Magherafelt District Council

MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 13 April 2010. The meeting commenced at 7.40 pm.

Presiding: J J McPeake

Other Members Present: P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes J F Kerr Miss K A Lagan Rev Dr R T Wm McCrea MP, MLA (joined the meeting at 8.20 p.m.) Mrs K A McEldowney P McLean I P Milne Miss B Scullion G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) A Cassells (Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) A Boyle (Deputising for Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance

UNISON: Sean Dorrity

DoE Planning Service:

Mr Melvin Bowman – Planning Officer

1 Minutes

1.1 Minutes of Meeting of the Council held on Tuesday, 9th March 2010

1.1.1 It was

Proposed by Councillor O T Hughes Seconded by Councillor P McLean, and

Resolved: that the Minutes of the Council Meeting held on Tuesday, 9th March 2010 (copy previously circulated to each Member) be taken as read and signed as correct.

2 Matters Arising Out of the Minutes

2.1 Submitted letter of thanks from Sandra Adams, former Planning Officer thanking Council for the flowers presented to her at the previous Council meeting.

2.2 Submitted letter of thanks from the Northern Ireland Association for Mental Health for the donation received from the Council.

2.3 Submitted letter of thanks from Cancer Research NI (Maghera Branch) for the donation received from the Council.

2.4 Submitted letter of thanks from Cruse Bereavement Care for the donation received from the Council.

2.5 Submitted letter of thanks from Camphill Communities Trust (NI) for the donation received from the Council.

2.6 Submitted letter of thanks from the Special Olympics Ireland Ulster for the donation received from the Council.

2.7 Submitted letter of thanks from the Multiple Sclerosis Society for the donation received from the Council.

2.8 Submitted letter of thanks from the Lavey Senior Camogie Team and Management for the Civic Reception which the Council provided.

2.9 The Chief Executive informed Members that he had received a letter from Michael McGimpsey MLA – Minister for Health, Social Services and Public Safety in relation to the recent Meeting that Councillors from Magherafelt and Cookstown had held regarding clarification of position of GP Out of Hours (OOHs) services in Moneymore.

2.10 In his letter Mr McGimpsey said that he appreciated the concern of Councillors and that there was currently an ongoing review of OOHs services with a view to establishing a regional OOHs service for NI. He further intimated that no decision had been made regarding the future provision of OOHs service in Moneymore and that he wished to assure Councillors that careful consideration to the proposals would be given in order to provide a safe, effective and efficient service.

Noted

3 UNISON Presentation

3.1 The Chairman, Councillor J J McPeake welcomed Mr Sean Dorrity and asked him to proceed with the Presentation.

3.2 Mr Dorrity briefly outlined to Members how Local Government Staff pay was negotiated by the National Joint Council and explained that Public Sector Workers had been told that there would be a pay freeze in the current year. He further explained that, as inflation was presently recorded as 3.7%, this in essence meant that public sector workers were taking a 3.7% pay cut which Unison felt was unacceptable. He went on to outline what Unison were doing in relation to the situation and requested that the Council write to Councillor Spratt who represented Local Government in Northern Ireland on the National Joint Council to lobby and indicate their support for a 2% pay rise for public sector workers.

3.3 The Chairman, Councillor J J McPeake, thanked Mr Dorrity for his detailed presentation and, noting that Councillor Spratt had been nominated to represent the interests of district councils in Northern Ireland on the NJC, sought clarification of what Councillor Spratt’s position was in relation to Unison’s request. Mr Dorrity informed the Chairman that Councillor Spratt’s view was that there should be no increase.

3.4 Councillor Kerr also thanked Mr Dorrity for his presentation and enquired as to how many people he was talking about. Mr. Dorrity replied that he was referring to all school support staff, housing executive and council workers.

3.5 Councillor McLean said that, although he didn’t disagree with Mr Dorrity’s comments in relation to the impact of a pay freeze, one had to appreciate that the private sector was also facing massive problems and to reward a pay increase for the public sector could be seen to be sending out an inappropriate message. Affordability was also an issue.

3.6 Mr Dorrity explained that when the private sector was going good the public sector were still only getting 1 and 2% pay rises each year. He said public sector workers were not earning big money and that they were the back bone of the community.

Mr Dorrity retired from the meeting at 8.00pm.

3.7 Members discussed the issues raised by Mr Dorrity and were generally sympathetic to the Group that Mr Dorrity represented.

3.8 The Chief Executive advised the Members that, given that the Council had recently implemented a significant increase in the district rate, local businesses would be unlikely to be receptive to Council being supportive of further pay increases for staff. He also pointed out that staff pay was only one element of the staff cost that Council faced. Collectively National Insurance costs and superannuation costs now represented a significant cost to the Council.

3.9 It was

Proposed by Councillor J F Kerr, Seconded by Councillor P J Bateson

That: the Council write to Councillor Spratt to confirm that it does not support the proposed pay freeze for public sector workers as it would, in effect, represent a 3.7% pay cut when inflation is considered.

Councillor McLean stated that, given the present economic climate, any proposal other than to have a pay freeze would be unaffordable and he suggested that the Council should simply note Mr Dorrity’s comments.

