MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 17 January 2006. The meeting commenced at 7.00 pm.

Presiding J F Kerr

Other Members Present P McLean (joined the meeting at 7.03 pm) P J Bateson (joined the meeting at 7.10 pm) J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Miss K A Lagan Rev Dr R T Wm McCrea (joined the meeting at 7.45 pm) Mrs K A McEldowney J J McPeake I P Milne (joined the meeting at 7.01pm) J P O’Neill G C Shiels

Officers Present J A McLaughlin, (Chief Executive) J J Tohill (Director of Finance and Administration) C W Burrows (Director of Environmental Health) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance Mrs D McShane – Planning Officer, DoE Planning Service

Mr Wm Duddy – Director of Customer Services, DRD Water Service Mr J Lyttle – Area Manager Networks North West, DRD Water Service Mr C Crozier – Public Private Partnerships Directorate, DRD Water Service

Mr R Hamilton – Principal Planning Technical Officer, DRD Roads Service Mr D McFarlane – Section Engineer, DRD Roads Service Mr H Gallagher – Senior Planning Technical Officer, DRD Roads Service

1 MINUTES

Submitted Minutes of Meeting as follows:

1.1 It was

PROPOSED by Councillor J Campbell Seconded by Councillor J Crawford, and

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 13 December 2005 (copy circulated to each Member) be taken as read and signed as correct.

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2 MATTERS ARISING OUT OF THE MINUTES

The Chief Executive stated that there were no matters as such arising out of the Minutes.

2.1 Submitted letter for Members’ information, from the North Eastern Education and Library Board dated 14 December 2005 advising that there would be a reduction in the opening hours of all small branches of the Library Service within the Board’s area. From 1 April 2006 Library would be open for 18 hours per week in order to facilitate longer opening hours in Magherafelt Library. This would be in line with the aim set out in the Strategic Review document.

Noted.

Councillor I P Milne joined the meeting at 7.01 pm.

2.2 Submitted letter from the Private Secretary to Lord Rooker dated 11 January 2006 apologising for the delay in responding to the issues raised at the meeting with the Minister held on 20 September 2005. The Chief Executive pointed out that two issues had been dealt with. The first issue was planning applications for F P McCann. The letter intimated that such applications required applicants and agents to address all the environmental impacts that may cause concern particularly in environmentally sensitive areas such as was the case with F P McCann’s applications. The Minister hoped that the Council could accept that the Planning Service could not ignore such issues and if they were not dealt with by the applicant in a timely way, decisions would be delayed. This had been conveyed to F P McCann and their agents on several occasions.

2.2.1 The second issue regarded the issue of the Housing Growth Indicators. Members were asked to note that a public hearing had been scheduled for February 2006. A report on the conclusions of the Panel conducting the Public Examination was due within six weeks of the close of the Public Examination. The Department for Regional Development expected to announce the final revised figures shortly afterwards.

Noted.

2.3 Councillor G C Shiels referred to Page 40 – Item 17.15 of the Minutes regarding Football Club and enquired if the door was not fully closed on Desertmartin.

Councillor P McLean joined the meeting at 7.03 pm.

Councillor Shiels referred to the purchase of ground for a sports hall at Draperstown by the Council some years ago and asked the Chief Executive why it had been purchased.

In reply, the Chief Executive stated that local people would say that it had been purchased for recreational use, but the Council’s legal adviser would advise that this was not the case as the purchase price had been the open market price and not a price reflecting an intention by either party that the land was used for recreational purposes.

Councillor Miss K A Lagan interjected stating that Father Deery had said that it was sold for use as a Community Hall.

The Chief Executive continued by stating that the legal view was that it had not been bought for recreational purposes.

Councillor Shiels further enquired if the ground would be sold for a sports hall.

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The Chief Executive stated that there was no agreement to that effect but he suggested that it could be leased as a site for a sports hall.

Councillors Shiels then suggested that if the door was not fully closed to Desertmartin’s proposal could the Council not do something of a similar nature for a neighbouring village as had been done in Draperstown.

The Chairman ruled that the door had been closed on the proposal raised at the previous meeting but stated that this did not mean that it was closed on future suggestions.

Councillor P McLean advised that in his consultations with Desertmartin Football Club, Norman Caskey, a member of the Club had asked for a meeting to be set up with the Chief Executive of the Council.

Councillor P J Bateson joined the meeting at 7.10 pm.

Councillor O T Hughes requested the Chief Executive to clarify the situation regarding the decision taken at the previous meeting.

The Chief Executive advised the Members that there was no reason why any decision taken by the Council could not be rescinded within six months of the original decision provided that the motion to rescind the original decision was submitted in writing to the Chief Executive at least ten days before the Council meeting at which it was to be discussed and the motion was signed by at lease five Members of the Council.

Councillor J J McPeake suggested that if Desertmartin Football Club were in a position to suggest something significant then the matter could be revisited.

Councillor McLean emphasised that there had to be fairness exercised throughout the District and this did not appear to be the case at present.

Several Members disagreed with Councillor McLean’s comments.

Councillor Hughes pointed out that the Council had been furnished quite recently with a report of all the recreational facilities provided by the Council in the area. He suggested that the report would indicate a different picture from Councillor McLean’s comments.

3. SUSPENSION OF STANDING ORDERS

3.1 It was

PROPOSED by Councillor J J McPeake Seconded by Councillor I P Milne

That Standing Orders be suspended in in order to bring forward an emergency resolution requesting support for NILGA in their protests against reductions in funding by the Government towards waste management projects within local government.

This was unanimously agreed to.

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4 EMERGENCY RESOLUTION – GOVERNMENT REDUCTIONS IN FUNDING

4.1 Councillor P E Groogan proposed:

“That this Council condemns outright last weeks government announcement of further reductions of funding towards waste management projects within district councils, and that we fully support NILGA in their proposed public protests against these and the many other recent financial cuts.”

The motion was seconded by Councillor J J McPeake

4.2 Councillor Groogan said that not only was the general public facing a huge 19% increase in the regional rate set by Government Ministers but also these further government cuts would result in hefty rates increases just to maintain continuation of service delivery to the ratepayers.

He said that in addition to the recently announced £3 million cut in waste management funding from an original budget of £10 million, a change of government policy resulting in the remaining funding being ring-fenced for capital projects only, meant that Councils were unable to access almost £5 million of the remaining grant. It was scandalous in the extreme that the funding that had been provided to Councils in the past five years for waste management schemes was now being reduced drastically. Especially, coming at a time when Councils were struggling to achieve the huge reduction in landfill targets imposed by Europe. The situation was dire. Central Government had failed so dismally to provide leadership on waste management. It had not planned adequately for a strategic funding initiative to provide District Councils with the proper infrastructure necessary to meet the imminent EU targets.

4.3 The Chief Executive referred to an email from NILGA (circulated to each Member) requesting that each Council back the public protest which would take place on 26 January 2006 at 12.30 pm at Stormont, Belfast.

4.4 On a vote being taken, 10 Members voted for the motion, 0 Members voted against, 5 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

5 RESUMPTION UNDER STANDING ORDERS

It was

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

RESOLVED: that the Council resume under Standing Orders.

6 CONGRATULATIONS 260/1/2006

6.1 Councillor Miss K A Lagan requested that a message of Congratulations be sent to Day Centre on achieving the position of Runners-up in the Special Pool Competition.

6.2 Councillor P McLean requested that a message of Congratulations be sent to Gary and Paul Jordan from Magherafelt who had been honoured at the Motor Cycle Union of Ireland Annual Awards.

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6.3 Members agreed to both requests.

7 SYMPATHY 260/1/2006

7.1 Councillor O T Hughes referred to the recent death of ex-Councillor R A Montgomery’s father, Mr Alex Montgomery and to Ms Patricia Shaw, on the death of her father, Mr Frank Shaw and extended sympathy to them and their families.

