Northern Ireland

09 October 2018

Dear Councillor

You are invited to attend a meeting of the Environment Committee to be held in The Chamber, Cookstown at Mid Ulster District Council, Council Offices, COOKSTOWN, BT80 8DT on Tuesday, 09 October 2018 at 19:00 to transact the business noted below.

Yours faithfully

Anthony Tohill Chief Executive

AGENDA OPEN BUSINESS

1. Apologies 2. Declarations of Interest 3. Chair's Business

Matters for Decision 4. Street Naming and Property Numbering 3 - 10 5. Renaming and Renumbering Existing Streets 11 - 16 6. Dual Language Signage Requests 17 - 24 7. Dual Language Signage Survey 25 - 36 8. Consultation on the Draft Flourinated Greenhouse Gases 37 - 98 (Amendment) Regulations (NI) 2018 9. Home Safety Partnership Agreement between NI Fire & 99 - 110 Rescue Service (NIFRS) and Mid Ulster District Council - 2018/19 10. The Roads Miscellaneous Provisions Act (NI) 2010 (1) 111 - 114 11. Winter Maintenance of Council Estate in Snow and Ice 115 - 118

Matters for Information 12 Minutes of Environment Committee held on 11 September 119 - 132 2018 13 Building Control Workload 133 - 136 14 Entertainment Licensing Applications 137 - 160 15 The Roads Miscellaneous Provisions Act (NI) 2010 (2) 161 - 168 16 Review of Household Waste Recycling Centres 169 - 194 17 Tullyvar Joint Committee Update 195 - 210

Page 1 of 232 18 Recycle Week 2018 211 - 214 19 Property Damage and Maintenance following Storm Ali 215 - 226 20 DfI Transport Strategy Division Proposals to Mid Ulster 227 - 232 District Council

Items restricted in accordance with Section 42, Part 1 of Schedule 6 of the Local Government Act (NI) 2014. The public will be asked to withdraw from the meeting at this point.

Matters for Decision 21. Entertainment Licensing – Bryson’s Bar and Restaurant 22. Application for the Grant of a Mobile Street Trading Licence 23. Application for the Renewal of an Amusement Permit for 28 Irish Street, Dungannon 24. Tender for the supply and delivery of 2 No. Yard Shunter Trucks 25. Tender report for the appointment of Vehicle Suppliers 26. Tender report on the supply of Cleaning Materials 27. Tender report for the appointment of a Legionella Management Organisation 28. Davagh Visitor Hub – Capital Project 29. Villages Programme, Group 2 – Capital Project

Matters for Information 30. Confidential Minutes of Environment Committee held on 11 September 2018 31. Construction of Waste Transfer Station – Capital Works Update 32. Capital Projects Update

Page 2 of 232

Report on Street Naming and Property Numbering

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 The Members to consider the street naming of new residential Housing Developments within Mid-Ulster.

2.0 Background

2.1 In accordance with the Local Government (Miscellaneous Provisions) NI Order 1995 – Article 11 the Council is tasked with the responsibility of approving Street Naming and Numbering of buildings erected thereon.

The Policy for Street Naming and Dual Language Signage Policy – Section 5.0: Naming of New Streets, as adopted (See Appendix 1) forms the basis for considering proposals for the street naming of new developments.

3.0 Main Report

3.1 The Building Control Department have received requests for the naming of streets in new residential developments within Mid-Ulster as follows:-

I. Site off Drumenny Road, Coagh

An application has been submitted by Kilmoon Trading Ltd. for the naming of a new street within a residential development off Drumenny Road, Coagh. The developer has submitted the following options for consideration (see Appendix 2).

1. Ballinderry Bridge Mews 2. Ballinderry Bridge Drive 3. Shamrock View

As the options submitted are linked to the locality in each case, it is considered that each option demonstrates compliance with the policy as adopted.

Page 3 of 232

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: None

Human: None

Risk Management: None

4.2 Screening & Impact Assessments

Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 It is recommended that consideration is given to the approval of the following proposals for the Street Naming of new residential developments within Mid Ulster.

1. Site off Drumenny Road, Coagh

Either Ballinderry Bridge Mews Or Ballinderry Bridge Drive Or Shamrock View

6.0 Documents Attached & References

6.1 Appendix 1 – Street Naming and Dual Language Signage Policy – Section 5.0, Naming of New Streets

6.2 Appendix 2 – Pro-forma containing street naming proposals, location map and site layout plan for new street off Drumenny Road, Coagh.

Page 4 of 232 Appendix 1

MID ULSTER DISTRICT COUNCIL Street Naming and Property Numbering Policy for New Developments (Article 11 of The Local Government (Miscellaneous Provisions) (NI) Order 1995) Revised Policy and Procedure

5.0 NAMING OF NEW STREETS

5.1 Proposals for new street names linked to traditional place names will be favorably considered and that if such a place name is traditionally in a language other than English, that name may also be considered as the name by which that place may be known.

5.2 Criteria - General

To maintain the heritage and identity of the area administered by Mid Ulster District Council in naming a new Street and/ or Housing Development the following criteria shall be adhered to. The name chosen shall:

1. Reflect the local townland name, or a local geographical/ topographical, social or historical feature.

2. The name shall not use the townland name within which the street and/ or the housing development is situated. The townland name shall still form part of the postal address.

3. The name should not mark any historical or political event or any individual or family, living or deceased.

4. The prefix of the name can only be the same as an existing Street or Road name prefix in the locality if it is accessed from that street or road.

5. To avoid confusion over addresses the name should not sound similar to an existing Street or Road name in that District Electoral Area.

6. The erected nameplate shall express the name in English; and may express that name in any other language other than English in accordance with Article 11 of the 1995 Order.

7. Although not prescriptive or exhaustive the running order/hierarchy for Street naming should follow an easily understood pattern, for example:

o Road–Street–Avenue–Mews–Drive–Lane–Close–Alley

Adopted by Council 23/03/2017

Page 5 of 232 Appendix 1

Naming of New Streets and Housing Developments: Procedure

 Developers should submit an application for a new Street/ Development naming to the Council's Building Control service within the Public Health and Infrastructure Department (“the Department”) before any promotional activity on the sale of properties commences.

 The applicant should recommend at least 2 but no more than 3 names per street for consideration, outlining how they consider the proposed names comply with the criteria referred to within Section 5.2 above.

 If the Department determines that the name(s) does not conform to the criteria within 5.2 of this Policy, the developer/ applicant will be informed of this and asked to submit an alternative name(s) and/or written representations as to why they disagree. When the Council receives an alternative name(s) and the Council Officer deems that it meets the criteria then it will be recommended to the Council’s Environment Committee for consideration.

 If the developer/ applicant is not in agreement with the Department’s evaluation they can make written representations which will be considered at the next available meeting of the Environment Committee.

 The developer/ applicant will be informed of the approved name following approval of the Environment Committee minutes at the next available Council meeting of Mid Ulster District Council.

 Should the Committee not accept any of the presented options the applicant/ developer will be informed of the Council's decision.

 If following the non-acceptance of a proposed name the applicant/ developer does not resubmit an alternative name to the Council within 8 weeks of the date of the decision letter, the Council may identify a name and notify the applicant/ developer of their intention to approve that name. The Council shall allow four weeks to elapse from the date of the notification of the name before presenting it to the next available Environment Committee.

 If a street name has been approved by the Council it shall not be considered for change within 6 months from the date of approval, unless in accordance with the Council’s Standing Orders.

 Names shall be shown on nameplates which will include the townland where relevant.

o New buildings will be allocated numbers consecutively with odd numbers to the right hand side and even numbers to the left hand side.

Adopted by Council 23/03/2017

Page 6 of 232 Appendix 2

Page 7 of 232 Appendix 2

Page 8 of 232 Appendix 2

Page 9 of 232

Page 10 of 232

Report on Renaming and Renumbering Existing Streets

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To advise Members of requests for the renaming and renumbering of an existing street and subsequently to seek approval to undertake the surveys of all applicable residents on the street/road in question.

2.0 Background

2.1 In accordance with the Local Government (Miscellaneous Provisions) NI Order 1995 – Article 11 the Council is tasked with the responsibility of renaming and renumbering existing streets where requested.

The Policy for Renaming and Renumbering of Existing Streets – Section 7.0, as adopted (See Appendix 1) forms the basis for considering requests for renaming and renumbering of existing Streets/roads.

3.0 Main Report

3.1 The Building Control Service within the Public Health and Infrastructure Directorate have received a letter and petition signed by the householders (see Appendix 2 – copy of letter submitted by householders) requesting the renaming of the street as noted below:

From:

Parknascull, Coalisland

School Park, Coalisland

In accordance with the Street Naming and Dual Language Signage Policy – Section: 7:0, where no less than 50% of the householders of the street/road have signed a petition then the Council will consider a survey of the street/road in relation to the desired name change and reason for same.

Page 11 of 232

A petition submitted was signed by 15 householders as required in accordance with the Policy as adopted which equates to 58% of households requesting the name change.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Within Current Resources

Human: Within Current Resources

Risk Management: None

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 Approval to proceed with the Street Naming Survey for the renaming of Parknascull, Coalisland to all occupiers of each property as listed on the Electoral Register of the street/road, in accordance with the Policy for Street Naming and Dual Language Signage.

6.0 Documents Attached & References

6.1 Appendix 1 - Street Naming and Dual Language Signage – Section 7.0 : Renaming and Renumbering Existing Streets.

6.2 Appendix 2 – Copy of letter submitted by residents of Parknascull, Coalisland requesting the renaming of the street.

Page 12 of 232 Appendix 1

7.0 RENAMING AND RENUMBERING EXISTING STREETS

7.1 Provision shall be made for the renaming and renumbering of existing Streets within the Mid Ulster District Council area, where instances as noted in 7.2 below require that that this be undertaken to maintain a consistent approach to street naming. The 1995 Order empowers Council to authorise Street names within the area they administer.

7.2 Criteria - General

The renaming or renumbering of an existing street shall normally only be considered;  To remove similar or the same street name in the immediate locality  Where a street name has been ‘lost’  To correct an incorrectly spelt name  If emergency services have reported problems in identifying and locating the street  If postal services or other statutory agencies has reported problems in identifying and locating the street  Where a request has been received by the Council and signed by not less than 50% of the occupiers of a street to which a change is being sought. This would be based on 1 occupier per premises on the relevant street.

Renaming Existing Street Name: Procedure

This procedure provides guidelines for the procedure for renaming of existing street/road names which the 1995 Order empowers councils to authorise. The following procedure for canvassing the views of occupiers and the criteria to be applied in deciding whether to rename a street with an alternative in English shall be:

1. Upon receipt of a petition, signed by not less than 50% of the householders (based on one resident per household over the age of 18) of the street/road (“a

Adopted by Council 23/03/2017

Page 13 of 232 Appendix 1

Petition”) the Council will consider a survey of the street/road in relation to the desired name change and reason for same .

2. The proposed name must meet the criteria set down in the policy for the naming of New Streets.

3. If the Department considers the new name meets the criteria, approval to undertake the survey will be sought from the Environment Committee.

4. The Council will survey, by post, the occupier of each of the properties listed on the Electoral Register and the Pointer Data address system of that street/road or the part of a street/road affected at that time ; seeking their views on the request to change the name. The survey shall be carried out by the Council’s Building Control service.

5. Replies will be by way of a supplied self-addressed envelope and must be returned by the date specified in the correspondence giving notification of the survey and reason for same. Only replies received from registered occupiers by that date will be considered.

6. The outcome of the survey will be presented to the Environment Committee and only where all occupiers (100 %) in the affected street agree with the proposed name change, will a recommendation be presented to approve the change.

7. Where a request is not approved any further request will not be considered until the expiry of a 12 month period from the date of the Environment Committee meeting where the outcome of the survey was considered.

8. Where a Petition to have an existing street renamed is not approved then the occupiers will be notified of this.

9. Where a new nameplate is erected. The decision to remove an existing nameplate will be made by Property Services, where deemed necessary to do so.

10. Historical nameplates may remain in place where they are fitted to an existing wall (or dwelling), where they will not affect directional issues. This shall be at the discretion of Property Services.

11. Where the Department receives a request from the emergency services, mail delivery services or other statutory bodies who have difficulty locating the street to rename it. They shall inform residents as noted above and consider to survey and rename the street upon the agreement of all households on that street. Such requests shall be notified to and approval sought from Environment Committee and outcome of survey reported to same.

Adopted by Council 23/03/2017

Page 14 of 232 Appendix 2

Page 15 of 232

Page 16 of 232

Report on Dual Language Signage Requests

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To advise Members of requests for Dual Language Signage from residents on the streets/roads in question.

2.0 Background

2.1 In accordance with the Local Government (Miscellaneous Provisions) NI Order 1995 – Article 11 the Council is tasked with the responsibility to erect dual language signs or second nameplates, adjacent to the nameplate in English.

The Policy for Street Naming and Dual Language Signage – Section 6.0, as adopted (See Appendix 1) forms the basis for considering requests expressing the name in a language other than English, to both existing and new streets.

3.0 Main Report

3.1 The Building Control Service within the Public Health and Infrastructure Department have received valid letters signed by occupiers of the street in each case requesting signage to be erected in a second language being “Irish” in each case adjacent to the nameplate in English as follows:-

1. The Willows, Dungannon – (see Appendix 2) 2. Parknascull, Coalisland – (see Appendix 3) 3. Dunlea Vale, Dungannon – (see Appendix 4)

The occupiers signing the requests in each case have been confirmed as residents of their particular street which has been evidenced by their listing on the current Electoral Register as required in accordance with the Policy as adopted. (See Appendix 1).

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Within Current Resources Human: Within Current Resources

Page 17 of 232 Risk Management: None

4.2 Screening & Impact Assessments

Equality & Good Relations Implications: None Rural Needs Implications: None 5.0 Recommendation(s)

5.1 That Members note the content of this report and agree to proceed to survey.

6.0 Documents Attached & References

6.1 Appendix 1 – Street Naming and Dual Language Signage – Section 6.0 : Dual Language Signage Nameplates Policy

6.2 Appendix 2 – Letter received from resident of The Willows, Dungannon

6.3 Appendix 3 – Letter received from resident of Parknascull, Coalisland

6.4 Appendix 4 – Letter received from resident of Dunlea Vale, Dungannon

Page 18 of 232 Appendix 1

MID ULSTER DISTRICT COUNCIL Dual Language Signage Nameplates (Article 11 of The Local Government (Miscellaneous Provisions) (NI) Order 1995) Revised Policy and Procedure

6.0 DUAL LANGUAGE SIGNAGE NAMEPLATES

6.1 The Council will apply this policy when considering applications for dual language signage expressing the name of the street in a language other than English, to both existing and new streets.

6.2 The 1995 Order gives the Council a discretionary power to erect dual language signs or second nameplates, adjacent to the nameplate in English. In exercising this discretionary power the Council must have regard to any views on the matter expressed by the occupiers of premises in that street.

6.3 Criteria - General

The Council in making arrangements and providing opportunities for dual language signage within street naming shall;

1. Have regard to any views on the matter expressed by occupiers of the street

2. For the purposes of the policy, “occupiers” shall mean any person who resides in a dwelling, including a house, flat, maisonette or house in multiple occupancy and which has its frontage immediately adjoining the street, hereafter referred to as ‘property’. Only the views of occupiers aged 18 or over in each property that is occupied and listed on the Electoral Register at the date of survey will be considered.

3. In relation to properties , the ‘occupier’ will include the owner and family members or tenants as listed on the current Electoral / Rates Register as residing at that address or tenants in actual possession of the premises, but not employees within such premises at the date of the survey.

4. The naming of the street in a language other than English does not authorise or require its use as, or part of, the address of any person or the description of the land for the purpose of any statutory provision; e.g., Building Control applications.

6.4 The provision of dual language Street Names will normally only be considered in the following circumstances:

• In the case of existing streets, where the Council has been petitioned and/or consulted with the occupiers of premises in that street and other persons it deems appropriate, in accordance with these arrangements.

Page 19 of 232

Dual Language Signage Nameplates: Procedure

In deciding whether it should exercise its discretionary powers in relation to erection of dual language nameplates under Article 11 of the 1995 Order, the Council shall only do so after having regard to the views of occupiers of premises which has its frontage immediately adjoining that street.

The procedure for seeking and assessing the views of occupiers and criteria to be applied in deciding whether to erect a dual language nameplate in a language other than English is;

1. A valid petition or letter, signed by occupiers of the street must be made to Council to enable this matter to be considered. Requests should be made to Building Control Service within the Public Health and Infrastructure Department. A petition / letter request shall be valid if; it is from an occupier who appears on the Electoral Register as maintained by the Electoral Office for NI; the address of the petitioner is contained on the petition / letter and; the individuals name is clearly stated and the letter has been signed by the petitioner (who must be an occupier of premises on the street). A petition / letter may be received by email but it must be attached as a file and signed. The Council shall not accept a request made within the body of an email.

2. The Environment Committee will receive notification of submitted requests by way of valid petition as referenced at 1, above. A petition will be deemed to be valid where it is completed by a minimum of one householder on that street. Approval will be sought from the Environment Committee to undertake the survey requested by the valid petition / letter.

3. Upon agreement, the Council will canvass, by post, all occupiers listed on the Electoral Register and the Pointer addressing system of that street; seeking their views on the request to erect a dual-language street nameplate. Each letter will contain survey forms for the number of occupiers registered on the Electoral Register for that property at that time.

4. The occupiers will be advised of the date by which completed surveys must be returned. Incomplete or illegible survey returns will not be counted. Completed surveys must be returned in the self- addressed envelopes provided for that purpose. Only replies received by the specified date shall be considered.

5. For purposes of assessment where 51 % (rounded to nearest whole number) of the occupiers that respond indicate that they are in favour of the erection of a dual language street nameplate, then this shall be presented to the Environment Committee for decision recommending that the dual language street nameplate be approved and erected. The Environment Committee having considered the request and the result of the survey may agree to permit or not permit the erection of the dual language nameplate.

6. Where 51 % of occupiers (rounded to nearest whole number) that respond indicate that they are not in favour of the erection of a dual-language street nameplate, then this shall be presented to the Environment Committee for decision recommending that the dual language street nameplate shall not be approved or erected.

7. If the request is refused by those households surveyed, further requests will not be considered until the expiry of 12 months from the date at which the Environment Committee refuses it.

