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MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 12 June 2007. The meeting commenced at 7.10 pm.

Presiding P McLean

Other Members Present P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde Mrs A C Gribbon P E Groogan O T Hughes J F Kerr Miss K A Lagan Rev Dr R T Wm McCrea, MP, MLA K A McEldowney J J McPeake I P Milne G C Shiels

Officers Present J A McLaughlin, (Chief Executive) J J Tohill (Director of Finance and Administration) Mr R Beattie (Senior Environmental Health Officer) 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

N I Grand Final - Eco Schools – Youth Speak Competition: Sean McNamee – St Brigid’s Primary School, Mayogall Caitriona Boyle – St Mary’s Grammar School, Magherafelt

Roads Service: Mr Pat Doherty (Divisional Roads Manager) – DRD Roads Service Western Division Mr Des McFarlane (Section Engineer) – DRD Roads Service, Magherafelt

Planning Service: Ms Sandra Adams, Planning Officer – DoE Planning Service

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1 MINUTES

1.1 It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J F Kerr, and

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 9 May 2007 (copy previously circulated to each Member) be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

2.1 Submitted letters of thanks from the Principal and Vice Principal of St Mary’s Grammar School, Magherafelt for the Civic Reception and gifts given by the Council in recognition of the schools’ All-Ireland Camogie champions.

Noted.

3 CONGRATULATIONS

Councillor Miss K A Lagan requested that a message of congratulations be sent to the County Camogie Board in recognition of the team winning the Ulster Junior Camogie Championship recently.

This was seconded by Councillor J F Kerr and agreed.

4 SYMPATHY

Councillor P J Bateson referred to the recent death of Mr Eamon Coleman, former manager of Derry County and requested that a message of sympathy be sent to the Coleman family.

This was seconded by Councillor O T Hughes and agreed.

5 PRESENTATION – ENVIRONMENTAL YOUTH SPEAK 2007

The Chairman welcomed Master Sean McNamee from St Brigid’s Primary School, Mayogall, the runner-up of the Junior Section in the Grand Final of the Eco School presentation and Miss Caitriona Boyle from St Mary’s Grammar School, Magherafelt on becoming the Northern Ireland Senior Champion in the Northern Ireland Grand Final of the Eco School presentation. He congratulated each of them on their achievement and asked that Sean speak to the Council using his competition entry presentation.

Sean addressed the Council on the competition’s theme ‘Reduce, Reuse and Recycle, What they mean to me?’ Caitriona then addressed the Council on the Senior Section’s competition theme ‘Reduce, Reuse and Recycle, why are they in that order?’

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The presentations were very well presented and the Council concluded by a round of applause at the end of each presentation.

The Chairman stated that the Council was very pleased that students from local schools in the area had been able to represent the District and do so well in the competition. He was sure the students, their parents and teachers were very proud of their achievements.

6 ROADS SERVICE – PRESENTATION OF ANNUAL REPORT 279/6/2007

The Chairman, Councillor P McLean welcomed the Divisional Roads Manager, Mr Pat Doherty and the local Section Engineer, Mr Des McFarlane to the meeting. He asked Mr Doherty to present his Annual Report for the Magherafelt District (copy previously circulated to each Member).

6.1 Mr Doherty thanked the Chairman for his welcome. He said that in the Magherafelt District, £1.7 million had been spent on structural maintenance during 2006/2007, 90% of which had been spent on the District’s minor route network, and 12.26 kilometres of carriageway had been resurfaced. He referred in particular to the resurfacing work carried out on the A31 Queen Street, Magherafelt and sections of the B18 Shore Road, .

The start of the 2007/2008 allocation of approximately £2.2 million investment would be spent on structural maintenance. This, Mr Doherty said, was an exceptionally successful year in bidding for ring-fenced trunk road funding. Schemes would include the completion of the bridge replacement scheme on the B42 at Lisnamuck and the provision of a footpath at . Major resurfacing schemes would also be carried out on the A29 in and and on the A31 at Road, Magherafelt, from Station Road to Pound Road. Mr Doherty said that the resurfacing schemes would require road and lane closures and would cause traffic disruption and delays, but Roads Service would make every effort to give motorists advance warning through signage and information prior to the roadwork.

Mr Doherty said that over £600k of capital spend had during 2006/2007 be spent on Local Transport and Safety Measures, Bridge Strengthening and Street Lighting schemes.

He said that the road realignment scheme at Aughrim Road had been completed as were traffic calming schemes at Maghera, Straw and . Mr Doherty said that almost 60Km of roadway in the District had been resurfaced on C and U class roads.

Mr Doherty said that the Minister, Conor Murphy had said that the A54 Ballymacombs Road, Smithtown Cross, Portglenone road realignment scheme would commence this year and was over a length of 500 metres. It was estimated that the cost would be in excess of £700k and would be completed over the next two financial years.

Members’ Questions:

Councillor Rev Dr R T Wm McCrea thanked Mr Doherty for presenting his report. He said that the work carried out on the Aughrim Road deserved appreciation. Councillor Rev McCrea referred to the A6 dualling scheme between the M2 and Castledawson Roundabout and suggested that Magherafelt Bypass should have been in front of this scheme. He said that the preferred alignment should have been decided on some time ago and the Bypass scheme should have been well advanced.

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Councillor Rev McCrea enquired about a speed control on the main truck route through Desertmartin where there was a problem with the speed of traffic and in fact high speed on several occasions had been the reason for people being killed around the village. He also enquired about the Road/Curr Road, Desertmartin and the Ballynacross/Quarry Road, safety measure schemes. Councillor Rev McCrea asked when would grass be cut around Magherafelt town and when the resurfacing of the roadway at the Fair Hill, Magherafelt would be carried out as he said that the road surface was a disgrace and required urgent attention. Councillor Rev McCrea also reminded Roads Service that he was still requesting the removal of parking fees at Rainey Street car-park. He assured the Divisional Manager that he could expect the same request next year until this matter was resolved. Councillor Rev McCrea then asked what work was being carried out on major trunk routes.

In reply, Mr McFarlane said that work on the Fair Hill footpaths would be delivered in the early part of the summer and that the resurfacing should take place before the end of the summer holidays. He further stated that 90% of the first cut of grass had been completed but if there was a particular problem details should be given to him.

Mr Doherty said that regarding Councillor Rev McCrea’s query on trunk routes these were surveyed on a yearly basis but he stressed that Roads Service was not receiving enough Government funding to carry out all these schemes. He pointed out that with regard to parking fees, on-street charging was about to start in Cookstown and it could also be considered for Magherafelt.

Councillor Rev McCrea interjected by stating that this was another form of taxation and the full cover of the car parking fees sustained the cost in terms of maintenance, etc.

With regards to the Desertmartin traffic situation it was felt that the scheme to provide a pelican crossing and traffic calming when carried out should prove successful.

