both correct and incorrect in his ruling in that:

(a) The motion voted on by the joint sub committees and subsequently adopted by Magherafelt District Council on 13 August 2002 was in effect a motion moved in pursuance of a recommendation of a committee and in accordance with Standing Order 11 does not apply to same.

(b) The Chairman was correct, however, in rejecting the Motion simply because it did not comply with Standing Order 9.1. Although given in writing it was not signed by the number of members of the Council giving the Notice as seven names are mentioned theron yet the Notice is signed by only two.

Noted.

3. CONGRATULATIONS 3.1 The Chairman, Councillor Rev McCrea congratulated Mr J J Tohill, Director of Finance 260/11/2002 and Administration and his wife on the birth of twins.

Members were delighted with the news.

Noted.

4. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s reports for the period 2 October to 5 November 2002 (copies circulated to each 210/11/2002 Member).

4.1 Mr Glendinning stated that during the period of the report forty-eight applications had been approved.

4.1.1 One application was exempt – MA/2023/0296 - erection of a garage for Mr Felix McErlean, 21 Lisheen Park, Portglenone.

4.1.2 Two applications had been cancelled – MA/0989/0139 – Mr Frank Moran, 16 Drumsamney Road, Desertmartin for a garage and MA/0989/0140 – Mr Hubert O’Neill, 1 Drumard Lane, Draperstown for an extension to the dwelling, as they did not wish to proceed.

4.1.3 There was one extension of time – MA/0989/0287 – Mr Albert Scott, 6 Mullagh Lane, Maghera for an extension to dwelling.

4.1.4 Sixty-seven applications had been commenced on site, and fifty-three applications had been completed during this period.

4.2 On consideration it was

PROPOSED by Councillor J P O’Neill, Seconded by Councillor J F Kerr, and

RESOLVED: that the report as submitted be adopted.

5. NAMING AND Submitted letters and site plans for the naming and NUMBERING OF numbering of: STREETS 5.1 Four dwellings at Gracefield Road, PN91/11/2002 Magherafelt for Vincent Doyle, contractor. The name suggested was “Riverside”.

On consideration it was

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

RESOLVED: that the Council adopt the name of “Riverside” for the four dwellings at Gracefield Road, Magherafelt.

5.2 A private housing development at Ballyknock Road, Maghera for Convery Developments. The suggested name was “Glenshane Manor”.

On consideration it was

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

RESOLVED: that the Council adopt the name of “Glenshane Manor” for the private housing development at Ballyknock Road, Maghera.

6. PETROLEUM Submitted the following application for the LICENCES transfer of ownership of a Petroleum Licence which was in order and recommended:-

P. 52 Brian & Meta McEldowney 37 Kilrea Road, Upperlands

6.1 It was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J F Kerr, and

RESOLVED: that the application as submitted for the transfer of ownership be granted.

7. TEMPORARY TRADING Submitted the following applications for Temporary Trading Licences which were in order and recommenced:-

Maghera: Mrs Estelle Iris Cochrane, Armour Balloons, 63 Blackisland Road, Annaghmore

Mrs Lynn Ferguson 8a Aghaveagh Road, Cookstown BT80 0DX

Magherafelt: Mrs Estelle Iris Cochrane, Armour Balloons, 63 Blackisland Road, Annaghmore

Mr Michael McDonagh 69 Hunter Crescent Omagh BT78 5EH

Mrs Lynn Ferguson 8a Aghaveagh Road, Cookstown BT80 0DX

7.1 On consideration it was

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

RESOLVED: that the applications received for temporary trading licences be approved.

7.2 Submitted one application for mobile trading which was in order and recommended:-

Mr Patrick McCullagh Lane View Loughmacrory, Co Tyrone

7.3 On consideration it was

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

RESOLVED: that the application as submitted be approved.

8. REGISTRATION OF Submitted copy of an application for the A SOCIETY Registration of a Society as required under the Betting, Gaming, Lotteries and Amusements (NI) Order 1985 Article 136 which was in order and recommended:-

RS 6 Kilronan School, Magherafelt – Bernadette McCormack

On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor J P O’Neill, and

RESOLVED: that the application as submitted be approved.

9. PLANNING SERVICE Submissions to be made to the Planning MANAGEMENT BOARD Services Management Board:

184/11/2002 9.1 H/2001/0818/O – Mr J McCloskey: Councillor Miss K A Lagan stated that there had been three previous approvals on site. The agent wanted to defer but the applicant decided to re-site and submit revised drawings. The current application would be withdrawn. It was

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

RESOLVED: that the submission to the Planning Service Management Board be cancelled.

9.2 H/2001/0809/O – Mr & Mrs J McPherson: Councillor G C Shiels requested that the submission to the Planning Service Management Board be cancelled as he had not heard anything from the applicant or his agent. He requested that the applicant be given three weeks to withdraw the application or a refusal would be issued.

9.3 H/2002/0300/O – Mr C Mulholland: Councillor O T Hughes asked that the submission to the Planning Service Management Board be cancelled. The applicant had requested that the application proceed to the Planning Appeals Commission and in order to allow him to do so the application required to be refused.

Noted.

Councillor P McLean joined the meeting at 7.40 p.m.

9.4 H/2002/0347/O – Mrs B Gribben: It was

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

RESOLVED: that the following submission be forwarded to the Planning Service Management Board:

1. The applicant has lived on this Farm Holding at 136 Creagh Road, Castledawson for the last 40 years. Her husband, William Patrick (deceased) was a pig farmer with rearing units for 200 pigs. His wife took an active part in the farming as well as rearing the couple’s 5 children. She is currently living with her son Rory and his family who have inherited the existing farm house for his father. It is Mrs Gribben’s opinion that she would prefer a house on her own.

2. The proposed site backed into mature hedges along the southern boundary and would be accessed by Eoin Gribben (no relation). The ownership of the lane lies with the applicant.

3. The Planning Service in their notice of their intention to refuse have given 4 reasons for their proposed decision:

1. A tendency to ribboning 2. Unacceptable pattern of development.

The proposed site adjoins the bungalow at 122 Creagh Road and two new sites, recently passed by the Department to the South and South West of the site for Mr Eoin Gribben, Senior (not yet built) marked A on the attached plan, and a site for Mr Eoin Gribben, Junior (built) marked B on the attached plan. This proposal can be seen as a rounding off of a cluster of housing which has been created by The Planning Service under existing policies. Note, this is similar to new development recently approved for Mark McErlain at a site adjacent to 93 Hillhead Road (H/2000/0447 & H/2000/0859 RM) where a similar rounding off has been allowed to take place.

Regarding the tendency to ribboning, inspection of the housing approved on the opposite side of the road at Nos. 111 and 121 will show that roadside development has been a policy allowed by the Department and is not uncommon. It was the Council’s opinion that given the historical practice of the Department this proposal should not be refused on this basis (see also H/1999/0422 – site adjavent to 99 Creagh Road, Castledawson).

4. Lack of integration Given the recently approved planning permissions the group would form part of a Claghan type housing group and could not be said to lack integration (see Northern Ireland Housing Executive Housing Scheme H/2000/0173/F at Hillhead close to the site).

5. Change of character and build up in the area Given the number of new permissions approved by the Planning Service it cannot be said that this proposal would radically change the character of the development in the area which has been established by the policy of the local Planning Department. This has been a policy of allowing new roadside development and increasingly allowing back- filling of development to take place as shown on this location and in many other examples.

In the Council’s opinion the proposed site has no agricultural use and is best used for creating a home rather than being un-kept and semi-derelict.

9.5 H/2002/0388/O – Mr M McKenna & Ms A McNicholl:

It was

PROPOSED by Councillor S O’Brien, Seconded by Councillor J F Kerr, and

RESOLVED: that the following submission be forwarded to the Planning Service Management Board:

1. Lack of integration:

This site has got an existing hedgerow approximately 2.5m high to the Northern boundary, which would help to screen any proposed dwelling from the Aughrim Road. It also has high trees and hedge approximately 9m high to the rear, which provides a backcloth and also benefits from the existing building to sides and rear. On Page 126 of the Planning Strategy for Rural Northern Ireland it states that “A new building in the countryside will be acceptable if, when viewed from these surrounding vantage points it meets all the following criteria: it blends sympathetically with landform; it uses existing trees, buildings, slopes or other natural features to provide a backcloth; it uses an identifiable site with long established boundaries, which separate the site naturally from the surrounding ground; and it does not spoil any scenic aspect or detract from the visual appearance of the countryside. The Council felt that this site complied with all of these conditions.