Revision Adopted June 2018

Page 20 of 232

8. Where the request is granted and the other language is Irish, the Irish Language Section within Department of Culture and Leisure and / or an approved translator will provide the Irish language form of the street name. Any other language shall be obtained from an approved translation service the cost of which will be notified to the Environment Committee when receiving the report on the outcome of the survey. The other language will not be used to express the name of the street for statutory purposes

9. The font and size of lettering of the other language shall be in accordance with that as shown in Appendix E.

10. Following the Council’s decision with regards to the request on Dual Language Signage for a particular street/road, the outcome will be published on the Council Website. Where requested, written confirmation of the decision will be forwarded to relevant occupiers.

11. Where agreed, a new dual language nameplate will be erected at the start and finish of the street or road in question and at such points along it as required e.g. at other road junctions, in accordance with any operational requirements as determined by the Property Services Team.

Revision Adopted June 2018

Page 21 of 232 Appendix 2

Page 22 of 232 Appendix 3

Page 23 of 232 Appendix 4

Page 24 of 232

Report on Dual Language Signage Survey

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To advise Members on the result of surveys undertaken on all applicable residents on the streets/roads in response to Dual Language Signage Nameplate requests.

2.0 Background

Members had previously agreed to canvass, by post, all occupiers as listed on the Electoral Register residing on the streets/roads as noted below seeking their views on the request to erect dual-language street nameplates in the Irish Language as requested in each case.

3.0 Main Report

3.1 The Building Control Service within the Public Health and Infrastructure Department issued occupiers of the undernoted streets, correspondence seeking their views on the request to erect a dual-language street nameplate.

Completed surveys were received by the return date and the outcome is as follows in each case:

3.2 Name of Street Rogully Road, Magherafelt Language Requested Irish Date Request Validated 01/12/2017 Survey Request Approved by 13/02/2018 Environment Committee Surveys Issued 09/07/2018 Surveys returned by 06/08/2018

Page 25 of 232 Survey Letters Issued 53 Survey Letters Returned 34 Replies in Favour 29 Replies not in Favour 2 Invalid 3 Valid Returns 31 Percentage in Favour 94%

In accordance with the Dual Language Signage Nameplates Policy, where more than 51% of the completed replies returned by occupiers indicate that they are in favour of the erection of a dual language street nameplate, then the Members are requested to consider to permit or not permit the erection of the dual language nameplates at Rogully Road, Magherafelt.

3.3 Name of Street Ballyeglish Road, Magherafelt Language Requested Irish

Date Request Validated 01/12/2017

Survey Request Approved by 13/02/2018

Environment Committee

Surveys Issued 09/07/2018

Surveys returned by 06/08/2018

Survey Letters Issued 20 Survey Letters Returned 17 Replies in Favour 12 Replies not in Favour 3 Invalid 2 Valid Returns 15 Percentage in Favour 80%

3.4 Name of Street Rock Road, Moneymore Language Requested Irish Date Request Validated 29/11/2017 Survey Request Approved by 13/02/2018 Environment Committee Surveys Issued 09/07/2018 Surveys returned by 06/08/2018 Survey Letters Issued 34 Survey Letters Returned 22 Replies in Favour 21 Replies not in Favour 0 Invalid 1 Valid Returns 21 Percentage in Favour 100%

Page 26 of 232 In accordance with the Dual Language Signage Nameplates Policy, where more than 51% of the completed replies returned by occupiers indicate that they are in favour of the erection of a dual language street nameplate, then the Members are requested to consider to permit or not permit the erection of the dual language nameplates at Rock Road, Moneymore

3.5 Name of Street Anneeter Road, Cookstown Language Requested Irish Date Request Validated 02/01/2018 Survey Request Approved by 13/02/2018 Environment Committee Surveys Issued 02/08/2018 Surveys returned by 30/08/2018 Survey Letters Issued 153 Survey Letters Returned 63 Replies in Favour 62 Replies not in Favour 0

Invalid 1

Valid Returns 62

Percentage in Favour 100%

In accordance with the Dual Language Signage Nameplates Policy, where more than 51%

of the completed replies returned by occupiers indicate that they are in favour of the

erection of a dual language street nameplate, then the Members are requested to consider

to permit or not permit the erection of the dual language nameplates at Anneeter Road,

Cookstown.

3.6 Name of Street Ratheen Avenue, Cookstown Language Requested Irish Date Request Validated 05/02/2018 Survey Request Approved by 13/03/2018 Environment Committee Surveys Issued 02/08/2018 Surveys returned by 30/08/2018 Survey Letters Issued 158 Survey Letters Returned 65 Replies in Favour 59 Replies not in Favour 4 Invalid 2 Valid Returns 63 Percentage in Favour 94%

Page 27 of 232

3.7 Name of Street Sullenboy Park, Cookstown Language Requested Irish Date Request Validated 05/02/2018 Survey Request Approved by 13/03/2018 Environment Committee Surveys Issued 02/08/2018 Surveys returned by 30/08/2018 Survey Letters Issued 75 Survey Letters Returned 37 Replies in Favour 29 Replies not in Favour 1 Invalid 7

Valid Returns 30

Percentage in Favour 97%

In accordance with the Dual Language Signage Nameplates Policy, where more than 51%

of the completed replies returned by occupiers indicate that they are in favour of the

erection of a dual language street nameplate, then the Members are requested to consider

to permit or not permit the erection of the dual language nameplates at Sullenboy Park,

Cookstown

3.8 Name of Street Ballygruby Lane, Moneymore Language Requested Irish Date Request Validated 01/12/2017 Survey Request Approved by 13/02/2018 Environment Committee Surveys Issued 09/07/2018 Surveys returned by 06/08/2018 Survey Letters Issued 22 Survey Letters Returned 11 Replies in Favour 3 Replies not in Favour 8 Invalid 0 Valid Returns 11 Percentage in Favour 27%

In accordance with the Dual Language Signage Nameplates Policy, where more than 51% of the completed replies returned by occupiers indicate that they are not in favour of the erection of a dual language street nameplate, then the Members are requested to consider that the dual language street nameplate is not approved or erected at Ballygruby Lane, Moneymore.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Within Current Resources

Human: Within Current Resources

Page 28 of 232 Risk Management: None

4.2 Screening & Impact Assessments

Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 That Members note the results of the surveys and agree the application of Dual Language Nameplates in Irish for the streets/roads as noted below:

1. Rogully Road, Magherafelt

2. Ballyeglish Road, Magherafelt

3. Rock Road, Moneymore

4. Anneeter Road, Cookstown

5. Ratheen Avenue, Cookstown

6. Sullenboy Park, Cookstown

5.2 That Members note the results of the survey and do not approve the application of Dual Language Nameplates in Irish for the street/road as noted below:

1. Ballygruby Lane, Moneymore

6.0 Documents Attached & References

6.1 Appendix 1 – Street Naming and Dual Language Signage – Section 6.0 : Dual Language Signage Nameplates Policy

6.2 Appendix 2 – Dual Language Nameplate Translation for each street/road

Page 29 of 232

Page 30 of 232 Appendix 1

MID ULSTER DISTRICT COUNCIL Dual Language Signage Nameplates (Article 11 of The Local Government (Miscellaneous Provisions) (NI) Order 1995) Revised Policy and Procedure

6.0 DUAL LANGUAGE SIGNAGE NAMEPLATES

6.1 The Council will apply this policy when considering applications for dual language signage expressing the name of the street in a language other than English, to both existing and new streets.

6.3 Criteria - General

The Council in making arrangements and providing opportunities for dual language signage within street naming shall;

1. Have regard to any views on the matter expressed by occupiers of the street

6.4 The provision of dual language Street Names will normally only be considered in the following circumstances:

Page 31 of 232

Dual Language Signage Nameplates: Procedure

The procedure for seeking and assessing the views of occupiers and criteria to be applied in deciding whether to erect a dual language nameplate in a language other than English is;

7. If the request is refused by those households surveyed, further requests will not be considered until the expiry of 12 months from the date at which the Environment Committee refuses it.

Revision Adopted June 2018

Page 32 of 232

9. The font and size of lettering of the other language shall be in accordance with that as shown in Appendix E.

Revision Adopted June 2018

Page 33 of 232 Appendix 2

Dual Language Nameplate

Current Name Irish Translation

Road Rogully Road Bóthar Uí Rogallaigh

Townlands Ballygurk Baile Mhig Oirc

Ballygillen More Baile Uí Ghiolláin Mór

Current Name Irish Translation

Road Ballyeglish Road Bóthar Bhaile na hEaglaise

Townlands Ballyeglish Baile na hEaglaise

Ballygurk Baile Mhig Oirc

Current Name Irish Translation

Road Rock Road Bóthar na Carraige

Townlands Ballindrum Baile an Droma

Mawillian Maigh Chuileáin

Ballygruby Baile Gruabaí

Page 34 of 232

Current Name Irish Translation

Road Anneeter Road Bóthar Eanach Íochtarach

Townlands Anneeter Beg Eanach Íochtarach Beag

Ardean Ard Éan

Current Name Irish Translation

Road Ratheen Avenue Ascaill an Ráithín

Townland Gortalowry Gort an Leamhraigh

Current Name Irish Translation

Road Sullenboy Park Páirc an tSaileáin Bhuí

Townlands Gortalowry Gort an Leamhraigh

Sullenboy An Sailéan Buí

Page 35 of 232

Page 36 of 232

Report on Consultation on the Draft ‘Flourinated Greenhouse Gases (Amendment) Regulations (NI)2018 Reporting Officer Fiona McClements

Contact Officer Conor Breslin

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 The purpose of this report is to inform Members on the recent consultation document issued by the Department of Agriculture, Environment and Rural Affairs on the Draft ‘Flourinated Greenhouse Gases (Amendment) Regulations (NI) 2018. Mid Ulster Council has been consulted as a stakeholder and responses are due by 26th October 2018.

2.0 Background

2.1 Flourinated gases (F-gases) are, in the short term, harmless to humans, animals and plants. However, in the long term, they are extremely powerful ‘greenhouse gases’ and have a very high global warming potential, much higher than carbon dioxide. This would obviously contribute to rising global temperatures.

EU legislation therefore requires that the use of F-gases is restricted and monitored. Laws on F-gases have been compiled for Northern Ireland. These relate to certain industries where the use of F-Gases use remains common. Operators using F-gases are required to carry out leak checks and to ensure that persons repairing or maintaining such systems are suitably qualified and certified. Other legislative provisions restrict the manufacture and importation of F-gases.

The draft Fluorinated Greenhouse Gases (Amendment) Regulations (NI) 2018 (F-Gas Regulations) are the means by which the U.K. Government seeks to ensure compliance with the latest set of binding requirements laid down by the European Union.

Substantive F-gas Regulations are already in force from 2015 and the current proposal expands upon the requirements of these regulations. The proposal also expands upon the type of industrial and business sectors involved. The Environmental Health Service is responsible for enforcement of the 2015 Regulations on behalf of Mid Ulster Council.

3.0 Main Report

3.1 A public consultation document including draft Regulations has been issued by the Department of Agriculture, Environment and Rural Affairs. The draft Regulations update and extend the existing provisions as follows:

 An expanded range of prescribed business activities such as installation, repair and decommissioning in an expanded number of sectors now require certification from an external body appointed by Government before such work can be carried out. This includes work with electrical switchgear (where Power NI will be most

Page 37 of 232 affected) but also maintenance and servicing of refrigeration units of refrigerated trucks and trailers;

 Additional powers being given to DAERA on issuing directions on enforcement to district councils;

 Additional labelling requirements over and above existing labelling required under the 2015 Regulations.

3.2 In its Partial Regulatory Impact Assessment published as part of the consultation, DAERA recognises that additional costs will have to be borne by the sectors involved. It is expected that central Government will ensure that the requirements on labelling, certification and training will be developed on behalf of the UK as a whole and communicated directly to the relevant business sectors. Locally, it would be expected that some businesses installing, decommissioning and servicing refrigerated trucks and trailers would have to bear additional costs as a result of these Regulations.

It is recommended that DAERA again follow a risk-based and proportionate approach to the enforcement responsibilities under the Regulations along similar lines to that employed during the introduction of the 2009 and 2015 Regulations. This would mean that regulatory effort from the Environmental Health Service would be almost exclusively reactive and based on intelligence that non-compliance is taking place. It is recommended that the DAERA confirms this regulatory approach with the Council before the Regulations come into operation.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: At present, not significant as with previous regulations of this nature.

Human: To be determined .

Risk Management: As identified

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: N/A

Rural Needs Implications: N/A

5.0 Recommendation(s)

5.1 It is recommended that the draft response in Appendix 1 to the Department of Agriculture, Environment and Rural Affairs consultation on the “the draft Fluorinated Greenhouse Gas (Amendment) Regulations (Northern Ireland) 2018” is endorsed by Members.

6.0 Documents Attached & References

6.1 Appendix 1 – MUDC Draft response

6.2 Appendix 2 - Consultation on the draft ‘Flourinated Greenhouse Gases (Amendment) Regulations (NI) 2018

Page 38 of 232 Appendix 1

Mid Ulster District Council Draft Consultation Response

The draft ‘Flourinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018

Mid Ulster District Council would provide the following comment. The proposals within the draft Amendment Regulations have been noted alongside the potential costs to certain sectors regarding F-gas compliance. The administration of certification and intelligence gathering on potential non-compliance/non- certification should be handled centrally and passed to District Councils as relevant. Many of the offences relate to the failure to undertake steps designed to minimise the escape of F-gases to the atmosphere during servicing etc. These offences are not realistically going to be detected by district council officers and hence the continued focus needs to be on the training and certification of workers engaged in these activities. The cost to enforcement bodies will be determined by the regulatory effort necessary. The Council expect the Department as the competent authority under the appropriate regulations to agree the regulatory effort in consultation with the Council. It would be expected that a risk-based (centralised where possible) and proportionate approach would be followed in a manner similar to that employed during the introduction of the previous set of F-gas Regulations. Mid Ulster District Council would therefore request that a review of enforcement activity is undertaken which may inform potential costs to Local Authorities over and above those currently borne under the previous set of F-Gas Regulations.

Yours Sincerely

Page 39 of 232 Appendix 2

CONSULTATION

The draft Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018

Air and Environmental Quality Unit

Regulatory and Natural Resources Policy Division

August 2018

Page 40 of 232 You can obtain a copy of this consultation document in other formats by contacting:

Air & Environmental Quality Unit Regulatory and Natural Resources Policy Division Department of Agriculture, Environment and Rural Affairs (NI) 2nd Floor, Klondyke Building Gasworks Business Park Cromac Avenue Belfast BT7 2JA

Email: [email protected]

Direct Dial: (028) 905 69541

Page 41 of 232 CONTENTS Number Section Page No. 1 Purpose 4 2 How to respond 5 3 Closing date 5 4 Confidentiality of consultations 6 5 European Directives and EU Exit 7 6 Summary and key questions 8 6.1 What are F-gases? 8 6.2 What are the effects of F-gas emissions? 8 6.3 What is the name of the new Regulations being proposed? 8 6.4 Which stakeholders will the draft NI F-gas Amendment Regs affect? 8 7 Current provisions on F-gases 10 8 New provisions 12 8.1 Offshore installations 12 8.2 Service of information notices and enforcement notices 12 8.3 Provisions on Certification, Evaluation and Attestation bodies (“CEAs”) 13 8.4 Changes to business activities for which certification is required 13 8.5 Provisions on the online listing of CEAs 15 8.6 New power to the Department on issuing directions on district councils’ enforcement 16 8.7 Change in terminology for person/organisation carrying out enforcement 16 8.8 Update to offences on labelling of products containing F-gases 17 8.9 Inclusion of work with refrigeration units of refrigerated trucks and trailers in F-gas offences 19 8.10 New reasons acceptable for contesting an enforcement notice 23 8.11 Requirement for businesses transferring F-gas work to ensure appropriate certification 24 8.12 New certification requirement for SRAC, heat pumps and refrigeration units of trucks and trailers 25 8.13 New provisions on certification for work with F-gases in electrical switchgear 28 9 Introduction of equivalent F-gas provisions in other parts of the UK 29 2

Page 42 of 232 9.1 Application of the GB F-gas Amendment Regs to NI 29 9.2 Provisions of the GB F-gas Amendment Regs which affect NI 29

9.3 Provisions of GB F-gas Amendment Regs for which equivalent provisions are not being introduced in NI 30 10 Stakeholder engagement 33 11 Impact assessments 34 11.1 Equality impact Assessment 34 11.2 Human Rights Impact Assessment 35 11.3 Rural Proofing 36 12 Partial Regulatory Impact Assessment 37 12.1 Offshore installations 37 12.2 Service of information notices and enforcement notices 38 12.3 Provisions on CEAs 38 12.4 Changes to business activities for which certification is required 39 12.5 Provisions on the online listing of CEAs 39 12.6 New power to the Department on issuing directions on district councils’ enforcement 40 12.7 Change in terminology for person/organisation carrying out enforcement 40 12.8 Update to offences on labelling of products containing F-gases 41 12.9 Inclusion of work with refrigeration units of refrigerated trucks and trailers in F-gas offences 41 12.10 New reasons acceptable for contesting an enforcement notice 42 12.11 Requirement for businesses transferring F-gas work to ensure appropriate certification 42 12.12 New certification requirement for SRAC, heat pumps and refrigeration units of trucks and trailers 43 12.13 New provisions on certification for work with F-gases in electrical switchgear 43 Annex 1 Text of the draft NI F-gas Amendment Regs 44 Annex 2 List of consultees 53

Page 43 of 232 1. Purpose

This consultation paper seeks your comments on the Department of Environment, Agriculture and Rural Affairs (NI)’s (“the Department”) proposed draft new law on fluorinated greenhouse gases (“F-gases”).

These draft Regulations aim to amend existing NI F-gases Regulations, in line with EU requirements, and help to control Northern Ireland’s (“NI”) greenhouse gas emissions and help limit global warming.

F-gases are used in NI in the following sectors of business/industry:

a) refrigeration systems, b) air conditioning (including in motor vehicles), c) heat pump equipment, d) F-gas based solvents, e) high-voltage switchgear, f) insulation foam, g) refrigerated lorries and trailers, h) aerosols, i) fire protection, j) magnesium smelting/casting, k) Organic Rankine Cycles (“ORCs”), and l) chemical manufacturers and suppliers.

European Union (“EU”) legislation allows these business activities to continue but only by adhering to means by which emissions of F-gases are limited. These draft Regulations allow EU provisions to apply in NI.