3.9.1 On a vote being taken, 10 Members voted in favour of the Motion, 5 voted against, voting being by show of hands. The Chairman declared the Motion carried.

4 BUILDING CONTROL DEPARTMENT

The Director of Building Control presented the Department’s report for the period 1 March 2010 to 26 March 2010 (copy previously circulated to each Member)

4.1 During this period thirty-two applications had been recommended for approval and one hundred and thirty-five applications required amending by Architects and Agents before granting approval.

4.2 During the period from 4 March 2010 to 30 March 2010 four applications had been recommended for rejection.

4.3 Applications for Notices and Regularisations

During the period from 1 March 2010 to 26 March 2010 there was one Regularisation issued.

During the period from 1 February 2010 to 28 February 2010 thirty-two applications have commenced on site and twenty-eight applications were found to be complete in accordance with Building Regulations.

4.4 Naming and numbering of Streets

During the period from 1 February 2010 to 28 February 2010 twenty new Postal Numbers and Postcodes were issued for private dwellings.

4.5 Property Certificates

There were thirteen Property Certificates issued for this period.

4.6 It was

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

Resolved: to adopt the report as submitted.

5. Licences and Registrations

5.1 Entertainments Licences:

Submitted the following applications for an Entertainments Licence which were recommended for renewal:

E.34 Fallagloon AOH Community Hall, 189 Glen Road, Maghera – Mr Sean Doherty

E.48 Gracelands Bar & Steakhouse, 179 Shore Road, Ballyronan – Ms Sharon Smith

E.13 Newbridge Youth Club, Blackpark Road, Newbridge – Mr Jim Murphy

E.12 St Colm’s GAC Social Centre, 6 Corrick Road, Draperstown – St Colm’s GAC

E. 47 St Oliver Plunketts GAC Pavillion, Mayogall Road, Clady, - Mr Paul Downey

5.1.1 It was 6

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

Resolved: to approve the applications as submitted.

6 Planning Service 185/04/2010

6.1 New Planning Applications:

H/2009/0428/O – Mr D Darragh Approval

H/2009/0467/O – Mr S Henry c/o Architectural Services Approval

H/2009/0518/F – R & E Rainey c/o McGurk Chartered Architects Approval

H/2009/0640/O – Mr P Crozier, c/o Diamond Architecture Approval

H/2009/0650/F – Mr Michael & Mrs Celine McLarnon Deferred for an Office Meeting on the request of Councillor Forde and Councillor Lagan.

H/2009/0655/F – Mr T McTeague, c/o Diamond Architecture Approval

H/2009/0681/F – Mr W Nesbitt, c/o Ward Design Approval

H/2009/0700/F – Mr W Nesbitt, c/o Ward Design Approval

H/2009/0712/F – Sperrin Switchgear Ltd Approval

H/2009/0715/F – Mr A Bradley, c/o B McMullan

Deferred for an Office Meeting on the request of Councillor Lagan. Councillor Lagan handed a letter of submission to the Planning Officer.

H/2009/0720/F – Mr M & E McNamee, c/o Ward Design Deferred for an Office Meeting on the request of Councillor Groogan. Councillor Groogan handed a letter of submission to the Planning Officer.

H/2009/0722/RM–Mr F Donnelly, c/o Diamond Architecture Approval

H/2010/0001/O – Mr A Mulholland Approval

H/2010/0014/O – Mr J Kennedy, c/o Diamond Architecture Deferred for an Office Meeting on the request of Councillor Lagan, Councillor Lagan handed a letter of submission to the Planning Officer.

Councillor Rev Dr R T Wm McCrea joined the meeting at 8.20pm

H/2010/0036/F – Ms K Cassidy c/o Diamond Architecture Approval

H/2010/0043/F – Mr P O’Kane, c/o Ward Design Approval

H/2010/0044/O – Ms M Bradley Deferred for an Office Meeting on the request of Councillor McEldowney.

H/2010/0048/O – Mr S Convery, c/o Diamond Architecture Deferred for an Office Meeting on the request of Councillor Lagan, Councillor Lagan handed a letter of submission to the Planning Officer.

H/2010/0049/F – Mr R Fullerton c/o Diamond Architecture Deferred for an Office Meeting on the request of Councillor Crawford, Councillor Shiels and Councillor Forde. Councillor Forde handed a letter of submission to the Planning Officer.

H/2010/0054/F – Mr J Scullion Approval.

H/2010/0056/F – Mr J McCready Approval

H/2010/0059/F – Mr J Agnew Deferred for an Office Meeting on the request of Councillor Milne and Councillor McPeake

H/2010/0066/F – Mr M Gibson, c/o McGurk Chartered Architects Approval

H/2010/0073/F – B McGillian, c/o Architectural Services Approval

H/2010/0098/A – Drumrainey Veterinary Surgery Deferred for an Office Meeting on the request of Councillor Forde and Councillor McCrea.

6.1.1 Applications Deferred from Previous Meeting:

H/2006/0265/F – Mr M Stewart Approval

H/2007/0224/RM – M & A Developments Approval

H/2007/1013/F – K Burns The Planning Service requested that this application be withdrawn from Schedule following amended plans being received.