As seen in Photograph 1 (when approaching from Toome) this site is not prominent or top of slope and has got the existing backcloth of high trees and buildings and has got long established boundaries. Photograph 2 shows the view of the site when approaching from Ballyronan and shows that it is completely hidden from this direction. Photograph 3 shows the approach from Magherafelt and again the site is completely shielded by the large red brick house. It is felt that because of all the above-mentioned features there is a more than adequate level of integration.

DES5 and SP19 both accept that it may be necessary and acceptable for additional landscaping to be carried out in addition to the existing vegetation to further integrate the proposed development and the applicants are willing to carry out further planting by way of condition.

2. Change in character/build up:

It is felt that another dwelling in this area would not change the character because of the existing level of integration. A bungalow set on this site would have no greater impact than that which already exists. Photograph 1 shows the large red brick house with a single storey extension to the rear. This house is the prominent feature when approaching from Toome direction but the roof of the single storey rear extension is all that can be seen easily. The proposal, which is set beside this rear extension, and has a roof at the same level, would not have any greater impact than that which already exists and would not make the area appear to build up with housing.

3. Unacceptable pattern:

The Council feels that because of the existing houses/buildings surrounding this site, this proposed dwelling is fitting into/infilling into an existing small cluster and should therefore be acceptable because of its sensitive grouping and the fact that this locality has the capacity to absorb another dwelling without creating an adverse impact on the visual amenity. This site is set well back from the road, along an existing lane and behind the immediate roadside field. It is not a large rectangular plot cut out of a roadside field but it is positioned sensitively with a group of buildings and blends unobtrusively with its surroundings. This all complies with Page 127 of the Planning Strategy so this reason is unjustified.

4. Conclusion:

The second paragraph of SP6 in the Planning Strategy states that the theme of the public consultation was that those brought up in rural areas should not be prevented from building their homes there. 11

Mr McKenna was brought up here and would like to remain beside other family members. The applicants are a young couple who intend to marry next year. Because of the high house prices in this area they feel that they will not be able to afford to buy a house. This is the only piece of land available to them, they feel they can afford, to build a small bungalow on, otherwise they would propable have to rent accommodation.

If the site is acceptable, the applicants are willing to comply with the Planning Service’s stipulation/condition, the size and height of any dwelling. They are also willing to carry out additional tree planting if required, prior to the submission of a reserved matters application.

9.6 H/2002/0516/O - Mr F Craig: Councillor S O’Brien requested that the submission be deferred for a further month.

Noted.

9.7 H/2002/0240/O – Mr Mark McAllister: Councillor P H McErlean requested that the submission to the Planning Service Management Board be cancelled that the Applicant given three weeks to withdraw the application or a refusal would be issued.

Noted.

10. PLANNING SERVICE 10.1 The Chairman welcomed Mr C McIlwaine, Acting Divisional Planning Manager to the 275/11/2002 meeting and thanked him for attending at the Council’s request to explain matters raised at the October meeting on the current Planning Policy.

10.1.1 Councillor Rev McCrea requested Mr McIlwaine to extend Good Wishes to Mr Hugh McKay the Chief Planning Officer who was seriously ill.

10.1.2 Mr McIlwaine firstly referred to the question of single houses in the countryside. He had looked at the pattern of approvals over the last year which showed that 365 applications had been approved and 250 applications had been refused; a ratio of 3:2.

The current schedule for November showed that there were 38 approvals as against 19 refusals. The figures related to initial opinions. In the wider context applications had increased by 10%, the staff team membership had increased marginally and approvals were approximately three times the number being built – 130 houses each year.

10.1.3 Mr McIlwaine stated that the Policy and Planning Strategy had remained unchanged and the numbers being refused were not linked to the Area Plan process. He said that he hoped to return to the Council’s next monthly meeting to discuss the Area Plan process in more detail.

10.1.4 Mr McIlwaine commented that given the number of approvals issued it was inevitable that it was becoming more and more difficult to find appropriate sites. Quite often at group meetings in Ballymena the first issue was build-up of development. He said that too many applications were repeatedly deferred by the Council and the situation had become difficult to manage. His opinion was that if there were less deferrals more time could be spent by his staff looking at sites. He emphasised that the Planning Service’s decision was a group process. Mr McIlwaine also stated that Mrs Bryson’s main role on site was to listen to views and bring them back to the group meeting. It was he and Mr Ian McAllister that had authority.

Members’ Questions:

Councillor G C Shiels said that he had been responsible for proposing at the last meeting, that Mr McIlwaine attend to alleviate uncertainty and ambiguity and a suspicion that the 3,600 housing figure for the Magherafelt District and the number of recent approvals were inextricably linked. He commented that the month of November was much better.

In reply, Mr McIlwaine stated that the Area Plan figure was difficult to process and there was nothing in the new Area Plan and the Housing Growth Indicator the influenced the rural planning applications. If this was the case and the applications proceeded to the Planning Service Management Board or the Planning Appeals Commission the planning staff would be criticised.

Councillor J A McBride said that people raised in the countryside wished to remain there and as far as possible the Council wanted this to continue. No Councillor wanted to see unsightly, haphazard developments, but occasionally objections had to be raised. However, the Council expected the Planning Policy to be applied consistently and he agreed with Councillor Shiels that within the last year there appeared to be a restriction to building in the countryside. The Planning Policy had been in place since 1993 and he expected to see consistency and uniformity. He suggested an extension of the green belt in advance of the Area Plan.

Mr McIlwaine said that he did not want to belittle the difficulties in finding suitable sites but he believed that the design skills had to be better. A stricter criteria had not been applied because he felt change was coming.

Councillor J F Kerr referred to the 250 refusals within the last twelve months and asked if statistical analysis and reasons for refusals could be obtained.

Mr Mcllwaine agreed that this could be considered but wondered how it could be done. There were several reasons, but build-up and change in character seemed to be more prevalent in Magherafelt than in other areas. He suggested that they could look at the pros and cons of integration first, before build-up.

Councillor Miss K A Lagan stated that the sites chosen were a problem because it was difficult for anyone to say whether a site had a possibility of success or not so everything was thrown into the equation.

Councillor R A Montgomery spoke of the difficulties in deciding where a site was good or bad for development. He asked if an indication could be given of those turned down, if the applications submitted by Agents were more likely to succeed.

In reply Mr McIlwaine said that 95% of applications were submitted by Agents.

Councillor P H McErlean stated that if three houses were passed within an area and another was turned down people could not understand why. He said that he had sympathy with rural planning application but there was a greater need for brown-field sites. There would be quicker decisions on applications. He appreciated the 10% increase in application but quicker decisions would be helpful.

Mr McIlwaine said that Magherafelt had an high level of deferrals in comparison with other areas. He said that an office meeting should follow on receiving new information. Occasionally up to two office meetings had been requested and then there was a referral to the Planning Management Board or Planning Appeals Commission.

The Chairman, Councillor Rev Dr R T Wm McCrea said that he appreciated that the planners had to work within the guidelines but architects had to improve their submissions and that there had to be consistency in the application of the guidelines. He referred to the number of times Councillors went to site meetings unnecessarily and referred to the number of changes made based on site meetings alone. There seemed to be differences between districts, divisions and Councils. He said that other Councils might give up easily but Magherafelt would not. He referred to what he considered a stupid reason for refusal “tendency to ribboning”.

Mr McIlwaine commented that he also had difficulty with the phrase. He was quite prepared to work with Mrs Bryson to differentiate between build-up and lack of integration and he would spend some time in interpreting “tendency to ribboning”.

Councillor Rev McCrea said that if a Councillor made a good case, and the application was refused, they never got an explanation as to why.