7.2 Members agreed.

8 SPECIAL MEETING – RATES ESTIMATES

8.1 It was resolved that a Special Meeting of the Council be held on Tuesday 7 February 2006 at 7.30 pm to discuss the Rates Estimates and other pertinent matters.

8.2 Councillor P McLean, referring to previous discussions in relation to the problems that the Building Control Department were encountering with Agents, requested that the Chief Executive convene a meeting between himself, the Director of Building Control and the Council’s two representatives on the North Eastern Group Building Control Committee to discuss the Group Committee’s recent letter to the Council on the matter.

The Chief Executive agreed to this request.

9 DRD WATER SERVICE – PRESENTATION 180/1/2006

9.1 Mr W Duddy in addressing the Council stated that Water Service had announced plans to start projects worth £18.1 million in the Magherafelt area over the next two years, in addition to schemes with a value of £11.4 million, which were currently under construction. Work estimated to cost £11.7 million to upgrade Moyola Water Treatment Works was due to commence in April 2006. He explained that this was part of Water Service’s Alpha Public Private Partnership Project to upgrade identified Water Treatment Works across Northern Ireland at a total estimated capital cost of £154 million.

Mr Duddy referred to the Minister for Regional Development, Shaun Woodward’s recent statement in which he said that significant investment was required to upgrade water and wastewater infrastructure in Northern Ireland to protect public health, ensure cleaner beaches, safeguard the environment and respond to increasing demand. £1.1 billion had been made available to upgrade water and sewerage infrastructure in the five years period up to 2007/2008 making major inroads into improving the service. Water Reform needed to be able to continue to make the necessary investment and water and sewerage charges would allow this sustained investment without taking money from other priority services.

Mr Duddy detailed the Capital Works Programme 2006-2008 to Members (copy circulated to each Member).

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9.2 Members’ Questions:

The Chairman, Councillor J F Kerr welcomed the investment into the area but stated that he was opposed to it being funded by double water charges and Public Private Partnerships which he personally felt really amounted to the privatisation of the Water Service.

Councillor J Crawford referred to raw sewerage overflowing into the Mullagh River at Mullagh Park, Maghera and trusted that money spent at Mullagh Pumping Station by Water Service would eliminate the possibility of this happening again. He suggested that if a farmer allowed something similar to happen with effluent he would be taken to Court.

In reply Mr Duddy advised that in future Northern Ireland Water Limited would be subject to the same potential legal action as the agriculture sector.

Councillor P McLean welcomed the increased investment planned for the District which would enhance the service provided. He enquired about the Magherafelt Ww TW Interim Improvements – installation of a temporary MBR Plant on Page 7 of 11 on the schedule and said that the old sewage systems had not the capacity to cope in the Road area of Magherafelt. He suggested that in order to solve these situations Water Service would need a wider scheme to cope within the increasing number of houses.

Councillor McLean also referred to situations when flooding took place in the Westland Road area of Magherafelt. He further stated that he was not convinced that PPP’s were the best way forward for the Water Service regarding the delivery of fresh water. The experience on the mainland of PPP’s and PFI schemes failing or having major problems with tendering and contracting, and to in relation to who owned what, had not convinced him that PPP’s would work. He also raised issues on the quality of drinking water in the Magherafelt area.

Councillor Rev Dr R T Wm McCrea joined the meeting at 7.45 pm.

Mr Duddy in his reply promised to consider these matters but stated that comments made on the quality (taste) of drinking water were highly unusual in that other Councils he had recently visited had not raised these issues. He said that 98.7% of samples complied with regulations and confirmed that Water Service had an obligation to improve drinking water.

In relation to the Moyola Treatment Works upgrade, Mr Crozier explained that this was part of Water Service’s Alpha Public Private Partnership Project to upgrade identified Water Treatment Works across Northern Ireland at an estimated capital cost of £154 million and this was not a ratepayers issue. He further stated that the Exchequer was not putting enough money in infrastructure to have this work carried out.

Mr Duddy referred to schemes for the Moyola River to improve the cleanliness of water and to improve the distribution system and stressed the importance of getting a balance between the spending on water quality and improving the infrastructure.

Councillor I P Milne stated that the measures being taken by the Water Service as being prevention rather than the cure particularly in relation to water quality and infrastructure at Lough Neagh.

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Mr Duddy stated that Water Service did play its part and that water from treatment works must comply with EC regulations.

Councillor Miss K A Lagan asked that ‘gravity outfall’ would be explained.

Mr Duddy explained that this was the outfall from the STW once treated to the stream, for example, the pipe from Maghera to for outfall from Maghera Treatment Works discharged to the Moyola River.

Councillor J J McPeake enquired about an overhead pipe for WWT at Barrack Road which Water Service had promised to have removed to an underground pumping method

Mr Lyttle advised that there was a scheme in the programme to remedy this problem but promised to come back to the Councillor on this matter.

Councillor O T Hughes asked about a new housing development of 43 houses at ‘The Meadows’, and if there was any date set for connection into the main sewer as it was holding up the contractor.

Mr Lyttle in reply stated that the scheme was at the design stage but hopefully would go to tender within the next three months.

Councillor Hughes requested that a date be confirmed.

Councillor Rev Dr R T Wm McCrea enquired about the commencement of the upgrading of the existing WTW at Moyola as part of Water Service’s Water Treatment (Alpha) PPP Project, at an estimated cost of £11.7 million which was due to commence in April 2006 and scheduled for completion in October 2008 and also the estimated Capital Costs of the Alpha Water Treatment project of £154 million and enquired about the planning interest in lands. Councillor Rev McCrea said that because planning had not been sought at an earlier stage surely the projects would be considerably delayed. He said it was essential that this work commence in April 2006.

He also enquired about the current position and proposed start dates for schemes at Aughrim Road, Chichester Avenue, Hospital Road and the upgrading of wastewater works to ensure compliance with consent and to cater for further development at Magherafelt WwTW (Page 9 of report).

Mr Duddy undertook to detail the schemes and the proposed start dates.

Councillor T J Catherwood referred to Page 6 – Drumnacannon Road, water main extension scheme, Morans Cross sewerage scheme and Lismoyle, WwTW – provision of 65m of 150mm foul sewer and replacement wastewater treatment works.

Mr Duddy outlined the schemes and promised to come back to Councillor Catherwood on the proposed start dates.

Representatives from Water Service retired from the meeting at 8.06 pm.

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10 DRD ROADS SERVICE – PRESENTATION 279/1/2006

10.1 Mr P Doherty stated that over £1.1 million would be invested in Capital Schemes in the Magherafelt area this year. This work included provision of an overtaking lane on the A6 as well as collision remedial, traffic calming and transportation schemes which contribute to road safety and encouraged road users to use means of transport other than the car. Among the schemes being carried out this year were the construction of the overtaking lane on the A6 at Mullagh, Maghera and schemes to improve road alignment and visibility at Aughrim Road, Magherafelt and Altayaskey Road, Draperstown.

The Roads Service report also contained the draft Local Transport and Safety Measures Programme for 2006-2008. New schemes included in the programme included improvements to sightlines at the junction of Crew Road with Ballymacilcurr Road, and the provision of a new footway on the A29 Moneysharvin Road, Swatragh along the frontage of St John’s Primary School.

Mr Doherty detailed his report to Members (copy circulated to each Member).

10.2 Members’ Questions:

Councillor Rev Dr R T Wm McCrea stressed that the most important scheme for the District was the Magherafelt By-pass which was not on the Roads Service’s programme and ought to have been. He said that if the Magherafelt By-pass was not seen as a priority then the traffic situation would be bedlam for the District and it would destroy the prosperity of Magherafelt town and industrial development in the locality. Somehow these facts could not be got into the mind of officialdom. He suggested that this work should be done in conjunction with other works or on its own before the commencement of other works.