H/2008/0186/O – Mr D Fulton Members were advised that new information was to be received by Friday 16 April otherwise a refusal would be issued.

H/2008/0318/F – Mr P McKenna Approval

H/2009/0099/O – Mr J Hammond Approval

H/2009/0244/F – J Trainor Approval

H/2009/0279/F – Mr G Breslin Members were advised that this Application had been withdrawn from Schedule following amended plans being received.

H/2009/0489/F – F McNally Approval.

H/2009/0565/F – Mr G McCabe Deferred pending the outcome of Draft PPS 21

H/2009/0575/O – Mr M Murray Deferred pending the outcome of Draft PPS 21

H/2009/0616/F – S Higgins Approval

H/2009/0635/F – Mr & Mrs Gallick Approval

H/2009/0698/F – Mr D McCloy Approval

6.2 Proposed Wind Turbine at Lough Patrick

6.2.1 Councillor Miss K A Lagan referred to the decision taken by Council at its Special Meeting held on Tuesday, 1 September 2009 when Council gave a letter of support to the Planning Service in support of an application by Carntogher and Kilcronaghan Community Associations (KC Renewables) to erect a wind turbine at Lough Patrick. She asked if the Council would withdraw the letter of support as there had been a change of circumstances and archaeological effects had been found at the site.

It was

Proposed by Councillor Miss K A Lagan, Seconded by Councillor J Campbell

That: the Council withdraw the letter of support issued to the Planning Service in support of an application by Carntogher and Kilcronaghan Community Associations (KC Renewals) to erect a wind turbine at Lough Patrick.

6.2.2 The Chairman, Councillor McPeake said that it was possible that the objectors (the Friends of Lough Patrick) to the proposal to erect the wind turbine did not articulate the relevant arguments on the night of the Special Meeting as well as they might have as what he had heard from the objectors since bore no resemblance to the presentation made on the night.

6.2.3 Councillor J F Kerr stated that the matter had been widely reported in the press and that it had almost become a “political football”. He felt that it was important to put on record that the decision taken by his party colleagues when voting at the Special Meeting on Tuesday, 1 September 2009 was not a “party vote”. Similarly if the Council were to vote on the matter again, votes cast by his colleagues would not be made on a “party basis”. He reminded Members that there was an ongoing mediation process between 2 community groups and that he thought that the Council would be ill advised to do anything that would impinge on that process.

6.2.4 Councillor P J Bateson said that the Council made its decision based on what was presented on the night of the Special Meeting and that every Councillor had made their decision as an individual.

6.2.5 Councillor I P Milne noted that mediation was ongoing and suggested that the Planning Service should allow the mediation process to be completed before it made any decision on the application.

6.2.6 Councillor Rev Dr R T Wm McCrea said that there had been two presentations on the night and that Council had made its decision on the basis of those presentations. He further stated that he didn’t know that there was any suggestion of voting having been along party lines. He continued that the Council’s Standing Orders were quite specific in setting out how Motions could be introduced to the Council in the absence of the requisite notice and that they specifically dealt with Motions to rescind Council decisions.

6.2.7 The Chief Executive informed the Members that Councillor Mc Crea was correct to refer to the Council’s Standing Orders. However, as the Motion sought to rescind a decision taken by the Council more than six months previous, it was the Chairman’s decision as to whether or not to allow the Motion to be voted upon.

6.2.8 Councillor McCrea said that, although some Members appeared to be indicating that they were in possession of information relating to this matter that he was not in possession of, he was happy for the mediation process to continue. However, he pointed out that the mediation process was irrelevant to the Planning process. The Planning Service had to consider the matter in the light of planning considerations and he cautioned that, if there was any suggestion that the Planning Service should take a decision based on anything other than planning considerations, there could be a judicial review of the decision. He concluded by saying that, if the vote were to be allowed, he wished to request a recorded vote.

6.2.9 Councillor G C Shiels said that he was also surprised to learn of the suggestion that votes had been cast along party lines. He remembered that he had voted in favour of the application because it represented an opportunity for the two community groups to become sustainable and because the objectors did not present a sufficiently good argument to convince him otherwise.

6.2.10 Councillor Lagan said that the issue in question not a planning matter as such, it was about a letter of support for a planning application. She said that there was plenty of additional information which could be provided to Members but in the interim there had been a number of new discoveries at the proposed site. She informed Members that they should also be aware that there had been 400 letters of objection to the application, a letter from the Bishop of Derry to the Friends of Lough Patrick and that Sperrin Gateway which was part of Sperrin Tourism Limited was doing a consultation associated with receiving funding for developing the archaeological site. Councillor Lagan said that it was an obvious site for developing into walks, and again urged the Council to consider rescinding its previous decision.

6.2.11 Further discussion followed in relation to the significance of letters of support from the Council in relation to the likelihood of the Planning Service approving a planning application.

6.2.12 The Planning Officer, Mr Bowman advised Members that the overriding planning consideration was likely to be the planning policy statement relating to renewable energy. He explained that, although the Planning Service would have regard to a letter of support from the Council, the planning policy was the most important factor in considering any application.