Mr McIlwaine said that the reasons for refusal had to be stood over by the planning staff. In the Magherafelt District not many applications progressed to a Planning Appeal unlike, for example, the Antrim Borough Council area.

Councillor J A McBride referred to “impact of dwelling on the visual amenity” and said that a site virtually invisible had been turned down.

10.3 A Special Meeting of the Council was arranged for Tuesday, 3 December 2002 at 7.30 p.m. when Mr McIlwaine would come to discuss issues on the Area Plan.

10.4 In conclusion Mr McIlwaine stated that Modernising the Planning Process would pick up after January 2003.

10.5 Submitted the Divisional Planning Manager’s report dated 12 November 2002 (copy circulated to each Member).

10.5.1 The following applications were taken into special consideration:-

New Applications:

H/2001/0260/F – JFM Construction The Planning Officer reported that one objection had been received regarding the impact on areas of natural conservation, however the opinion was still approval.

H/2001/0273/F – Marald Prime Developments The Planning Officer advised that two objections had been received relating to flooding, loss of privacy and dangerous access difficulties. The Rivers Agency had no history of flooding. Appropriate designs would be submitted to address the concern. The planning opinion was still approval.

H/2002/0416/F – Hughes Furniture Ltd The Planning Officer advised that on objection had been received in connection with privacy and overlooking by two-storey windows. The planning opinion was still approval.

H/2002/0541/F – SDC Trailers Ltd The Planning Officer advised that 10 objections had been received mainly in connection with, it was outside development limits, traffic, air quality and landscaping. The Council’s Environmental Health Department had already commented on the air quality problem. The extension would provide new jobs for 20-25 people.

A letter from SDC Trailers Ltd was circulated to each Member present.

H/2002/0666/F – Mr V McKenna The Planning Officer advised that one objection had been received relating to loss of privacy, loss of conservation, value and loss of view. The Planning Opinion was still approval.

H/2002/0789/O – Hutchinson 3G (UK) Ltd The Planning Officer advised that 21 objections had been received stating that the 5m extension to the existing 20m telecommunications mast at Railway Terrace, Annaghmore Road, Castledawson was detrimental to visual amenity and height. There were also Health and Social Services and Environmental issues.

The Chairman, Councillor Rev McCrea said that the objectors had a right to be heard. The Minister had changed the legislation and the objectors should have an office meeting if they wished to go ahead. He said that telecommunication companys often submitted an application for a small mast and then go for a larger one.

Councillor J Junkin stated that often providers shared the existing mast rather than erect a second mast.

It was proposed that if the objectors did not wish to be heard at an office meeting then the application should be approved without coming back to Council.

H/2002/0828/F – Mr K Scullion The Planning Officer advised that two objections had been received in connection with loss of privacy, noise and smell from a septic tank.

The Planning Officer advised that there was a change in house type and that the soak-away ran away from the objector’s property.

H/2002/0795/O – Mr J McMullan The Planning Officer advised that one objection had been received in relation to use of land for dumping and general use of laneway.

Action had been taken on an enforcement case regarding the dumping.

Noted.

Applications where the Opinion is Refusal:

H/2002/0744/F – Mr G McCloskey Deferred. Site meeting to be arranged for Wednesday, 27 November, 2002 at 11.15 a.m. Councillors P E Groogan and Miss K A Lagan to attend.

H/2002/0764/F – Mr V Doyle Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 10.45 a.m. Councillor J A McBride to attend.

H/2002/0871/F – Mr K Convery Deferred. Site meeting to be arranged for Wednesday, 27 November 2002 at 10.30 a.m. Councillor Miss K A Lagan to attend.

H/2002/0526/O – F P McCann Developments Ltd Deferred for one month on the request of Councillor J A McBride.

Councillor J Junkin enquired what the comment “Within Lough Beg CPA” meant.

The Planning Officer advised that CPA meant Controlled Policy Area but there was no case in need.

H/2002/0771/O – Mr D Moore Deferred. Site meeting to be arranged for Tuesday 19 November 2002 at 12.45 p.m. Councillor J A McBride to attend.

H/2002/0777/O – Mr P Devlin Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 12.45 p.m. Councillor J A McBride to attend.

H/2002/0799/O – Mr A Mawhinney Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 10.00 a.m. Councillor P H McErlean to attend.

H/2002/0814/O – Mr P J Connery Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 11.15 a.m. Councillor J A McBride to attend.

H/2002/0825/O – Ms A Fleming Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 12.15 p.m. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0841/O – Representatives of the Late Robert Henry Deferred. Site meeting to be arranged for Wednesday, 20 November 2002 at 10.00 a.m. Councillor T J Catherwood to attend.

H/2002/0846/O – Mr P Watters Deferred. Site meeting to be arranged for Wednesday, 27 November 2002 at 12.15 p.m. Councillor P McLean and the Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0852/O – Mr J Higgins Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 11.45 a.m. Councillor J A McBride to attend.

H/2002/0854/O – Mr T McGuckin Deferred. Site meeting to be arranged for Wednesday 20 November 2002 at 12 noon. Councillors J F Kerr and H E Mullan to attend.

H/2002/0869/O – Mr P O’Kane Deferred. Site meeting to be arranged for Wednesday, 20 November 2002 at 11.00 a.m. Councillor P E Groogan to attend.

H/2002/0878/O – Mr J Gillen Deferred. Site meetings to be arranged for Wednesday, 20 November 2002 at 10.30 a.m. Councillors R A Montgomery and J A McBride to attend.

H/2002/0880/O – Mr E Murphy Deferred. Site meeting to be arranged for Wednesday, 20 November 2002 at 11.30 a.m. Councillor Miss K A Lagan to attend.

H/2002/0887/O – Mr K Crossett Deferred. Site meeting to be arranged for Wednesday, 27 November 2002 at 9.30 a.m. Councillor G C Shiels to attend.

H/2002/0892/O – Mr D Toner Deferred. Site meeting to be arranged for Wednesday, 27 November 2002 at 11.45 a.m. Councillor P E Groogan to attend.

H/2002/0905/O – Mr P McGarry Deferred. Site meeting to be arranged for Tuesday 19 November 2002 at 3.15 p.m. Councillors S O’Brien, J A McBride and the Chairman, Councillor Rev Dr R T Wm McCrea to attend. 19

H/2002/0914/O – Mr F Donnelly Deferred. Site meeting to be arranged for Tuesday, 19 November 2002 at 2.00 p.m. Councillor J A McBride and the Chairman, Councillor Rev Dr R T Wm McCrea to attend

H/2002/0916/O – Mr M Gibson Deferred. Site meeting to be arranged for Wednesday, 27 November 2002 at 10.00 a.m. The Chairman, Councillor Rev Dr R T Wm McCrea to attend.

Applications Deferred from Previous Meeting:

H/1999/0180 – J F McLaughlin & Sons Refusal.

H/2001/0368/F – Mr G Crawford Approval.

H/2001/0611/F – Mr & Mrs O’Kane Approval.

H/2002/0057/O – Mr & Mrs Henry Deferred for an office meeting on the request of Councillor P H McErlean.

H/2002/0109/O – Mr P Mawhinney Councillor J Junkin enquired if additional information had been submitted regarding the access.

Mrs Bryson replied that no further information had been received.

Deferred for one month in order to clarify the situation.

H/2002/0164/O – Mr M Bradley Deferred for one month on the request of Councillor P E Groogan.

H/2002/0184/O – Mr A Quinn Approval.

H/2002/0231/O – Miss T Lynn Refusal.

H/2002/0253/O – Mr E Scullion Refusal.

H/2002/0254/O – Miss I Sinclair Deferred for an office meeting. Councillor J A McBride and the Chairman, Councillor Rev Dr R T Wm McCrea to attend.

H/2002/0313/F – Mr N Kelly Approval.

H/2002/0314/F – Mr N Kelly Approval.

H/2002/0326/O – Mr G Allen Deferred for revised plans to be considered on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

H/2002/0348/O – Mr P McKee Councillor Miss K A Lagan enquired if the ownership of land had been resolved?

The Planning Officer was unsure.

Three weeks to withdraw or refusal issued.

H/2002/0385/F – Mr M Kelly Deferred for one month on the request of Councillor P E Groogan to consider a revised site.