Councillor Rev McCrea referred to a dangerous stretch of roadway along the A6 at the junction from Curran to and requested that lights be provided there. He also requested that proper calming measures be provided for Desertmartin village and referred to problems which still existed regarding parking in Magherafelt.

In reply, Mr Hamilton said that dualling of the A6 to was well progressed and he did not wish to hold back work on this scheme. The Magherafelt By-pass was in the Regional Transportation Strategy Plan and the Western Division hoped to have it started in 2010 rather then 2015. It was hoped that the two schemes would merge and he would take the Councillor’s comments back to the Director. Regarding lighting along the A6 he said that it was not normal policy to light rural junctions except where there was an accident history. Traffic calming for Desertmartin was being considered and car-parking in Magherafelt was an ongoing problem.

The Chairman, Councillor J F Kerr referred to the urgent need for lights at Mullagh Road junction where there had been an accident history.

Councillor J J McPeake requested lighting from the A6 to Broagh Road, near Knockloughrim where there was an accident history and the need for work to progress at Hall Lane, Mayogall. He was not convinced that accidents had to occur in order for roads improvements to take place. He considered this not to be the correct policy.

Mr Hamilton promised to revisit these requests.

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Councillor O T Hughes said that he too had an interest in Hall Lane, Mayogall and supported Councillor McPeake. He requested that a smaller scheme to include a footpath be included. He said that the original scheme, which had been taken off the schedule, had included a footpath. Some 700 – 800 people used the junction and he was very disappointed that the original scheme had been removed from the programme of works.

Councillor Miss K A Lagan requested traffic calming at Straw School. She said that she had been previously told that noise would disrupt the children in the school, but the Principal disagreed. Councillor Miss Lagan referred to the junction of the Ranaghan Road and the A6 where the passing lane also became a right turning lane and to the existence of a bus stop at the same location which was extremely confusing for motorists and dangerous because of the volume of traffic.

Lighting had not solved the situation and it warranted some action as this junction was difficult to negotiate particularly in fog.

The Chairman agreed with Councillor Lagan’s comments on the Ranaghan Road junction.

Mr Hamilton said that the overtaking lane at Ranaghan Road was an old system but there were now alternative schemes which would address this problem and he would consider the problem and report back.

Councillor P E Groogan requested that Roads Service reconsider his request for a footpath from Fort View to Devlin’s Post Office at Moneyneena where there is a 40mph speed limit and a blind corner.

Councillor P McLean again pressed for the development of the Magherafelt By-pass and the introduction of traffic calming at Desertmartin. He also asked if the 300m footpath at CoolshinneyRoad, Magherafelt (Page 10 of report) could be brought forward and traffic calming measures introduced for Westland Road and Leckagh Drive, Magherafelt. Councillor McLean thanked the staff of the local Roads Service office and complemented them in treating Councillors courteously. He said that the junction at Highfield Road with the Moneymore Road, Magherafelt needed to be reconsidered as there were difficulties in entering and exiting at this point.

Mr Hamilton promised to consider these matters.

Councillor T J Catherwood drew Roads Service’s attention to an accident at the Castledawson Roundabout on the A6 on the previous morning when someone parked in the bus stop area and then proceeding to do a right turn on the A6. He said that often cars were parked in the bus stop area and the coach when it pulled-up at the bus stop had to actually stop in the roadway and some measure had to be taken to stop this practice. Better lighting was required particularly in the winter-time.

Mr Hamilton said that these were very important issues. A park and share site, the U- turn issue and a wider carriageway had been considered some three years ago. Roads Service with the aid of consultants were in the process of creating a new park and share facility in closer proximity to the bus stop on the A6 where cars could pull-in of the main road and turn within the dedicated site and would be considered in conjunction with the dualling of the A6 scheme.

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Councillor Mrs E A Forde requested urgent road repairs to Wood Road, Tobermore and explained that the road was sinking in several locations. She also asked for a footpath extension from the Desertmartin to Road and better lighting for a small number of houses on a laneway opposite the Garden Centre on Station Road, Maghera.

Mr Hamilton promised to report back to the Councillor on these requests.

Councillor J Campbell referred to the serious number of accidents which occurred on at Newbridge over the Christmas period and suggested that this was because of poor signage for strangers to the area and the shape of the road.

Mr Hamilton took note of Councillor Campbell’s comments. He said that he preferred to build-out rather than more signage at Newbridge but would give further consideration to this matter.

Councillor J Crawford referred to difficulties with the completing of the new overtaking line on the A6.

Councillor G C Shiels said that he too wished to see the Magherafelt By-pass constructed as soon as possible. He also referred to parking problems on Kirk Avenue Magherafelt and asked for a change in priority at junctions on Crewe Road, Maghera and the issue of the Sub Regional Transport Plan.

Mr Hamilton said that it was hoped that the Sub Regional Transport Plan would be issued in March/April 2006 and that he would be keen to solve the other issues raised by Councillor Shiels, but felt that with regards to Crewe Road it was important to keep the volume of traffic down.

Councillor Rev McCrea said that he had grave concerns regarding the manner in which the By-pass was being treated under the Sub Regional Transport Plan and advised that it should be at preparation stage and urged Roads Service to design the actual scheme and seek planning permission so that it would be ready to act if there was any slippage on other schemes.

The Chairman said that Councillor Rev McCrea’s views were shared collectively by the Council.

Mr Hamilton pointed out that Roads Service could not go to the level of detail requested by Councillor Rev McCrea until the scheme had been moved into the preparation pool.

Councillor T J Catherwood agreed with Mr Hamilton’s comments on Crewe Road that the traffic volume should be kept down. He thanked Roads Service for their help with reconnecting lighting at Tamlaght O’Crilly when it had been requested at the time of a resident’s death.

Representatives from Roads Service retired from the meeting at 9.30 pm.

11 BUILDING CONTROL DEPARTMENT 210/1/2006

The Director of Building Control presented the Department’s report for the period 7 December 2005 to 10 January 2006 (copy circulated to each Member).

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11.1 During the period of the report forty-four applications had been recommended for approval. A total of eighty-five applications required amending by architects and agents before granting approval. There were twenty-three Notices and nine Regularisations issued.

During this period there were nine cancellations:

MA/0990/0296 – Mr Adrian Lagan, 29 Tamney Cresent, Maghera - dwelling MA/0990/0373 - Mr Samuel Young, 23 Carraloan Road, Magherafelt - an extension to a dwelling MA/0990/0417 – Mitchell Builders Supplies, 3 Derg Lane, Magherafelt - a workshop and store MA/2001/0095 – Mr Hugh Bradley, 12 Road, Upperlands - alterations to a dwelling MA/2001/0177 – Mr Laurence Kelly, 20 Gortahurk Road, Draperstown - dwelling MA/2001/0368 – Mr Joe McAllister, 112 The Brambles, Magherafelt - a playroom and study MA/2001/0202 – Mr Joseph Moran, 4-6 High Street, Draperstown – change of use from outhouse to Mews Dwelling MA/2012/0202 – Mr Seamus McCorry, 46B Salford Road, London – renovations to a dwelling MA/2012/0324 – Mr Gerard McConomy, 2 Mullaghboy Road, Bellaghy – improvements to a dwelling

There were no rejections.

There were fifty-six Property Certificates issued for this period.

Fifty-eight applications had commenced on site and forty-seven applications were found to be complete in accordance with Building Regulations.

There were seventeen new Postal Numbers and Postcodes issued for private dwellings.

11.2 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J P O’Neill, and

RESOLVED: to adopt the report as submitted.