6.2.14 The Chairman, on consideration of the matter, stated that the matter should be deferred until the next Council meeting which was scheduled for Tuesday, 11 May 2010.

6.2.15 The Planning Officer informed the Members that the Applicant was also entitled to a decision. This application was lodged with Planning Service at Christmas which was over three months ago. The Department was expected to issue a decision and it was increasingly likely that the Department would seek to impose a deadline for making a decision on the application.

6.2.16 Councillor Lagan informed the Planning Officer that she would take this message back to the objections.

6.2.17 Councillor Bateson asked the Planning Officer if there was any merit in submitting a letter of support.

6.2.18 The Planning Officer replied that a letter of support from the Council was deemed to represent the corporate view of the Council in relation to the application. Although corporate letters were important in that they were taken as representing the views of the community, they were only one factor in the planning decision making process and all other matters had also to be considered.

6.3 It was

Proposed by Councillor J Crawford Seconded by Councillor O T Hughes, and

Resolved: to adopt the Planning Schedule dated 13 April 2010 subject to the above conditions and amendments.

6.4 Streamlined Consultation Decisions

Submitted schedule of Streamlined Consultation Decisions issued for March 2010 (copy previously circulated to each Member).

Noted.

6.5 Submitted letter from Planning Service re H/2007/0910/O - Mixed Density Housing Development comprising of approximately 20-25 Dwelling Units at Lands adjacent to and south of No 8 Fortwilliam Road, Tobermore – for F P McCann Developments Ltd. The letter wished to inform Members of the planning appeal and advised that due to the Planning Appeals Commission’s Decision on appeal Ref: 2003/A479 having come to light the Department now wished to withdraw Refusal Reason 2, (copy circulated to each Member).

Noted.

The Planning Officer retired from the meeting at 9.00pm

7 Planning Appeals Commission 218/04/2010

Submitted letter and an Appeal Against Enforcement Notice issued on 6 January 2010 to Mr Brendan McBride in connection with an unauthorised garage on land at 7 Cordarragh, Draperstown requesting any representations received by the Council to be forwarded to the Planning Appeals Commission 5 weeks from 2 March 2010, (details previously circulated to each Member).

7.1 Following discussion it was

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

Resolved: that the Council issue a letter of support in favour of the applicant, Mr McBride to The Planning Appeals Commission.

7.2 Submitted letter of the Commission’s decision re an appeal from Mr M Stewart adjacent to 122a Hillhead Road, Castledawson, (details previously circulated to each Member)

Noted.

7.3 Submitted letter from Planning Appeals Commission re H/2008/0023/O - Residential Development on Land adjacent to and west of No 20 Pound Road, Magherafelt – for Three Four Ltd.

The letter wished to inform Members that due to the line of the Magherafelt by pass in the Draft Magherafelt Area Plan 2015 no longer being pursued, the Department now wished to withdraw Refusal Reason 4 and 5, (copy circulated to each Member).

Noted.

8 Environmental Health Department 196/04/2010

8.1 Mr M. Young, Director of Environmental Health submitted the report for the month of April 2010 (copy previously circulated to each Member).

It was

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

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

9 OPERATIONAL SERVICES DEPARTMENT

Submitted report by the Director of Operations for the month of April, 2010 (copy circulated to each Member)

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

9.2 Operational Services

9.2.1 Items for Information

Adjournment of Meeting:

During the presentation of the Director’s Report during the item relating to Bilingual Town/Village nameplates the Chairman adjourned the meeting for a comfort break at 9.30pm.

The meeting resumed at 9.45pm.

Following a discussion it was:

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

Resolved: that the contents of the Directors report in relation to ‘Items for Information’ for Technical and Leisure Services were duly noted.

It was further resolved that in relation to the Item on Bi-lingual Town and Village Nameplates that the matter be deferred for one month to enable legal advice on the matter to be sought.

Councillor G C Shiels retired from the meeting at 9.48pm

9.3 Technical Services: Items for Decision

9.3.1 Spring Clean 2010

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

Resolved: that this year’s Spring Clean be staged during a two week period in May 2010 as detailed in the Director’s report.

9.3.2 Domestic Refuse Collection: Policy on Pullout Service for Residents

Following discussion during which it was agreed that the availability of the service should be the subject of wider advertisement (e.g.: on the Council’s Web Site) it was:

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P J Bateson, and

Resolved: that the revised Policy, as detailed in the Directors Report, on the provision of a Domestic Refuse Pullout Service for older and less able members of the community be adopted.

9.3.3 Bi-Lingual Street/Road Nameplates: Request for Survey

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P J Bateson,

That: the Council would survey the residents living on Laurelbrook and Manor Road, Magherafelt with regards to the erection of bi-lingual street/road nameplates on those roads/streets.

Councillor Rev Dr R T Wm McCrea opposed the proposal on the basis that the cost of the erection of the signs was a waste of public resources.

On a vote being taken 10 Members voted for the motion and 5 members voted against, voting being by show of hands.