Mr Doherty noted Councillor Rev McCrea’s concerns about the new motorway scheme. He said that there could be a Public Inquiry, which if needed, would take place in the autumn of the year. With regards to the Magherafelt Bypass, Roads Service was currently developing a number of route options to facilitate the selection of a preferred alignment. It was hoped that the Statutory Notices would be published early in 2008 and, depending on the outcome of the public consultation a Public Inquiry might be required.

Councillor J F Kerr thanked Mr Doherty for his report. He enquired about the date for commencement of Phase 1 – provision of 330 metres of footway from Craigadick Park to Milltown Bridge, Maghera, the provision of lights at Craigadick Park and the provision of a link of footpath from to the GAA Grounds on the Road. He referred to the need for the finishing off of road signs and markings in housing estates , and enforcement issues which were non-compliant at ‘The Glynns’.

In reply, Mr Doherty said that the scheme at Craigadick was three-phase and that it would include lights to the A6, the other schemes were progressing and he promised to write to Councillor Kerr on the particular issues raised.

Councillor G C Shiels suggested that the Bypass for Magherafelt be considered as a ‘through- pass’ and follow along the traditional line. He felt that the solution to the bridge on the Pound Road could be resolved through a partnership approach with the Department of Agriculture. The development interest on the town side of Pound Road needed to be checked out.

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Councillor Shiels said that the residents of Brown Drive, O’Hara Terrace and Grove Terrace had requested traffic calming because of the number of buses, lorries, etc using this route through Maghera. He also referred to the footpath on the Ballyronan Road, Magherafelt which he described as narrow and requiring to be extended to Barnetts Crossroads and towards Ballyronan ideally.

In reply, Mr Doherty stated that assessments for the footpath extension on the Ballyronan Road would be carried out, and a tidy up of the footpath and the traffic calming for Brown Drive, O’Hara Terrace and Grove Terrace.

Mr Doherty noted the Councillor’s comments on the preferred line for the Magherafelt Bypass.

Councillor I P Milne welcomed the news on the realignment scheme for the A54 Ballymacombs Road, Portglenone. He referred to schemes for Ballynease Road and Road which did not appear on the schedule. He said that the upgrading of the Ballyscullion Road and Tamlaghtduff Road had not happened. Councillor Milne welcomed the 0.5km of bitmac resurfacing on the Ballyscullion Road and the footpath extension at McErlean Villas, Ballynease Road. He asked that these schemes be checked out particularly as there had been a commitment about 10-15 years ago regarding surface dressing and upgrading of the Ballyscullion and Tamlaghtduff Roads due to diversions around village. Councillor Milne also referred to further work on Bellaghy Main Street which would again lead to closure and further diversions using the Tamlaghtduff and Ballyscullion Roads.

Mr Doherty explained that realistically some of the problems in Bellaghy village were not Roads Service but Water Service issues. Road Service hoped to recover some costs but not all could come from the Roads Service budget. He would however check out the situation regarding the upgrading of these roads and would come back to the Councillor on the other issues raised.

Councillor J C Crawford referred to a footpath resurfacing scheme for village which was to take place in January 2007 but had not commenced and the contractors were blamed for the delay. He also referred to 60 metres of footpath at Innishrush village where a scheme had been promised and work was to start during the year, yet nothing had happened. Councillor Crawford stated that the grass cutting programme which was very badly behind in comparison with the area where all the grass had been cut, yet in the Magherafelt District where they had only managed to cut one swathe and not on all the roads.

Mr McFarlane explained that small value works proved to be very expensive and all such labour intensive work had been postponed to the end of the year in the hope of finding additional funding and to make best use of contractors. He said that he would come back on the Innishrush scheme and then added that 90% of grass had been cut in the area and one swathe was sufficient except in bends to open up visibility.

Councillor J J McPeake said that he appreciated the work done behind the scenes by Roads Service on Hall Lane, . He enquired about consultation with residents of Gulladuff village regarding traffic calming.

Mr Doherty said that there would be public consultation in July 2007.

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Councillor McPeake drew attention to the length of time it took to advance any work on schemes and he referred in particular to Brough Road/Glenshane junction which had been brought to Roads Service’s attention some thirteen months ago regarding serious accidents on this route and at the right turning lane on Brough Road, Castledawson with the A6, and yet nothing had happened. Councillor McPeake drew Roads Services’ attention to road surface damage at the water treatment work on Waterfoot Road, Ballymaguigan where there were problems with a culvert and a bump on the road which caused the nearby house to vibrate. He said that perhaps it was Water Service’s problem but ultimately it was Roads Service’s responsibility. Councillor McPeake enquired about street lighting at ‘Peace Haven’ estate, Rocktown where there were three or four dwellings and he felt that street lighting should be provided.

In reply, Mr Doherty said with regard to street lighting at ‘Peace Haven’, another house would qualify for lighting, the current situation did not qualify. He promised to come back to Councillor McPeake regarding his other queries.

Councillor J Campbell referred to Page 24 of the report and to the availability of blue badge bays in car-parks in Magherafelt and he referred in particular to Lower King Street and at the Fairhill, Magherafelt. He asked who had responsibility to ensure that these bays were used only by blue badge holders. Councillor Campbell also asked about car-parking fees and whether they could be enforced on Sundays and public and bank holidays. He said that many motorists were unsure and any notices displayed were small. Councillor Campbell also referred to the corner of the Rainey Street roundabout which had not been finished. He drew attention to missing links of footpath between Cullion School on the Iniscarn Road and on the Longfield Road at St Patrick’s Church and Moorside Villas. Councillor Campbell also referred to the narrowness of the Ballyronan Road footpath leading to Barnett’s crossroads particularly when many people were walking on this route for exercise and health.

Mr Doherty referred to previous mention of the footway and said that he could not comment until an assessment had been carried out but he wished to point out that a utility need held priority over amenity walking. He said that he would come back to the Councillor regarding the footpaths at Longfield and Iniscarn Roads, Desertmartin. The Northern Ireland Housing Executive, Mr Johnston from the Council and Roads Service were currently working together in order to resolve issues on ownership at Rainey Street roundabout.

The Chairman, Councillor P McLean asked if there could not be some means of screening off this area before an accident happened, a temporary arrangement for elderly people.

Mr Doherty said that with regard to car-parking fees exemption applied to normal non-trading days and action would be taken by traffic attendants if non blue badge holders park in blue badge bays in free charge car-parks.

Councillor E A Forde requested clarification regarding the schemes at Lane, on Page 26 of the report and Calmore Road on Page 32 of the report. The improved lighting along the front of a new development was required but traffic calming along this road was essential. She asked that traffic calming measures be considered outside Kilross Primary School and street lighting upgraded at Kilross. Councillor Mrs Forde said that a footpath on the right-hand side of the Draperstown Road from Tobermore village required resurfacing.