H/2002/0389/O – Mr W Mulholland Three weeks to withdraw or refusal issued.

H/2002/0412/O – Mr P McKenna Deferred for an office meeting on the request of Councillor P E Groogan.

H/2002/0453/O – Mr J McNally Deferred for an office meeting. Councillors Miss K A Lagan and R A Montgomery to attend.

H/2002/0470/O – Miss S Kelly Approval.

H/2002/0472/O – Mr M Mullan Deferred for an office meeting on the request of Councillor P E Groogan, as no office meeting had taken place.

H/2002/0479/O – Mr P Young Deferred for one month on the request of Councillor J A McBride.

H/2002/0482/O – Miss M Clarke Approval.

H/2002/0483/O – Mr S Gordon Approval.

H/2002/0493/F – Mr E Scullion Deferred for one month on the request of Councillor P H McErlean.

H/2002/0512/O – Mr T Diamond Deferred for one month on the request of Councillor O T Hughes.

H/2002/0519/O – Mr G Loughlin Approval.

H/2002/0525/O – Ms C Kilpatrick Approval.

H/2002/0590/O – Mr W Young Approval.

H/2002/0601/O – Mr R Regan Refusal. It was

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

RESOLVED: that the Council give its full support to this application when it proceeded to a Planning Appeal.

H/2002/0605/O and H/2002/0607/O – Mr B McCloskey Deferred for an office meeting on the request of councillor P E Groogan.

H/2002/0611/O – Mr T Robinson Approval.

H/2002/0628/O – Mr & Mrs D Bradley Approval.

H/2002/0647/O – Mr D Boyd Deferred for an office meeting on the request of Councillor T J Catherwood.

H/2002/0627/O – D H Building Contracts Ltd Deferred for an office meeting on the request of Councillor Miss K A Lagan.

H/2002/0671/O – Mr S O’Neill Deferred for an office meeting on the request of Councillor P H McErlean.

H/2002/0695/O – Ms S Watt Approval.

H/2002/0700/O – Mr M Hegarty Deferred for an office meeting on the request of Councillor J A McBride.

H/2002/0705/O – Mr G McSorley Deferred for an office meeting on the request of Councillor P E Groogan.

H/2002/0707/O – Kevin & Sean Convery Deferred for an office meeting on the request of Councillor Miss K A Lagan.

H/2002/0727/O and H/2002/0729/O – Heron Bros Three weeks to withdraw or refusal issued.

H/2002/0731/O – Heron Bros Approval.

H/2002/0732/O – Heron Bros Three weeks to withdraw or refusal issued.

H/2002/0733/O – Heron Bros Deferred for an office meeting on the request of Councillor Miss K A Lagan.

H/2002/0734/O – Mr D Moore Deferred for an office meeting on the request of Councillor J A McBride.

H/2002/0748/O – Mr & Mrs D O’Kane Approval.

H/2002/0753/O – Mr K Simpson Approval.

H/2002/0754/O – Mr P O’Kane Approval.

H/2002/0755/O – Mr P O’Kane Deferred for an office meeting on the request of Councillor Miss K A Lagan.

H/2002/0757/O – Mr D O’Neill Deferred for an office meeting on the request of Councillor J A McBride.

H/2002/0760/O – Mr S McElhone Deferred for an office meeting on the request of Councillor S O’Brien.

H/2002/0762/O – Mr G McElhone Approval.

H/2002/0767/O – Mr J McNally Approval.

H/2002/0797/O – Mr T Scullion Approval.

H/2002/0801/O – Mr K Doherty Deferred for an office meeting on the request of Councillor P E Groogan.

H/2002/0817/O – Mr T Hartley Deferred for an office meeting on the request of the Chairman, Councillor Rev Dr R T Wm McCrea.

Applications Deferred from Previous Meeting and Still Under Consideration

H/2001/0271/F - Mascott Construction Ltd The Planning Officer stated that there were two main issues, stands of access and an incorrect connection of storm water and sewers which could acerbate the situation. Following a meeting with the objectors revised drawings had been submitted.

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor P H McErlean, and

RESOLVED: that if the drawings were acceptable to the Planning Service and overcome problems raised and resolved to the satisfaction of all then approval should be issued without coming back to Council.

10.6 It was

PROPOSED by Councillor G C Shiels, Seconded by Councillor J F Kerr, and

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 12 November 2002, subject to the above conditions and amendments.

The Planning Officers retired from the meeting at 9.00 p.m.

11. PLANNING APPEALS Submitted Bulletins prepared by the Planning Appeals Commission for the month of September 218/11/2002 2002.

11.1 The Chief Executive stated that there were two appeals listed in the September Bulletin -

Application H/2001/0173/O in the name of Mr Thomas Gribben, 18 and 22 Killyberry Road, Bellaghy which the Appeals Commission allowed subject to conditions.

10.2 Application H/2000/0679/A in the name of Mr James O’Brien, 15 Broad Street, Magherafelt for a signboard on the rear elevation of the building and a signboard on the front elevation of the building. The Commission decided to allow the appeal in respect of the signboard on the rear elevation on the building (facing the car park) subject to conditions and to dismiss the appeal in respect of the signboard on the front elevation of the building. This was because the signboard proposed and positioned on this location would not be acceptable in terms of visual amenity.

Noted.

12. ENVIRONMENTAL Submitted report for the month of October HEALTH 2002 (copy circulated to each Member). The DEPARTMENT following matters were taken into special consideration:- 196/11/2002 12.1 Industrial Pollution Control (NI) Order 1997 Mr Burrows advised that applications had been received for authorisation under Article 6 and 11 of the Order.

They were from Mr Anthony Boyle of Boyles Service Station, 1 Magherafelt Road, Castledawson and Mr. James Molloy of Glenshane Tourist Services, 31 Glenshane Road, Maghera to operate their premises in compliance with the requirement to recover petrol vapour in connection with the unloading into storage of petrol from mobile delivery vehicles.

The applications were considered by the Department to be “duly made” and the department was in a position to draft authorisations for these processes that would include conditions under which terms the processes must operate. The appropriate application fees had been received and Mr Burrows recommended that the Council approve the authorisation of these processes.

On consideration it was

PROPOSED by Councillor P E Groogan, Seconded by Councilor J P O’Neill, and

RESOLVED: to approve the authorisation of the process to recover petrol vapour in connection with the unloading into storage of petrol from mobile delivery vans as applied for by Mr Anthony Boyle, Boyles Service Station and Mr James Molloy, Glenshane Tourist Services.

12.2 Public Health (Ireland) Act 1978 Mr Burrows advised that an application had been received from Mr William Montgomery owner/occupier for his dwelling at 6 Beechland Road, Magherafelt to be inspected.

An inspection of the property revealed that the following matters were considered prejudicial to the health of occupants of the dwelling:

1. Penetrating dampness and severe draughts to the dwelling via decayed and warped woodwork to the windows of the living room, landing and left and right front bedrooms.

Mr Burrows recommended that the Council consider issuing a Statutory Abatement Notice on the owner requiring him to carry out the following remedial work within six months:

1. Replace the windows to the living room, landing and left and right front bedrooms.

On consideration it was

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

RESOLVED: that the Council issue a Statutory Abatement Notice on the owner requiring him to carry out the recommended remedial work within six months.

12.3 Food Safety (General Food Hygiene) (Amendment) Regulations (NI) 2001 Mr Burrows advised that these regulations came into force last year, required all butchers’ shops and other premises selling unwrapped raw meat and ready to eat food to the final consumer to be licensed. He said that this was undertaken last September with all premises receiving their licence by 1 October 2001. The licenses issued in October 2001 were valid for one year and therefore, expired on 30 September 2002.

In August 2002 each premises was invited to apply for a renewal of their licence by submitting an application form and £100 licence fee.