The Chairperson, Councillor J J McPeake declared the resolution carried.

9.3.4 Bi-Lingual Street/Road Nameplates

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P J Bateson,

That a bi-lingual (English and Irish) street/road nameplates should be erected at: Hawthorne Lane, Maghera.

Councillor Rev Dr R T Wm McCrea opposed the proposal on the basis that the cost of the erection of the signs was a waste of public resources.

On a vote being taken 10 Members voted for the motion and 5 members voted against, voting being by show of hands.

The Chairperson, Councillor J J McPeake declared the resolution carried.

9.3.5 Magherafelt Bowling Club

Following discussion, it was

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

Resolved: that

1. The Council agrees to explore an appropriate lease with the Magherafelt Bowling Club including suitably spaced break-points within any such lease. 2. The request for advertising hoarding around the bowling green be incorporated into any such lease arrangements, providing there are no planning restrictions. 3. Council Officers explore the option of relocating the existing bowling green to a more suitable location and prepare an options report for consideration at a future meeting of Council.

9.3.6 Lower Castledawson Community Association: request to use Council Land

Following discussion, it was

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

Resolved: that, subject to the Lower Castledawson Community Association receiving the necessary funding through PEACE III, the necessary agreements would be put in place to enable the Association to use Council land at Riverside for the purpose of community allotments.

9.3.7 Desertmartin Community Association

Following discussion, it was

PROPOSED by Councillor Rev Dr R T William McCrea Seconded by Councillor J Crawford, and

Resolved: that, for an initial trial period of one year, Desertmartin Community Association should be allowed to take over the maintenance of the area within the traffic island on the Moneymore Road adjacent to Desertmartin Bridge, Desertmartin.

Councillor Rev Dr R T Wm McCrea retired from the meeting at 10.10pm.

10 Development Department

10.1 Mrs Anne-Marie Campbell, Head of Policy/Implementation submitted the Development report for the month of April 2010 (copy previously circulated to each member)

10.2 Community Services

10.2.1 Events

Following discussion it was-

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that Council organises a food market in 2010 on the same day as the Christmas Light Switch On with extended opening times.

10.2.2 Bridge Street, Castledawson

Following discussion it was-

Proposed by Councillor Miss K A Lagan Seconded by Councillor I P Milne; and

Resolved: that Council seeks vindication in the courts to assert the Public Right of Way at Bridge Street, Castledawson.

10.2.3 Events and Festivals Grants

Following discussion it was-

Proposed by Councillor J F Kerr Seconded by Councillor Mrs K A McEldowney; and

Resolved: that grant funding is awarded to the following applicants at the amount listed.

Tourism Events / Festivals

Name of Group Recommended Award Glasgowbury Music Group £5,000

Sports Events / Festivals

Name of Group Recommended Award Cookstown and District Motocross £3,690 Club St Patricks Snooker Club £3,452 Termoneeny Community £4,500 Association

Community Events / Festivals

Name of Group Recommended Award Maghera Vintage Rally £1,350 Tamlaght O’Crilly Parish Vintage £1,482.62 Group Bellaghy GAA £1,100

Following discussion it was-

It was 18

Proposed by Councillor J F Kerr Seconded by Councillor Miss K A McEldowney; and

Resolved: that the following applications be rejected.

Recommended for rejection Reason Ballinascreen Early Years Failed to meet the quality threshold score of 60. Did not state what the funding was to be specifically used for. Little Amps – Upperlands Failed to meet the quality threshold score of 60. Did not state what the funding was to be specifically used for.

10.3 Towns and Community Regeneration

10.3.1 Magherafelt District Policing Partnership

Following discussion it was

Proposed by Councillor Miss K A Lagan Seconded by Councillor P McLean: and

Resolved: that Councillor J Campbell be nominated as the new chair of the DPP.

10.3.2 Request from the Rainey Centre

Following discussion it was-

Proposed by Councillor J F Kerr Seconded by Councillor P McLean: and

Resolved: that Council provide £4,000 match funding to the Rainey Centre in partnership with CWSAN to fund a programme of community development work in Magherafelt District Council area.

10.4 Peace III

10.4.1 Programme B – Priority Areas

Following discussion it was-

Proposed by Councillor J F Kerr Seconded by Councillor P McLean: and

Resolved: that where necessary, Magherafelt Council adopts a partnership delivery approach to the implementation of PEACE III projects in the priority areas in Magherafelt District Council Area.

10.5 Policy

10.5.1 Pecuniary Interests

Following discussion it was-

Proposed by Councillor I P Milne Seconded by Councillor J F Kerr: and

Resolved: that a register of pecuniary and non pecuniary interests for Councillors and Council Officers would be established

It was

Proposed by Councillor I P Milne Seconded by Councillor J F Kerr: and

Resolved: the report for the development department as submitted be adopted.

10.5.2 Grants Policy

Following discussion it was-

Proposed by Councillor Miss K A Lagan Seconded by Councillor O T Hughes: and

Resolved: that organisations applying for grant aid from Council for hosting or part hosting a national event that leads to a substantial number of tourist bed nights in the district, then this application would not be taken into account when applying for other Council grants.