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In reply, Mr Doherty said that he would go back to Mr Cunningham regarding the traffic calming at Kilross school and have the situation reassessed and also at Calmore Road.

Mr McFarlane said that he would come back to Councillor Mrs Forde regarding the footpath on the Draperstown Road.

Councillor P J Bateson referred to the issues on the Waterfoot Road, Ballymaguigan and asked who was responsible. He referred to a blind corner at Gracefield Road junction where there was a blind, narrow and sharp corner which required attention and also at the Creagh Road/Aughrim Road junction.

Mr Doherty said that he would come back to the Councillors regarding damage at Waterfoot Road. He felt that the setting back of a hedge could alleviate problems at this sharp corner and at the junctions giving much better vision.

Councillor Miss K A Lagan referred to the A29 at Swatragh like Desertmartin where traffic calming measures at these primary schools should provide safer roads for children. She said that there was need for a pelican crossing at Drumbane Road because of the amount of traffic. Councillor Miss Lagan advised that business personnel on the Maghera side of had been requesting an extension of the traffic speed limit. She said that she was disappointed that no traffic calming had been provided at Noone Vale, Maghera Councillor Miss Lagan said that the absolutely ridiculous situation had arisen at Bradley Park when a ramp could not be provided at Bradley Park just because one person objected.

Mr Doherty said that the situation at Craigadick Road would be resolved this year without the Area Plan currently Roads Service had not concluded negotiations with the landowner. Regarding ‘The Glynns’ this was a long standing case the onus was however on the developer to deliver the service. It was a complex legal issue and on a point of principle Roads Service could not resolve the situation. In the light of one objector to the provision of a ramp at Bradley Park it was in Roads Service’s best interests to strike a balance and find a scheme which was to everyone’s satisfaction before it went ahead. Mr Doherty said he would assess the traffic situation in Swatragh under the new criteria for traffic calming.

Mr Doherty and Mr McFarlane retired from the meeting at 8.50 pm.

7 BUILDING CONTROL DEPARTMENT 210/6/2007

7.1 The Director of Building Control presented the Department’s report for the period 1 May to 1 June 2007 (copy previously circulated to each Member).

7.2 During the period of the report fifty-one applications had been recommended for approval. A total of one hundred and six applications required amending by Architects and Agents before granting approval.

Property Certificates

There were eighty Property Certificates issued for this period.

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Applications for Cancellation and Extension of Time

During this period there was one extension of time:

MA/2034/0466 – dwelling and garage at Motalee Road, Desertmartin for Ms Lisa Campbell.

Application for Notices and Regularisations

During the period from 1 May to 1 June 2007 there were six Notices and two Regularisations issued.

There were eighteen rejections:

MA/2067/0275 – extension to a dwelling at 46 Road, Desertmartin for Mr David Austin

Councillor Rev Dr R T Wm McCrea requested that this application be deferred until the next meeting of the Council.

MA/2067/0029 – erection of a dwelling at Bovedy Road, for Mr Tom Scullion.

Councillor Miss K A Lagan requested that this application be deferred until the next meeting of the Council.

MA/2076/0033 – erection of a dwelling and garage at Longfield Lane, Desertmartin for Mr Paul O’Hagan.

Councillor J Campbell requested that this application be deferred until the next meeting of the Council

MA/2067/0097 - extension of garage, store and play area at Gulladuff Road, Bellaghy for Mr Gerard Boyle.

Councillor J J McPeake requested that this application be deferred until the next meeting of the Council.

MA/2067/0139 – erection of a dwelling and garage at Gulladuff Road, Bellaghy for Mr William Lennard

Councillor I P Milne requested that this application be deferred until the next meeting of the Council

MA/2067/0165 – erection of a dwelling and garage at 34A Tullynagee Road, Moneymore for Mr Gordon Nesbitt

Councillor Rev Dr R T Wm McCrea requested that this application be deferred until the next meeting of the Council.

MA/2067/0175 – replacement dwelling and garage at 124 Moneymore Road, Magherafelt for Mr Cecil Farrell.

Councillor Rev Dr R T Wm McCrea requested that this application be deferred until the next meeting of the Council.

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MA/2067/0176 – replacement dwelling at Killyboggin Road, Magherafelt for Mr Clarke Stewart.

Councillor Rev Dr R T Wm McCrea requested that this application be deferred until the next meeting of the Council.

MA/2067/0177– erection of a dwelling and garage at 39 Garrison Road, Castledawson for Hancock Builders.

Councillor E A Forde requested that this application be deferred until the next meeting of the Council.

MA/2067/0183 – replacement dwelling at 40 Crewe Road, Maghera for Mr John Paul.

Councillor J Crawford requested that this application be deferred until the next meeting of the Council.

MA/2067/0190 – erection of a dwelling at 15 Moyard Road, Draperstown for Mr Kenny Bradley.

Councillor P E Groogan requested that this application be deferred until the next meeting of the Council.

MA/2067/0194 – erect of a dwelling at 56b Halfgayne Road, Swatragh for Mr John Mooney.

Councillor Mrs K A McEldowney requested that this application be deferred until the next meeting of the Council.

MA/2067/0199 – erection of a dwelling and garage at 135 Hillhead Road, Castledawson for Mr Henry Mackle.

Councillor J Campbell requested that this application be deferred until the next meeting of the Council.

MA/2067/0240 – erection of a dwelling and garage at Dunglady Road, Upperlands for Mr Pat Murray

Councillor P E Groogan requested that this application be deferred until the next meeting of the Council.

MA/2067/0259 – erection of a dwelling at 97A Fivemilestraight, Maghera for Mr Eugene Kelly.

Councillor Miss K A Lagan requested that this application be deferred until the next meeting of the Council.

MA/2067/0260 – erection of a dwelling and garage at 97 Fivemilestraight, Maghera for Mr Eugene Kelly

Councillor Miss K A Lagan requested that this application be deferred until the next meeting of the Council.

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MA/2067/0263 – extension to a dwelling and garage at 37 Tullynagee Road, Moneymore for Mr & Mrs Joseph Toner.

Councillor J Campbell requested that this application be deferred until the next meeting of the Council.

MA/2067/0278 – erection of a dwelling at 45 Disert Road, Draperstown for Altro Construction.

Councillor P E Groogan requested that this application be deferred until the next meeting of the Council.

It was agreed that in future the name of the applicant’s agent should be included on the rejection list appearing on Building Control reports

During this period sixty-nine applications had commenced on site and thirty-three applications were found to be complete in accordance with Building Regulations.

There were twenty-nine new Postal Numbers and Postcodes issued for private dwellings.

7.3 It was

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

RESOLVED: to adopt the report as submitted.

Mr Glendinning requested that he be allowed to bring forward an item under naming and numbering of streets. The Chairman agreed to this request.