12 BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

12.1 Submitted the following letters (copies circulated to each Member) on the proposed listing under Article 42(1) of the Planning (NI) Order 1991 of:

(a) Former house adjacent to 27 Tirnony Road, Maghera, BT46 5RE, and (b) 19 Ranaghan Road, Maghera, BT46 5ND

and seeking the Council’s views thereon.

Noted.

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13. LICENCES/REGISTRATIONS

13.1 Entertainment Licences:

Submitted the following applications for Entertainment Licences which were recommended for renewal:

E.2 Moyola Park Football Club – Ms Jillian McCready, 16 Main Street, Castledawson E.11 The Cellar Bar – Messrs David and Barry O’Kane, 37 St Patrick’s Street, Draperstown E.13 Newbridge Youth Club – Mr Jim Murphy, Blackpark Road, Newbridge E.14 St Swithin’s Church Hall – Rev T Scott, 45 Church Street, Magherafelt E.26 The Burnside Inn – Mrs Teresa Fullen, 58 St Patrick’s Street, Draperstown E.33 The Johnston Hall – Rainey Endowed School, Rainey Street, Magherafelt E.41 Bellaghy Presbyterian Church Hall, 50 Main Street, Bellaghy E.42 St Patrick’s College, 25 Road, Maghera E.55 O’Donnells Bar – Nigel & Anne O’Donnell, 19-21 High Street, Draperstown E.60 McKinney Memorial Hall – Tobermore Community Projects, 33 Main Street, Tobermore E.63 The Linenhall Centre – Mr Peter McAlary, 67 Kilrea Road, Upperlands

13.1.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J P O’Neill, and

RESOLVED: that the applications as submitted be renewed.

13.2 Street Trading Licences:

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

ST69 Mr Gurmet Gary Singh, 653 Antrim Road, Belfast Car-park and lay-by adjacent to the Coleraine Road, Maghera

M1 Mr Gerry Lynn, 9 Whitehill Drive, Randalstown Maghera, Draperstown, Magherafelt, Castledawson, Bellaghy, and Knockloughrim

13.2.1 On consideration it was

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

RESOLVED: that the applications as submitted be renewed.

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13.3 Cinematographic Licence:

The following application was received for a Cinematographic Licence and was recommended for renewal:

C.2 The Movie House, 51 St Lurach’s Road, Maghera

13.3.1 On consideration it was

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

RESOLVED: that the application as submitted be renewed.

13.4 Registration of a Society:

Submitted an application for the Registration of a Society as required under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 Article 136 which was recommended for granting:

RS.3 Gerard Donnelly, RS6P Motorcycle Racing – Katie O’Neill

13.4.1 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor J P O’Neill, and

RESOLVED: that the application as submitted be granted.

The Chairman adjourned the meeting for 10 minutes for a comforts break at 9.35 pm.

The meeting resumed at 9.45 pm.

14 PLANNING SERVICE 185/1/2006

Submitted the Divisional Planning Manager’s report dated 17 January 2006 (copy circulated to each Member), see Appendix

New Applications:

H/2004/0223/F – Approval Carnlough Developments

H/2004/0792/C – applicant details not Approval provided

H/2004/0796/C – applicant details not Approval provided

H/2004/0804/O – Deferred for an office meeting on the Marald Developments request of Councillor O T Hughes - Criterion 5

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H/2004/0810/C – applicant details not Approval provided

H/2004/0824/C – applicant details not Approval provided

H/2004/0915/F – F P McCann Deferred for an office meeting on the request of Councillor Miss K A Lagan -Criterion 5

H/2004/1199/O – Mr P Doherty Approval

H/2004/1487/RM – NK Construction Approval Ltd

H/2005/0017/O – Mr A Conway Approval

H/2005/0020/O – Mr A Conway Deferred for an office meeting on the request of Councillor Mrs K A McEldowney - Criterion 5

H/2005/0203/F – Mr J Kempton Approval

H/2005/0309/F – Mr & Mrs Deferred for an office meeting on the McCloskey request of Councillor P E Groogan Criterion 5

H/2005/0387/O – Mr R Moore Deferred for an office meeting on the request of Councillors G C Shiels and J Crawford -Criterion 5

H/2005/0414/O – Miss G O’Neill Deferred for an office meeting on the request of Councillor O T Hughes - Criterion 5

H/2005/0428/O – Mr J O’Hagan Deferred for an office meeting on the request of Councillor P E Groogan - Criterion 5

H/2005/0461/O – F P McCann Deferred for an office meeting on the request of Councillor Miss K A Lagan

H/2005/0463/O – F P McCann Deferred for an office meeting on the request of Councillor Miss K A Lagan - Criterion 5

H/2005/0506/O – Mr S Scott Deferred for an office meeting on the request of Councillor T J Catherwood

H/2005/0533/RM – Approval R & F Developments

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H/2005/0559/F – The Planning Service withdrew this Mullaghboy Construction Ltd application from the schedule due to new information having to be assessed.

H/2005/0576/F – C Hurl Approval

H/2005/0599/O – P Diamond Approval

H/2005/0621/O – Ms A Morgan Deferred for an office meeting on the request of Councillor O T Hughes - Criterion 5

H/2005/0628/F – Deferred for an office meeting on the Gerard & Ann McElhone request of Councillor Miss K A Lagan - Criterion 5

H/2005/0647/F – Mr A Gunning Approval

H/2005/0648/F – Mr P McGlade Approval

H/2005/0653/F – Mr M McKeefry Approval

H/2005/0672/F – G Shaw Deferred for an office meeting on the request of Councillors J J McPeake and O T Hughes – Criterion 5

H/2005/0704/F – SLB Developments Approval

H/2005/0714/O – Mr E Mawhinney Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea - Criterion 5

H/2005/0759/F – Approval Magherafelt District Council

H/2005/0764/F – A McMullan Deferred for an office meeting on the request of Councillors Rev Dr R T Wm McCrea and T J Catherwood – Criterion 5

H/2005/0768/F – Mr W Addiddle Approval

H/2005/0802/F – Approval Mr V Leighton & Mrs S Johnston

H/2005/0806/F – M & F Johnston Deferred for an office meeting on the request of Councillor J Campbell - Criterion 5

H/2005/0829/F – Mr L Bradley Approval

H/2005/0834/RM – Mr P O’Kane Approval

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H/2005/0847/F – Brendan Quinn Application withdrawn from the schedule by the Planning Service for further assessment

H/2005/0848/O – Mr G Porter Approval

H/2005/0860/F – Mr F McManus Approval

H/2005/0895/O – Mr P Boyle Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/0918/F – Mr R Lee Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea - Criterion 5

H/2005/0928/O – Mr P Heron Approval

H/2005/0929/A – Mr S McGeehan Approval

H/2005/0946/F – Approval Mr & Mrs C Madden

H/2005/0951/RM – Approval Mr & Mrs S Dickson

H/2005/0965/F – Mr M McErlean Approval

H/2005/0997/F – Mrs D Artt Approval

H/2005/1024/O – Mr P Regan Deferred for an office meeting on the request of Councillor P E Groogan – Criterion 5

H/2005/1030/F – A Whyte Approval

H/2005/1045/F – Approval S McConnells/Fultons

H/2005/1048/O – Mr S Hepburn Approval

H/2005/1051/O – Mr G Rea Approval

H/2005/1052/RM – Mr K Turner Approval

H/2005/1062/RM – B McCloskey Approval

H/2005/1066/F – Mr R McGlaughlin Approval

H/2005/1067/F – Mr K Haughey Deferred for an office meeting on the request of Councillor O T Hughes - Criterion 5

H/2005/1076/RM – Mr T Walker Approval

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H/2005/1078/O – M McElhone Approval