11 Payment of Accounts 04/2010

Submitted Statement of Expenditure setting out payments to be made during the month of April 2010 (copy circulated to each Member).

11.1 The statement made provision for £1,039,754.49 out of the Revenue Account and Nil out of the Capital Account.

11.2 It was

Proposed by Councillor P McLean Seconded by Councillor O T Hughes, and

Resolved: to approve the Statement of Accounts as submitted for March 2010.

11.3 Submitted Annual Audit Letter from the Northern Ireland Audit Office, (copy circulated to each Member).

Noted.

12 Magherafelt Bowling Club

This item was discussed within the Director of Operations’ Report as reported in Section 9 “Operational Services Department”

13 Financial Contributions 56/03/2010

Submitted the following letters of application for financial assistance from:

13.1 NILGA:

Submitted letter from NILGA dated 18 March, 2010 requesting their annual subscription of £7,445 as agreed at the NILGA Full Members Meeting which had been held on 29th January 2010, (Copy previously circulated to each Member).

13.1.1Following discussion, it was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that annual subscription fee of £7,445 be paid to NILGA

13.2 Dalriada Urgent Care Ltd:

Submitted letter dated 2 April 2010 from Dalriada Urgent Care requesting the possibility of funding for 3 defibrillators at a cost of approximately £1000 plus VAT, (copy previously circulated to each Member).

13.2. 1Following discussion, it was

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

Resolved: that the Council purchase the 3 defibrillators at a cost of approximately £1000.00 each plus VAT.

13.3 Gaelscoil/Naíscoil an Tseanchaí:

13.3.1 Submitted letter from Gaelscoil/Naíscoil an Tseanchaí seeking a letter of support in their efforts to extend the current building onto the existing green space at Killowen Drive, (copy previously circulated to each Member).

13.3.2 Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that the Council give a letter of support to Gaelscoil/Naíscoil an Tseanchaí in their efforts to extend the current building onto the existing green space at Killowen Drive.

13.4 European Black Ball Association/Masters (Bridlington):

Submitted a letter dated 1 April 2010 from Mr James Burnside, Maghera Day Care Worker on behalf of four clients at Maghera Day Centre who were participating in the European Black Ball Association/Masters at Bridlington from 27 April 2010 to 2 May 2010, (copy handed out to each Member)

13.4.1 Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and

Resolved: that a financial contribution of £200 be made towards the Maghera Day Centre representatives’ participation in the European Black Ball Association/Masters at Bridlington from 27 April 2010 to 2 May 2010.

13.5 YFCU

Submitted a letter dated 25 March 2010 from Tanya Johnston, Curragh YFC seeking sponsorship towards her going on an exchange to Norway from June to August.

13.5.1 The Chief Executive informed Members that the Council did not make financial contributions to individuals who were participating in events such this which did not satisfy the Council’s criteria in relation to the award of financial assistance.

13.5.2 It was agreed by the Chairman and Vice Chairman that they would consider making a donation from their allowance.

14 Conferences and Courses

Consideration was given to the nomination of delegates to attend the following:

14.1 Biodiversity Conference – Newtownabbey, Wednesday 21 April 2010:

14.1.1 Submitted details of a Conference entitled Biodiversity Local Action in Northern Ireland – venue Mossley Mill, Newtownabbey, Wednesday 21 April 2010, (copy circulated to each Member)

Noted

14.2 Looking to the Future in Jordanstown on Tuesday 20 April 2010

14.2.1 Submitted details of a Conference entitled Looking to the Future, meeting the Challenges facing Northern Ireland Housing at the University of Ulster at Jordanstown on Tuesday 20 April 2010, (copy circulated to each Member)

Noted

14.3 Conference of the Isles – Slieve Donard Hotel, Newcastle on Thursday 27 May 2010:

14.3.1 Submitted details of a Conference entitled Conference of the Isles 2010 to be held at the Slieve Donard Hotel, Newcastle on Thursday 27 May – Friday 28 May 2010, (copy circulated to each Member)

Noted

14.4 Delivering excellence in Policing and Justice – Stormont Hotel, Belfast on Friday 21 May 2010:

14.4.1 Submitted details of a Conference entitled Delivering excellence in Policing and Justice – Stormont Hotel, Belfast on Friday 21 May 2010, (copy circulated to each Member)

Noted

14.5 N.I.L.G.A Consultation Event – Slieve Donard Hotel, Newcastle on Wednesday 21April 2010:

14.5.1 Submitted details of a Consultation Event entitled Tourism Strategy for Northern Ireland to 2020 to be held at the Slieve Donard Hotel, Newcastle on Wednesday 21 April 2010, (copy handed out to each Member)

14.5.2 Following discussion, it was agreed to leave nominations open and anyone wishing to attend should contact the Chief Executive’s Department.

15 Consultation Documents

Submitted the following consultation documents:

15.1 Letter from the Northern Ireland Office Criminal Justice Directorate re “Tightening the Law on Sex Offenders” seeking comments before 13 May 2010.