8 NAMING AND NUMBERING OF STREETS PN.151/6/2007

Mr Glendinning requested that consideration be given to the naming and numbering of an industrial development at 100 Coleraine Road, Maghera for Mr J O’Hagan The name suggested by the developer was “Tamneymullan Enterprise Park”.

8.1 On consideration it was

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

RESOLVED: that the industrial development on Coleraine Road, Maghera be named ‘Tamneymullin Enterprise Park’.

9 LICENCES/REGISTRATIONS

9.1 Entertainment Licences: Submitted the following applications for Entertainment Licences which were in order and recommended for renewal:

E. 11 The Cellar Bar, 37 St Patrick’s Street, Draperstown Messrs Ryan Lagan & Seamus

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E.21 Moyola Park Golf Club, 15 Curran Road, Castledawson Mr S McKenna E.115 Diamond Bar, 9 Main Street, Tobermore Mr Walter L Richardson

9.1.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the applications as submitted be renewed.

9.2 Outdoor Entertainment Licences: Submitted the following applications for Outdoor Entertainment Licences which were recommended for approval pending favourable reports from all departments:

1 Plot known as ‘The Cut/The Pit’ – approximately 4 miles from Draperstown Glasgowbury Music Group 2 Brackagh Farm – Brackaghslievegallion Mr Alfred Hartley

9.2.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor J Crawford, and

RESOLVED: that the applications as submitted be approved subject to favourable reports being received from all departments.

9.3 Petroleum Licences: Submitted the following applications for Petroleum Licences which were in order and recommended for renewal:

S H Watterson (Engineering) Ltd P.01 Ms Joanne Donnelly, 80 Aughrim Road, Magherafelt Highfield Service Station P.06 Mr Kenny Bradley, 55 Moneymore Road, Magherafelt Bradley’s Filling Station P.11 Mr F P Bradley, 57 Tobermore Road, Desertmartin, Magherafelt O’Kane Cars Ltd P.28 Mr J O’Kane, 150 Hillhead Road, Castledawson, Magherafelt Heron Bros P.37 Heron Bros, 2 St Patrick Street, Draperstown The Garage P.47 Mr Thomas McGuigan, 6 Main Street, Swatragh Kirkpatrick Filling Station P.48 Mr Roland Kirkpatrick, 27 Main Street, Tamlaght O’Crilly Service Station P.52 Mr Brian McEldowney, 37 Kilrea Road, Upperlands McSorley Bros P.58 Mr Eugene I Clarke, 8 Tobermore Road, Draperstown Crossroads Filling Station P.59 Mr John Convery, 186 Drumagarner Road, Kilrea

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P.60 Bradley’s Service Station Mr K Bradley, 19 Coleraine Road, Maghera Millbrook Service Station P.61 Mr Stephen Dickson, 27 Desertmartin Road, Tobermore Stockman’s Filling Station P.75 Mr H Marshall, 10 Maghera Road, Tobermore Swatragh Filling Station P.97 Mr N McGrath, 17 Moneysharvin Road, Swatragh

9.3.1 On consideration it was

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

RESOLVED: that the applications as submitted be renewed.

10 PLANNING SERVICE

10.1 New Planning Applications:

Submitted the Divisional Planning Manager’s report dated 12 June 2007 (copy previously circulated to each Member).

H/2005/0706/F – Mr E Toner Approval

H/2005/1070/F – Mr J Donnelly The Planning Officer advised that there had been six objections to this application. The Planning Opinion was approval.

Councillor Rev Dr R T Wm McCrea stated that he had requested the Minister to meet with him to discuss apartment development at Highfield Road and at Westland Road. He referred to – Item 15 on the deferred list – Application H/2005/0689/F for 11 apartments. The date for this meeting had not yet been arranged, but in the interim he requested that this application be Deferred.

H/2005/1174/RM – F P McCann Developments Ltd Approval

H/2006/0387/RM – Mr T Scullion Approval

H/2006/0392/F – Mr M Gribben Approval. The Planning Officer advised that there had been five objections to this application.

H/2006/0585/O – Mr J Moran Deferred for one month on the request of Councillor P E Groogan for additional information – Criterion 5

H/2006/0672/F – Mr C Smith Approval. The Planning Officer advised that one objection had been received in connection with this application.

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H/2006/0833/F – Mr P Kelly Approval.

H/2006/0856/F – Mr G O’Brien Approval

H/2006/0935/F – Mr D McAtamney Approval

H/2006/0936/O – Mr I McMullan Approval

H/2006/0944/RM – Mr K O’Kane Approval.

H/2006/0949/F – S Elliott Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5.

H/2006/1026/O – Mr I Lawrence Approval

H/2006/1043/RM – Mullaghboy Construction Approval. The Planning Officer advised that there had been three objections to this application.

H/2006/1061/F – DMC Produce Approval

H/2006/1072/F – Mr P McFlynn Approval.

H/2007/0051/F – Mr Boyle Approval

H/2007/0057/O – Younger Homes Ltd Deferred for one month on the request of Councillor Miss K A Lagan for additional information – Criterion 5

H/2007/0078/F – Miss J McKenna The Planning Officer advised that this application had been withdrawn.

H/2007/0088/F – Mrs K Conway The Planning Officer advised that this application had been withdrawn.

H/2007/0104/RM – Mr D O’Hagan Approval

H/2007/0108/RM – Mrs E Armstrong Approval

H/2007/0116/F – Mr N Irvine Approval

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H/2007/0132/RM – Mr P McGrath Approval

H/2007/0134/F – Mr P Quinn Approval

H/2007/0147/RM – E McMaster Approval

H/2007/0149/RM – Ms N Hughes Approval

H/2007/0152/RM – H Glass Approval

H/2007/0154/F – Mr B Neeson Approval

H/2007/0155/F – H & C Lynn Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5.

H/2007/0156/F – Mr & Mrs D Craig Approval. The Planning Officer advised that there had been one objection to this application.

H/2007/0172/F – Mr S Doherty Approval

H/2007/0173/F – Mr & Mrs M Porter Approval

H/2007/0181/RM– Mr D Fulton Approval

H/2007/0191/F – Mr F Lennox Approval

H/2007/0193/F – Mrs G McGlone Approval

H/2007/0195/F – M O’Neill Approval

H/2007/0219/F – Mr S C Mulholland Approval

H/2007/0223/F – Mr M McLarnon Approval

H/2007/0226/O – Mr W Smith Approval

H/2007/0231/RM – Mr C J Convery Approval.

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H/2007/0239/F – Mr Close Approval.

H/2007/0241/RM – J A Flanaghan & Sons Approval.

H/2007/0242/RM – Shivenside Developments Approval

H/2007/0244/O – Mr L O’Kane Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2007/0248/RM – Mr & Mrs S Butcher Approval

H/2007/0256/RM – Mr H Mulholland Approval

H/2007/0258/F – Mr & Mrs N Montgomery Approval

H/2007/0259/RM – Mr R Bradley Approval

H/2007/0260/F - Mr D Morrow Deferred for an office meeting on the request of Councillor G C Shiels – Criterion 5.