Page 44 of 232 2. How to respond

Please forward your comments on the consultation document to:

Roger Irwin Air & Environmental Quality Unit Department of Agriculture, Environment and Rural Affairs (NI) 2nd Floor Klondyke Building Cromac Avenue Gasworks Business Park Belfast BT7 2JA

E-mail: [email protected]

3. Closing date

Responses should be submitted by 26th October 2018, although earlier responses would help to administer the draft legislation sooner.

A summary of the responses received will be issued after the consultation has closed. We will not respond individually to the points you raise nor will we acknowledge receipt of individual responses unless requested.

Additional copies of this consultation paper are available on written request to the address or email above or by telephoning 028 905 69541.

It is also available at: https://www.daera-ni.gov.uk/consultations

Page 45 of 232 4. Confidentiality of Consultations

The Freedom of Information Act 2000 gives the public a right of access to any information held by a public authority, namely the Department in this case. This includes information provided in response to a consultation. The Department cannot automatically consider information supplied to it in response to a consultation to be confidential.

However, it does have a responsibility to decide whether any information provided by you in response to a consultation, including information about your identity, should be made public or be treated as confidential. If you do not wish information about your identity to be made public please include an explanation in your response. However, please be aware that confidentiality cannot be guaranteed, except in very particular circumstances.

The Department will process your personal data in accordance with the Data Protection Act 1998, should you respond in an individual capacity. This means that your personal information will not be disclosed to third parties should you request confidentiality.

You should be aware that the Department will publish a synopsis of responses to the consultation.

Page 46 of 232 5. European Regulations and EU Exit

EU Regulations on F-gases are directly applicable in NI. These place a duty on EU Member States to “lay down the rules on penalties applicable to infringements of this Regulation and take all measures necessary to ensure that they are implemented”.

The referendum on 23 June 2016 resulted in a decision that the United Kingdom (“UK”) should leave the EU. However, until such time as exit negotiations are concluded, the UK remains a full Member of the EU, and all the rights and obligations associated with EU membership remain in place.

EU legislation will continue to be negotiated, implemented and applied during this period. It is the outcome of those exit negotiations that will determine the arrangements that should apply in relation to legislation in the future once the UK has left the EU.

Page 47 of 232 6. Summary and key questions

6.1 What are F-gases?

F-gases include:

a) hydrofluorocarbons (“HFCs”),

b) perfluorocarbons (“PFCs”) and

c) sulphur hexafluoride (“SF6”).

6.2 What are the effects of F-gas emissions?

F-gases are believed to have a very high Global Warming Potential (“GWP”), are generally long-lived, and are included in the greenhouse gases listed in the Kyoto Protocol.

F-gas emissions are therefore a contributory factor to the long term greenhouse effect.

6.3 What is the name of the new Regulations being proposed?

The name of the new Regulations being proposed is the draft Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018 (“the draft NI F-gas Amendment Regs”).

6.4 Which stakeholders will the draft NI F-gas Amendment Regs affect?

The sectors of business named in the first section named “purpose” are the main stakeholders, i.e. the following:

a) refrigeration systems,

b) air conditioning (including in motor vehicles),

c) heat pump equipment,

d) F-gas based solvents,

Page 48 of 232 e) high-voltage switchgear,

f) insulation foam,

g) refrigerated lorries and trailers,

h) aerosols,

i) fire protection,

j) magnesium smelting/casting,

k) ORCs, and

l) chemical manufacturers and suppliers.

However, the F-gas provisions also affect the certification, evaluation and attestation bodies (“CEAs”) who assess training performance and award the certificates which are legally required for work with F-gases in the above sections of industry.

In addition, enforcing authorities, including NI district councils, may also consider the draft NI F-gas Amendment Regs to have an effect on their work duties.

The Department will also consult internally and with other government departments, as necessary.

However, this list of consultees need not be seen as being exhaustive. The Department remains open-minded as to any other potential stakeholder who may consider that the draft NI F-gas Amendment Regs affects them or their work. Any person or organisation may submit views to the Department as part of the consultation process.

Page 49 of 232 7. Current provisions on F-gases

The current Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 (“the 2015 NI Regs”) ensure that stakeholders working with F-gases in industry can carry out their roles with only limited leakage of F-gases into the atmosphere. This is the existing legislation before the introduction of these new proposed draft NI F-gas Amendment Regs.

Provisions of the 2015 NI Regs include requirements for:

a) all users to ensure that F-gases are not intentionally released in to the atmosphere,

b) individuals and companies to be qualified for work with F-gases,

c) companies to record and report to the EU on their use of F-gases (large scale use only),

d) the labelling of products containing F-gases,

e) leakage checks and repairs for large products containing F-gases, including during production and transportation of products,

f) placing F-gases on the market,

g) using F-gases within quantities laid out in quotas,

h) recovery of F-gases after use of the product,

i) restrictions on the use of F-gases for some types of industrial processes, and

j) all users of F-gases to co-operate with regulators during inspections

Enforcement notices and fines can already be imposed for failure to comply with the 2015 NI Regs. The 2015 NI Regs arise from the requirements of earlier EU legislation on F-gases. As the EU legislation is updated, the provisions of the 2015 NI Regs also need to be revised to ensure that the references to the EU legislation remain correct. The draft NI F-gas Amendment Regs fulfil this requirement.

Page 50 of 232 The latest EU legislation prescribes requirements on the labelling of products containing F-Gases, and the training and certification of technicians that handle F-Gases.

This consultation document has been compiled to inform all stakeholders of the new powers, duties and offences that will be introduced by updating the 2015 NI Regs, in accordance with EU legislation.

Page 51 of 232 8. New provisions 8.1 Offshore installations:

There is a slight change to the definition of an offshore installation in draft reg 6, making an amendment to reg 4(1) of the 2015 NI Regs – text in italics is new:

““Northern Ireland offshore installation” means an installation or a structure (other than a ship), which is situated in the marine area and used, or intended to be used or has been used, in connection with any of the following activities (…)”.

This is to account for offshore installations which are engaged in hydrocarbon-related activities or which are between contracts (for example in transit from one location to another, while cold stacked or while sheltering from the weather).

8.2 Service of information notices and enforcement notices:

There are new provisions on the service of information notices and enforcement notices that affect enforcing authorities/authorised persons (draft reg 7, inserting a new reg 5A into the 2015 NI Regs). These provisions include:

a) the terms under which it would be acceptable to send a notice by electronic means to a person (paragraphs (3), (7) and (8) of new reg 5A), and

b) acceptable methods of delivery of a written notice, including to business partnerships to companies (paragraphs (4) to (6) of new reg 5A).

Page 52 of 232 8.3 Provisions on Certification, Evaluation and Attestation bodies (“CEAs”) CEAs are the existing providers of examination, training and assessment for the required certificates for businesses and employees to work legally with F-gases in an environmentally sound way.

The Department will, once the draft NI F-gas Amendment Regs come into operation, need to consult the equivalent departments in England, Scotland and Wales before appointing a new CEA to provide training for, or award qualifications on, work with F-gases in NI (draft reg 8, updating reg 6(1) of the 2015 NI Regs).

The Department may also charge fees under these new provisions to allow the Department to recoup any reasonable financial costs incurred whilst reviewing an organisation’s application to become a CEA (draft reg 8, introducing new reg 6(2) to the 2015 NI Regs).

The Department may also terminate an organisation’s designation as a CEA, if the equivalent departments in England, Scotland and Wales also approve of this (draft reg 8, introducing new reg 6(3) to the 2015 NI Regs). This must be done in writing.

8.4 Changes to the business activities for which certification is required

The business activities for which certification is required for work with F- gases are updated by draft reg 13, which updates current reg 16(a) and (c) of the 2015 NI Regs.

The business activities are (in addition to activities under existing NI F- gas laws):

Page 53 of 232 For work with stationary refrigeration, air conditioning and heat pump equipment, and the refrigeration units of refrigerated trucks and trailers:

a) leakage-checking of equipment containing 5 tonnes of CO2 equivalent or more of F-gases and not contained in foams, unless the equipment is hermetically sealed, is labelled as such and

contains F-gases in quantities of less than 10 tonnes of CO2 equivalent,

b) repair, and

c) decommissioning.

For work with the refrigeration units of refrigerated trucks and trailers:

a) recovery,

b) installation, and

c) maintenance or servicing.

For work with electrical switchgear:

a) installation,

b) servicing,

c) maintenance,

d) repair, and

e) decommissioning.

Page 54 of 232 8.5 Provisions on the online listing of CEAs

The CEAs, who provide training for, or award qualifications on, businesses’ and employees’ work with F-gases in NI, will no longer be listed in legislation. Instead, the legislation would allow for them to be listed in a format of the Department’s choosing (draft reg 15, introducing new reg 17A of the 2015 NI Regs).

The format is most likely to be a web-page on a government web-site. The web-site is currently planned to be a page within this web-site (use search function): http://www.gov.uk/

The web-page may be (for companies): https://www.gov.uk/guidance/certification-for-companies-working-on-equipment-containing-f-gas

Or (for individuals) (N.B these two web addresses may be subject to updates): https://www.gov.uk/guidance/qualifications-required-to-work-on-equipment-containing-f-gas

New CEAs or any editing made to the list would only be carried out after full consultation between the Department and the equivalent departments in England, Scotland and Wales (draft reg 15, introducing new reg 17A of the 2015 NI Regs).

The information on the CEA to be included on the list would need to be the following (draft reg 15, introducing new reg 17A of the 2015 NI Regs):

a) name; b) company number, where relevant; c) postal address; d) telephone number; and

Page 55 of 232 e) e-mail address.

This would mean that the list of CEAs would be more flexible and more readily updateable, as and when is necessary. It would no longer be necessary for new legislation to be drafted, should the list change in any way.

8.6 New power to the Department on issuing directions on district councils’ enforcement

The district councils would be obliged, under the terms of the draft NI F- gas Amendment Regs, to comply with any direction issued by the Department stating that the Department must enforce certain sections of the 2015 NI Regs. (draft reg 16(3), introducing new reg 18(7) to the 2015 NI Regs)

The Department would also be able to revoke or modify existing directions on the enforcement of the provisions of the 2015 NI Regs. (draft reg 16(3), introducing new reg 18(8) to the 2015 NI Regs)

8.7 Change in terminology for person/organisation carrying out enforcement

The powers in the provisions of regulations 22 and 23 of the 2015 NI Regs to issue information notices and enforcement notices remain the same (with the exceptions detailed in points 8.8 and 8.9 below).

However, the power to issue these notices becomes the power of the “enforcing authority” in each case in regulations 22 and 23 of the 2015 NI Regs, where it used to be the power of the “authorised person”.

This change is introduced by draft regs 17 and 18(2) of the draft NI F-gas Amendment Regs.

Page 56 of 232 8.8 Update to offences on labelling of products containing F-gases

Draft reg 18(3) of the draft NI F-gas Amendment Regs updates reg 23(1)(c) of the 2015 NI Regs. This introduces new provisions on the potential failure to label products containing F-gases correctly.

The same types of product need to be labelled as before, but there are now new provisions on the type of label required. This new offence is punishable by enforcement notice. The provisions are:

a) as well as all the previous types of equipment, the labelling requirements now also apply to:

• aerosol dispensers that contain F-gases, except for metered dose inhalers for the delivery of pharmaceutical ingredients,

• F-gas based solvents, and

• ORCs.

b) the label on all types of equipment must now also include the following additional information:

• the quantity expressed in tonnes of CO2 equivalent of F- gases contained in the product or equipment (or the quantity of F-gases for which the equipment is designed),

• the global warming potential of those gases,

Page 57 of 232 • the weight of F-gases will still need to be expressed, but now it must be in kilograms, and

• in the case of electrical switchgear, a reference that the electrical switchgear has a tested leakage rate of less than 0.1 % per year as set out in the technical specification of the manufacturer.

c) when the F-gases in products and equipment are intended to serve certain uses, the following text must be included in the label, if any of the following criteria apply:

• ‘100 % Reclaimed’ or ‘100 % Recycled’ (N.B. the label must include the postal address of the reclamation or recycling facility),

• ‘Imported for destruction only’,

• ‘For direct bulk export outside EU only’,

• ‘For use in military equipment only’,

• ‘For etching/cleaning in semiconductor industry only’,

• ‘For feedstock use only’, and

Page 58 of 232 • ‘For MDI production only’: for F-gas quantities intended for the delivery of pharmaceutical ingredients in metered-dose inhalers (MDIs).

d) in the case of refrigeration, air conditioning equipment and heat pumps, which are insulated with foam blown from F-gases, the label must include the text: “Foam blown with fluorinated greenhouse gases.”

e) the label must be:

• clearly readable,

• indelible,

• placed beside the service ports for charging or recovering the F- gases, on the part of the product or equipment that contains the F-gases, and

• in the official language(s) of the Member State(s) in which it is to be placed on the market.

8.9 Inclusion of work with refrigeration units of refrigerated trucks and trailers in F-gas offences

An enforcement notice may now be served on workers with qualifications on work with F-gases in the refrigeration units of refrigerated trucks and trailers, if they fail to comply with the requirements of regs 23(4) or 23(5)(c) of the 2015 NI Regs.

This because of the introduction of draft reg 18(5)(a) of the draft NI F-gas Amendment Regs. 19

Page 59 of 232 The requirement still applies to workers with qualifications for work with F- gases in stationary refrigeration, air conditioning and heat pump equipment, as it did before, in the existing 2015 NI Regs.

This means that the workers with qualifications on work with F-gases in the refrigeration units of refrigerated trucks and trailers must now comply with all the following requirements of EU Regulation 1516/2007, on leakage checking of equipment containing F-gases, which can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:335:0010:0012:EN:PDF

Article 3 (checking equipment records) – before carrying out leakage checks, certified personnel must check the equipment records.

Article 4 (systematic checks) – the following parts of the equipment containing F-gases must be systematically checked:

a) joints;

b) valves including stems;

c) seals, including seals on replaceable driers and filters;

d) parts of the system subject to vibration; and

e) connections to safety or operational devices.

Article 5 (choice of measuring method) – either a direct or an indirect measuring method must be chosen.

Page 60 of 232 Article 6 (direct measuring methods) – if a direct measuring method is chosen, certified personnel must use one or more of the following direct measuring methods:

a. check of circuits and components representing a risk of leakage with gas detection devices adapted to the refrigerant in the system. N.B. these devices must be checked every 12 months to ensure that they are still working effectively. The sensitivity of portable gas detection devices must be at least five grams per year,

b. application of ultraviolet (UV) detection fluid or suitable dye in the circuit – to only be undertaken if the manufacturer of the equipment has approved that such detection methods are technically possible. The method shall only be undertaken by personnel certified to undertake activities which entail breaking into the refrigeration circuit containing fluorinated greenhouse gases; and/or

c. proprietary bubble solutions/soapsuds.

N.B. some further conditions apply here - Prior to pressure testing with Oxygen-Free-Nitrogen (OFN) or another suitable pressure testing gas to check for leakage, fluorinated greenhouse gases shall be recovered from the whole system by personnel certified to recover F-gases from the specific type of equipment.

Page 61 of 232 Article 7(1) (indirect measuring methods) - to identify a leakage of F-gases, certified personnel must carry out a visual and manual check of the equipment and analyse one or more of the following parameters:

a) pressure,

b) temperature,

c) compressor current,

d) liquid levels, and/or

e) recharge volume.

Article 7(2) (examination using a direct method) - any presumption of F-gas leakage from an indirect measuring method must be followed by an examination for leakage using a direct method as is described in the section on Article 6 above.

Operators of the refrigeration units of refrigerated trucks and trailers must ensure that the following requirements of Commission Regulation 1516/2007 are carried out by a person qualified in relation to stationary equipment containing F-gases:

Article 8 (repair of leakage) - The operator must ensure that the repair is carried out by personnel certified to undertake that specific activity. Before repairing, a pump-down or recovery shall be carried out, where necessary.

Page 62 of 232 The operator must ensure that a leakage test with OFN or another suitable pressure testing and drying gas is carried out where necessary, followed by evacuation, recharge and leakage-test.

Before pressure testing with OFN or another suitable pressure testing gas, F-gases must be recovered from the whole application where necessary.

The cause of the leakage must be identified as far as possible, to avoid recurrence.

Article 10 (Requirements for newly commissioned equipment) - newly installed equipment must be checked for leakage immediately after it has been put into service.

8.10 New reasons acceptable for contesting an enforcement notice

In the section on appeals against enforcement notices issued for alleged breach of the F-gas provisions (draft reg 19 of the draft NI F-gas Amendment Regs), 4 main reasons are given as being acceptable for contesting an enforcement notice. These are that the notice was:

(a) based on an error of fact;

(b) wrong in law;

Page 63 of 232 8.11 Requirement for businesses transferring F-gas work to ensure appropriate certification

Draft reg 22 of the draft NI F-gas Amendment Regs introduces a new offence, punishable by enforcement notice.

An organisation which assigns a work task with F-gases to another business/organisation must ensure that the employees and/or the business as a whole hold the necessary certificates for the specific type of work with F-gases.

The work tasks referred to in the paragraph above are the following types of work with F-gases in equipment:

a) installation, b) servicing, c) maintenance, d) repair or decommissioning, e) leak checks, and/or f) the recovery of F-gases.

The relevant equipment is:

a) stationary refrigeration equipment, b) stationary air-conditioning equipment, c) stationary heat pumps, d) fire protection equipment, e) refrigeration units of refrigerated trucks and trailers, f) electrical switchgear, and/or g) ORCs.

Page 64 of 232 8.12 New certification requirement for SRAC, heat pumps and refrigeration units of trucks and trailers

Draft regulation 23(2) of the draft NI F-gas Amendment Regs makes changes to the existing offences on the requirements for both individual workers and companies to obtain certificates to continue to work legally with F-gases.

The relevant types of company are:

a) stationary refrigeration, b) stationary air-conditioning, c) heat pumps, and d) refrigeration units of refrigerated trucks and trailers (an entirely new category).

The offences are still punishable by enforcement notice and the new offences relate to the following:

Personnel certificates: a) certificates are now required for the personnel carrying out work with F-gases in the sectors above, and doing the following types of work:

• repair, • decommissioning, and • leakage checks of equipment containing F-gases in quantities of 5

tonnes of CO2 equivalent or more, and not contained in foams, unless:

Page 65 of 232

i the equipment is hermetically sealed,

ii it is labelled to show it is hermetically sealed, and

iii it contains F-gases in quantities of less than 10 tonnes of

CO2 equivalent.