Noted

15.2 Consultation Document on Local Government (Disqualification) (Amendment) Bill seeking comments by 16 April 2010.

Noted

15.3 Consultation Document on a Draft Tourism Strategy for Northern Ireland to 2020 seeking comments by 20 May 2010.

Noted

15.4 Consultation Document on preparing a new road safety strategy for Northern Ireland 2010-2020 seeking comments by 15 June 2010.

Noted

15.5 Consultation on proposals to ban hunting wild mammals with dogs, introduced by the Green Party plan to the Assembly - seeking comments by 14 May, 2010.

Noted

15.6 Northern Ireland Policing Board – the launch of Northern Ireland Policing Plan 2010-2013.

Noted

15.7 Department of Health, Social Services and Public Safety launched “Living Matters: Dying Matters – A Palliative and End of Life Care Strategy for Northern Ireland.

Noted

16. Notice of Motion 212/4/2010

16.1 The following Motion had been submitted in the name of Councillor J Campbell:

“That this Council calls on the Department of the Environment to put in place safeguards and measures for the new Councils to ensure that equality and fairness are guaranteed in all practices and decision making, and to prevent discrimination against any individual or group within the community ”.

16.2 In support of his Notice of Motion Councillor Campbell said that the Members would be aware of the change (from d’Hondt) in the method used by the NI Assembly for selecting Ministers and how this change had facilitated the selection of David Forde, MLA as the new Policing and Justice Minister. He further indicated that, although the future outworkings of the Review of Public Administration were far from clear, it was essential to ensure that appropriate safeguards were guaranteed to manage any future transition to the new Councils.

16.3 Councillor Miss K A Lagan seconded Councillor Campbell’s Motion.

16.4 The Chairman, Councillor J J McPeake said that he did not disagree with Councillor Campbell’s’ Motion and that Sinn Fein was firmly supportive of the equality agenda. He stated that he was happy to report that a lot of work had already been completed in this area and that he was confident that an appropriate mechanism would be implemented in the new Councils.

16.5 Councillor J F Kerr said that it was his understanding that legislation was already being drafted to facilitate the necessary processes.

16.6 Councillor J Crawford, in supporting Councillor Campbell’s Motion, indicated that the method used in the recent appointment of the Policing and Justice Minister excluded both the SDLP and the Ulster Unionists and Conservatives New Force and that this was contrary to the d’Hondt mechanism previously used to appoint Ministers.

16.7 Councillor P McLean said that the consequence of democratic elections was that political Parties were given a mandate to take decisions such as the appointment of Ministers on behalf of the electorate. The decisions taken would not please everyone all of the time.

16.8 Councillor Campbell said that he understood the point that Councillor McLean was making but he was concerned that certain senior political representatives seemed to want to operate an “a la carte” selection process. This was unacceptable and his Motion was seeking to ensure that appropriate checks and balances be put in place in the new Councils.

16.9 Councillor Kerr replied that there were systems in place which included appropriate checks and balance. He indicated that he wished to propose an amendment to the Motion to reflect this fact.

16.9.1 Amendment

It was

Proposed by Councillor J F Kerr Seconded by Councillor I P Milne,

That: the Motion be amended to read:

“That this Council calls on the Department of the Environment to put in place safeguards and measures that have been agreed by the Parties for the new councils to ensure that equality and fairness are guaranteed in all practices and decision making, and to prevent discrimination against any individual or group within the community ”.

16.10 Councillor Lagan queried whether the safeguards and measures had in fact already been agreed by the Parties in the NI Assembly.

16.11 The Chairperson, Councillor McPeake replied that the agreed system included the facility where any Councillor in any council could insist on the adoption of the d’Hondt mechanism in their council

16.12 Councillor Lagan asked the Chairperson to clarify which version of the d’Hondt mechanism would be used in such circumstances.

16.13 The Chairperson replied that it was his understanding that the Parties had agreed a preferred d’Hondt mechanism.

16.14 Councillor Campbell indicated that he was willing to accept the amendment proposed by Councillor Kerr.

16.15 Members unanimously agreed to adopt the amended Motion.

17 Flags and Emblems

Submitted letter from the PSNI regarding the erection of the Tricolour in Magherafelt Town over the Easter weekend and their subsequent removal, asking the Council to debate the issue of flags and emblems and inform the PSNI of any decisions or policies that the Council could adopt.

17.1 Members participated in a detailed discussion in relation to the issue and how it might be progressed. They agreed that this was a sensitive issue and that leadership was required.

In conclusion the Chairman, Councillor McPeake said that there was work to be done within both Communities in the District and that the Council should seek to revisit the previous work undertaken by Mr Henry, Good Relations Officer in this area.

Councillors Miss K A Lagan and O T Hughes retired from the meeting at 11.10pm.

18 Roads Service

18.1 Private Streets:

Adoption of street works at Mullaghboy Hill Road, Magherafelt, Stage 0&1 (copy previously circulated to each Member).

Noted.

18.2 Disposal of Lands

18.2.1 Submitted letter from the Roads Service re proposed disposal of lands at 52a Disert Road, Draperstown, (copy previously circulated to each Member).

Noted.