H/2007/0261/F – J Crawford Approval

H/2007/0262/F – Mr J Lee Approval

H/2007/0264/F – Northern Ireland Electricity Approval

H/2007/0266/RM – Mr G Diamond Approval

H/2007/0267/O – Mr R Niblock Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5. The Planning Officer advised that nine objections had been received in connection with the application.

H/2007/0269/RM – Mr M J Walls Approval.

H/2007/0270/F – Mr J McCloy Approval.

H/2007/0271/F – Mr K McEldowney Approval

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H/2007/0272/F – Mrs R Hamilton Approval

H/2007/0274/F – Mr S Austin Approval

H/2007/0275/F – Mr B McPeake Approval

H/2007/0278/F – D McKenna Approval

H/2007/0280/F – C-Tec Engineering Approval

H/2007/0281/F – Willstan Ltd Approval

H/2007/0282/F – Mr D Watters Approval

H/2007/0293/A – Willstan Ltd Approval

H/2007/0294/F – Mr B McGeehan The Planning Officer advised that this application had been withdrawn.

H/2007/0296/F – Mr P Hughes Approval

H/2007/0305/F – Mr J Mawhinney Approval

H/2007/0307/F – Northern Ireland Housing Executive (Mr W Young) Approval

H/2007/0308/O – Mr B McClean Deferred for an office meeting on the request of Councillor J Crawford – Criterion 5

H/2007/0309/RM – Mr J Mooney Approval

H/2007/0315/F – Mr A Kielt Approval

H/2007/0316/F – Mr & Mrs P Harris Approval

H/2007/0317/RM – Mr M McGilligan Approval

H/2007/0321/F – Mr E Higgins Approval

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H/2007/0323/F – Northern Ireland Electricity Approval

H/2007/0324/F – K O’Kane Approval

H/2007/0327/F – Northern Ireland Electricity Approval

H/2007/0330/O – Mr P Duggan Deferred for an office meeting on the request of Councillors J J McPeake and O T Hughes – Criterion 5

H/2007/0331/F – Northern Ireland Electricity Approval

H/2007/0333/F – Gary and Kelly Quinn Approval

Applications Deferred from Previous Meeting:

H/2004/0491/O – Mr P Campbell Approval. The Planning Officer advised that one objection had been received in connection with this application.

H/2004/0895/O – Mr B McCullagh Approval.

H/2005/0267/O – William & Carole Barnett Refusal.

H/2005/0274/O – Mr J Mulholland Approval

H/2005/0355/O – Mr D Bradley Refusal

H/2005/0427/O – Mr I Austin Refusal. The Planning Officer advised that one objection had been received in connection with this application.

H/2005/0497/F – Mr J Doherty The Planning Officer advised that Planning Service had withdrawn its opinion in order to consider further information from other departments.

H/2005/0523/O – Mr S Irwin Approval

H/2005/0527/F – Mr P Diamond Refusal

H/2005/0528/O – Mr P McEldowney Refusal

H/2005/0544/O – Mr J Convery Refusal. 18

H/2005/0549/O – Mr B Simpson Refusal

H/2005/0613/F – Mr J Buchanan Refusal

H/2005/0617/O – Mr S Gillan Refusal

H/2005/0689/F – Mr J Donnelly Councillor Rev Dr R T Wm McCrea requested that the Planning Service hold the issue of the approval certificate until the meeting had been held with the Minister regarding apartments (ref: Application H/2005/1070/F)

H/2005/0747/F – Mr A Duggan Refusal

H/2005/0803/O – Mr J Palmer Refusal

H/2005/0825/O – Mr W Young Refusal

H/2005/0828/O – Mr V McAtamney Refusal

H/2005/0908/O – K Elliot Refusal

H/2005/0984/O – Mr M Scullion Refusal

H/2005/1024/O – Mr P Regan Refusal

H/2005/1104/O – Mrs K Bradley Refusal

H/2005/1134/O – Chris O’Kane and Pamela Smith Refusal

H/2005/1168/O – Mr M Hanna Approval

H/2005/1170/O – Mr M Hanna Refusal

H/2006/0066/O – Ms M Hemmings Refusal

H/2006/0162/F – Mr K Duggan Councillor J J McPeake requested that the Planning Service hold the issue of the decision to refuse for two weeks to allow the applicant’s agent to submit a revised access drawing.

H/2006/0185/O – Mr Birt Refusal 19

H/2006/0204/O – D Toner Refusal

H/2006/0276/F – Mr B Convery The Planning Officer advised that Planning Service had withdrawn its opinion in order to consider further information from other departments.

H/2006/0693/F – Mr E Cassidy Councillor J J McPeake requested that the Planning Service hold the issue of the decision to refuse for two weeks to allow the applicant’s agent to submit a revised scheme.

H/2006/0755/F – Mr G McSorley Approval

H/2006/0776/O – Mr A Derby Refusal

H/2006/0829/F – Ms M McGlone Approval

H/2006/0946/F – Mr W Nesbitt Refusal

H/2006/0976/O – Mr P Leyden Refusal

H/2006/0994/F – Mr J Walsh Approval

H/2006/1034/F – Mr A Shiels Refusal

H/2007/0054/F – A & H Tohill Councillor J F Kerr requested that the Planning Service holds the issue of the decision to refuse for two weeks to allow for the submission of further information.

H/2007/0207/F – Mr P Grimes Approval

10.2 It was

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

RESOLVED: that the Planning Report dated 12 June 2007, subject to the above conditions and amendments, be adopted.

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10.3 It was further

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

RESOLVED: that the Planning Service be authorised to issue non-contentious approvals in respect of applications for the District which would normally appear on the July planning schedule.

The Planning Officer retired from the meeting at 9.20 pm.

10.4 Submitted letter from the Chief Executive of the Planning Service dated 24 May 2007 enclosing further revised guidance on planning applications and the operation of the Management Board Referral Process (copy previously circulated to each Member).

Noted.

10.5 Submitted letter from Taylor Patterson, Chartered Surveyors in connection with a proposed O2 Radio Base Station at Service Reservoir, Draperstown (copy circulated to each Member).

Noted.

11 ENVIRONMENTAL HEALTH DEPARTMENT 196/6/2007

Mr R Beattie, Assistant Chief Environmental Health Officer submitted the report for the month of May 2007 (copy previously circulated to each member). The following matters were brought to the attention of the Council:-

11.1 Public Health (Ireland) Act 1878 Mr Beattie stated that a dwelling at No 94 Lismoyle Road, Swatagh was inspected and the following items were considered to be prejudicial to the health of the occupants:

1 Penetrating dampness to the dwelling due to warped and decayed windows to the scullery, shower Room, rear bedroom, left bedroom (rear window) and sitting room (rear window). 2 Penetrating dampness to the dwelling via decayed and warped front door and frame.