N.B. certificates are now also required for personnel with refrigeration units of refrigerated trucks and trailers for the following types of work with F-gases, as is already the case (under previous legislation) for stationary refrigeration, stationary air conditioning and heat pumps:

• recovery, • installation, and • maintenance or servicing.

N.B. personnel may already work legally with F-gases on the above activities with refrigeration units of refrigerated trucks and trailers through an alternative existing certificate that covers some or all of the requirements on F-gas certification.

In this case, the personnel may only be required to complete some of the requirements for a new certificate for F-gas work under these draft NI F-gas Amendment Regs. b) Category III certificate holders may carry out recovery for all the types of equipment containing F-gases mentioned above if:

• the equipment contains less than 3kg of F-gases, or

Page 66 of 232 • if the equipment is a hermetically sealed system that is labelled as such, with less than 6kg of F-gases.

(N.B. this is a new exception to an existing offence, rather than a new offence as such)

Company certificates: a) Certificates are now required for the companies in the sectors of business mentioned above carrying out the following activities with F- gases:

• repair, and • decommissioning.

N.B. certificates are now also required for companies with refrigeration units of refrigerated trucks and trailers for the following types of work with F-gases, as is already the case (under previous legislation) for stationary refrigeration, stationary air conditioning and heat pumps:

• installation, and • maintenance/servicing. b) Company certificates must now also display the maximum charge size, expressed in kg, of the equipment concerned, for all the businesses mentioned in the sectors above.

Page 67 of 232 All the original requirements to be displayed on company certificates now also apply to company certificates for work with F-gases in the refrigeration units of refrigerated trucks and trailers.

8.13 New provisions on certification for work with F-gases in electrical switchgear

Under the provisions of draft reg 23(3) of the draft NI F-gas amendment Regs certificates are now required to work legally with F-gases in electrical switchgear whilst undertaking the following activities:

a) installation, b) servicing, c) maintenance, d) repair, and e) decommissioning.

The requirement to obtain the relevant certificate to work legally with F- gases in stationary electrical switchgear whilst undertaking recovery remains in law, as it was in the 2015 NI Regs.

Breach of this provision is punishable by enforcement notice.

Please note that there are two new requirements on the minimum knowledge and skills required for a certificate for work with F-gases in electrical switchgear:

a) reduction of leakage and leak checks, and b) basic knowledge of relevant technologies to replace or to reduce the use of F- gases and their safety handling.

(N.B. this is more of a new requirement than an actual offence)

Page 68 of 232 9. Introduction of equivalent F-gas provisions in other parts of the UK

9.1 Application of Fluorinated Greenhouse Gases (Amendment) Regulations 2018 (“the GB F-gas Amendment Regs”) to NI The Department of the Environment, Food and Rural Affairs (“DEFRA”) has already carried out a consultation and brought analogous F-gas amendment Regulations into operation on F-gases for England, Scotland and Wales.

This legislation is the GB F-gas Amendment Regs (see full name of legislation in title above). This implements broadly similar provisions to those of the draft NI F-gas Amendment Regs, for England, Scotland and Wales only (although also partly for NI, as is described below).

9.2 Provisions of the GB F-gas Amendment Regs which affect NI

There are provisions contained within the draft GB F-gas Amendment Regs which deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998 (“import/export provisions”).

These apply directly to NI, as this is a reserved matter for which the UK government legislates for NI. For this reason, these provisions will not be discussed here, as they were already covered by the terms of the equivalent DEFRA consultation for the draft GB F-gas Amendment Regs.

However, a brief summary of these provisions is listed below, and should you have any further queries, please feel free to request information using the contact details on page 5.

Page 69 of 232 a) The same new provisions on the issuance of information and enforcement notices described for NI in section 8.2 on page 12 above also apply in GB, and in the case of import/export provisions, in NI.

b) The requirement for importers of equipment charged with HFCs to supply the customs authorities with a copy of the declaration of conformity when the customs declaration is submitted, and

c) The requirement for importers of equipment containing F-gases to submit the verification document using the reporting tool made available by the European Commission by 31st March every year.

9.3. Provisions of GB F-gas Amendment Regs for which equivalent provisions are not being introduced in NI

A number of provisions of the GB F-gas Amendment Regs are not currently due to be introduced in the draft NI F-gas Amendment Regs. These are listed below.

If any stakeholders have any views on these, and/or wish them also to apply in NI, please feel free to submit your views as part of the consultation process. Contact details are available at page 5. a) Civil penalty provisions

The GB F-gas Amendment Regs have introduced civil penalty provisions for enforcing authorities in England and Scotland (but not in Wales or NI) and in the relevant marine areas.

Page 70 of 232 To this end, they have updated many of the offences contained in the current Fluorinated Greenhouse Gases Regulations 2015 (“the 2015 GB Regs”) so that they are no longer offences punishable through the courts, but instead incur a civil penalty.

Civil penalties may therefore now be issued in England and Scotland for breaches of the 2015 GB Regs. Penalties range in scale from £1,000 to £200,000, based on factors including the severity of the infringement and the size of the business, in line with the enforcement and sanctions guidance of the relevant enforcement body.

The Department does not propose to update the 2015 NI Regs in the same way. Instead, it is proposed to continue enforcing the 2015 NI Regs via the courts in the current way, also with the use of information notices and enforcement notices.

This current means is laid out in regulations 22 (information notices), 23 (enforcement notices), 26 (offences) and 28 (penalties) of the 2015 NI Regs. b) Information sharing between HMRC and enforcing authorities

The GB F-gas Amendment Regs allow for information sharing between HMRC and the enforcing authorities, if the information is relevant to the enforcement of the GB F-gas provisions.

This currently applies to all of the following enforcing authorities, though none are currently from NI:

Page 71 of 232 • the Environment Agency,

• the Secretary of State,

• the Natural Resources Body for Wales,

• the Welsh Ministers,

• the Scottish Environmental Protection Agency, and

• the Scottish Ministers.

N.B. it is an offence for any of the organisations mentioned above to divulge information to the public, which has been obtained from HMRC, for the purpose of their enforcement of the GB F-gas provisions.

Page 72 of 232 10. Stakeholder engagement

During the preparation of the draft NI F-gas Amendment Regs, views have been sought from a number of pre-consultees who would be directly affected by the potential provisions.

These include government departments in England, Scotland and Wales, to whom the Department has also provided comment on the equivalent GB F-gas Amendment Regs, where they relate to Northern Ireland.

All enforcing bodies, i.e. the NI district councils and the NI Environment Agency, have been consulted in advance, as has the Department of Justice, regarding all new offences, powers and duties mentioned in the draft NI F-gas Amendment Regs.

In addition, the one CEA exclusively based in NI (NI Electricity) has been informed of the new provisions.

Pre-consultees may still comment on the provisions of the draft NI F-gas Amendment Regs during the full consultation period, if desired.

Page 73 of 232 11. Impact Assessments

11.1 Equality Impact Assessment

Under Section 75 of the Northern Ireland Act 1998, public authorities have a statutory duty to promote equality of opportunity. This legislation can be found at: http://www.legislation.gov.uk/ukpga/1998/47/section/75

Preliminary screening exercises have been undertaken on the draft NI F- gas Amendment Regs and there is no evidence that the proposed measures will have any impact on any of the groups specified in Section 75. Therefore, the Department does not consider a full Equality Impact Assessment to be necessary.

However, any differing views that any stakeholders may have on equality- related aspects of the draft NI F-gas Amendment Regs will be taken into account by the Department.

The groups specified in Section 75 are:

(a) persons of different:

(i) religious belief,

(ii) political opinion,

(iii) racial group,

(iv) age,

(v) marital status, or

(vi) sexual orientation,

Page 74 of 232 (b) between men and women generally,

(d) between persons with dependants and persons without.

Copies of all screened policies are available from the Department’s website at: https://www.daera-ni.gov.uk/daeras-equality-scheme

The Equality Commission will receive copies of this consultation document as part of the consultation exercise. Any comments that the Equality Commission might have will be taken into account.

11.2 Human Rights Impact Assessment

The Human Rights Act 1998 (“HRA”) implements the European Convention on Human Rights (“ECHR”), which makes it unlawful for any public authority to act in a way that is incompatible with these rights.

Since the implementation of the HRA, all legislation must be checked to ensure compliance with the rights set out in the ECHR.

Screening exercises have been completed which concluded that the draft NI F-gas Amendment Regs are compatible with the HRA. However, the Department welcomes any alternative views that stakeholders may have on human rights issues in the draft NI F-gas Amendment Regs, which you are welcome to express as part of this consultation.

The HRA can be found on the following web-page: http://www.legislation.gov.uk/ukpga/1998/42/contents

Page 75 of 232 The text of the ECHR can be found on the following web-page: http://conventions.coe.int/treaty/en/Treaties/Html/005.htm

11.3 Rural Proofing

Rural proofing is a process to ensure that all the Department’s policies are examined carefully and objectively. It determines whether or not those policies have a different impact in rural areas from that elsewhere, given the particular characteristics of rural areas.

Consideration should be given to the policy adjustments that could be made to reflect rural needs so that, as far as possible, public services are accessible on a fair basis to the rural community. The Department believes that rural areas are not impacted differently, in any significant way, from urban areas by the introduction of the provisions in the draft NI F-gas Amendment Regs.

The one possible minor exception to this is the placement of details of CEAs online. This may cause some issues for people in rural areas that have limited internet access.

However, telephone numbers and postal addresses are also made available as an alternative means for stakeholders to contact the CEAs. Further details of the Department’s Rural Needs Impact Assessment on rural proofing are available on request (see page 5 for contact details for making a request).

Should any stakeholders have any concerns about the effects of the provisions of the draft NI F-gas Amendment Regs on rural areas, the Department invites you to make these known as part of the consultation process.

Page 76 of 232 12. Partial Regulatory Impact Assessment

The Department has carried out a Partial Regulatory Impact Assessment on the policy implications for the draft NI F-gas Amendment Regs. At present, no significant financial burdens are anticipated by the Department for any stakeholders.

However, the Department remains open-minded as to any financial effects arising from the draft provisions that may not have occurred to it, and stakeholders are invited to submit their opinions on any concerns, monetary or otherwise, that they may have in relation to the measures contained in the draft NI F-gas Amendment Regs (see page 5 for how to submit replies to this consultation).

Each of the new provisions of the draft NI F-gas Amendment Regs have been listed below with the Department’s assessment of how they may (or may not) potentially affect stakeholders in a financial way:

12.1 Offshore installations:

(draft reg 6, making an amendment to reg 4(1) of the 2015 NI Regs, also described on page 12 of this document)

As there are currently no relevant offshore installations known to the Department in NI waters, the Department does not anticipate any financial burdens as a result of this provision for any stakeholders.

However, should any stakeholders know of any offshore installations in NI waters, or of any monetary implications arising from this measure, please feel free to share your views with us.

Page 77 of 232 12.2 Service of information notices and enforcement notices:

(draft reg 7, inserting a new reg 5A to the 2015 NI Regs, as is described on page 12 of this document)

As these provisions merely clarify the means by which an enforcement notice can be delivered, the Department assumes that there will be no extra financial costs for either the businesses using F-gases or for the enforcing authorities.

In addition, the supplementary option for the enforcing authority to send an enforcement notice by electronic communication, as opposed to posting printed documents, will (most likely) save the enforcing authority money in postage and printing costs.

The Department would, on the other hand, be interested to hear any opinions from stakeholders who disagree with this assessment, and who feel that there may be financial implications for their organisation as a result of this proposed measure.

12.3 Provisions on CEAs

(draft reg 8, making a substitution to current reg 6 of the 2015 NI Regs, as is described on page 13 of this document)

The Department’s new power to charge fees to recoup any reasonable financial costs incurred whilst reviewing an organisation’s application to become a CEA may cause concern to existing CEAs.

The Department would be interested to hear existing or potential future CEAs’ views on this provision, including their opinions on the term “reasonable financial costs”.

Page 78 of 232 In addition, CEAs may wish to express views on the proposed measure that would allow the Department and equivalent departments in England, Scotland and Wales to come to a collective decision to terminate an organisation’s designation as a CEA.

12.4 Changes to the business activities for which certification is required

(draft reg 13, updating reg 16(a) and (c) of the current 2015 NI Regs, as is detailed on pages 13 and 14 of this document)

Businesses using F-gases in:

a) stationary refrigeration, b) air conditioning, c) heat pump equipment, d) the refrigeration units of refrigerated trucks and trailers, and e) electrical switchgear may be concerned about additional financial costs arising from this draft measure.

The financial costs would be for training staff to work legally with F-gases in the activities listed on page 14 of this document. The Department would be willing to discuss any projected figures for these costs that stakeholders may have.

12.5 Provisions on the online listing of CEAs

(draft reg 15, introducing new reg 17A to the 2015 NI Regs, as is detailed on pages 15 and 16 of this document)

It is unlikely that any CEA or company working with F-gases in equipment will incur any financial costs as a result of this provision.

Page 79 of 232 The provision introduces an online list of CEAs for qualifications for work with F-gases, which is more easily updated, as and when required, than the current list of CEAs in legislation. Other than that, there are no changes as a result of this particular provision.

The names, company numbers, postal addresses, telephone numbers and e-mail addresses of the current CEAs are already listed online in any case, in the web-page displaying the 2015 NI Regs: http://www.legislation.gov.uk/nisr/2015/425/made

However, should any stakeholders have any issues with this, the Department is willing to consider your views as part of the consultation.

12.6 New power to the Department when issuing directions on district councils’ enforcement of F-gas provisions

(draft reg 16(3), introducing new reg 18(7) to the 2015 NI Regs, as is detailed on page 16 of this document)

District councils may wish to consider if they anticipate any undue financial implications from being legally obliged to comply with a direction from the Department on the enforcement of any of the F-gas related provisions in NI.

N.B. directions can also be issued by the Department to district councils under the current 2015 NI Regs, but there would now be an extra provision stating: “The district council must comply with a direction given to it under paragraph (2).”

12.7 Change in terminology for person/organisation carrying out enforcement

(draft regs 17 and 18(2), introducing updates to regs 22 and 23 of the 2015 NI Regs, as is detailed on pages 16 and 17 of this document)

Page 80 of 232

No financial implications should arise in practice from this change in terminology, as the provisions of the legislation itself remain unaffected.

However, the Department welcomes any views, financial or otherwise, that stakeholders may wish to share on the effects of this measure.

12.8 Update to offences on labelling of products containing F-gases

(draft reg 18(3), updating reg 23(1)(c) of the 2015 NI Regs, as is detailed on pages 17 to 19 of this document)

There may be some extra financial costs for businesses using F-gases to comply with all the necessary requirements to label their products containing F-gases.

The Department would be willing to hear stakeholders’ views on these costs, preferably if figures, as precise as possible, can be given to support these views.

In addition, labelling requirements will also apply to three new sectors of business, who may also wish to offer their views.

12.9 Inclusion of work with refrigeration units of refrigerated trucks and trailers in F-gas offences

(draft reg 18(5), introducing new reg 23(11)(c)(i) to (iii) to the 2015 NI Regs, as is detailed on pages 19 to 23 of this document)

The requirements in this provision for workers with refrigerated lorries and trailers containing F-gases may incur financial costs upon this sector of businesses in NI. 41

Page 81 of 232 The requirements are to carry out the checks for leakages into the atmosphere of F-gases, and, if necessary, to repair any leakage that there may be.

If stakeholders believe that these measures may impose excessive financial costs upon their business, they are invited to inform the Department, preferably making as accurate an estimate as possible of the potential costs.

12.10 New reasons acceptable for contesting an enforcement notice (draft reg 19, adding new reg 24(6) to the 2015 NI Regs, as is detailed on page 23 of this document)

The Department expects that these new provisions will not impose an excessive financial burden upon the courts or the enforcing authorities, and will instead clarify the reasons why an enforcement notice may potentially be contested.

Should any stakeholder disagree with this assessment, however, the Department would be willing to hear your views.

12.11 Requirement for businesses transferring F-gas work to ensure appropriate certification

(draft reg 22, making an amendment to Schedule 2 of the 2015 NI Regs, as is described on page 24 of this document)

This provision requires businesses to ensure that whoever undertakes work with F-gases on their behalf also holds the requisite qualifications. Some stakeholders may incur financial costs as a result of administering this verification process.

As with all other provisions, the Department welcomes stakeholder comments on this matter, preferably backed by estimated figures on the costs.

Page 82 of 232 12.12 New certification requirement for SRAC, heat pumps and refrigeration units of trucks and trailers

(draft reg 23(2), substituting a new table 1 in Schedule 3 of the 2015 NI Regs, as is described on pages 25 to 27 of this document)

Individuals and companies working in the sectors mentioned above (with “SRAC” standing for “stationary refrigeration and air-conditioning”) will need to obtain the relevant certificates for several types of work with F- gases, including repair, recovery, installation, maintenance/servicing, decommissioning, and leakage checks.

This will clearly involve expenditure for a number of sectors of business. Stakeholders are welcome to submit views to the Department on their estimated costs.

12.13 New provisions on certification for work with F-gases in electrical switchgear

(draft reg 23(3), substituting a new table 3 in Schedule 3 of the 2015 NI Regs, as is described on page 28 of this document)

The list of work activities with F-gases in electrical switchgear, for which certificates are legally required, is due to be lengthened.

This may mean that more training and certification is required for workers in the electrical switchgear sector. Stakeholders are invited to provide estimates of the costs and the feasibility of carrying this out for their business.

Page 83 of 232 Annex 1

Text of the draft NI F-gas Amendment Regs

DRAFT STATUTORY RULES OF NORTHERN IRELAND

2018 No.000

ENVIRONMENTAL PROTECTION

The Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018

Made - - - - *** Coming into operation - ***

The Department of Agriculture, Environment and Rural Affairs, being a department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the environment, makes these Regulations in exercise of the powers conferred by section 2(2) of that Act.

Citation, commencement and application 1—(1) These Regulations may be cited as the Fluorinated Greenhouse Gases (Amendment) Regulations (Northern Ireland) 2018 and come into operation on [ ]. (2) These Regulations apply to Northern Ireland only in so far as they do not deal with import and export controls and trade with any place outside the United Kingdom, within the meaning of paragraph 20 of Schedule 3 to the Northern Ireland Act 1998(3).

Amendment of the Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015 2. The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2015(4) are amended in accordance with regulations 3 to 23.