Each premises within the District that required a licence was inspected in September to establish if the following licence conditions were met:

- compliance with existing food hygiene legislation - operation of a documented Hazard Analysis and Critical Control Point (HACCP) system - enhanced food hygiene training for staff

Mr Burrows stated that all the premises met the required standard and recommended that butchers’ licences be renewed for the relevant period

On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor P McLean, and

RESOLVED: that butchers’ licences be renewed for the following:

• Meadowlane Meats, Meadowlane Shopping Centre, Magherafelt • J Overend, 6 Main Street, Bellaghy

• P & N Quality Meats, 114 Main Street, Maghera • J C Stewart, 1 Union Road, Magherafelt • Centra, 61 St Patrick’s Street, Draperstown • Clady Quality Meats, 246 Mayogall Road, Clady • R Mawhinney & Son, 2 Main Street, Castledawson • B Shivers, 6 Castle Street, Bellaghy • Meat at Regans, 33 St Patrick’s Street, Draperstown • McKees, 78 Main Street, Maghera • McKees, 26 Main Street, Maghera • Gerry’s Meats, 22 Rainey Street, Magherafelt • Muldoons Costcutters, 27-29 William Street, Bellaghy • DSP Supermarkets Costcutters, 107-111 Main Street, Maghera • McAtamneys Butchers, 50 Main Street, Maghera • T McClenaghan Family Butcher, 20 Market Street, Magherafelt • The Village Butcher, 43 Main Street, Castledawson • Hutton Meats, 5 Meeting Street, Magherafelt • Dunnes Stores, Meadowlane Shopping Centre, Magherafelt.

12.4 The Poisons (Northern Ireland) Order 1976 The Poisons Regulations (Northern Ireland) 1983 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor H E Mullan, and

RESOLVED: that the following persons have their names retained in the Register of Persons entitled to sell poisons:-

1. N McGrath, 17 Moneysharvin Road, Swatragh 2. W J Scott, A Scott & Son Ltd., 2-4 Main Street, Maghera 3. C Dinsmore, Dunnes Stores, Meadowlane Shopping Centre, Magherafelt 4. J Bradley, Mid-Ulster Garden Centre, Station Road, Maghera 5. P Toner, Toner’s Supermarkets, 18 Coleraine Road, Maghera 6. P Toner, Toner’s Supermarkets, 21-23 Main Street, Castledawson

7. P Toner, Toner’s Supermarkets, 8 Market Square, Magherafelt 8. P Toner, Toner’s Supermarkets, 24-28 High Street, Draperstown 9. E McErlean, Teady McErlean Ltd., 39 Glenone Road, Portglenone 10. M R Graham, HH Graham & Son, 17-19 Main Street, Bellaghy 11. R Ferguson, The Pound Shop, 4 Coleraine Road, Maghera 12. R Ferguson, The Pound Shop, 26 Rainey Street, Magherafelt 13. P McKaigue, Noone’s of Maghera, 92 Main Street, Maghera 14. T Quinn, NCCE Ltd., Garvagh Road, Swatragh 15. J McConnell, 49 St Patrick’s Street, Draperstown 16. P Stewart, J C Stewart Ltd., 1 Union Road, Magherafelt 17. J Drennan, 41 Main Street, Tobermore 18. A C Stanley, 8 King Street, Draperstown 19. J E Taylor, 34A High Street, Draperstown

12.5 Northern Ireland Radiation Monitoring Co-ordinating Committee 3 year report 1999-2002 Mr Burrows stated that the report was produced by the Geosciences Unit of Southampton University and was a compilation of radio chemical date for samples submitted from participating authorities at intervals during the contract period April 1999 to March 2002. Samples were taken from the marine, estuarine and terrestrial environment were examined and also a variety of locally produced foodstuffs. Low levels of anthropogenic radio nuclides had been identified in many of the materials examined although none of the levels found was expected to be hazardous to the public. He said that it was really a consumer satisfaction report.

12.6 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

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

13. OPERATIONAL Submitted report by the Director of Operations for SERVICES the month of October 2002 (copy circulated to each Member). 322/11/2002 Development Services:

13.1 Sperrins Recreational Strategy Mr Johnston in referring to his report advised on the problems Sperrins Tourism were experiencing regarding the composition of their Recreational Strategy document and how they felt this could be resolved.

He said that the consultants had to deliver, otherwise they could not be paid.

Noted.

13.2 Halloween Events Mr Johnston reported on the success of both the puppet show at the Bridewell and the fireworks display in Maghera.

Noted.

Leisure Services:

13.3 Greenvale Leisure Centre and Maghera Recreation Centre

Mr. Johnston in referring to his report stated that October had been another good month for Leisure Services with income showing an increase of 6% when compared with the corresponding month last year. The remainder of the report was mainly for information.

Technical Services:

13.4 Vandalism Mr Johnston referred to Page 5 of his report on the usual list of vandalism. He said that it seemed that a lot of the vandalism was repetitive and Castledawson toilets had become a particular target with the ongoing problem of leaving taps running to flood the premises. Push taps that shut-off automatically after a few seconds had been fitted to see if the problem could be resolved.

13.5 Mr Johnston commented on abandoned vehicles, bonfires, new work and general maintenance and bulky refuse collections. 30

13.6 Bus Shelters Mr Johnston reported on developments that took place at a site meeting held on Wednesday 9 October 2002 and in particular the investigations that each organisation agreed to carry out in an effort to develop the proposal. Mr Johnston stated that, to date, no response had been made by any of the relevant organisations, with the exception of Councillor Miss Lagan. She advised that public opposition to a bus shelter on this site was strong as was first feared. He proposed to contact all the parties concerned with the project and bring a further report back to Council.

Noted.

13.7 Tobermore Golf Driving Range Ponds Mr Johnston referred to a letter from Mrs Mary McKee on behalf of Moyola Angling Association (Appendix 1 to the report), requesting the Council to pay its own legal fees for work that the Council’s legal adviser undertook in the preparation of a lease, whereby Moyola Angling Association could use and develop the ponds at Tobermore Golf Driving Range, as a fishing facility. The Council’s legal fees were £755 plus VAT, which had been paid by Moyola Angling Association. Mr Johnston pointed out that it was Moyola Angling Association that had asked for the lease. In fact they had asked for a twenty-five year lease to allow them to apply for funding. This meant that the Council’s original lease with the landowner had to be extended to cover the period. All of this work had resulted in the legal costs charged by the solicitor. Mr Johnston stated that there was also a second factor to be considered. This was another request of a similar nature from The Little Wombles Play Group who had requested the use of the top floor of Draperstown Library for a play group. They were also asking the Council to pay legal fees regarding the drawing up of this lease.

Mr Johnston said that he believed it was appropriate for the organisation that instigated proposals for their benefit to pay the Council’s legal costs. He sought the Council’s comments.

The Chief Executive pointed out that if the Council were to agree to the requests it would be setting a dangerous precedent for other groups, especially those indulging in commercial activities.

The Chairman, Councillor Rev Dr R T Wm McCrea stated that the Council had to show equity of treatment to all groups and organisations.

On consideration it was agreed that whilst the Council was sympathetic it could not accede to such requests for payment of legal fees for organisations that instigated proposals for their benefit.

13.8 Winter Maintenance of Roads/Footpaths Mr Johnston reported on a draft agreement submitted by the Department of Regional Development seeking the Council’s assistance with salting and cleaning snow off footpaths during inclement weather (Appendix 2 to the report). Mr Johnston advised that the agreement was similar to the one received last year and that it had been rejected as being inadequate by the Council’s legal adviser because it did not offer sufficient protection to the Council regarding insurance claims, health and safety, etc. He advised that this agreement was on the Agenda for discussion at a TAG meeting later in the week. Mr Johnston recommended that a decision on the agreement be deferred until the views of other Councils were received, and that a legal opinion be sought on this matter.

On consideration it was

PROPSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: that a legal opinion be sought from the Council’s solicitor on the draft agreement received from the Department of Regional Development seeking the Council’s assistance for the salting and clearing of snow from footpaths during inclement weather.

13.9 Blue and Brown Bin Recycling Scheme Mr Johnston stated that as agreed by Council the first collection of the blue recycling bins took place on Monday 28 October 2002. He advised that the initial results were excellent. In total 35 tonnes of dry recyclables were collected from refuse collection route 1, that is, the Magherafelt/Maghera/Draperstown areas, and delivered to Glassdon Waste for recycling.