H/2005/1081/F – Mr & Mrs Devlin Approval

H/2005/1085/F – Mr Boyle Approval

H/2005/1086/O – Mr J C Crilly Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/1092/O – Mr K Bodkin Approval

H/2005/1093/O – Mr R McGuigan Approval

H/2005/1098/F – Mr D McCrystal Approval

H/2005/1107/F – Mr McPeake Approval

H/2005/1108/F – G McKee Approval

H/2005/1112/F – M Ferguson Approval

H/2005/1113/F – Mr & Mrs McKenna Approval

H/2005/1114/F – Mr S Woulahan Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1117/O – Mr J McConnell Approval

H/2005/1124/O – A M O’Reilly Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/1130/RM – Mr V Doyle Approval

H/2005/1134/O – Deferred for an office meeting on the Chris O’Kane & Pamela Smyth request of Councillor Miss K A Lagan – Criterion 5

H/2005/1137/F – Mr W Guy Approval

H/2005/1147/F – Mr & Mrs Evans Approval

H/2005/1149/F – Mr P Martin Approval

H/2005/1153/F – Mr S McKay Approval

H/2005/1159/F – D O’Kane Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5

H/2005/1160/F – D O’Kane Approval

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H/2005/1170/O – Mr M Hanna Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea - Criterion 5

H/2005/1181/F – Mrs Donnelly Approval

H/2005/1191/F – Mr J Downey Approval

14.2 Applications Deferred from Previous Meeting:

H/2004/0081/F – S Murray Approval. The Planning Officer advised that this application would supersede the outline approval given for application H/2002/1049/O

H/2004/0325/F – Mr W Garvin Approval. The Council disagreed with the decision. H/2004/0485/O – Mr S McLean Refusal. The Council disagreed with the decision

H/2004/0615/O – Mr U Henry Refusal. It was

PROPOSED by Councillor P E Groogan Seconded by Councillor J J McPeake, and

RESOLVED: that the Council support this application in the event of it proceeding to the Planning Appeals Commission.

H/2004/0775/F – Mr S McLean Refusal. The Council disagreed with the decision

H/2004/0987/F – P & A McAtamney Approval

H/2004/0993/F – Mr M Boyle Approval

H/2004/1011/O – Ward Design Refusal. The Council disagreed with the decision

H/2004/1037/O – Mr L McGuigan Refusal. The Council disagreed with the decision

H/2004/1104/O – Mrs F Paul Refusal. The Council disagreed with the decision

H/2004/1117/O – Heron Bros Refusal. The Council disagreed with the decision

H/2004/1241/O – D Raferty Refusal. The Council disagreed with the decision

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H/2004/1316/O – N Kerr Refusal. The Council disagreed with the decision

H/2004/1381/O – Mr B McLean Refusal. The Council disagreed with the decision

H/2004/1426/O – Mr N Gibson Approval

H/2004/1448/F – Mr L MaNeely Approval

H/2004/1471/O – Mr P Kealy Refusal. The Council disagreed with the decision

H/2004/1473/O – Mr P Kealy Refusal. The Council disagreed with the decision

H/2004/1480/O – Mr P Donnelly Refusal. The Council disagreed with the decision

H/2004/1523/F – Mr M Bradley Approval

H/2004/1549/O – Mr H Martin Refusal. It was

PROPOSED by Councillor G C Shiels Seconded by Councillor J Crawford, and

RESOLVED: that the Council support this application in the event of it proceeding to the Planning Appeals Commission.

H/2004/1555/O – Mr W Mulholland Refusal. The Council disagreed with the decision

H/2004/1562/F – A O’Neill Refusal. The Council disagreed with the decision

H/2004/1566/O – Mr S McLaughlin Approval

H/2005/0202/O – M Wallace Approval

H/2005/0241/F – Miss A McCaughey Approval

H/2005/0337/O – S.L.P.T. Refusal. The Council disagreed with the decision

H/2005/0361/F – E Diamond Approval

H/2005/0701/A – Mr D Friel Refusal. The Council disagreed with the decision

H/2005/0703/A – Mr D Friel Refusal. The Council disagreed with the decision.

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H/2002/0716/O – Mr & Mrs P McMullan The Planning Officer referred to the additional item which she had emailed for consideration (copy circulated to each Member) and enquired how the Council wished to proceed with this application.

Councillor Rev Dr R T Wm McCrea said that this was a unique situation but should have taken its course and suggested that a submission be made to the Planning Service Management Board as this appeared to have been the intention of Councillor J McBride during the term of the last Council.

Councillor Miss K A Lagan agreed to speak to ex-Councillor J McBride about this application.

It was further agreed that the Planning Service would place the application on the February Schedule so that action could be taken by the Council.

H/2005/1057 and H/2005/1058 – P & C Agnew Councillor O T Hughes referred to the above applications and stated that correspondence advising the applicants that the applications were listed on the Planning Service schedule with a recommendation to refuse for consideration at the December 2005 Council meeting; had been left by the postman in a derelict building nearby as there was no one at home when he called. Consequently the applicants through no fault of their own had been denied an opportunity to request an office meeting at the December Council meeting. The Council had agreed at the meeting held on 13 December 2005 to support appeals in respect of these two applications. Councillor Hughes asked the Planning Officer if the refusals had not been issued, could the Council and the Planning Service reconsider the situation in the light of the facts, and allow office meetings to be held, as this was what the applicants would have preferred.

The Planning Officer clarified the situation in relation to the timescale for the issue of refusals post consideration of the Planning schedule at a Council meeting.

The Council agreed that if the decision notices have not been issued, the applicants should be afforded the opportunity to have office meetings.

Councillor O T Hughes indicated that he would facilitate these office meetings.

The Planning Officer agreed to come back to the Council on this matter.

Councillor Miss K A Lagan commented on the lack of consistency in timescale for the issue of Planning Service refusals relative to the length of time it took for approvals to be issued.

The Council was informed of Planning Service staff changes to the Magherafelt team. The following Planning Officers would form part of the Magherafelt team – Denise McShane, Julie McCurdy, Catherine Blease, Ashley George and Sinead McCarthy.

Councillor Rev McCrea informed the Members that the Divisional Planning Manager, Mrs Helena O’Toole had resigned from the Planning Service. He said that there had been many changes within the Planning Service but in Ballymena they were mainly promotional. He welcomed all the new staff, and wished those leaving all the best in the future.

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The Chairman, Councillor J F Kerr enquired about the issue of correspondence in connection with office meetings for individual Councillors calling for meetings, agents and applicants.

After discussion it was agreed that the Council would write to all agents informing them of office meetings and in the absence of an agent then the applicant would be notified. Individual Members would continue to liaise with agents and applicants

14.3 Submitted letter from the Planning Appeals Commission advising that an appeal against an Enforcement Notice issued on 1 December to Mr Martin Brunton in connection with an alleged unauthorised erection of a dwelling at 56 High Street, Draperstown had been received.

The Planning Appeals Commission enquired if the Council wished to make any representations to submit them within five weeks from 3 January 2006 (copy circulated to each Member).

Noted.

The Planning Officer retired from the meeting at 10.30 pm.

15 ENVIRONMENTAL HEALTH DEPARTMENT 196/1/2006

Submitted report for the month of December 2005, (copy circulated to each member). The following matters were taken into consideration:

15.1 Draft Private Tenancies (NI) Order 2005:

Mr Burrows advised that the Department for Social Development proposed to introduce new legislation to deal with private rental sector housing which would establish certain basic requirements in relation to tenancy agreements, introduce new offences in relation to unfitness and serious disrepair while also amending the Rent (Northern Ireland) Order 1978.

Mr Burrows recommended that the Council consider welcoming this piece of legislation as local government was being given a major role in the private rented housing sector and thereby contributing to the improvement in the health and well- being of an increasing number of residents within the district. The Council unanimously agreed to support the introduction of the Private Tenancies (NI) Order 2005.