Amendment of regulation 1 (citation, commencement and application) 3. In regulation 1(2), the words “and Northern Ireland offshore installations” are omitted.

Amendment of regulation 2 (interpretation: general) 4—(1) In regulation 2(1)— (a) before the definition of “authorised person”, insert the following definition—

(1) S.I. 2008/301 (2) 1972 c. 68. Section 2(2) is amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). (3) 1998 c. 47. (4) S.R. 2015 No. 425. 44

Page 84 of 232 “the Interpretation Act” means the Interpretation Act (Northern Ireland) 1954(5);”; and (b) for “Department of the Environment” substitute “Department of Agriculture, Environment and Rural Affairs”. (2) For regulation 2(2) substitute— “(2) The Interpretation Act applies to these Regulations as it applies to an Act of the Assembly. (3) Section 20A (references to EU instruments) of the Interpretation Act 1978(6) applies to these Regulations as it applies to Acts of Parliament.”.

Amendment of regulation 3 (interpretation: EU Regulations) 5-(1) Regulation 3 is amended in accordance with paragraphs (2) to (4). (2) In paragraph (1)— (a) the following definitions are omitted— (i) “Commission Regulation 1494/2007(7)”; (ii) “Commission Regulation 303/2008(8)”; (iii) “Commission Regulation 305/2008(9)”; and (iv) “Commission Regulation 308/2008(10)”; (b) after the definition of “Commission Regulation 308/2008”, omit “and”; (c) in the definition of “Commission Regulation 1191/2014”, for “, as amended from time to time.”, substitute “;”; and (d) after the definition of “Commission Regulation 1191/2014”, insert— ““Commission Regulation 2015/2065” means Commission Implementing Regulation (EU) 2015/2065 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States(11); “Commission Regulation 2015/2066” means Commission Implementing Regulation (EU) 2015/2066 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear(12); “Commission Regulation 2015/2067” means Commission Implementing Regulation (EU) 2015/2067 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases(13); and “Commission Regulation 2015/2068” means Commission Implementing Regulation (EU) 2015/2068 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament

(5) 1954 c. 33 (N.I.) (6) 1978 c. 30 (7) OJ No L 150, 20.5.2014, p 195. (8) OJ No L 92, 3.4.2008, p 3. (9) OJ No L 92, 3.4.2008, p 17. (10) OJ No L 92, 3.4.2008, p 28. (11) OJ No L 332, 18.12.2007, p 25. (12) OJ No L 301, 18.11.2015, p 22. (13) OJ No L 301, 18.11.2015, p 28. 45

Page 85 of 232 and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases(14).”. (3) For paragraph (2)(b) to (j), substitute— “(b) Commission Regulation 1497/2007(15); (c) Commission Regulation 1516/2007(16); (d) Commission Regulation 304/2008(17); (e) Commission Regulation 306/2008(18); (f) Commission Regulation 307/2008(19); (g) Commission Regulation 1191/2014(20); (h) Commission Regulation 2015/2065; (i) Commission Regulation 2015/2066; (j) Commission Regulation 2015/2067; and (k) Commission Regulation 2015/2068.”. (4) For paragraph (3), substitute— “(3) A reference in these Regulations to Commission Regulation 1191/2014 is a reference to that Commission Regulation as amended from time to time.”.

Amendment of regulation 4 (interpretation – offshore installations) 6—(1) Regulation 4(1) is amended in accordance with paragraphs (2) and (3). (2) For “, other than a ship,”, substitute “(other than a ship)”; and (3) After “used”, insert “, or intended to be used or has been used,”.

Insertion of new regulation 5A (service of notices) 7. After regulation 5 (competent authority), insert—

“Service of notices 5A.—(1) Section 24 (service of documents) of the Interpretation Act applies to the service of notices subject to this regulation and any specific provision made in these Regulations for a particular type of notice. (2) A notice takes effect when served. (3) A notice may, subject to paragraph (8) and without prejudice to the application of section 24(2) of the Interpretation Act, be served on a person by sending it to the person by electronic means. (4) A notice to a partnership may be given to a partner or a person who has the control or management of the partnership business at the address of the principal office of the partnership. (5) For the purposes of this regulation, the principal office of a company registered outside the United Kingdom, or of a partnership undertaking business outside the United Kingdom, is its principal office within the United Kingdom. (6) If a person has specified an address in the United Kingdom, other than the person’s address within the meaning of paragraph (4) or section 24 of the Interpretation Act, as the one at which the person or

(14) OJ No L 301, 18.11.2015, p 39. (15) OJ No L 333, 19.12.2007, p 4. (16) OJ No L 335, 20.12.2007, p 10. (17) OJ No L 92, 3.4.2008, p 12. (18) OJ No L 92, 3.4.2008, p 21. There is a relevant corrigendum (OJ No L 280, 23.10.2008, p 38). (19) OJ No L 92, 3.4.2008, p 25. (20) OJ No L 318, 5.11.2014, p 5 46

Page 86 of 232 someone on the person’s behalf will accept notices of the same description as a notice, that address is also treated for the purposes of this regulation and section 24 of the Interpretation Act as the person’s address by which service may be effected. (7) A notice may be sent to a person by electronic means only if— (a) the person has indicated that notices of the same description as the notice may be given to the person by being sent to an electronic address and in an electronic form specified for that purpose; and (b) the notice is sent to that address in that form. (8) A notice sent to a person by electronic means is, unless the contrary is proved, to be treated as having been given at 9am on the working day immediately following the day on which it was sent. (9) In this regulation— (a) “electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means; and (b) “notice” means an information notice served under regulation 22 or an enforcement notice.”.

Substitution of regulation 6 (certification and evaluation bodies: stationary refrigeration, air conditioning and heat pump equipment) 8. For regulation 6, substitute—

“Appointment of certification, attestation and evaluation bodies 6.—(1) The Department, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, may appoint such person and on such terms as the Department thinks fit to be— (a) in relation to Commission Regulation 304/2008— (i) a certification body for the purposes of Article 5 (personnel certificates); (ii) an evaluation body for the purposes of Article 5; and (iii) a certification body for the purposes of Article 8 (company certificates); (b) for the purposes of Commission Regulation 306/2008— (i) a certification body; and (ii) an evaluation body; (c) for the purposes of Commission Regulation 307/2008, an attestation body; (d) for the purposes of Commission Regulation 2015/2066— (i) a certification body; and (ii) an evaluation body; (e) in relation to Commission Regulation 2015/2067— (i) a certification body for the purposes of Article 4 (certificates for natural persons); (ii) an evaluation body for the purposes of Article 4; and (iii) a certification body for the purposes of Article 6 (company certificates). (2) The Department may charge such fees as it considers will enable the recovery of any reasonable expenses incurred in reviewing an application to be appointed as a certification, evaluation and/or attestation body under paragraph (1). (3) The Department may, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, decide to terminate the appointment of a person appointed under paragraph (1) by giving that person notice of the decision, with reasons, in writing.”.

Page 87 of 232 Amendment of regulation 7 (certificates relating to stationary refrigeration, air conditioning and heat pump equipment, issued in EEA States and Great Britain) 9. In regulation 7, for “Article 5 or 8 of Commission Regulation 303/2008”, for each time that it appears, substitute “Article 4 or 6 of Commission Regulation 2015/2067”.

Omission of regulations 8 and 10 10. Regulations 8 (certification and evaluation bodies: fire protection systems and fire extinguishers) and 10 (certification and evaluation bodies: high-voltage switchgear) are omitted.

Amendment of regulation 11 (certificates relating to high-voltage switchgear issued in EEA States and Great Britain) 11—(1) Regulation 11 is amended in accordance with paragraphs (2) and (3). (2) In the heading, for “high-voltage”, substitute “electrical”; and (3) For “Article 4 of Commission Regulation 305/2008”, for each time that it appears, substitute “Article 3 of Commission Regulation 2015/2066”.

Omission of regulations 12 and 14 12. Regulations 12 (certification and evaluation body: fluorinated greenhouse gas-based solvents) and 14 (attestation bodies: air conditioning systems in certain motor vehicles) are omitted.

Amendment of regulation 16 (obligation of employers to employ qualified employees) 13. In regulation 16— (a) in sub-paragraph (a), for “303/2008”, substitute “2015/2067”; and (b) in sub-paragraph (c), for “305/2008”, substitute “2015/2066”.

Amendment of regulation 17 (obligations on certification bodies, attestation bodies and evaluation bodies to provide information) 14. In regulation 17— (a) in paragraph (1)(a), for “303/2008”, substitute “2015/2067”; (b) in paragraph (1)(c), for “305/2008”, substitute “2015/2066”; and (c) in paragraph (4), for “308/2008”, substitute “2015/2065”.

Insertion of new regulation 17A (publication of details of certification bodies, attestation bodies and evaluation bodies) 15. After regulation 17, insert—

“Publication of details of certification bodies, attestation bodies and evaluation bodies 17A.—(1) The Department, after consulting the Scottish Ministers, the Welsh Ministers and the Secretary of State, must publish the following information about any person appointed as a certification body, attestation body or evaluation body under regulation 6— (a) name; (b) company number, where relevant; (c) postal address; (d) telephone number; and (e) e-mail address.

Page 88 of 232 (2) Publication under this regulation is to be in such a manner as the Department considers appropriate.”.

Amendment of regulation 18 (enforcement) 16-(1) Regulation 18 is amended in accordance with paragraphs (2) and (3). (2) In paragraph (1), for “(5)”, substitute “(8)”; and (3) After paragraph 18(6), insert— “(7) The district council must comply with a direction given to it under paragraph (2). (8) A direction given under paragraph (2) may be revoked or modified by a further direction given under that paragraph.”.

Amendment of regulation 22 (information notices) 17. In regulation 22, for “authorised person”, substitute “enforcing authority”.

Amendment of regulation 23 (enforcement notices) 18—(1) Regulation 23 is amended in accordance with paragraphs (2) to (5). (2) For “authorised person”, for each time that it appears, substitute “enforcing authority”. (3) In paragraph (1), for sub-paragraph (c), substitute— “(c) fails, where labelling for products and equipment is required under Article 12 of the 2014 Regulation, to comply with Article 2 of Commission Regulation 2015/2068 (labelling format); ”. (4) In paragraph (10), for each time that it appears, after “enforcing authority”, insert “which served the notice”. (5) In paragraph (11)(c)— (a) in head (i), for “Article 5 of Commission Regulation 303/2008”, substitute “Article 4 of Commission Regulation 2015/2067”; (b) in head (ii), for “Article 4(3)(a) or (c) of Commission Regulation 303/2008”, substitute “Article 3(3)(b) or (4) of Commission Regulation 2015/2067”; and (c) for head (iii), substitute— “(iii) is exempt from holding such a certificate by virtue of Article 3(3)(a) of Commission Regulation 2015/2067 where the person is suitably qualified for the purposes of the essential safety requirements in paragraph 21(3) (permanent joining) of Part 3 of Schedule 2 to the Pressure Equipment (Safety) Regulations 2016(21);”.

Amendment of regulation 24 (appeals against enforcement notices) 19. After regulation 24(5), insert— “(6) The grounds for an appeal brought under this regulation are that a decision to serve the enforcement notice was— (a) based on an error of fact; (b) wrong in law; (c) wrong for any other reason; or (d) unreasonable.”.

(21) S.I. 2016/1105 49

Page 89 of 232 Amendment of regulation 27 (offences committed by bodies corporate, partnerships and unincorporated associations) 20. In regulation 27(1)(a), the words “(Northern Ireland) 1954” are omitted.

Omission of Schedule 1 (certification and evaluation bodies (high voltage switchgear)) 21. Schedule 1 is omitted.

Amendment of Schedule 2 (2014 Regulation provisions) 22. In Schedule 2, in the table, after the entry entitled “Article 8(3)”, insert—

“Article 10(11) Requirement on undertakings assigning tasks referred to in Article 10(1) to another undertaking to take reasonable steps to ascertain that the latter holds the necessary certificates for the required tasks.”.

Amendment of Schedule 3 (Commission Regulation provisions) 23—(1) Schedule 3 is amended in accordance with paragraphs (2) and (3). (2) For Table 1 (certification for stationary refrigeration, air conditioning and heat pump equipment), substitute— “Table 1 Certification for stationary refrigeration, air conditioning and heat pump equipment Provision of Commission Regulation Summary of subject matter 2015/2067 Article 3(1) (read in association with Requirement on natural persons carrying Articles 2, 3(3) and (4)) out activities referred to in Article 2(1) (scope) to hold a certificate as referred to in Article 4 (certificates for natural persons) for the corresponding category, as set out in Article 3(2) (certification of natural persons). Article 5 Requirement on companies referred to in Article 2(2) to hold a certificate as referred to in Article 6 (company certificates).”.

(3) For Table 3 (certification for recovery of fluorinated greenhouse gases from high voltage switchgear), substitute— “Table 3 Certification for electrical switchgear Provision of Commission Regulation Summary of subject matter 2015/2066 Article 2(1) (read in association with Requirement on natural persons carrying out Articles 2(2) and (3) and 9) the activities referred to in Article 1 (subject matter and scope) to hold a certificate as referred to in Article 3 (issuance of certificates to natural persons).”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on [ ].

Page 90 of 232

Dave Foster A senior officer of the Department of Agriculture, Environment and Rural Affairs

Page 91 of 232 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make updates to existing Regulations on fluorinated greenhouse gases (“F-gases”). F-gases are, in the short term, harmless to humans, animals and plants. However, in the long term, they have a very high Global Warming Potential (“GWP”), much higher than carbon dioxide, contributing to rising global temperatures. EU legislation therefore requires that the use of F-gases is restricted and monitored. Laws on F-gases have therefore been compiled for Northern Ireland (including on offshore installations in Northern Ireland waters), as F-gases are used in a number of sectors of industry in Northern Ireland. Some of the features of these amending Regulations are the introduction of new requirements for businesses on labelling of equipment containing F-gases, the inclusion of work with refrigeration units of refrigerated trucks and trailers in several F-gas offences, and a new requirement for businesses transferring F-gas work to another organisation. The Regulations also contain a new certification requirement for work with F-gases in stationary refrigeration, air conditioning, heat pumps and the refrigeration units of trucks and trailers. There is also a variation in the existing provisions on certification for work with F-gases in electrical switchgear. A full impact assessment of the effect that these Regulations would have upon the costs of business is available from the Department of Agriculture Environment and Rural Affairs (DAERA), Klondyke Building, 1 Cromac Avenue, Gasworks Business Park, Belfast, BT7 2JA.

Page 92 of 232 Annex 2

List of consultees

The following businesses and organisations were invited to respond to the consultation, although responses are also accepted from any other stakeholder:

Individual businesses in the following NI sectors of industry:

ABBATOIRS, MEAT SUPPLIERS, FIRE PROTECTION, ELECTRICAL SWITCHGEAR, REFRIGERATION, AIR CONDITIONING, HEAT PUMPS, VEHICLE AIR CONDITIONING, VEHICLE DISMANTLERS, REFRIGERATED LORRIES AND TRAILERS, SUPERMARKET CHAINS, ORGANIC RANKINE CYCLES (ORCS), CHEMICAL SUPPLIERS AND AEROSOLS.

COLLECTIVE BUSINESS ORGANISATIONS

GMB Trade Union Irish Congress of Trade Unions – NI Committee (ICTUNI)

Ulster Farmers’ Union UNISON

Unite the Union Amalgamated Transport & General Workers Union

Union of Shop, Distributive & Allied NIPSA Workers

SIPTU

PROPOSED CERTIFICATION ORGANISATIONS

ABB Limited Alstom Grid UK Limited

Bureau Veritas UK Limited City and Guilds of London Institute

Construction Industry Training Board EA Technology Limited

Electricity Northwest Limited Fire Industry Association

Fraser Technologies IMI Awards Limited

Institute of Road Transport Engineers Institute of the Motor Industry

Lucy Electric National Grid Electricity Transmission plc

Northern Ireland Electricity Quidos Limited (F-gas Register)

Page 93 of 232 Refcom/Welplan Schneider Electric Limited

Scottish Power Energy Network Siemens Transmission and Distribution Holdings Limited Limited

UK Power Networks (Operations) Western Power Distribution plc (East Limited Midlands, South Wales, South West & West Midlands)

Building Engineering Services Logic Certification Ltd Association (BESA)

ABC Awards

ENFORCING AUTHORITIES

NI Environment Agency Department for Business, Energy and Industrial Strategy (BEIS) (GB)

DISTRICT COUNCILS OF NI & ASSOCIATED ORGANISATIONS

Antrim & Newtownabbey Borough Ards & North Down Borough Council Council

Armagh City, Banbridge & Craigavon Belfast City Council Borough Council

Causeway Coast & Glens Borough Derry City & Strabane District Council Council

Fermanagh & Omagh District Council Local Government Staff Commission

Lisburn & Castlereagh City Council Mid & East Antrim Borough Council

Mid Ulster District Council National Association of Councillors

Newry Mourne & Down District Council NI Audit Office

NI Local Government Association Society of Local Authority Chief (NILGA) Executives and Senior Managers (SOLACE)

GOVERNMENT DEPARTMENTS

NI Assembly The Executive Office

Department for Communities Department of Education

Page 94 of 232 Department for the Economy Department of Finance

Department for Infrastructure Department of Health

Department of Justice DEFRA (GB)

Scottish Government Directorate of Welsh Government People and Energy & Climate Change Environment Division Department for Business, Energy Environmental Protection Agency and Industrial Strategy (GB) (RoI) POLITICAL ORGANISATIONS AND INDEPENDENT POLITICIANS

Alliance Party of NI CISTA

Claire Sugden MLA Cross Community Labour Alternative

Democratic Unionist Party Green Party

Labour Party NI Lady Sylvia Hermon MP NI Conservatives People Before Profit Alliance Progressive Unionist Party SDLP

Sinn Fein Traditional Unionist Voice

UKIP Ulster Unionist Party

Workers Party

OTHER CONSULTEES

An Munia Tober Autism NI

Advice NI Age NI

ACSONI African and Caribbean Support Agri-Food & Biosciences Institute Organisation of Northern Ireland (AFBI)

AWARE Defeat Depression Action on Hearing Loss NI

Belfast Hebrew Congregation BBC Northern Ireland

Bishop of Down and Connor British Deaf Association (NI)