He advised that less than 1% of the bins inspected were rejected and mostly because the householder had placed the recyclable material in plastic bags and then in the bin. The plastic bags did contaminate the bin and if emptied would have contaminated the load. Mr Johnston suggested that the high figures might not be sustained after the initial empty of the blue bin.

The introduction of the new brown bin leaflets has also improved the quality of the material in the brown bins, however, the level of contamination and the number of rejected brown bins was significantly higher that the blue bins, at around 5%. Despite this they has still managed to collect almost 20 tonnes of organic waste for composting.

Mr Johnston suggested that these recycling initiatives had been more successful than was expected and he had to say that this was due mainly to the willingness of the public to co-operate and separate the waste. He hoped that the trend would continue but advised that the inspection of all bins prior to their collection would continue until it was felt that all householders had learned to separate their waste correctly.

Mr Johnston also advised that the delivery of blue bins to householders in route 2, that is, Castledawson/Bellaghy/Clady, etc. was almost complete. Their first collection was scheduled for Monday 2 December 2002. He also advised that the first collection of the Route 3,blue bins was scheduled for Monday 17 February ,2002.

Noted.

13.10 Yellow Pages Recycling Mr Johnston referred to his report on the Yellow Pages Recycling Competition and the fact that it would be in a new format this year and called “The Yellow Woods Challenge”. Prizes would be offered to the top three schools in Northern Ireland, with the corresponding amount of money being given to the Woodlands Trust. There was also an opportunity for schools to compete in the UK finals, for prize money of £2,000.

Mr Johnston advised that an application would be submitted for financial support to the Directory Recycling Scheme but he suggested that despite the Yellow Wood Challenge proposals the Council should continue with its own school recycling competition, even if grant-aid for this was not forthcoming. Even without financial support from the Directory Recycling Scheme the approximate costs for the Council to run this scheme would be only £1,000.

On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor P McLean, and

RESOLVED: that the Council continue to organise its own schools recycling competition as outlined in the report, even if grant-aid was not forthcoming from the Yellow Wood Challenge.

13.11 It was

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

RESOLVED: that the report as submitted be adopted.

13.12 Mr Johnston requested permission to raise one additional item concerning a request from the Multiple Sclerosis Society in Northern Ireland and this was agreed to.

13.13 Mr Johnston stated that next year the Society would celebrate its 50 th Anniversary and they were asking all District Councils to mark this event by laying out a flowerbed in similar fashion to the one laid out last year for Action MS on the Moneymore Road, Magherafelt. He pointed out that Action MS was a different organisation to the MS Society in Northern Ireland. Mr Johnston recommended that the Council mark the event in a similar way to Action MS.

On consideration it was

PROPOSED by the Chairman, Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P E Groogan, and

RESOLVED: that the Council mark the 50 th Anniversary of the Multiple Sclerosis Society in Northern Ireland by laying out a flowerbed on the Moneymore Road, Magherafelt in a similar fashion to Action MS in 2001.

13.4 Reference was made to a petition received from traders of Station Road Industrial Estate at the last meeting concerning the presence of members of the travelling community at the estate and suggesting that trees be planted at regular intervals along the pavement of the estate to prevent them access in future. A copy of the petition had been handed to the Divisional Roads Manager. The matter had, however, been referred back to the Council.

Councillor R A Montgomery said that the Department should plant trees or put up barriers at their own sites. The Station Road site was their property. He suggested that trees would be vandalised and perhaps large stones should be used to prevent caravans entering the area.

The Chairman suggested that it was because the request was for trees, that the Council were being asked to contribute. He suggested bollards and a fence would be more appropriate.

Councillor J A McBride stated that the problem with the travelling people was re-occurring.

Mr Johnston advised that in his opinion the problem was the remit of the landowner, in this case the Department. They had already erected barriers at a number of their picnic sites to prevent access to caravans and therefore they were responsible for any actions that would take place at their site, not the Council.

It was

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

RESOLVED: that the officers talk to DRD staff and local residents to investigate the matter further.

14. WASTE MANAGEMENT Submitted enhancements made to the North West PLAN Group’s Waste Management’s plan (copy circulated to each Member). 244/11/2002 Mr Johnston advised that on this occasion only the enhancements had been submitted to Council (Appendix 1 to the report) and not the full text of the Plan. He stated that the rest of the Plan was unaltered.

Mr Johnston advised that these enhancements had been central to the Department’s determination that the plans now met the requirements of the Waste and Contaminated Land Order and that the plans were fully compliant with the EU Waste Framework and other relevant Directives.

Mr Johnston took the opportunity to comment briefly on the main items which had been subject to change. He said that it seemed that the enhancements had been drafted to provide a consistent UK response to the EU infraction proceedings, where fines to the order of £400,000 per day had been considered.

The main enhancements were as follows:-

Monitoring and Review Mr Johnston advised that this aspect of the Plan had been strengthened to demonstrate to the EC, in the light of infraction proceedings, that both local and central government was proactive in monitoring progress on the implementation of Plans, and that corrective action would be taken should performance levels not meet expected targets.

Siting of Waste Management Facilities Mr Johnston advised that this was a requirement in the EU Waste Framework Directive. It seemed that the role of local authorities in the siting of waste facilities in the UK was different from other EU Member States.

The “model” adopted in these enhancements was therefore based on a formula that had been developed for the UK.

Landfill Directive Mr Johnston stated that it seemed the Landfill Directive had been adopted by the EU, but had not been translated as yet into legislation by the UK government. Despite this it appeared that the EC would not differentiate between local and central government in terms of failure to implement the Directive, and therefore, sections of the text had to be strengthened, in terms of actions, to address some of the Directive requirements.

Packaging Waste Mr Johnston suggested that it seemed that given the UK’s failure to meet the Directive Targets to date, this Chapter had to be expanded to include a review of performance and comparison of compliance schemes across the EU, and the identification of barriers to increased levels of packaging waste recycling and recovery in Northern Ireland, and specific actions, including the establishment of a Working Group, that could lead to improved performance.

Hazardous Waste Mr Johnston said that whilst recognising the Councils had only a very limited role to play in terms of ensuring the provision of hazardous waste facilities, again this Chapter had had to be strengthened to address both the impact of the Landfill Directive, with the classification of landfills as inert, non- hazardous and hazardous, and to identify a potential mechanism, namely a Working Group, to plan for the range and type of facilities necessary to ensure that hazardous wastes could be managed in a proper and safe manner in the longer term.

Mr Johnston in summary stated that in his letter of Tuesday, 12 November 2002 he had asked the Members to accept that having already been issued with the original draft plan , that was approved by the Council in June 2002 these enhancements and modifications meant that the Members had in their possession a full copy of the final plan. He said that he could, if required, issue Members with a full text of the plan but in today’s world of recycling, etc. he believed that it was unnecessary as it was only the enhancements that had changed.

If the Council could accept this statement, he would recommend that the Council adopt this final North West Plan as the Council’s Waste Management Plan and authorise him to advise the Department accordingly.

On consideration it was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor P E Groogan, and

RESOLVED: that the Council adopt the draft North West Group’s Waste Management Plan, as modified by the enhancements as this Council’s Waste Management Plan, and authorise Mr Johnston to advise the Department accordingly.

15. GENERAL PURPOSE The Chief Executive apologised to Members for AND FINANCE Minutes of the General Purpose and Finance COMMITTEE Committee not being circulated due to photocopier break-downs. He said that the Minutes would be 628/11/2002 circulated for the next meeting of the Council in December.

Noted.

16. RECREATION AND The Chief Executive apologised again for the TOURIST COMMITTEE Minutes of the Recreation and Tourist Committee not being circulated due to photocopier break- 537/11/2002 downs. He promised that the Minutes would be circulated for the next meeting of the Council in December.

Noted.

17. BEST VALUE Submitted letters of reply from:

773/11/2002 1. NILGA (Northern Ireland Local Government Association) (copy circulated to each Member); and 2. The Chief Executive’s Department, Belfast City Council (copy circulated to each Member)

in connection with the Local Government Auditor’s involvement in the Best Value process.

Noted.