Mr Burrows also requested permission to forward a document produced by the Chief Environmental Health Officers Group, which was seeking clarification and minor changes to this proposed legislation.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor S O’Neill and

RESOLVED: that the Council adopt the recommendations of the Director of Environmental Health.

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15.2 Authorisation of Environmental Health officer to act as agent of the Health and Social Services Board:

Mr Burrows advised the Members that in August 2005 the Council had nominated EHO’s to be authorised by the Department of Health, Social Services and Public Safety as officers action as agents for the Northern Health and Social Services Board.

Mr Burrows requested that as Mrs Lucia Cassidy had resigned from the department, her name should be removed from the authorised list and that it be replaced with Mrs Helen Harper’s name.

On consideration it was

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

RESOLVED: that Mrs Helen Harper be authorised by the DHSS and PS as an officer acting as an agent for the Northern Health and Social Services Board.

16 OPERATIONAL SERVICES DEPARTMENT 210/1/2006

Submitted report by the Director of Operations for the month of January 2006 (Copy circulated to each Member).

16.1 Development Services:

16.1.1 Magherafelt Arts Trust

Mr Johnston reported that a meeting of the Arts Trust was held in the Bridewell Tourist Information Centre, Magherafelt on Wednesday 14 December 2005. At this meeting the Arts Trust had compiled the enclosed calendar of events for the forthcoming year. He also advised that the Arts Trust had agreed to distribute £4,000 to local groups through its Annual Grant Scheme and had agreed to pay £2,000 per year contribution towards the Arts of Regeneration Programme, which was reported to Council at its meeting of Tuesday 13 December 2005.

Noted.

16.1.2 NRRTI Funding

Mr Johnston asked the Chairman for permission to update the Council regarding a letter of offer the Council had received from D.A.R.D on 12 December 2005. This was agreed.

Mr Johnston advised that officers had met with representatives from the Department of Rural Development and had agreed the number and cost of tourism signs that would be erected in accordance with Reserve Project 27662 (Tourism Sign Improvements). To advance this project the Council would now be required to pay an invoice submitted by the Department for work associated with the production and erection of these signs. This invoice, for approximately £31,000, would then be submitted to D.A.R.D as evidence that the Council had met the conditions specified in the letter of offer regarding the completion of this work, on the clear understanding that D.A.R.D would then reimburse the Council the amount contained in this invoice.

Noted.

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16.2 Leisure Services:

Mr Johnston advised that total income for Leisure Services saw an increase of 12% when compared with the corresponding month of last year. He stated that both the main centres had performed well with increases being recorded at Greenvale Leisure Centre and Maghera Leisure Centre. He stated that outdoor based activity however did not fair as well with Meadowbank Recreation Centre and Tobermore Golf Driving Range showing decreases.

Mr Johnston stated that the rest of the Leisure Services Report was for the information of the members.

Noted.

16.3 Technical Services:

16.3.1 Vandalism

Mr Johnston stated that the report contained the usual list of vandalism which included extensive damage being caused to the Christmas trees in Maghera and Draperstown.

Noted.

16.3.2 Grounds Maintenance

Mr Johnston advised the members that the Grounds Maintenance teams had completed all winter planting for the season and that this included the new roundabout in Draperstown Town Centre.

Noted.

16.3.3 Festive Decorations in Towns/Villages

Mr Johnston stated that prior to the Christmas period the Department had issued grants to six community groups and that during this period they had carried out a survey of these areas to assess how this money had been spent. He advised that with exception of Bellaghy some effort had been made to enhance these towns/villages by the erection of festive decorations. With regard to Bellaghy Mr Johnston stated that this application had been received late, a few days prior to the Christmas holidays and the Community Group was now advising that they had experienced considerable difficulty due to lateness of receiving the grant in sourcing the appropriate festive decorations. In view of this development Bellaghy Community Group were now asking to be allowed to retain the money to purchase Christmas decorations throughout the year and that these decorations would be used to enhance the village over the 2006 Christmas period. Mr Johnston stated that the members would be aware that the Council had recently agreed to a similar request submitted by Curran Development Association.

Mr Johnston stated that the members would also be aware that the Technical Services Department had taken over responsibility of Christmas lighting in Magherafelt, Maghera and Draperstown in 1994 and that since then only minor changes had been made to the type of lighting erected each year. He stated that the street layouts of these towns did not allow for a lot of variation, however he felt that some changes were now needed in order to modernise the current displays. He therefore recommended that in order to upgrade the festive decorations in Magherafelt, Maghera and Draperstown additional funding be set aside each year for the purchase of new Christmas features.

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It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan

RESOLVED: that Bellaghy Community Association would be allowed to retain the 2005 Christmas light grant in order to purchase festive decorations for the 2006 Christmas period, on condition that they submit invoices to cover the amount issued,

and

That the Council would provide additional funding each year in order to modernise the current displays in Magherafelt, Maghera and Draperstown.

16.3.4 Holiday Working Arrangements

Mr Johnston stated that he was pleased to report that a Refuse Collection service had been provided over the Christmas period, including Boxing Day, and that all Recycling Centres and the Waste Disposal Site were open to the public on Tuesday 27 December 2005 and Monday 2 January 2006.

Mr Johnston stated that he would personally like to thank all those who gave up their holidays at this festive time to provide a service to the Council and the ratepayers of the District.

Noted.

16.3.5 Website

Mr Johnston advised that they were acutely aware that a number of the members had expressed concerns regarding the standard and level of presentation on the Council’s web-site. He reported that following internal discussions regarding this matter the Chief Executive had instructed each department to visit their section of the web-site on a monthly basis and provide updates as appropriate. Mr Johnston confirmed that the officers were also looking at ways of enhancing the web-site to make it more visually attractive to the public.

Noted.

16.3.6 Bi-Lingual Street/Road Nameplates

Mr Johnston stated that in the report he had advised that the department had received written requests from a number of residents living in Tirnony Road for the Council to erect road nameplates that expressed the name of this road in both English and Irish.

Mr Johnston stated that since the report had been issued he had received a number of similar requests and asked permission of the Chairman to now submit these requests to Council. This was agreed. Mr Johnston stated that these requests concerned the following street/roads:

• Ballydermot Lane • Ballydermot Road • Ballymacombs Road • Ballynease Road • Cambelltown • Culbane Road 25

• Deerpark Road • Downings Road • Killyberry Road • McErlean Villas • Oldtown Road • Tamlaghtduff • McErlean Villas • Oldtown Road • Tamlaghtduff Park • Woodland Grove

Mr Johnston stated that if Council agree to consider these requests it would be necessary to consult with the residents who live on these roads.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan

RESOLVED: that the Council would consult with residents living in Tirnony Road, Ballydermot Lane, Ballydermot Road, Ballymacombs Road, Ballynease Road, Campbelltown, Culbane Road, Deerpark Road, Downings Road, Killyberry Road, McErlean Villas, Oldtown Road, Tamlghtduff Park and Woodland Grove regarding the erection of English/Irish Street/Road Nameplates on these roads.

Councillor Rev Dr R T Wm McCrea requested that it be recorded that he was against the erection of bi-lingual signs as it was a waste of public finances.

Mr Johnston stated that to conclude the report on bi-lingual street/road nameplates he would advise that in accordance with Council’s instructions the Department had carried out a consultation exercise with the occupiers of premises on Grillagh Hill regarding the erection of bi-lingual road nameplates on this road.

He stated that if Council accepted the figures in the report as a guide the returns showed that at least 60% of residents living on this road had indicated a preference for the road nameplate to be expressed in English and Irish. On the basis of these returns Mr Johnston felt the Council were in a position to erect a bi-lingual road nameplate on this road.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan

RESOLVED: that the Council would erect a bi-lingual road nameplate (English/Irish) on the Grillagh Hill, this sign to include townland names also in English and Irish.