Bryson Charitable Group Bryson Inter-Cultural

Belfast Butterfly Club Baha'i Council for NI

Page 95 of 232 Barnardos Belfast Islamic Centre

Belfast Jewish Community Children with Disabilities Strategic Alliance

Community Foundation for NI Council for Maintained Schools

Conradh na Gaelge Coiste-na n-iarchimi

Community Places Cedar Foundation

CO3 Chief Officers of Third Sector Carers Northern Ireland

Children’s Law Centre Children in NI

Chinese Welfare Association Commissioner for Older People NI

Committee on the Admin of Justice Community Development & Health (CAJ) Network (NI)

Community Foundation for NI Community Relations Council (CRC)

Council for the Homeless (NI) Confederation of Community Groups

Cruse Bereavement Care (NI) Chrysalis Women’s Centre

Catholic Bishops of NI Derry Well Woman

Disability Action DAERA Disability Forum

Down’s Syndrome Association European Commission Office in NI

Employers for Disability NI Early years – The organization for young children

Employers' Forum on Disability Equality Coalition

Equality Commission for NI Statutory Equality Forum NI Duty Team

Falls Women’s Centre Focus: the Identity Trust

Foyle Women’s Information Network FPA (NI) Formerly Family Planning Association

Falls Community Council Foras na Gaeilge

Foyle, Carlingford & Irish Lights Grand Orange Lodge of Ireland

Gay Lesbian Youth Northern Ireland General Consumer Council

Page 96 of 232 Guide Dogs for the Blind Association Institute of Directors

Include Youth Information Commissioners Office

Indian Community Centre Lord Chief Justice’s Office

Leonard Cheshire Here NI

Lesbian Line Livestock & Meat Commission for NI

Loughs Agency Magherafelt Women's Group

Men’s Action Network MENCAP

Methodist Church in Ireland National Beef Association (NBA)

NI Association for Mental Health NI Association for the Care and (NIAMH) Resettlement of Offenders (NIACRO)

National Autistic Society Northern NI Rural Development Council Ireland

NI Commissioner for Children and Newry and Mourne Women Ltd Young People

Newtownabbey Senior Citizens Forum NI Dyslexia Association

NI Agricultural Consultant’s Association NI Council for Ethnic Minorities (NICEM) (NIACA)

NI Muslim Family Association NI Council for Voluntary Action

NI Human Rights Commission (NIHRC) NI Rural Women’s Network

NI Women’s Aid Federation NIAPA

NIPSA North West Community Network

Northern Ireland Youth Forum NSPCC

Oi Kwan Chinese Women’s Group Omagh Ethnic Communities Support Group

Omagh Women's Area Network Playboard NI

Parenting NI Parents & Professionals & Autism

POBAL Press for Change

Presbyterian Church in Ireland Queer Space

Page 97 of 232 Rainbow Project Rare Breeds Survival Trust

RNIB Rural Community Network

RSPB Rural Development Council

Rural Support Roman Catholic Church

Schomberg Society Save the Children

Strategic Investment Board Senior Citizen's Consortium, Sperrin Lakeland

Sense NI Sikh Community Centre

Sikh Women’s and Children’s Assoc South Tyrone Empowerment Programme (STEP)

The Trans Forum The Women’s Centre

Training for Women Network Ltd The Participation Network

Traveller and Gay (TAG) Ultach

Ulster Federation of Credit Unions Ulster-Scots Agency (UFCU)

Volunteer Now Women’s Support Network

Women’s Centre Waterways Ireland

Women’s Information Group Women’s Forum NI

Women of the World (WOW) Women's Resource & Development Agency

Youth Action Youth Council for Northern Ireland

Page 98 of 232

Report on Home Safety Partnership Agreement between NI Fire & Rescue Service (NIFRS) and Mid Ulster District Council - 2018/19 Date of Meeting 9th October 2018

Reporting Officer Fiona McClements

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

To seek approval to renew the partnership agreement between NI Fire and Rescue 1.1 Service (NIFRS) and Mid Ulster District Council.

2.0 Background

2.1 Northern Ireland Fire & Rescue Service (NIFRS) has requested the assistance of councils to identify people at risk so that they can provide enhanced assistance to those who need their help the most. The NIFRS recognise that a referral by a partnership agency is the best way for NIFRS to identify those most at risk in the community.

2.2 NIFRS define people at risk as persons who:

 are aged 60 or older; or  have impaired mobility*; or  are referred to NIFRS by a partnership agency.

*includes people with a disability or mental health problem who have a reduced ability to respond to an emergency. NIFRS will also accept referrals for people who fall outside of this definition but who may also be at risk. Examples include those who are alcohol dependent, or have a history of fires in the home. Each referral will be assessed on a case-by-case basis.

2.3 NIFRS Offer Free of Charge:

 Home Fire Safety Checks (HFSCs) - this is a visit to the home to offer detailed fire safety advice and ensure that the home is fitted with a working smoke alarm.  Talks to People at Risk Groups - this is a visit where a talk is delivered to detail how to stay safe from fire in the home.

3.0 Main Report

3.1 The aims of the partnership are to:

 provide additional fire safety advice to people at risk for the mutual benefit of both organisations;  reduce fire deaths, injuries and fires in the homes of people at risk; and  improve partnership working for the benefit of both organisations.

Page 99 of 232 3.2 The objectives of this partnership are to:

 contribute to an overall reduction in the number of accidental fire deaths and fire- related injuries in dwellings in Northern Ireland; and  provide a free Home Fire Safety Check (HFSC) to every referral from the partnership agency, within 28 days from the date of the referral.

3.3 The responsibilities of the signatories will be to:

 communicate the document titled ‘Guidance for your Team’ to staff to provide guidance on how to implement the partnership agreement;  on signing, publicise the partnership through a local joint press release and media launch;  publicise and raise awareness of the partnership within each organisation;  review and re-sign the partnership in accordance with the review process;  maintain accurate records to be able to demonstrate the success of the partnership; and  ensure data protection protocols are followed when processing data.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: None Human: None Risk Management: None

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: None Rural Needs Implications: None

5.0 Recommendation(s) 5.1 It is recommended that the NIFRS Home Safety Partnership Agreement – 2018 /19 is signed between NIFRS and MUDC.

6.0 Documents Attached & References

6.1 Appendix 1 - People At Risk Partnership Agreement – 2018/19

Page 100 of 232

Appendix 1

People at Risk

Partnership Agreement

between

Document Version Number: 2 Version Date: 12 September 2018 Maintained by: AGC Begley

Page 101 of 232 PARTNERSHIP AGREEMENT

CONTENTS Page

VERSION CONTROL ...... 3 1 INTRODUCTION ...... 4 1.1 Purpose ...... 4 1.2 People at Risk...... 4 1.3 Aims ...... 4 1.4 Objectives ...... 5 1.5 NIFRS Service ...... 5 1.6 Partnership Organisation’s Service ...... 5 2 RESPONSIBILITIES ...... 6 3 PARTNERSHIP ARRANGEMENTS ...... 7 3.1 Signatories ...... 7 3.2 Public Liability ...... 7 3.3 Termination ...... 7 3.4 Joint Training ...... 7 3.5 Financial Implications ...... 7 4 REVIEW PROCESS ...... 9 4.1 Maintaining the Version Control ...... 9 4.2 Review after First Year ...... 9 4.3 Review Every Third Year ...... 9 4.4 Retirement or Resignation of a Signatory ...... 9 5 SIGNATORIES ...... 10

Page 102 of 232 VERSION CONTROL

This version control is used to maintain a record of the life of the partnership. Each time the partnership is reviewed, re-signed or amended, the version control will be updated to provide a record of evidence in accordance with the review process detailed in Section 4.

Amendments are detailed as below:

No Issued Amendment Amended by

1 6/06/2017 Partnership established and first agreement signed Simon Green

2 12/09/2018 Partnership Review P. Begley

Page 103 of 232 1 INTRODUCTION

1.1 Purpose

The purpose of this partnership agreement is to provide enhanced assistance to people at risk for the mutual benefit of both organisations.

This agreement has been prepared by Northern Ireland Fire & Rescue Service (NIFRS) who will maintain the agreement on behalf of both organisations. The agreement remains valid until superseded by a revised agreement, mutually endorsed by each organisation or until such times as the partnership has been terminated.

1.2 People at Risk

We define people at risk as persons who:

. are aged 60 or older; . have impaired mobility*; or . are referred to NIFRS by a partnership agency.

*includes people with a disability or mental health problem who have a reduced ability to respond to an emergency.

NIFRS will also accept referrals for people who fall outside of this definition but who may also be at risk. Examples include those who are alcohol dependent, or have a history of fires in the home. Each referral will be assessed on a case-by-case basis.

1.3 Aims

The aims of the partnership are to:

. provide additional fire safety advice to people at risk for the mutual benefit of both organisations; . reduce fire deaths, injuries and fires in the homes of people at risk; and . improve partnership working for the benefit of both organisations.

Page 104 of 232 1.4 Objectives

The objectives of this partnership are to:

. contribute to an overall reduction in the number of accidental fire deaths and fire-related injuries in dwellings in Northern Ireland; and . provide a free Home Fire Safety Check (HFSC) to every referral from the partnership agency, within 28 days from the date of the referral.

1.5 NIFRS Service

We offer free of charge:

. HFSCs - these are a visit to the home to offer detailed fire safety advice and ensure that the home is fitted with a working smoke alarm. . Talks to Groups - this is a visit where a talk is delivered to detail how to stay safe from fire in the home.

1.6 Mid Ulster District Council Service

. Mid Ulster Home Safety Check Scheme offers those who are 65 or over, have a child under 5 or a vulnerable adult/child to have a free home safety check. . A Home Safety officer will discuss important areas of home safety and establish what safety equipment that may be needed. . Home safety equipment is made available (where certain criteria are met.) . Home safety talks to groups are delivered (to all age groups) in order to provide information and advice.

Page 105 of 232 2 RESPONSIBILITIES

The responsibilities of the signatories will be to:

. communicate the document titled ‘Guidance for your Team’ to staff to provide guidance on how to implement the partnership agreement; . on signing, publicise the partnership through a local joint press release and media launch; . publicise and raise awareness of the partnership within each organisation; . review and re-sign the partnership in accordance with the review process; . maintain accurate records to be able to demonstrate the success of the partnership; and . ensure data protection protocols are followed when processing data.

Page 106 of 232 3 PARTNERSHIP ARRANGEMENTS

3.1 Signatories

In advance of signing the partnership, the signatories are to have sought agreement through the approval process for their respective organisation to be the signatory to the agreement and thereafter be responsible for maintaining and coordinating implementation of the partnership.

3.2 Public Liability

Organisations are required to confirm the existence of public liability insurance or alternatively that arrangements are in place to deal with public liability on a self- insured basis.

3.3 Termination

This agreement is not intended to be restrictive or legally binding on either party. Either party, subject to 30 days notice of such an intention, may terminate the agreement.

On termination, each signatory is to ensure their respective partnership register is amended to reflect that the partnership has been terminated and the date of termination.

3.4 Joint Training

Each signatory, or their nominated representative, may make arrangements to facilitate joint training to raise awareness of the partnership. The framework for the training will be the document titled ‘Guidance for your Team’ and the training must also describe any local arrangement for processing referrals.

3.5 Financial Implications

Page 107 of 232 It is the intention of this partnership that it will impose no expenses on the other partner and that all expenses incurred will be regarded as normal daily business by both partners to this agreement.

Page 108 of 232 4 REVIEW PROCESS

4.1 Maintaining the Version Control

The signatory for NIFRS will maintain the document and update it as follows every time an amendment or review is carried out:

1 Amend the version number on the front cover; 2 Amend the version date on the front cover; 3 Add a new line to the version control to detail that the review has taken place or any amendments made; 4 Amend version number and date in the footer at the bottom of the pages; 5 Arrange for the document to be informally re-signed; 6 Scan the document and send a pdf to the partner signatory; and 7 Signatories are to arrange for the new version to replace any other version held by their respective organisation and for any partnership register to be updated accordingly.

4.2 Review after First Year

Within one year from the date the partnership is first signed, the NIFRS signatory is to arrange a joint evaluation and review of the agreement.

4.3 Review Every Third Year

Thereafter, every three years from the date of the last review, the NIFRS signatory is to arrange a joint evaluation and review of the agreement.

4.4 Retirement or Resignation of a Signatory

Should either signatory, retire, resign, or leave the parent organisation, the partnership shall remain valid. Arrangements are to be made by the parent organisation to either, nominate a replacement signatory and arrange for the document to be informally re- signed, or for the agreement to be terminated.

Page 109 of 232 5 SIGNATORIES

Northern Ireland Fire & Rescue Service Mid Ulster District Council

Patsy Begley Mid Ulster District Council Assistant Group Commander – Community Magherafelt Office Development Ballyronan Road Northern Ireland Fire and Rescue Service Magherafelt Ballymena District Headquarters BT45 6EN 22-26 Waveney Road Ballymena BT43 5BA Tel: 03000 132 132 Tel 028 2563 1939 E-mail [email protected]

Signed on behalf of Northern Ireland Fire & Rescue Service:

Date:

Signed on behalf of Mid Ulster District Council:

Date:

Page 110 of 232

Report on The Roads Miscellaneous Provisions Act (NI) 2010 (1)

Date of Meeting 9th October 2018

Reporting Officer Fiona McClements

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To request that Members make a determination for a road closure order to be made for two of Mid Ulster District Council’s Christmas Events, namely:

 Cookstown Christmas Lights Switch On – Friday 23rd November 2018  Magherafelt Christmas Event – 23rd – 25th November 2018

2.0 Background

2.1 Further to previous reports, Members will be aware that The Roads Miscellaneous Provisions Act (NI) 2010 introduced by The Department for Infrastructure (DfI) permits the closure of roads for the holding of special events.

2.2 The above legislation enables Council to deal with requests to close public roads for special events in its area. Special Events are defined as:

2.3  Any sporting event, social event or entertainment which is held on a public road; or  The making of a film on a public road (including making TV programmes, films or advertisements).

2.4 Special Events do not include the following:  Public processions;  Motor road races;  Cycle races or trials; or  Road works

2.5 The underlying principle in relation to special events on roads is that it would not be reasonably practicable to hold the event elsewhere. The restriction or prohibition of traffic using the public road will only be permitted for:

 Facilitating the holding of a special event, or  Enabling members of the public to watch a special event, or  Reducing traffic disruption in adjacent streets

2.6 Although the legislation provides the Council with the power to prohibit or restrict the use of a public road, an Order cannot be made that would at any time prevent pedestrian access to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from and only from the road.

Page 111 of 232 3.0 Main Report

The Environmental Health Service has received applications for the following events:

3.1 1. Cookstown Christmas Lights Switch On

The application for ‘Cookstown Christmas Lights Switch On’ seeks a temporary prohibition of vehicular traffic access to William Street, Cookstown from 5pm to 9.15pm on Friday 23rd November 2018 in order to facilitate the holding of the special event.

3.2 2. Magherafelt Christmas Event – 23rd – 25th November 2018

The Magherafelt Christmas Event comprises of two elements:

(i) The Magherafelt Christmas Market

The market runs over 2 days but application is made for a temporary prohibition of vehicular traffic access to Market Street, Magherafelt from 6pm on Friday 23rd November 2018 to 10pm on Sunday 25th November 2018 in order to facilitate the holding of the event.

(ii) The Magherafelt Christmas Lights Switch On

Application is made for a temporary prohibition of vehicular traffic access to Broad Street, Magherafelt from 2pm to 9.30pm on Saturday 24th November 2018 to in order to facilitate the holding of the Switch On event.

3.3 Both applications have been processed by the Environmental Health Service after submission of a completed application form, appropriate fee, and the required supporting information which includes:

• Traffic Management Plan / Traffic Signing Schedule • Evidence of Public Liability Insurance • Details of consultees and feedback received • Confirmation a DfI authorised Traffic Management Company is being used. • Evidence of consultation with emergency services.

3.4 As both events attract considerable crowds of people from a wide catchment area, they are deemed ‘large’ and a fee of £415 was receipted in respect of each application.

3.5 Consultation was undertaken with the various statutory bodies (PSNI, NIFRS, NIAS) and DfI in relation to each application and a public notice of consultation was placed in the local press.

Recommendations

3.6 1. Following public advertisement and consultation with the statutory consultees, no representations have been made to Council in relation to the Cookstown Christmas event.

3.7 2. Following public advertisement and consultation with the statutory consultees, no representations have been made to Council at the time of report submission in relation to the proposed road closure for the Magherafelt Christmas Event. The public consultation in relation to this application closes on 2 October 2018.

Page 112 of 232 4.0 Other Considerations

Financial, Human Resources & Risk Implications 4.1 Financial: N/A

Human: N/A

Risk Management: As determined.

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: N/A

Rural Needs Implications: N/A

5.0 Recommendation(s)

5.1 It is recommended that Members make the determination that a road closure order be made for the ‘Cookstown Christmas Lights Switch On’,on Friday 23rd November in line with the DfI guidance.

5.2 It is recommended that Members make a determination that a road closure order be made for the Magherafelt Christmas event from Friday 23rd – Sunday 25th November, in line with the DfI guidance, subject to no objections being received.

6.0 Documents Attached & References

None.

Page 113 of 232

Page 114 of 232

Report on Winter Maintenance of Council Estate in Snow and Ice

Date of Meeting 9th October 2018

Reporting Officer Terry Scullion - Head of Property Services

Contact Officer Eunan Murray - Grounds and Cemeteries Manager

Is this report restricted for confidential business? Yes

If ‘Yes’, confirm below the exempt information category relied upon No X

1.0 Purpose of Report

1.1 This report is to provide an update to members on a managed approach to Winter Maintenance for the Council Estate during periods of Ice and Snow.

2.0 Background

2.1 Following the Council decision in February 2018 it was agreed to develop a Winter Maintenance policy for the Council Estate to include Off Street Car Parks.

2.2 The winter period is considered to be from 1st November to 31st March. During this period Council currently uses it resources to ensure frontline operational facilities are treated on a prioritised basis that maintains business continuity and access to essential Council services. To date this has not included any winter maintenance during periods of ice or snow in any of the off street car parks.

3.0 Main Report

3.1 Rather than policy development it is considered more practical to apply a managed approach to the treatment of properties in the Council Estate in periods of Ice, snow or other unfavourable weathers conditions.