18. MID ULSTER 18.1 It was HOSPITAL PROPOSED by Councillor R A Montgomery, 625/11/2002 Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Minutes of a Joint Meeting of Cookstown and Magherafelt District Councils held on Wednesday, 30 October 2002 (copy circulated to each Member) subject to the following amendments:

That Councillor S O’Brien’s name be added to the list of Councillors present from Magherafelt and that the Chairman, Councillor Rev Dr R T Wm McCrea’s name be added to the list of apologies, be taken as read and signed as correct.

18.2 Matters Arising: Councillor R A Montgomery referred to an issue raised by Councillor Mary Baker of Cookstown District Council regarding the introduction by Homefirst of domiciliary meals, chilled meals for home-helps to heat for the elderly. Time spent on cooking for the elderly would be greatly reduced by the Homefirst Board. Unlike the Causeway Board pre-packed chilled foods were being introduced which could be quickly heated-up in a microwave or conventional oven. He suggested that the Council write to Homefirst expressing the Council’s concerns.

Councillor Miss K A Lagan suggested that whilst the elderly required social exchanges during the day, home-helps were not necessarily good cooks. The pre-packed chilled foods were nutritionally balanced.

Councillor Montgomery stated that the chilled food would be delivered to the elderly with up to five days supply at a time.

The Chairman commented that he personally would not eat food chilled for five days. It meant more to an old person to have someone going into their home as they were often lonely. He claimed that Homefirst was removing this contact service from the elderly in the community and creating a far worse problem of food not being reheated properly. He objected to the half-hour in the middle of the day being reduced for the elderly in order to save money and asked what better service could be given to them, than the preparation of a hot meal.

Councillor J F Kerr said that this was just a money saving device and he objected to it.

Councillor Miss K A Lagan stated that two issues were being confused namely the question of caring for old people and cooking in the home, the issue of social contact and the provision of two meals per day.

Councillor J Junkin said that a further issue would arise, the question of bulk-buying from the cheapest source and the need for the product being quality assured in this country.

Councillor P McLean also strongly objected to the scheme and agreed that a conventional hot meal in the day was necessary for the elderly.

Councillor Miss Lagan said that far more support was required for the elderly in the community. She spoke of the need for drivers for the transport scheme. She also spoke of housewives subsidising their house- keeping as they would miss the income because of the reduction in home-help hours. She called for a reassessment of home-help hours as a result of this cost-saving exercise.

It was agreed that the Chief Executive write to Homefirst Trust expressing the Council’s concerns to the introduction of domiciliary meals for the elderly.

The Chairman adjourned the meeting for a five minutes comforts break at 9.45 p.m.

The meeting reconvened at 9.50 p.m.

19. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of November 2002 (copy circulated to each Member). 11/2002 19.1 The schedule provided for £574,684.40 out of the Revenue Account and £132,209.50 out of the Capital Account.

19.2 It was

PROPOSED by Councillor J A McBride, Seconded by Councillor P McLean, and

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

20. FINANCIAL 20.1 Emergency Medical Care: CONTRIBUTIONS Submitted letter from Emergency Medical Care seeking funding to continue its work within the 56/11/2002 Magherafelt District (copy circulated to each Member).

The Chairman stated that a patient in the Royal Victoria Hospital had been advised to contact the Emergency Medical Care when a wheelchair was required as there was no provision within the Health Service.

Councillor R A Montgomery said that Homefirst should provide wheelchairs but it could take some time.

Councillor P McLean felt that Homefirst should have contacted Emergency Medical Care.

On consideration it was

PROPOSED by Councillor P McLean, Seconded by Councillor Miss K A Lagan, and

RESOLVED: to make a contribution of £1,000 as their services were used to provide additional first-aid cover at sporting events and on festive occasions within the District.

278/11/2002 20.2 Magherafelt Ploughing Society: Submitted letter from the Secretary seeking financial support for the Society’s forthcoming Annual Ploughing Match (copy circulated to each Member).

On consideration it was

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

RESOLVED: that a contribution of £200 be made to the Society.

21. ECONOMIC Submitted requests for Economic Development DEVELOPMENT contributions (copies circulated to each Member).

47/11/2002 21.1 Career Support Programme: The Chief Executive advised that Magherafelt had nine post-primary schools including the new integrated school, over 800 students each year had to make far reaching career choices at the age of 16. Many were going on to do AS and A Levels and then non-specific degree courses. Many found that they were no better prepared for work than they were at 16 years. Many ended up in administrative jobs that they could have secured at 17-18 years if they had made the right choice.

The aims of the programme was to better prepare young people for the world of work; promote new vocational career paths which incorporated work based learning and accreditation; and assist teachers combat lack of motivation and underachievement in teenage boys.

Magherafelt Area Business Education Partnership proposed to employ a Project Officer on an initial two year contract in co-operation with Limavady Borough Council on a programme of work which would entail – Project One – Career Role Models; Project Two – Quality Work Placements; Project Three – Young Enterprise/Mini Companies; Project Four – Science and Technology Workshops.

The Economic Development Sub-group recommended a grant of £20,000 for the first year because the Council had not been involved in this sector before.

Councillor R A Montgomery claimed that many of the Schools were catering for students who lived outside the Council area.

The Chief Executive felt that the Education and Library Board should be involved.

Councillor Miss K A Lagan stated that this was an area of education that had fallen-down badly.

Councillor P McLean agreed that the need was there but wondered if the right bodies were involved. Education was not a brief of the Council. He requested that officers research the situation and bring back a report to Council.

Councillor J Junkin felt that the Council should help and assist in the project but that the Education and Library Board should drive the programme as it was an aspect of its work and that the Council should do its part in partnership with others. He suggested that exhibitions, career’s conventions and advice should be provided for students of the local schools.

Councillor J A McBride suggested that an exhibition should be held in the Council area and provision made for training and education for the youth of the area.

Councillor J F Kerr felt that the project was a good idea but there were other bodies and organisations that should be involved in careers. This he felt this was not an area where the Council’s should stray as it was outside the Council’s field of expertise. The Council should be careful not to carry the expenditure, particularly for students from outside the area.

Careers Departments in the schools should be pioneers of the scheme and perhaps the Council could help support it.

The Chairman, Councillor Rev Dr R T Wm. McCrea asked if the Council was just a soft touch for £400,000.

The Chief Executive suggested that he would talk to Mr Chris McCarney from Magherafelt Area Partnership the possibility of developing the project through careers teachers in the local post primary schools regarding the suggestions raised by Councillor Junkin and Councillor J A McBride.

Members agreed that the Chief Executive should talk to Mr McCarney on these matters before making any decision on funding.

108A/11/2002 21.2 Implementation of Community Plan: The Chief Executive explained that the Community Plan adopted by the community, Council and statutory sector in The Elk in January 2001 was now the foundation for all economic and community development in the District. Using the Community Plan, MAP had drawn-up and won allocations from the Leader Plus Programme, £1.09 million and Peace II Programme £1.159 million.

However, there were key areas of the Community Plan where no resources were allocated for implementation. One of these areas was the development of key infrastructure for business development and growth.

The proposal was for 105 days of the Strategy Manager’s time and £7,000 technical assistance budget to carry out proposed assignments, listed in the report.

The cost to the Council would be £14,904.

Members stated that approval had already been given to this project and sought clarification of the matter.

21. CONFERENCES Consideration was given to the nomination of AND COURSES delegates to attend the Department of Transports invitation to attend a key issues workshop on Air 268/11/2002 Services in Northern Ireland to be held on Thursday, 14 November 2002, W5, The Odyssey, Belfast (copy circulated to each Member)

On consideration it was agreed to note the contents of the letter of invitation and that no delegates attend the workshop.

22. CONSULTATION Submitted the following consultation documents: DOCUMENTS 22.1 Consultation Paper on Limiting Landfill to 195/11/2002 meet the EC Landfill Directive’s targets for reducing the landfill of biodegradable municipal waste and seeking comments by 15 January 2003 (copy circulated to each Member).

22.2 Consultation Paper prepared by the Department of the Environment on Possible Producer Responsibility Model for Used Tyres seeking comments by 22 January 2003, (copy circulated to each Member).