27 18.2.2 Submitted letter from the Roads Service re proposed disposal of lands at Dunglady Road, Upperlands, (copy previously circulated to each Member).

Noted.

19 Water (Northern Ireland) Order 1999

19.1 Submitted letter from the Northern Ireland Environment Agency in accordance with an application from Northern Ireland Fire and Rescue Service for consent to discharge effluent to a waterway under the Northern Ireland Water Order 1999 from Magherafelt Fire Station, 12 Fairhill Road, Magherafelt, (copy previously circulated to each Member).

Noted.

19.2 Submitted letter from the Northern Ireland Environment Agency in accordance with an application from the Northern Ireland Fire and Rescue Service for consent to discharge effluent to a waterway under the Northern Ireland Water Order 1999 from Maghera High School, (Drill ground for Maghera Fire Station) 30 Tobermore Road, Maghera, (copy previously circulated to each Member).

Noted.

19.3 Submitted letter from the Northern Ireland Environment Agency in accordance with an application from Mr Harold Greer for consent to discharge effluent to a waterway under the Northern Ireland Water Order 1999 from 11 Pound Road, Magherafelt, (copy previously circulated to each Member).

Noted.

19.4 Submitted letter from Northern Ireland Water informing Members that their Notice of Intention issued on 13 September 2007 in connection with foul and storm sewer extension on Main Street, Tobermore has been withdrawn, (copy previously circulated to each Member).

Noted.

20 Presentations to Council

Request received from

20.1 Roads Service to present the Spring 2010 Report at the Council’s May Meeting.

Agreed

21. Reception - Magherafelt Army Cadet Force

The Chief Executive reported that, following the Council’s decision at its Meeting held on 9 March 2010 which instructed him to contact the Detachment Commander of the 1st (Northern Ireland) Battalion Army Cadet Force C Company to clarify the contents of his letter dated 5 February 2010, he had to report that the request did not satisfy the Council’s criteria for the award of a Civic Reception. However, it was permissible for either the Chairman or Vice-Chairman to host a small Reception in recognition of the Magherafelt Army Cadet Force achievements.

Following discussion The Vice Chairman, Councillor McLean agreed to host a small reception to mark the 150th anniversary of the Cadet Movement in the UK and to acknowledge the Lord Lieutenants Cadet.

22 Resolution to Proceed “In Committee”

It was

Proposed by Councillor J F Kerr, Seconded by Councillor P J Bateson, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

23 North West Region Waste Managenment Group

24 Staff Matters

This item was taken “In Committee”.

25 Legal Matters

This item was taken “In Committee”.

26 Resolution to Proceed in “Open Council”

It was

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

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

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

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

27 Sealing of Documents

The Seal of the Council is hereby affixed to the following document as agreed at the Council’s meeting held on Tuesday, 13 April 2010

27.1 Right Grant of Right of Burial to Ms Audrey Kane of 3 Manor Park, Magherafelt BT45 6QE – Plot K38, friend of Richard John Begley (deceased).

27.2 Transfer by Magherafelt District Council as beneficial owner of lands in Folio 24614 in County Londonderry (land at Riverside, Castledawson) in consideration of the sum of ten thousand pounds (£10,000) of that part of the lands comprised in that part of Folio 24614 delineated on the relevant map together with (and excepting and reserving) such rights as are detailed in the transfer documentation.

28 Congratulations

28.1 Councillor J Campbell referred to the evening of 30 – 31 March 2010 when a state of emergency had been called by the PSNI due to the heavy snow fall which resulted in the closure of the Glenshane Pass. He requested that the Council should write to acknowledge the efforts of Lavey Gaelic Athletic Club in assisting the people stranded on the Glenshane Pass that night. Councillor Campbell said that what they had done had brought great credit to the area and his remarks were unanimously agreed by Members.

It was

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

Resolved: that a letter of congratulations be sent to the Lavey Gaelic Athletic Club to thank them for the help they offered to the people stranded on the Glenshane Pass by providing them food and shelter on the night of 30 – 31 March 2010. 30

29 For the Information of Members

29.1 The following items were submitted for the information of Members:- (a) Booklet from Northern Ireland Office – Local Partnership Working on Policing and Community Safety (b) 39th Edition of the William Keown Trust’s Newsletter, (copy previously circulated to each Member). (c) Leaflet from Patient and Client Council, (copy previously circulated to each Member). (d) Newsletter from Advice NI (e) The Planning Service Government Response to Public consultation July – October 2009 “Reform the Planning System in Northern Ireland – Your chance to influence change”. (f) Reform of the Northern Ireland Planning system: Final Equality Impact Assessment (EQIA) at a strategic level in response to Programme of Government Proposals – Section 75 and Schedule 9 the Northern Ireland Act 1998

29.2 Annual Reports:-

(a) International Fund for Ireland (b) Advice NI (c) Fuel Poverty Advisory Group (d) Pobal (e) Northern Ireland Human rights Commission (f) Northern Ireland Housing Council (g) Equality Commission for NI – Section 79 of the NI Act 1998 and Section 49A of the Disability discrimination Order (DDO) 2006 – Annual Report 2009 – 2010

The meeting concluded at 11.30 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)