3.2 It is proposed that properties across the estate will be treated in the following order based on providing safe access to Council services, resources available, and the extent to which local weather conditions are unfavourable:

Property Type Which Service What Areas When

1. Council Property Car Park areas, As and when required from Depots Services and essential 0700 Monday to Friday access routes 2. Council Property Car Park areas, As and when required from Offices Services and essential 0730 Monday to Friday access routes 3. Cemeteries Property Car Park areas, As and when required from Services and essential 0800 to facilitate a burial only

Page 115 of 232 access routes for a burial 4. Leisure Property Car Park areas, As and when required during Centres, Services to and essential hours of operation Sports provide salt, salt access routes determined by Responsible Arenas & bins and determined by Service Recycling pedestrian Responsible Centres spreaders. Service Treatment carried out by Service responsible for facility 5. Other Property Essential areas As and when required during frontline Services to determined by hours of operation Properties provide salt, salt Responsible determined by Responsible bins and Service Service pedestrian spreaders on request. Treatment carried out by Service responsible for facility 6. Off Street Property Car Park and At same time as the TNI Car Parks Services footways in retail Winter Maintenance including areas of the five Agreement are triggered by provision of main town TNI. signage and self centres help bins

Property Services will treat property types in the estate from ‘1 to 3’ above in ice and 3.3 snow. Property types ‘4 to 6’ will be provided grit bins, replenished on a regular basis for self help or application in icy conditions. Support will be provided for snow clearance to properties ‘4 and 5’ during Depot Operational hours, and by request outside of these hours. All of which is subject to availability of resources and by agreement.

In exceptional circumstances were treatment is required in unfavourable weather and no 3.4 Council resources are available, efforts will be made to engaged a third party to assist on a pay as you go basis. It may also be necessary for a temporary closure of part, or all of a Council property, depending on weather conditions. This would be similar to precautions applied across the Council estate on Wednesday 18th September 2018 and since as a result of Storm Ali.

Considering the limited resource available, and respecting the important roles the car 3.5 parks play to provide access to local services, treatment would be limited to the settlements included in Council’s Winter Maintenance Agreement with Transport NI. It should be noted the off street car parks are outwith of this agreement. However the car parks in each of these towns would be treated when TNI trigger the agreement for the pre agreed Town Centre footways to be treated.

Page 116 of 232 4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial:

A limited budget is available for snow and ice clearance of the estate during the winter period using in house resources. There is no budget in year to support a winter maintenance programme that includes regular weather monitoring and treatment of the off street car parks.

Human: Staff time coordinating snow and ice clearance and liaising with facilities managers on same. Maintenance support response may have to be provided by a competent third party if in-house capacity is limited as a result of specific weather conditions.

Risk Management: Council has responsibility for upkeep and maintenance of its property, and associated facilities used by public, staff and visitors; arrangements must be in place to mitigate risk. As a minimum this is currently controlled through fixed warning signage, asset inspection and defect repair.

4.2 Screening & Impact Assessments

Equality & Good Relations Implications: None.

Rural Needs Implications: A Rural Needs impact assessment is required to consider the impact across the Estate.

5.0 Recommendation(s)

5.1 Members are requested to note the content of this report and approve the managed approach to the treatment of properties in the Council Estate in periods of Ice, snow or other unfavourable weathers conditions during the winter period.

6.0 Documents Attached & References

6.1 None.

Page 117 of 232

Page 118 of 232 Minutes of Meeting of Environment Committee of Mid Ulster District Council held on Tuesday 11 September 2018 in Council Offices, Ballyronan Road, Magherafelt

Members Present Councillor S McGuigan, Chair

Councillors Buchanan, Burton, Cuthbertson, Gillespie, Glasgow, McFlynn, McGinley, B McGuigan, McNamee, Mulligan, O’Neill, M Quinn, Totten

Officers in Mr Cassells, Director of Environment and Property Attendance Mr Kelso, Director of Public Health and Infrastructure Mr McAdoo, Head of Environmental Services Mrs McClements, Head of Environmental Health Mr McNeill, Technical Services Manager Mr Scullion, Head of Property Services Mr Wilkinson, Head of Building Control Miss Thompson, Democratic Services Officer

The meeting commenced at 7.01 pm

E236/18 Apologies

Councillors Kearney and Reid.

E237/18 Declarations of Interest

The Chair reminded Members of their responsibility with regard to declarations of interest.

E238/18 Chair’s Business

Councillor Cuthbertson stated he had received numerous phonecalls since the weekend regarding sheep which had gained access to Cottagequinn Cemetery. The Councillor advised that the sheep had caused damage which was in turn causing distress to those who had loved ones buried there. Councillor Cuthbertson stated that this was not an isolated incident and there had been other occurrences during the summer and that the matter required urgent attention. Councillor Cuthbertson stated that concerns had also been raised with him in relation to grass cutting at Cottagequinn and that this was not of same standard as of previous years.

The Head of Property Services advised that sheep had broken through the boundary fencing of the Cemetery but that this had now been secured and would continue to monitored. In relation to grass cutting the officer advised that grass at Cottagequinn Cemetery had been cut one week ago and that there had been no change to grass cutting practice but that the Councillors concerns had been noted and that this issue would also be monitored.

1 – Environment Committee (11.09.18)

Page 119 of 232 The Chair, Councillor S McGuigan advised that agenda item 26 – Application for the grant of a new Amusement Permit for 21 Irish Street, Dungannon was deferred for one month.

Matters for Decision

E239/18 DfI Roads Proposals to Mid Ulster District Council – Proposed Dungannon Waiting Restrictions

Members considered previously circulated report which sought agreement in relation to proposal from Department for Infrastructure Roads with regard to proposed Dungannon Waiting Restrictions.

Councillor McNamee referred to situation in Cookstown in which shoppers cannot park on the street as most spaces are taken up with all day parkers and that this cannot be enforced. The Councillor stated he believed Council had written to the Permanent Secretary in relation to this matter before but should write again as it was vital that the relevant legislation was signed off.

The Director of Environment and Property stated that Council could write to the Permanent Secretary in relation to the matter again and asked Councillor McNamee to provide detail of examples of parking difficulties in Cookstown. The Director also advised that officers would be meeting with DfI officials in relation to parking later in the week and that the Councillor’s concerns could be raised at this meeting.

Councillor Cuthbertson referred to previous discussion when Public Realm Phase 1 was being finished in Dungannon in relation to the extension of waiting restrictions from one hour to two hours.

The Director of Public Health and Infrastructure advised that town centre teams have been in contact with local traders in relation to these issues but that the matter can be re-emphasised.

Councillor Cuthbertson stated that there had been no discussion at DRP in relation to the matter.

Proposed by Councillor O’Neill Seconded by Councillor B McGuigan and

Resolved That it be recommended to Council to endorse the proposal submitted by Department for Infrastructure Roads in relation to proposed Dungannon Waiting Restrictions.

E240/18 DfI Proposals to Mid Ulster District Council – Proposed Provision of a One Way System – Coalisland

Members considered previously circulated report which sought agreement in relation to proposal from Department for Infrastructure Roads with regard to proposed provision of a One Way System in Coalisland.

2 – Environment Committee (11.09.18)

Page 120 of 232 Councillor O’Neill referred to recent gas works in Coalisland in which Main Street had been reduced to one way, the Councillor stated this had caused great difficulties in getting around the town and that he had received numerous complaints. Councillor O’Neill queried if a survey was to be undertaken in relation to the one way system in Coalisland.

The Director of Public Health and Infrastructure advised that DfI Roads would be re- consulting on the matter.

Councillor M Quinn concurred that it had not been easy to get around Coalisland during recent works and asked if Council was going to conduct its own assessment of the one way system.

The Director of Public Health and Infrastructure advised that monitoring was ongoing, it was felt that the one way system on Main Street had worked reasonably well however he understood the frustrations in relation to some works around the junctions due to delays as he had experienced some of these himself.

Proposed by Councillor O’Neill Seconded by Councillor B McGuigan and

Resolved That it be recommended to Council to endorse the proposal submitted by Department for Infrastructure Roads in relation to proposed provision of a One Way System in Coalisland.

E241/18 Town Centre Footpath Snow/Ice Clearance Agreement

The Head of Property Services presented previously circulated report which sought approval to enter into an agreement with DfI/Transport NI in relation to the treatment of footpaths in the main town centres within Mid Ulster District following heavy snowfall or prolonged freezing.

The Head of Property Services highlighted that the report did not include Council estate and off street car parks and that there would be a further report brought before Members in relation to treatment of same.

Councillor McNamee stated he was happy to propose the report recommendation however he referred to lack of salt bins to allow people to help themselves and suggested a meeting be held with DfI to discuss provision of additional salt bins.

The Director of Environment and Property stated there was no difficulty in organising a meeting in this regard.

Councillor Cuthbertson stated that the agreement did not work last year and referred to lorry which could not move for two hours and numerous slips in Dungannon.

Councillor Burton stated she agreed with the sentiments in relation to provision of more salt bins and that drop off of grit in rural locations was also essential.

Councillor Burton referred to Aughnacloy Streetscape in which trees had been planted and that some of the roots of these trees are raising tarmac along the footpath. The Councillor stated that there was a fear that someone will fall and that 3 – Environment Committee (11.09.18)

Page 121 of 232 she had brought the matter to the attention of Roads Service. Councillor Burton also advised that the trees had grown to such an extent that they were brushing against windows etc of nearby properties and that whilst some trees had been cut recently it was important to ensure that the trees were maintained.

Councillor Buchanan felt that the main problem last year was that the agreement was triggered too late.

The Director of Environment and Property stated that it is the Department who instigates the agreement being triggered.

Councillor McFlynn stated that a meeting in relation to further provision of salt bins would be welcome.

Councillor Buchanan seconded Councillor McNamee’s proposal and that meeting should be arranged with DfI Roads regarding provision of salt bins should be included within recommendation.

Resolved That it be recommended to Council to – . Enter into discussion with DfI/Transport NI to reach agreement on the 2018/19 winter season with regards to the treatment of footways when extreme conditions following heavy snowfalls or prolonged freezing persists, with the option to extend the agreement for two additional winter periods (2019/20 and 2020/21), subject to satisfactory working arrangements. . Arrange meeting with DfI Roads to discuss provision of additional salt bins.

E242/18 Recycling Centre Opening Hours

The Head of Environmental Services presented previously circulated report which sought approval to make some variations to the opening hours at Recycling Centres.

Councillor McFlynn stated she agreed with the recommendations put forward, the Councillor further asked that a report be brought back to committee in relation to possible Sunday opening of recycling centres during the summer months.

The Head of Environmental Services stated that a report could be brought back but highlighted that recycling centres were not licensed to open on a Sunday.

Councillor McFlynn put forward if it would even be possible to open the larger recycling centres on a Sunday during the summer months and a report be brought back in this regard.

Councillor Mulligan referred to capital allocation for Tullyvar recycling centre refurbishment which was dependant on P&R agreement. The Councillor stated that Tullyvar had considerable reserves and asked if this could be utilised for refurbishment.

The Director of Environment and Property advised that P&R Committee had met last week and approved release of funds for refurbishment of Tullyvar recycling centre.

4 – Environment Committee (11.09.18)

Page 122 of 232 The Director advised that the landfill site at Tullyvar was covered by Joint Committee and that reserves were for the restoration of the landfill site.

Councillor B McGuigan suggested that when considering Sunday opening of centres that it be trialled on a test basis.

In response to question from Chair the Head of Environmental Services advised that consideration would be given to those with childcare arrangements etc when making changes to opening hours at recycling centres.

In response to Councillor Burton’s question the Head of Environmental Services stated that the site manager at Tullyvar advised that Monday was the best day for closure and that this suited shift patterns.

Proposed by Councillor B McGuigan Seconded by Councillor McFlynn and

Resolved That it be recommended to Council to approve the implementation of the following changes to opening hours from 1 October 2018 following appropriate consultation with affected site staff - . To move Tullyvar Recycling Centre from Tier C to Tier D and that the site be closed one day per week (Monday). . That the opening hours of Tier A sites be from 9.00 am to 6.00 pm during winter months.

E243/18 Street Naming and Property Numbering

The Head of Building Control presented previously circulated report regarding the naming of new residential housing developments within Mid Ulster.

Site off Kilrea Road, Upperlands

Proposed by Councillor Glasgow Seconded by Councillor McFlynn and

Resolved That it be recommended to Council to name development off Kilrea Road, Upperlands as Ampertaine Manor.

Site off Bush Road, Dungannon

Councillor Cuthbertson stated he would reluctantly propose Elm Place but referred to the numerous other sites with the name ‘Elm’ contained in the vicinity and that this was confusing.

Councillor Burton seconded Councillor Cuthbertson’s proposal.

Resolved That it be recommended to Council to name development off Bush Road, Dungannon as Elm Place.

5 – Environment Committee (11.09.18)

Page 123 of 232 E244/18 Dual Language Signage Requests

The Head of Building Control presented previously circulated report which advised of request for Dual Language Signage from residents on streets/roads in the District.

Proposed by Councillor B McGuigan Seconded by Councillor McNamee and

Resolved That it be recommended to Council to proceed to survey the following streets/roads on which a request for Dual Language Signage has been received – . Springfield Crescent, Dungannon . Kirk Avenue, Magherafelt . Lower Meadow, Magherafelt . Chapel View, Bellaghy . Orritor Crescent, Cookstown . Broagh Road, Knockloughrim . Ballynasollus Road, Cookstown

E245/18 Dual Language Survey Signage

The Head of Building Control presented previously circulated report which advised on the results of surveys undertaken on all applicable residents on the streets/roads in response to Dual Language Signage nameplate requests.

Councillor McNamee proposed the report recommendations.

Councillor Cuthbertson proposed that Council do not proceed with the erection of signage.

Councillor O’Neill seconded Councillor McNamee’s proposal.

Councillor Buchanan seconded Councillor Cuthbertson’s proposal.

Members voted on Councillor Cuthbertson’s proposal – For – 4 Against – 9

Members voted on Councillor McNamee’s proposal – For – 9 Against – 4

Resolved That it be recommended to Council - . To agree the application of Dual Language Nameplates in Irish for – . Gortgonis Park, Dungannon . Ballyneill Road, Moneymore . Scotts Road, Moneymore . Birchwood Park, Moneymore . Ballyriff Road, Moneymore . Eglish Close, Moneymore . Kilreish, Moneymore . Ballymulligan Road, Magherafelt 6 – Environment Committee (11.09.18)

Page 124 of 232 . Loup Road, Moneymore . To note the results of the survey and not approve the application of a Dual Language Nameplate for Dunronan Road, Moneymore.

E246/18 Spelling of Derrycrin/Derrychrin Park, Cookstown

The Head of Building Control presented previously circulated report which considered the spelling of Derrycrin/Derrychrin Park, Cookstown.

Councillor McNamee proposed that Council consult with residents in the area and ask for their opinion on the spelling of Derrycrin/Derrychrin and move forward on that basis.

Councillor McFlynn stated that the local School and Park were always spelt with an ‘h’ and proposed that signage be erected as ‘Derrychrin Park’.

Councillor M Quinn seconded Councillor McFlynn’s proposal.

Councillor McGinley asked for officer advice on the matter, he stated if it was up to him then it should be spelt with an ‘h’ however he was aware that there were other roads in the District with spelling mistakes.

The Director of Public Health and Infrastructure stated Members should be aware of people within the development with mortgages, driving licences and other formal documentation having addresses spelt a certain way.

Councillor McFlynn stated she would withdraw her proposal.

Resolved That it be recommended to Council to consult with the residents of Derrycrin/Derrychrin Park as to how they wished to proceed with the spelling of same.

E247/18 Traveller Sites

The Head of Environmental Health presented previously circulated report which considered correspondence received from the NI Local Government Partnership on Traveller Issues.

Councillor McFlynn enquired whether holiday caravan parks have to be licensed in a similar manner.

The Head of Environmental Health advised that there was a similar licensing process for holiday caravan parks.

Proposed by Councillor McGinley Seconded by Councillor O’Neill and

Resolved That it be recommended to Council to note the content of the report and the mechanism by which the licensing and regulatory mechanisms will be applied in accordance with the legislative process.

7 – Environment Committee (11.09.18)

Page 125 of 232 E248/18 Request for Contribution to the Partnership Liaison Officer Post shared between Councils and HSENI

The Head of Environmental Health presented previously circulated report which considered a request for a change in the funding contribution from Mid Ulster District Council to a previously established Partnership Liaison Officer post with the Health and Safety Executive NI and the other ten NI Councils.

Proposed by Councillor McGinley Seconded by Councillor B McGuigan and

Resolved That it be recommended to Council to support the Partnership Liaison Officer post with HSENI and Lisburn and Castlereagh Council under the amended funding arrangements (£4500) for a period of two years to 31 March 2021 subject to an agreed Partnership Agreement on services delivered.

E249/18 Consultation on Amendments to the Food Law Code of Practice (Northern Ireland) 2018

The Head of Environmental Health presented previously circulated report which advised of consultation relating to amendments to the Food Law Code of Practice for Northern Ireland.

In response to Councillor Burton’s question the Head of Environmental Health stated that concerns had been raised within the response with regard to digital registration and that these points could be highlighted prior to submitting response.

Proposed by Councillor McFlynn Seconded by Councillor Burton and

Resolved That it be recommended to Council to agree the content of Council’s response to the consultation on the Food Law Code of Practice (Northern Ireland) as circulated at appendix 1 to report. Response to be issued after Environment Committee meeting as deadline for comments is prior to September Council meeting.

E250/18 Street Naming and Dual Language Signage

The Technical Services Manager presented previously circulated report which provided update on the current status of Dual Language Signage.

Dual Language Signage

Councillor McNamee proposed Option 2, Image 2 as depicted in report.

Councillor McFlynn seconded Councillor McNamee’s proposal.

Councillor Glasgow referred to the preferred signage template and felt that the white text on dark background would become difficult to read once it became dirty. The Councillor also asked why the townland name on signage was being reduced to lower case as a lot of people depended on being able to see the townland name. 8 – Environment Committee (11.09.18)

Page 126 of 232

The Technical Services Manager advised that an equality report and report from RNIB recommended lower case as it is easier to read than capitalised text.

In response to Councillor Glasgow’s question the Technical Services Manager stated that the cost of proposed signage was approximately £160 each, less than the cost of current signage.

Councillor Glasgow referred to the signage already erected and asked if this will have to be replaced.

The Director of Public Health and Infrastructure advised that it was a reasonably small number of signs and the proposal was to change the Mid Ulster dual language signs already erected, at a cost of approximately £2200.

Councillor Cuthbertson stated he would disagree with changing the Mid Ulster signs already erected as it was not cost effective. Councillor Cuthbertson proposed that Mid Ulster Dual Language Signage already erected is not changed.