22.3 Draft Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2003 seeking comments by 17 January 2003, (copy circulated to each Member).

22.4 Consultation Paper “Mandatory Display of MOT Disc” prepared by the Driver & Vehicle Testing Agency seeking comments by 24 January 2003 (copy circulated to each Member).

22.5 Draft Planning Policy Statement 12 – Housing in Settlements and accompanying Equality Impact Assessment seeking responses by 3 February 2003 (copy circulated to each Member).

22.6 Proposals Documents – Review of Consignia plc’s Price and Service Quality Regulation: Proposals for a Second Price Control and Technical Annexes seeking comments by 2 December 2002 (copy circulated to each Member).

22.7 It was agreed that if any Member or party grouping wished to make comments on any of these documents they should forward them to the Chief Executive who would then arrange to have them sent on to the appropriate body.

23. APPOINTMENTS TO THE Submitted letter from the Department of Culture BOARD OF THE SPORTS Arts and Leisure seeking to appoint a Vice- COUNCIL FOR Chairman and Members to the Board of the Sports NORTHERN IRELAND Council due to be reconstituted on 1 April 2003 seeking a nomination of anyone suitable before 208/11/2002 29 November 2002 (copy of letter and circulated to each Member).

On consideration it was agreed that names should be submitted to the Chief Executive as soon as possible, and nominations were open to names from the community.

24. NOTICE OF MOTION In accordance with the Notice of Motion in the names of Councillors J A McBride, Miss K A 212/11/2002 Lagan and P H McErlean, Councillor J A McBride proposed:

“Magherafelt District Council resolves to establish an all-party ad hoc working group of the Council:

1. to consider the establishment of a Local Forum to enable local citizens and interests to discuss the regeneration of the army base

2. to consider how such a Forum may be structured 3. to consider the terms of reference of such a Forum 4. to consider how such a Forum might agree proposals for the regeneration of the army base, and convey those proposals to the Office of the First Minister and Deputy First Minister 5. and to make recommendations to the Council.”

Councillor J A McBride said that this was an opportunity for a reinvest and reform initiative. The bases had been handed over to the Officer of the First Minister and Deputy First Minister. The Magherafelt base consisted of some six acres and provided significant resources for the town and the Magherafelt District. He said that the Planners should integrate this property into the draft Area Plan. This was also an opportunity for people power to air their views.

The Chairman, Councillor Rev Dr R T Wm McCrea said that the reality was that the motion was factually wrong. The Assembly’s Office of the First and Deputy First Minister had tried to take over the responsibility of establishing a partnership to oversee the development of such bases, but the Assembly had voted against the idea and there was no knowing if it was going ahead. The current position was that the Secretary of State controlled the sale of these bases. The Council had no control, the Forum could advise the Department, but it was necessary for the Council to know what the Forum was being set up for.

Councillor Miss K A Lagan spoke of the overall vision of this property being handed over.

The Chairman said that it could not be the purpose of the Forum. He said that there had been confusion and the Executive would be able to borrow on the strength of it.

The Chief Executive advised that the Council to make a recommendation to the Secretary of State as to the Army Base’s future use, but could not proceed any further.

Councillor Miss Lagan stated that the Council had already the bases of an ad-hoc committee in that they had the Area Plan sub Committee.

Councillor J F Kerr agreed with the overall content of the proposal but referred to item 19(b) – Economic Development when it was already accepted that proposals be drawn-up for the future of the base by Magherafelt Area Partnership.

The Chairman reminded the Council that any MAP proposals came back to Council.

Councillor Miss Lagan stated that the Partnership was part of the Forum.

Councillor J Junkin suggested that items 1-5 be left out and the motion amended to state: investigate future development of the army base.

Accordingly it was

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

RESOLVED: That the motion be amended to read “Magherafelt District Council resolves to establish an all-party ad hoc working group of the Council to investigate future development of the army base.

25. ROADS SERVICE Submitted the following for consideration:-

279/11/2002 (a) Letter from the Chief Executive informing the Council of the outcome of a review of the criteria of rural street lighting and the full text of the revised criteria (copy circulated to each Member).

Noted. (b) Revised map and schedule detailing the proposed 20 mph speed limit at Meetinghouse Avenue, Maghera (copy circulated to each Member).

Noted.

(c) Copy of Statutory Notice, draft Order and related map in connection with Desertmartin Road, Tobermore (Abandonment) Order (Northern Ireland) 2002 (copy circulated to each Member).

Noted.

(d) Copy of Statutory Notice, draft Order and related map in connection with Main Street, Culnady (Abandonment) Order (Northern Ireland) 2002 (copy circulated to each Member).

Noted.

26. UPGRADING OF THE Re-submitted letter from Derry City Council N2/A5 AND A6 advising that senior representatives from Donegal County Council and Derry City Council had 917/11/2002 recently held a meeting regarding infrastructure and in particular, the N2/A5 and the A6 which were seen as the two key transportation links to the population of the North West.

The letter intimated that discussion took place on the Regional Development Strategy for Northern Ireland and the draft discussions and proposals being developed for National Spatial Strategy in the Republic of Ireland.

Both Councils had agreed to seek a delegation to meet the First and Deputy First Minister and the appropriate Minister for Regional Development put forward the North West of Ireland sub-region’s case and a similar delegation to the Taoiseach and the two appropriate Ministers.

Both Councils were seeking the support of the Council on the deputation to Belfast regarding the A6 and invited the Chairman and the Chief Executive to join the delegation.

On consideration it was agreed to defer any decision for one month.

27. WATER SERVICE Submitted letters and copies of applications made by:

280A/11/2002 27.1 F P McCann (Developments) Ltd for consent to discharge effluent to a waterway under the Water Order (NI) 1999 from Crewe Road, Maghera, seeking the Council’s comments (copy circulated to each Member).

27.2 V & P Doyle for consent to discharge effluent to a waterway under the above Act from premises adjacent to 20 Gracefield Road, Magherafelt, seeking the Council’s comments (copy circulated to each Member).

On consideration it was agreed to make no comments and note the contents of the applications.

28. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J A McBride, and

RESOLVED: that the Council proceed “In Committee”

Council “In Committee”

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

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

30. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor T J Catherwood Seconded by Councillor J A McBride, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J A McBride, and

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

31. SEALING OF There were no items to be sealed. DOCUMENTS

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

(a) Minutes of Meeting of the North-Eastern Education and Library Board.

(b) Minutes of Meeting of the Northern Health and Social Services Council held on Wednesday, 4 September 2002. (c) Report from the Board of the Northern Ireland Housing Executive held on Wednesday 25 September 2002. (d) Copy of “postwatch northern Ireland briefing” (copy circulated to each Member). (e) Report on Responses to Consultation – Review of Post-Primary Education. (f) Copy of “Get Connected” (connecting to the Public Water Supply or Sewerage System) leaflet (copy circulated to each Member). (g) Copy of booklet summarising the background details to the Ulster Farmers’ Union CARE campaign, A Campaign Against a Rural Exodus (copy circulated to each Member). (h) Copy of the Local Government Staff Commission for Northern Ireland – “LGSC News” – Issue 4 (copy circulated to each Member). (i) Copy of report on a Department of Social Development conference held on 10 December 2001 “How can we effectively address the challenge of weak community infrastructure in Northern Ireland”. (j) Copy of report “Managing the Water Environment in Northern Ireland 2002” prepared by the Environment and Heritage Service.

(k) Corporate Reports and Business Plans:

1. Rivers Agency – Corporate Plan 2002/07 and Business Plan 2002/03 2. Roads Service – Corporate Plan 2002- 2005 and Business Plan 2002-03.

(l) Annual Reports:

1. The Local Government Staff Commission for Northern Ireland 2001/02 2. Northern Health and Social Services Board 2001/2002 3. Northern Ireland Museums Council 2001/2002 4. The Northern Ireland Land, Property and Construction Directory 2002/03 5. Rent Officer Service (NI) 2001/02 6. Northern Ireland Policing Board 2001/02

7. Postwatch 2001-2002 8. The Probation Board for Northern Ireland 2001/2002.

The meeting concluded at 11.30 p.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)