16.3.7 Townland Names on Street/Road Nameplates

Mr Johnston stated that the members would be aware that following extensive discussion it was agreed that in future the Council would only erect street/road nameplates at the entrance to or at the end of each street/road and that this nameplate would indicate the name of the townland that applied where the sign was being erected.

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He stated that this would seem to have been a fairly straight forward instruction, however investigations had shown that in some cases the street/road was infact the townland boundary with one side of the street/road being in one townland and the other side of the street/road being in a different townland.

He stated that the question was do the Council erect two street/road nameplates at the entrance to or at the end of these roads, one at each side of the street/road indicating the name of the street/road and the relevant townland, or do the Council erect one street/road nameplate that reflects the townland on the side of the road where the sign was being positioned.

It was

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

RESOLVED: that the Council would only erect one street/road nameplate at the entrance to or at the end of each street/road and that this street/road nameplate would reflect the townland on the side of the road where the sign was being positioned.

16.3.8 Lough Neagh Wetlands Biodiversity Workshop

Mr Johnston advised that the Lough Neagh Advisory Committee was in the process of developing a Biodiversity Action Plan for the whole of the Lough Neagh Wetlands and that the initial stage of the process involved running a series of Biodiversity Workshops, one in each of the seven Council areas that border the Lough. He stated that the first of these workshops was scheduled to be held in Bellaghy on 2 February 2006 and that the Lough Neagh Advisory Committee were requesting financial support of £250 from each Council to help run these workshops.

Mr Johnston stated that in his opinion this was a worthwhile project and he would therefore recommend that the Council agree to pay invoices submitted by the Lough Neagh Advisory Committee up to a maximum of £250 for costs associated with the running of a Biodiversity Workshop in Bellaghy on 2 February 2006.

It was

PROPOSED by Councillor J P O’Neill Seconded by Councillor I P Milne

RESOLVED: that the Council would agree to pay invoices submitted by the Lough Neagh Advisory Committee up to a maximum of £250 for costs associated with the running of a Biodiversity Workshop in Bellaghy on 2 February 2006.

16.3.9 Waste Management

Mr Johnston stated that the members would be aware that he had advised Council, on Tuesday 13 December 2005, of the importance attached to a members meeting of the North West Region Waste Management Group Members Committee scheduled for 14 December 2005. He reported that this meeting had now been held, the principal item for discussion being the content of the Draft 2020 Waste Management Plan.

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Mr Johnston stated that at this meeting the Consultants had advised that for a Waste Management Plan to be accepted by the Department of Environment if must cover all waste streams, and reflect the Northern Ireland ‘Best Practical Environmental Option document recently issued by the Environment and Heritage Service. He confirmed that the meeting agreed to authorise the NWRWMG’s Consultants to compile the Draft 2020 Plan on the basis of this statement.

Mr Johnston stated that a further meeting was held on 11 January 2006 in and was well attended by members of this Council (8). He stated that at this meeting the Consultants advised that the primary objective of the 2020 Waste Management Plan would be:

• To develop an integrated network of facilities to meet the needs of the North West Region. • To maximise resource efficiency.

He stated that these objectives were compatible with the Waste Framework Directive requirements and the Northern Ireland Waste Management Strategy’s policy objectives, and were based on the waste hierarchy which comprised of:

• Waste prevention • Materials recovery • Energy recovery • Disposal

Mr Johnston advised that an assessment of the current plan had clearly identified that further measures were required to enable Councils to meet their objectives and also to ensure compliance with the statutory targets for diversion of waste from landfill, as contained in the Northern Ireland Landfill Allowance Scheme. He stated that there was a risk of significant fines (currently estimated to be in the region of 4 million by 2009- 2010) which could be levied on Councils in the event of these targets not being met.

Mr Johnston stated that based on the presentation given to the meeting in Limavady the key proposals for municipal waste until 2020 would be:

• Waste prevention • Increased recycling and composting • Mechanical Biological Treatment • Energy from Waste

Mr Johnston stated that it was important that the members understood that the 2020 Waste Management Plan would be in fact the current plan modified as necessary to ensure compliance with the statutory targets set out in legislation. It was therefore being proposed that at this stage these modifications would go to Councils as a consultation paper rather than the Council being involved in the entire plan which would include lots of detail regarding issues already covered in the current plan. The modifications would be the specific issues that required feedback, and in particular the scale and the location of facilities that would be required to meet the targets.

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Mr Johnston concluded this part of his report by stating that the members would be aware that there were significant challenges ahead to ensure that Councils met their obligations particularly in respect of targets set out in the Northern Ireland Landfill Allowance Scheme. He believed the approach as outlined in the report was basically a summary of the meetings held on 14 December 2005 in Magherafelt and 11 January 2006 in Limavady and was the only effective and deliverable way forward that would ensure Councils meet their statutory obligations.

The Council’s Consultants were however proposing to give a more detailed report to all the North West Group of Councils over the incoming weeks and were asking to be allowed to give this presentation to Magherafelt District Council at its meeting scheduled for 14 February 2006. Mr Johnston recommended that the Council agree to this proposal.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council would note the report and accept the proposal for the NWRWMG’s Consultants to give a presentation to Council at its meeting scheduled for Tuesday 14 February 2006.

Waste Disposal Site

Mr Johnston advised the members that the Waste Disposal Site at Ballymacombs Road, Portglenone would be closed to the public on 26, 27 and 28 January 2006. This was to allow for essential work to be carried out at the entrance road that serviced the site.

Noted.

Mr Johnston stated that this concluded the Operational Services report.

16.4 It was

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

RESOLVED: that the report as submitted be adopted.

17 PAYMENT OF ACCOUNTS 1/2006

Submitted Statement of Expenditure setting out payments to be made during the month of January 2006 (copy circulated to each Member).

17.1 The schedule provided for £601,306.02 out of the Revenue Account and £198,534.86 out of the Capital Account.

17.1.1 On consideration it was

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

RESOLVED: that the Statement of Accounts as submitted for January 2006 be approved.

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17.2 Submitted the Local Government Election Costs (5 May 2005) which cost the Council £42,893.60 (copy handed out to each Member).

17.2.1 On consideration it was

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

RESOLVED: to accept the Local Government Election Account as submitted.

18 FINANCIAL CONTRIBUTIONS 56/1/2006

Submitted the following requests for a financial contribution:

18.1 Emergency Medical Services:

Submitted letter dated 1 December 2005 from the Administrator seeking a contribution towards office equipment to defray fund raising expenses (copy circulated to each Member).

18.1.1 On consideration it was

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

RESOLVED: that the Council make a contribution of Emergency Medical Services of £200.

18.2 Magherafelt Baptist Church:

The Chief Executive advised that a request had been received from the local Baptist Church to lease or rent the Bridewell on Sunday mornings for the foreseeable future for Church Services. He explained that the current Church building was being demolished for a new build and even though the Council had a policy not to lease its property for political or religious purposes, he felt that when one of the main Churches in the locality had an emergency, perhaps the Council could waive this agreement in these exceptional circumstances.

18.2.1 On consideration it was

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

RESOLVED: that in the exceptional circumstances surrounding the local Baptist Church the Council agreed to lease The Bridewell each Sunday morning for Church Services for the foreseeable future until their new Church was erected.

19 CONFERENCES AND COURSES: 298/1/2006

Consideration was given to the nomination of delegates to attend:

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19.1 Transforming Northern Ireland’s Public Services Seminar: To be held in the Stormont Hotel, Belfast on Tuesday 7 February 2006 at a cost of £255 plus VAT per delegate (details circulated to each Member).