Mr Beattie recommended that the Council consider issuing a Statutory Abatement Notice on the landlord of the property, Mr Barry Turner, 78a Gorteade Road, Swatragh requiring him to carry out the following works within 6 months:

1 Replace the windows to the scullery, shower room, rear bedroom, left bedroom (rear window) and sitting room (rear window). 2 Replace the front door and frame.

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It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor I P Milne, and

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

1 Replace the windows to the scullery, shower room, rear bedroom , left bedroom (rear window) and sitting room (rear window). 2 Replace the front door and frame.

11.2 It was

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

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

12 OPERATIONAL SERVICES DEPARTMENT 322/6/2007

Submitted report by the Director of Operations for the month of May 2007 (copy circulated to each Member).

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

12.1 Development Department

12.1.1 EU Programme for Peace and Reconciliation Events and Festivals Funding – 4th Round

It was

PROPOSED by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the Council would accept the recommendations of the evaluation panel and award grant-aid as detailed in the report.

12.1.2 Gulladuff Play Area

It was

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

RESOLVED: that the Council would accept the proposals submitted in the report for upgrading of Gulladuff Play Area; from a Grade 4 play area to a Grade 3 play area, at a cost of £25,512 plus VAT.

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12.2 Leisure Services

12.2.1 Catering Franchise

It was

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

RESOLVED: that the Council would delegate authority to award the Catering Franchise Contract to the Party Leaders, at their meeting scheduled for June 2007.

12.3 Technical Services

12.3.1 Vandalism

Mr Johnston stated that in the report, at vandalism, he had advised the Members that bonfire material continued to accumulate at Mill Park, Tobermore. He stated that the Members would be aware that this bonfire had been the subject of discussion by Council at its meeting on Tuesday, 8 May 2007, and at this meeting it had been resolved that the officers would meet with the local Councillor for the area to discuss the matter.

Mr Johnston confirmed that in accordance with Council’s instructions the officers had met with Councillor Mrs Forde. He stated that following this discussion it was felt that the way forward may be a Community Relations led approach with the first actions being to bring together all relevant parties and individuals, both those for and those against the bonfires, basically to discuss the issues and to assess where we go from here. Mr Johnston advised that Councillor Mrs Forde had embraced this proposal and was actively working with here community to progress this matter.

Mr Johnston stated that all had to accept that bonfires were unlikely to go away and therefore the objective would be to get agreement within the community whereby the bonfires could be celebrated by some, tolerated by others and organised in such a manner that would not expose the Council to confrontation with the Environment and Heritage Service (EHS). He advised that at this point he did not want to set pre-conditions but this proposal would probably mean alternative sites having to be found for the majority of bonfires with the level of Council involvement, if any, in such sites being an issue for further discussion.

Mr Johnston stated that in his view the EHS should be involved in these discussions at an early stage, as the transport, storage and burning of waste was their remit and against the law unless a Waste Management Licence was in place or a Waste Management Licence Exemption had been issued by the EHS. He stated that the EHS had accepted, in fact had stated in writing, that they appreciate the considerable difficulties being faced by Councils in dealing with bonfires and therefore he felt they should be involved in what the Council was trying to do from the very beginning of the process. In his opinion it would also be appropriate to involve the P.S.N.I, the Community Safety Partnership, the Orange Order and whoever else could contribute to the discussion.

Mr Johnston stated that a resolution on the issue of bonfires would almost certainly not be in place to address this year’s 12 th of July bonfires and in fact a resolution may never be found that would achieve widespread support, however he suggested that if the Council was not ignoring the situation and was prepared to seek a solution to an issue that was a problem for most Councils throughout Northern Ireland.

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It was

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

RESOLVED: that the Council would adopt a Community Relations led approach to progress the issue of bonfires.

12.3.2 New Work and General Maintenance

Mr Johnston that in the report he had informed Council that the officers were currently seeking the residents’ view regarding the removal of the tarmac football pitch at Sperrin View, Magherafelt. He advised that this survey had now been completed and had taken the form of a questionnaire. In this questionnaire the residents were informed that Magherafelt District Council had agreed a 25 year lease with Magherafelt Sky Blues F.C. for the use of Queen’s Avenue football pitch, and therefore the grass area available to the public at this site has been significantly reduced. In light of this and for health and safety reasons the Council were proposing to remove the enclosed hardcore football pitch at Sperrin Drive and sow the area out in grass.

Mr Johnston advised that all residents in Sperrin Drive and the residents living in Leckagh where their properties fronted the said pitch were asked for their views on this proposal (approximately 30 properties). Mr Johnston stated that with the exception of two properties which expressed no preference, all were in favour of the tarmac football pitch being removed and the area sown out in grass.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor I P Milne, and

RESOLVED: that the Council would remove the tarmac football pitch area at Sperrin View and sow the area out in grass.

12.3.3 Bus Shelters

It was

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

RESOLVED: that the Council would seek planning permission from the Department of Rural Development regarding the erection of a bus shelter at Main Street, Tobermore.

12.3.4 Re-use Proposal with Rethink and New Style Furniture

It was

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

RESOLVED: that the Council and the National Schizophrenic Fellowship would work together to reduce the amount of old furniture, etc. that is currently going to landfill through the Council’s Civic Amenity Sites.

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12.3.5 Culnady Primary School

It was

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

RESOLVED: that to avoid setting a precedent the Council had no option but to refuse Culnady Primary Schools’ request for swimming pool tickets to use in a raffle.

12.3.6 St Mary’s Primary School

It was

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

RESOLVED: that to avoid setting a precedent the Council had no option but to refuse St Mary’s Primary School, Maghera’s request for a donation to improve their playground.

12.3.7 Calvery Free Presbyterian Church

Councillor Rev Dr R T Wm McCrea declared an interest.

On consideration it was

PROPOSED by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the Council would grant Calvery Free Presbyterian Church permission to hold a ‘fun night’ at Tobermore Golf Driving Range, subject to the normal insurance and health and safety issues being addressed to the satisfaction of the officers.

12.3.8 Rural Housing Association

It was

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

RESOLVED: that the portion of Council owned land at Carnview/Upperlands Road, Swatragh was surplus to requirements and would be sold either by agreement or on the open market, and this resolution should be progressed by the Council’s Legal Advisor and the Valuation Officer.

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12.3.9 Fleming McKernan Associates

It was

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

RESOLVED: that the Council having resolved that the portion of land at Carnview/Upperlands Road, Swatragh was surplus to requirements and would be sold either by agreement or on the open markets any decision that could potentially effect the property (e.g., access from Upperlands Road) would be delayed until this matter was progressed by the Council’s Legal Advisor and the Valuation Officer.