Noted.

19.2 NILGA Annual Conference: To be held in The Slieve Donard Hotel, Newcastle on 16 and 17 February 2006. The registration fee was £255 plus VAT per delegate attending (details handed out to each Member).

19.2.1 On consideration it was

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

RESOLVED: that the Council’s five representatives on NILGA attend the Annual Conference on 16 and 17 February 2006.

20 LOUGH NEAGH PARTNERSHIP LIMITED – NOMINATION

Submitted letter from Mr Gerry Derby, Manager, Lough Neagh Partnership Limited dated 7 December explaining that the Partnership hoped to hold its Annual General Meeting on 19 January 2006 and in the interim was seeking nominations for Directors and Observers to the Board (copy handed out to each Member).

20.1 On consideration it was

PROPOSED by Councillor G C Shiels Seconded by Councillor P McLean

That Councillor J Crawford be nominated as a Director.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor P McLean

That Councillor T J Catherwood be nominated as a Director.

It was

PROPOSED by Councillor O T Hughes Seconded by Councillor I P Milne

That Councillor J P O’Neill be re-nominated as a Director.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J Campbell

That Councillor J Campbell be nominated as a Director.

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20.2 It was

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

RESOLVED: that Mr Michael G Browne, the Council’s Development Officer be nominated as an Observer on Lough Neagh Partnership Limited.

20.3 It was agreed that all the nominations for Directors and Observer be forwarded for consideration by Lough Neagh Partnership Limited.

21 CONSULTATION DOCUMENTS 195/1/2006

Consideration was given to the following:

21.1 A consultation paper on the Draft Local Government (Accounts and Audit) Regulations (Northern Ireland) 2006 seeking comments before 10 February 2006.

21.1.1 Mr Tohill briefed the Members on the background to the proposed legislative changes and drew their attention to the salient points therein.

On discussion Members agreed that a number of the proposed changes appeared impractical and that other issues required further clarification.

21.1.2 On consideration it was

PROPOSED by Councillor J P O’Neill Seconded by Councillor P McLean, and

RESOLVED: that the Chief Executive reply to the consultation exercise and forward a letter stating the Council’s concerns regarding the proposed Accounts and Audit Regulations.

21.1.3 Councillor Rev Dr R T Wm McCrea advised that he was a member of the Audit Commission for UK and Northern Ireland and therefore declared an interest.

21.2 A consultation document on Primary Dental Care Strategy seeking comments by 17 March 2006.

21.3 A consultation document on BSE: Related supplementary consultation on lifting the export ban – Liver exports from the Republic of Ireland seeking comments before 27 January 2006 (copy circulated to each Member).

21.4 The Northern Ireland Human Rights Commission Consultation on their Strategic Plan 2006-09 seeking comments before 31 January 2006.

21.5 It was further agreed that if any Member of 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.

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22 HELP THE AGED

Submitted a letter of invitation to the launch of Help the Aged’s ‘Stopping Elder Abuse’ Campaign to be held on Monday 30 January 2006, beginning with tea/coffee at 10.30 am and ending at 12 noon in Belfast City Hall (copy circulated to each Member).

22.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the Council forward a letter of support to Help the Aged.

23 WATER (NORTHERN IRELAND) ORDER 1999 280/1/2006

Submitted a letter and copy of an application made under the Water (Northern Ireland) Order 1999 by Father Clerkin for consent to discharge effluent to a waterway arising from St Columb’s Primary School, 70 Inniscarn Road, Desertmartin inviting any comments from the Council on this application (copies circulated to each Member).

23.1 On consideration it was agreed to note the application and make no comments.

24 NOTICE OF MOTION 212/1/2006

24.1 In accordance with his Notice of Motion, Councillor J J McPeake proposed:

“That a plaque be erected in this Council building in memory of the two former Councillors for Magherafelt District Council, Councillor John Davey and Councillor Bernard O’Hagan, who were so brutally murdered whilst serving the people of the District.”

The motion was seconded by Councillor P J Bateson.

In support of his motion Councillor McPeake offered a few comments as to why he felt it was appropriate for the Council to erect a plaque in memory of the two deceased Councillors at this time.

Councillor Rev Dr R T Wm McCrea referred to the Council’s previous consideration of a similar motion in May 2002. He pointed out that on this occasion the motion had been debated and amended to read “that a memorial plaque be erected in the Council Offices for all the victims of the conflict in the area over the past 30 years”. He further stated that the Members had adopted the amended motion with a view to acknowledging all who had died in “The Troubles”. He felt that the current motion was inappropriate and he wanted nothing to do with it.

Councillor J Crawford agreed with Councillor McCrea’s comments.

Councillor G C Shiels queried the legality of the motion.

On further discussion it was clarified that the motion to erect a plaque in memory of the two deceased Councillors was not intended to result in the plaque erected in 2002 being replaced.

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Councillor J Campbell suggested that the original plaque be removed from its current location at the old reception area and be repositioned in a more appropriate location.

Councillor McLean concurred with Councillor Shiels’ comments.

The Chief Executive reminded the Chairman that the meeting had lasted continuously for four hours and would remain adjourned unless two-thirds (disregarding any fractions) of the Members of the Council present resolved to determine to continue sitting for another hour.

24.2 It was

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

That the meeting continue for a further hour.

On a vote being taken to extend the length of the meeting, 10 Members voted for, 6 Members voted against, voting being by show of hands.

The Chairman declared that the meeting continue.

The Chairman then called for a vote on Councillor McPeake’s Notice of Motion.

On a vote being taken 8 Members voted for, 6 Members voted against, 2 Members abstained. The Chairman declared the motion carried. Councillor G C Shiels requested that the Chief Executive have the legality of the motion checked.

Councillors T J Catherwood, J Crawford, Mrs E A Forde, Rev Dr R T Wm McCrea, P McLean and G C Shiels retired from the meeting at 11.05 pm.

25 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

26 STAFF MATTERS

This item was taken “In Committee”.

27 LEGAL MATTERS

This item was taken “In Committee”.

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28 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor I P Milne Seconded by Councillor J P O’Neill, and

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

Proceedings in “Open Council”

It was

PROPOSED by Councillor I P Milne Seconded by Councillor J P O’Neill, and

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

29 SEALING OF DOCUMENTS

There were no items for sealing.

30 FOR THE INFORMATION OF MEMBERS

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

(a) Copy of Report from the Department for Regional Development, on the issue of a report on the integrated impact assessment consultation on the reform of Water and Sewerage services. (b) Copy of letter from Department of Enterprise, Trade and Investment on the Northern Ireland Authority for energy Regulation: Appointment of new Chairman, enclosed. (c) Ordnance Survey of Northern Ireland Corporate Plan 2005-2008 and Business Plan 2005-2006 (d) Monitoring Report No. 15 from the Equality Commission for Northern Ireland - A Profile of the Northern Ireland Workforce Summary of Monitoring Returns 2004 (e) Report from the Department of Education on the new Post-Primary arrangements and proposal for a Draft Education (Northern Ireland) Order. (f) Report from NILGA on Northern Ireland Councillors’ Census 2005 (g) Report from The Electoral Commission re. Election 2005:Northern Ireland, The combined UK Parliamentary and local government elections, enclosed. (h) Annual Reports:

1) Water Pollution Incidents and Enforcement 2004 2) Ordnance Survey of Northern Ireland Annual Report 2004-05 3) Report on the implementation of the Section 75 Equality and Good Relations duties by Pubic Authorities based on Public Authority Annual Progress Reports from 1 April 2003-31 March 2004 4) Northern Ireland Human Rights Commission Annual Report 2004-05 5) Invest Northern Ireland 6) 7th Annual Report Northern Ireland Parades Commission

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The meeting concluded at 11.40 pm

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

______(Date)