12.3.10Magherafelt Sky Blues Football Club

It was

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

RESOLVED: that the Council, having agreed to lease this facility to Magherafelt Sky Blues Football Club would permit the Club to commence development work immediately at this site, subject to suitable conditions being agreed between the officers and representatives of Magherafelt Sky Blues Football Club.

All other it items were noted by the Council.

Mr Johnston sought the Chairman’s permission to raise an additional item.

The Chairman agreed to this request.

12.3.11Magherafelt Arthritis Care

Mr Johnston advised that he had received correspondence from the Chairperson of Magherafelt Arthritis Care, to advise that the group were celebrating the 21st anniversary of their organisation and to mark this occasion they would like to provide/erect a summer seat in the Magherafelt town centre area.

It was

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

RESOLVED: that the Council would erect a summer seat provided by the Magherafelt Arthritis Care Group in the Magherafelt town centre area, to mark their 21st Anniversary.

12.3.12 Councillor I P Milne advised that he had been contacted by a number of land owners in the area regarding the proposed extension to the Council’s Coarse Fishing facility at Portglenone, and asked for an update regarding this matter.

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Mr Johnston stated that the procedure had stalled because one landowner refused to participate in the scheme. He stated that this landowner owned at least 8 fields along the river and therefore it was accepted that if his permission was not forthcoming the project was not viable, basically the Council required the consent of all landowners to proceed with this scheme.

Mr Johnston advised that there was also a problem of erosion of the river banks, as much as 1 foot per year, and in these circumstances it may not be possible to construct fishing points in these areas. There had been a suggestion that this matter should be referred to a structural engineer but it was envisaged that the cost of his/her services in compiling a report and the solution he/she would almost certainly recommend would cost hundreds of thousands of pounds.

Mr Johnston in his final comment regarding this matter stated that the Council had now reached the stage; infact may be beyond the stage, where it may be necessary to refurbish the existing fishing points, again at a considerable expense to the Council.

In conclusion Mr Johnston stated that he felt that the best way forward in this matter would be to allow the officers to investigate the entire situation, i.e. the existing fishing points, their use (basically was there a need for additional fishing points), their state of repair, the present position regarding landowners on the proposed extension, the position regarding the erosion of the banks and the estimated costs of dealing with the whole issue, including the availability of grants. He felt that this would allow the Council to decide how they wished to progress this matter.

It was

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

RESOLVED: that in order to allow the Council decide how to progress the coarse fishing facility at the Lower Bann (Glenone) the officers would fully investigate all issues relevant to the existing fishing points, and the proposed extension, and compile a report for the consideration of the Council.

12.4 It was

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

RESOLVED: that the report as submitted be adopted.

12.5 Councillor J Campbell requested an update regarding sports grants.

Mr Johnston stated that he would prepare a document for consideration by Members for the August Council meeting.

13 PAYMENT OF ACCOUNTS 6/2007

Submitted Statement of Expenditure setting out payments to be made during the month of June 2007 (copy circulated to each Member).

The schedule provided for £797,533.87 out of the Revenue Account and £473,029.20 out of the Capital Account.

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13.1 On consideration it was

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

RESOLVED: to approve the Statement of Accounts as submitted for June 2007.

14 FINANCIAL CONTRIBUTIONS 56/6/2007

Consideration was given to the following letters of application for financial contributions from:

14.1 St Colm’s Gaelic Athletic Club, Ballinascreen: Submitted a letter dated 15 May 2007 from the Club’s Chairperson seeking financial assistance for the team’s trip to represent their county in the All Ireland competition (copy circulated to each Member). The letter intimated that the cost to the Club would be in excess of £6,000.

14.1.1 On consideration it was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the Council make a contribution of £200 towards the expenses incurred by the team in participating in the All Ireland competition.

14.2 Emergency Medical Services: Submitted a letter dated 17 May 2007 from Mr Tom Gourley seeking financial assistance through the provision of accommodation in the Council Offices to facilitate the running of First Aid courses for new volunteers within the Magherafelt area (copy previously circulated to each Member).

14.2.1 On consideration it was felt that the Council could not facilitate the request for accommodation but it was

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

RESOLVED: that the Council make a contribution of £200 towards the Emergency Medical Services’ expenses in providing First Aid courses.

14.3 Shauna-Marie Diamond, Castledawson: Submitted a letter requesting funding for course fees, etc in connection with the offer of a placement in ‘Grace Online’ a Youth Music Theatre UK project 2007 to be held in Plymouth (copy of letter and offer of placement previously circulated to each Member).

14.3.1 On consideration it was resolved that as the Council did not provide bursaries for students and the request did not satisfy the criteria necessary to obtain financial assistance the letter be marked “read”.

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14.4 Desertmartin & District Farming Group: Submitted a letter dated 21 May 2007 from the Secretary seeking the Council’s support by the donation of flowers and/or plants for a proposed modest size natural stone flower bed near to the event venue at Brachagh Bridge. This flowerbed would be built by one of the crafts persons on the day of the event of Country Crafts on Saturday, 30 June (copy of letter previously circulated to each Member).

14.4.1 On consideration it was agreed that, the Council would be setting a precedent by providing flowers or plants for such an event. As this was the first event of the cross-community group, their letter of application should be forwarded to the Community Relations Department to be considered for Community Relations funding.

14.5 Kim Pitts, Cookstown: Submitted a letter from Kim Pitts, Cookstown advising that in recognition of her achievements in bowling the Irish Women’s Bowling Association had recently selected her to play for Ireland in the British Isles International Series staged in Wales from 16 – 22 June 2007. As a member of Magherafelt Ladies Bowling Club, Ms Pitts was requesting funding to assist her with financial costs of this trip (copy of letter and enclosure previously circulated to each Member).

14.5.1 On consideration it was agreed not to make a contribution, firstly because the applicant lived outside the Council’s area, even though she played with a local club, and secondly, a donation in the current financial year was paid to the Irish Women’s Bowling Association in respect of Margaret Johnston’s participation at international level.

14.6 Liam Duggan, Bellaghy: Submitted a letter from Liam Duggan requesting partial funding for a youth leadership scheme travelling to Cyprus in July through the Spirit of Enniskillen project (copy circulated to each Member).

14.6.1 On consideration it was resolved to mark the request “read” as the Council did not provide student bursaries and Mr Duggan’s request did not satisfy the criteria for funding from the Council.

14.7 Children with Leukaemia: Submitted a letter from Mr Phillip Schofield dated 21 May 2007 requesting a donation from the Council towards the Children with Leukaemia’s 20 th Amazing Great Children’s Party (copy circulated to each Member).

14.7.1 On consideration it was

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

RESOLVED: to make a contribution of £500 towards the event.

14.8 O’Donovan Rossa GAC – U-14 Ladies & Boys Football Teams: Submitted letters from the Club Secretary, O’Donovan Rossa GAC informing the Council of the success of the U-14 boys Gaelic Football team and U-14 ladies Gaelic Football team in that they would represent Derry and compete in the All-Ireland Feile na nOg competition. The competition would take place between the 29 June and 1 July 2007and the amount incurred by each team would be in excess of £6,000 (copies circulated to each Member).

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14.8.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor P E Groogan, and

RESOLVED: to make a contribution of £200 towards the teams’ expenses.

14.9 Miss Frances McCann – Black Ball Championship: Submitted correspondence from Councillor Miss K A Lagan seeking financial assistance on behalf of Frances McCann’s participation in the 2007 Black Ball European Championships in Willingen, Germany from 21 – 26 August 2007.

14.9.1 On consideration it was

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

RESOLVED: that a contribution of £200 be made to the Northern Ireland Special Pool Association to be used towards Miss McCann’s expenses in participating in the 2007 Black Ball European Championships.

15 ECONOMIC DEVELOPMENT

15.1 Submitted a proposal for future bids for Rural Development, PEACE and Lottery funding from Magherafelt Area Partnership:

That Council endorses in principle, the recommendation from Magherafelt Area Partnership for a joint approach from Magherafelt, Cookstown and Dungannon for bids to:

• The new Rural Development Programme • PEACE III (focus on migrant workers) • Lottery Applications – including Safe and Well (focus on older people)

DARD had confirmed that belonging to a cluster would have no relevance or implications in regard to the eventual outcome of RPA.

The plan, if approved by the new Minister, was to give each existing Council a sum of “animation funding” to be used to draw up the new rural strategy. Councils would be asked to indicate which cluster they wished to belong to.

15.2 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor G C Shiels, and

RESOLVED: to adopt in principle the recommendation from Magherafelt Area Partnership for future bids for funding.

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16 NOTICE OF MOTION:

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

“That this Council forms a “Community Development” Committee to assist in the many aspects of community development within our district”.

Councillor P J Bateson seconded the motion.

Councillor McPeake said that the reason for his motion was the need for a group to support the community and provide best practices in all aspects and lifestyles of citizens. He said that Oakleaf facilitated major groups but he had more in mind the networking together between estates. Councillor McPeake referred to the whole issue of the Review of RPA and community planning, which Councillors in general had little experience of, and suggested that such a group could go a long way. When the group was formed it could act as facilitators for community planning and development. He felt that this group would perform a different role from Sean Henry, the Community Relations Officer, in that this particular officer had to be someone out on the ground especially in Magherafelt.

Councillor Rev Dr R T Wm McCrea said that such a motion was premature as the Council did not know the remit of RPA and had no clear understanding of where it was going.

Councillor McPeake said that he felt it was imperative that Members became involved in community development. He said that RPA would involve community planning for some sort and Members should educate themselves, there was nothing to fear.

The Chairman, Councillor P McLean said that currently everyone was part of this.

Councillor J F Kerr disagreed, saying that in practice they were not and they needed a mechanism to become more involved. Members should be proactive and he felt that with RPA this was a good time to get involved.

Councillor Miss K A Lagan enquired if this committee was all about community development, could there not just be a community office, not another partnership, when something specific could be carried out.

The Chairman, Councillor McLean said that he felt that community development could be advanced on a one-to-one basis with the statutory agencies. Every Councillor should be involved and issues could be brought along to the full Council meeting.

Councillor Miss Lagan pointed out that the statutory agencies and voluntary groups offered services along with the Council’s Community Relations Officer.

Councillor Rev McCrea interjected by saying that actually the Council was involved in community development. A committee could be set up but in reality it might not take it one step forward. Those on the ground would be more involved with community development and the overall plan.

Councillor P J Bateson said that there was a multitude of talents but there was also need on the process. There was a lot of work not tied up, or statutory and voluntary bodies and Council not making the right contacts.

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Councillor Miss Lagan then enquired if those supporting the Motion could be specific in what was needed.

Councillor McPeake said that it was an open agenda, everything could be discussed.

Councillor Miss Lagan stated that really there was no agenda just a plethora of ideas.

Councillor McPeake said that there was no one mechanism and gave the example of migrant workers and the difficulty in accommodating them and providing services.

Councillor Miss Lagan again suggested that a Field Officer was all that was required.

Councillor McPeake stated that there still required to be a mechanism and dialogue for carrying out this work.

On a vote being taken 8 Members voted for the motion, 8 Members voted against, voting being by show of hands. The Chairman gave his casting vote against the motion and declared the motion lost.

17 ROADS SERVICE

Submitted letter, draft order and details in relation to the proposed abandonment of roadway at Creagh Road, Castledawson for information (details previously circulated to each Member).

On consideration the details were noted.

Councillors O T Hughes and I P Milne retired from the meeting at 10.00 pm.

18 MEMBERS’ SERVICES COMMITTEE

18.1 It was

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

RESOLVED: that the Minutes of the Members’ Services Committee held on Monday, 14 May 2007 (copy previously circulated to each Member) be taken as read and signed as correct.

18.2 Matters Arising Out of the Minutes:

The Chief Executive gave an outline of the discussion and recommendations made. Regarding responsibility allowances it had been agreed to recommend that the Council pay the following amounts of Special Responsibility Allowance:

Chairman £4,000 Vice-Chairman £2,000 Directors of MAP £3,500 each.

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Members had also agreed to leave the procedures for the nomination of Members to attend Courses and Conferences unchanged. The update on Women in Local Councils given by the Chairperson, Councillor Miss K A Lagan had been noted. It had also been agreed that to recommend that the Council would issue new laptops/computers to the Members.

Councillor G C Shiels proposed that Members also receive Broadband.

The arrangements for IT training for Members had been noted.

It was

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

RESOLVED: that the recommendations made by the Members of the Members’ Services Committee at its meeting on 14 May 2007 be adopted. It was also further agreed that Broadband be provided for Members.

19 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

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

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

20 MEMORIAL TREE SCHEME

This item was taken “In Committee”.

21 STAFF MATTERS

This item was taken “In Committee”.

22 LEGAL MATTERS

There were no legal matters.

23 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

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

RESOLVED: that proceedings be resumed in “Open Council”. 33

Proceedings in “Open Council”

It was

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

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

24 SEALING OF DOCUMENTS

The Chief Executive reported that there were no items for sealing.

25 FOR THE INFORMATION OF MEMBERS

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

(a) Minutes of Meetings of the Northern Eastern Education and Library Board held on Tuesday, 24 April 2007. (b) Minutes of Meeting of the Northern Health and Social Services Board held on Thursday, 15 March 2007. (c) Copy of the Housing Executive’s ‘Rural Action Plan’ summarising actions which the Housing Executive will implement in the first two years of the 5-year policy. (d) Copy of the Local Government Staff Commission’s Corporate Plan 2007-09 and Business Plan 2007-08.

The meeting concluded at 10.20 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

______(Date)