Councillor Buchanan seconded Councillor Cuthbertson’s proposal.

Councillor Glasgow stated that the legs on signage was short and that when grass was in full growth signage could be difficult to see.

The Technical Services Manager stated that this issue had been raised before and that signage would be taller going forward.

Members voted on Councillor Cuthbertson’s proposal –

For – 4 Against – 8

Members voted on Councillor McNamee’s proposal –

For – 8 Against – 4

Councillor Cuthbertson stated that if future signage is to be taller consideration will need to be given to sightlines being maintained.

Single Language Signage

Councillor McFlynn proposed that format of single line signage be changed to that depicted in image 2 of report going forward. Previous signage erected should not be changed until needing replaced.

Councillor Burton seconded Councillor McFlynn’s proposal.

Resolved That it be recommended to Council – . Dual Language Signage To change format of signage to that noted in Option 2 Image 2 of report. Mid Ulster signage already erected to be replaced. 9 – Environment Committee (11.09.18)

Page 127 of 232 . Single Language Signage To change format of signage to that noted in Image 2 of report. Previous signage erected should not be changed until replacement is needed.

E251/18 Establishment of Mid Ulster – Travellers Working Group

The Director of Public Health and Infrastructure presented previously circulated report which considered the establishment of a Mid Ulster District Council Travellers Working Group.

Councillor McGinley proposed the establishment of a Mid Ulster District Council Travellers Working Group with ten members. In relation to draft terms of reference outlined in report, Councillor McGinley asked why reference term two was needed.

The Director of Public Health and Infrastructure stated that when NIHE have identified Traveller need then the working group can move through other aspects of reference. The Director stated that the terms of reference outlined in report were draft and could be reworded at the working group.

Councillor McNamee seconded Councillor McGinley’s proposal.

Councillor McFlynn stated there was a need for Members to be sure where they stood legally as no formal advice had been given. The Councillor also had some concern in relation to the terms of reference and proposed that formation of the working group be deferred until NIHE Needs Assessment is brought forward.

The Director of Public Health and Infrastructure stated that it had been a decision of Council to form the working group, he stated that the terms of reference were draft and were something that could be amended. The Director also advised that legal advice could be sought by the working group on any matter of concern.

Councillor Glasgow referred to other group which had previously met to discuss Traveller need and asked if this group would come to an end once the working group was formed or whether the working group needed to start from scratch.

The Director of Public Health and Infrastructure stated that there was no need to have two groups and that any information already considered can be reflected on as a background going forward.

Councillor McFlynn asked if members of the Planning Committee could sit on the working group.

The Director of Public Health and Infrastructure stated it was up to each Party to nominate its Members to the working group and that those who sat on the Planning Committee could be nominated to the working group if desired.

Councillor Glasgow stated that, as a member of the Planning Committee, he would not feel comfortable sitting on the working group.

Councillor Cuthbertson seconded Councillor McFlynn’s proposal.

10 – Environment Committee (11.09.18)

Page 128 of 232 Members voted on Councillor McFlynn’s proposal –

For – 7 Against – 7

The Chair used his casting vote to vote against Councillor McFlynn’s proposal.

Members voted on Councillor McGinley’s proposal –

For – 7 Against – 7

The Chair used his casting vote to vote in favour of Councillor McGinley’s proposal and declared the proposal to establish a Traveller Working Group with 10 members carried, with further discussion to take place at the first meeting of the working group in relation to Terms of Reference.

The Director of Public Health and Infrastructure asked that nominees to the working group be put forward as soon as possible.

Resolved That it be recommended to Council to establish a Traveller Working Group of ten members. Further discussion in relation to Terms of Reference of group to take place at first meeting of the working group.

Matters for Information

E252/18 Minutes of Environment Committee held on Monday 2 July 2018

Members noted minutes of Environment Committee held on Monday 2 July 2018.

In response to Councillor Glasgow’s question the Director of Environment and Property stated that there had been no response received as yet in relation to requested meeting regarding roundabout maintenance.

E253/18 Energy Management Update – Display Energy Certificates

Members noted previously circulated report which provided update on the current position in relation to Energy Management Certification for eligible properties owned by Mid Ulster District Council.

E254/18 Northern Ireland Local Authority Collected Municipal Waste Management (LACMW) Report for January to March 2018

Members noted previously circulated report which provided update on Councils performance in relation to recycling and landfill diversion targets as outlined in the NIEA Northern Ireland Local Authority Waste Management Statistics report for the (quarter four) period of January to March 2018.

The Chair referred to Council again achieving the highest annual household recycling rate and that this was a good news story which should be highlighted.

11 – Environment Committee (11.09.18)

Page 129 of 232 E255/18 Building Control Workload

Members noted previously circulated report which provided update on the workload analysis for Building Control.

E256/18 Entertainment Licensing Applications

Members noted previously circulated report which provided update on Entertainment Licensing Applications across the Mid Ulster District.

E257/18 Live Here Love Here Small Grants Scheme 2018

Members noted previously circulated report which advised of successful applications within the Mid Ulster District Council area under the Live Here Love Here Small Grants Scheme 2018.

E258/18 Drinking Water Quality Report for Northern Ireland 2017

Members noted previously circulated report which advised of the Drinking Water Quality Report for Northern Ireland 2017.

E259/18 The Draft Environmental Protection (Microbeads) Regulations (Northern Ireland) 2018 and Proposed Enforcement Arrangements

Members noted previously circulated report which advised of the Draft Environmental Protection (Microbeads) Regulations (Northern Ireland) 2018 and the proposed enforcement arrangements for Environmental Health Officers to act as authorised persons for the purpose of enforcing the ban on microbeads.

E260/18 Waste Tyre Initiative in the Mid Ulster District Council Area

Members noted previously circulated report which provided update in relation to the recent tyre initiative run in conjunction with the Northern Ireland Environment Agency (NIEA).

Local Government (NI) Act 2014 - Confidential Business

Proposed by Councillor McNamee Seconded by Councillor B McGuigan and

Resolved In accordance with Section 42, Part 1 of Schedule 6 of the Local Government Act (NI) 2014 that Members of the public be asked to withdraw from the meeting whilst Members consider items E261/18 to E270/18.

Matters for Decision E261/18 Application for the Grant of a New Amusement Permit for 21 Irish Street, Dungannon E262/18 Update Report on Old Burial Grounds E263/18 Extension of Third Party Contractors

12 – Environment Committee (11.09.18)

Page 130 of 232 E264/18 Tenders for the Provision of Environmental Monitoring and Testing Services at Landfill Sites E265/18 Arrangements for collection and disposal of abandoned vehicles

Matters for Information E266/18 Confidential Minutes of Environment Committee held on Monday 2 July 2018 E267/18 Off Street Car Parking: Quarter 1 2018/2019 E268/18 Outline Business Case: Crematorium: Joint Council Working E269/18 Construction of Waste Transfer Station – Capital Works Update E270/18 Contracts Update

E271/18 Duration of Meeting

The meeting was called for 7.00 pm and ended at 8.52 pm.

CHAIR ______

DATE ______

13 – Environment Committee (11.09.18)

Page 131 of 232

Page 132 of 232

Report on Building Control Workload

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To provide Members with an update on the workload analysis for Building Control across Mid-Ulster District Council.

2.0 Background

2.1 Building Control applications are received in three different forms:-

a Full Applications - submitted with detailed working drawings.

b Building Notices - minor work not usually requiring detailed plans, e.g. provision of insulation to roof space, etc.

c Regularisation Applications – where work has been carried out without an approval, an application must be submitted for retrospective approval.

3.0 Main Report

September Accumulative 3.1 Workload Analysis 2018 2018/19

Total number of Applications 214 932

Full plans applications received 104 428

Building Notices applications received 70 364

Regularisations applications received 40 140

Estimated value of works submitted £25,711,302 £97,299,006

Number of inspections carried out by Building 1449 5294 Control Officers

Page 133 of 232

Commencements 327 1224

Domestic Dwellings 123 481

Domestic alterations and Extensions 185 686

Non-Domestic work 19 57

Completions 244 850

Domestic Dwellings 89 300

Domestic alterations and Extensions 143 499

Non-Domestic work 12 51

Property Certificates Received 309 1123

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Within Current Resources

Human: Within Current Resources

Risk Management: None

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 Members are requested to note the content of this report.

6.0 Documents Attached & References

6.1 Appendix 1 - List of significant applications received by Building Control.

Page 134 of 232 Appendix 1

Significant Developments - September 2018

Applicant Location of Development Details of Development Estimated value of Development

Farasha Properties Ltd The Spires, Bush Road, Erection of 46no. Dwellings (Ave floor £3,208,166 Dungannon area 103m2). B.C. fee - £7,823

Landmark Homes Ltd Killymeal Grange, Erection of 14no. Dwellings (Ave floor £1,121,280 Dungannon area 125m2). B.C. fee - £3,065

NK Construction Ltd Poets Walk, Erection of 16no. Dwellings (Ave floor £1,024,000 Bellaghy area 100m2). B.C. fee - £3,357

LJD Developments Ltd Cloneen, Erection of 12no. Dwellings (Ave floor £606,720 Dungannon area 79m2). B.C. fee - £2,663

Northern Health & Social Health Centre, Refurbishment & Extension £325,765 Care Trust 52 Orritor Road, Cookstown (Floor area 50m2). B.C. fee - £2,070

Page 135 of 232 Appendix 1

Eoghan Ruadh Hurling 97 Donaghmore Road, Erection of Community & Sports £308,000 Club Dungannon Pavilion (Floor area 280m2). B.C. fee - £1,980

Rose Wood Developments Off Moneymore Road, Erection of 5no. Dwellings (Ave floor £284,800 Ltd Cookstown area 89m2). B.C. fee - £1,440

Page 136 of 232

Report on Entertainment Licensing Applications

Date of Meeting 9th October 2018

Reporting Officer William Wilkinson

Contact Officer William Wilkinson

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To update Members on Entertainment Licensing Applications across Mid Ulster District Council.

2.0 Background

2.1 The Council has responsibility for Licensing Places of Entertainment in accordance with The Local Government (Miscellaneous Provisions) (NI) Order 1985.

Entertainment Licensing applications are received on a continued basis across the District.

Statutory Consultations are carried out with PSNI and NIFRS for each entertainment licence application (grant or renewal) submitted.

3.0 Main Report

3.1 As previously agreed a list of applications for all grant/renewal of Entertainment Licences in Mid Ulster District Council is attached (see Appendix 1). The number of applications received on a monthly basis will vary depending on the date of expiry of the current licence.

Each application is accompanied by the following documentation:

1 A current Fire Risk Assessment detailing the following: (a) means of escape from premises (b) management responsibilities for day to day safety aspects (c) details of review on an annual basis

The fire risk assessment submitted is audited by the inspecting officer.

2 Electrical certification is required for the following: (a) General electrical installation (b) Emergency lighting system (c) Fire alarm system

Page 137 of 232 3 Details of current public liability insurance for premises

4 Copy of public advertisement in local press

Following the application for the Grant/Renewal of an Entertainment Licence being submitted and validated, an inspection is carried out to ensure that the premises are in compliance with all relevant guidance and legislation.

Areas which would be inspected are as follows:

1. Means of escape from the venue i.e. Final exit doors and Easy Opening Devices are satisfactory and escape routes are free from obstruction etc.

2. All floor, wall, and ceiling coverings are in compliance and in good condition

3. All firefighting equipment are correctly positioned and serviced as required

4. The general condition of the premises is satisfactory

5. All management documentation is in place

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Within Current Resources

Human: Within Current Resources

Risk Management: None

4.2 Screening & Impact Assessments

Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 Members are requested to note the content of this report.

6.0 Documents Attached & References

6.1 Appendix 1 – Schedule of applications received for the Grant/Renewal of Entertainment Licences.

6.2 Appendix 2 – Schedule of Entertainment Licence applications which have been granted/renewed.

Page 138 of 232 Appendix 1

Schedule of applications received for the Grant/Renewal of Entertainment Licences in September 2018

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday, Tuesday and Thursday From : 18.30 To : 23.30

14 The Brantry Bard Cultural 65 Carrycastle Road Wednesday G Gildernew Unspecified 250 Centre Dungannon From : 18.00 Days To : 23.30

Friday to Sunday From : 19.00 To : 02.00

Monday to Saturday From : 11.00 52 Drum Road To : 01.00 B Morris Glenavon House Hotel Annual 2310 Cookstown Sunday From : 12.00 To : 01.00

Page 139 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

1 Tamlaght Road Friday R Bloomfield Killygullib Orange Hall Annual 288 Kilrea From : 20:00 To : 01:00

Monday To Thursday From : 10:00 To : 00:00

Friday & Saturday 26 The Square From : 10:00 N Dorrity The Venue Annual 200 Coalisland To : 01:30

Sunday From : 12:00 To : 00:00

Monday To Sunday 135a Shore Road From : 09.00 M Devlin The Marina Centre Annual 400 Magherafelt To : 01.30

Page 140 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Saturday From : 11:00 87 Main Street To : 01:00 S Whiteside Whiteside's Bar Annual 157 Clogher Sunday From : 11:00 To : 24:00

Monday To Saturday From : 11:30 To : 01:00 1 Dungannon Street P Laverty PB's BAR Annual 82 Moy Sunday From : 12:30 To : 24:00

Monday To Sunday 67 Union Street G Booth Railway Bar Annual From : 11:00 140 Cookstown To : 02:00

Page 141 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Saturday From : 11:30 To : 01:30 Dungannon Swifts Football Far Circular Road J Faloon Annual 350 Club Dungannon Sunday From : 12:00 To : 22:00

Monday to Saturday From : 11.00 36-38 The Square To : 01.00 P Mulgrew The Roadside Tavern Annual 100 Stewartstown Sunday From : 12.00 To : 24.00

14 Mid Ulster District 15 Circular Road Monday To Sunday Council Offices unspecified 226 Council Dungannon From : 09:00 Days To : 01:00

Page 142 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Friday From : 09.00 14 To : 01.30 Dungannon Presbyterian 53a Scotch Street A Trotter Unspecified 760 Church Halls Dungannon Days Saturday From : 13.30 To : 24.00

Monday To Sunday 1 Oak Leisure 40-42 James Street Time Bar Venue Annual From : 12:00 960 Ireland Cookstown To : 02.00

Monday to Saturday (inclusive) From : 11:30 12-14 Oldtown Street To : 01:00 G & T Jebb The Oldtown Inn Annual 60 Cookstown Sunday From : 12:00 To : 24.00

Page 143 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday – Thursday From : 10.00 To : 23.00

Friday To Saturday Mid Ulster District Seamus Heaney Home 45 Main Street Annual 220 From : 10.00 Council Place Bellaghy To : 01.00

Sunday From : 13.00 To : 22.00

Monday To Saturday From : 11:30 To : 01:30 6a Reenaderry Road S Hughes Fall's Bar Annual 170 Coalisland Sunday From : 12:00 To : 24:00

Page 144 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Thursday From : 10:00 To : 22:00

Friday And Saturday The Mill Court Bar And 40 Main Street M McNally Annual From : 10:00 160 Restaurant Coalisland To : 23:30

Sunday From : 11:00 To : 23:00

Monday To Thursday From : 11:30 To : 23:00

14 Friday & Saturday 42 Smith Street Dr A Stringer Assembly Rooms Unspecified From : 11:30 TBC Moneymore Days To : 01:00

Sunday From : 12:30 To : 22:30

Page 145 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Sunday Killyman St Mary's Drumaspil Road J O'Hagan Annual From : 08:00 300 Community Centre Dungannon To : 02:00

14 Monday To Sunday 47 Church Street G McCulloch St Swithin's Church Hall Unspecified From : 18:00 380 Magherafelt Dates To : 24:00

Monday to Sunday 30 Todds Leap Road B O'Hanlon Todds Leap Activity Centre Annual From : 08:00 88 Ballygawley To : 22:30

Monday To Thursday From : 11.30 To : 24:00

86 Ballinderry Bridge Saturday Road R Forbes The Bridge Bar Annual From : 11.30 120 Coagh To : 01.00

Sunday From : 12.00 To : 23.30

Page 146 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Saturday From : 11:30 To : 01:30 60 Main Street G Williamson The Valley Hotel Annual 480 Fivemiletown Sunday From : 12:30 To : 01:00

Monday To Saturday From : 11.30 To : 01.00 65 James Street M Barry Ma Quinns Annual 60 Cookstown Sunday From : 12.30 To : 24.00

Monday to Sunday 221 Orritor Road I Thom Braeside Bar Annual From : 11.00 183 Cookstown To : 01.30

Page 147 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Saturday From : 11.00 64-72 Coagh Street To : 01.00 S Thom Royal Hotel Annual 809 Cookstown Sunday From : 11.00 To : 24.00

Monday To Saturday From : 11:30 To : 01:00 58-66 Church Street C Eastwood Dunleath Bar Annual 135 Cookstown Sunday From : 12:30 To : 24:00

Monday to Saturday From : 11:30 To : 01:00 19 Moneyneany Road B Mulligan Mulligans Bar Annual 198 Draperstown Sunday From : 12:30 To : 01:00

Page 148 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Saturday From : 12:00 To : 23:00 Dungannon Rugby Football 36 Moy Road P Sandford Annual 270 Club Dungannon Sunday From : 12:00 To : 18:00

Thursday From : 19.00pm To : 23.30

Friday Cookstown Royal British 19 Burn Road A McCracken Annual From : 15.30 230 Legion Club Ltd Cookstown To : 01.00

Saturday From : 15.30 To : 01.00

Monday to Sunday Mid Ulster District 7 Burn Road From : 08.00 The Burnavon Annual 357 Council Cookstown To : 01:00

Page 149 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday to Sunday 86 Chapel Street M Devlin Moe's Annual From : 11:30 130 Cookstown To : 01:30

Saturday 22 14 27 Letteran Road September 2018 C Eastwood Marquee Unspecified 300 Cookstown From : 18:00 Days To : 01.00

Monday & Tuesday From : 11.30 To : 23.00

Wednesday To 60 Dunnamore Road Saturday C Loughran The Millwheel Bar Annual 200 Cookstown From : 11.30 To : 01.00

Sunday From : 12.00 To : 23.00

Page 150 of 232

Name of Applicant Name of Premises Address of Premises Type of Days and Hours Max No Licence proposed of Patrons

Monday To Sunday 61 Ballyscullion Road R Mulholland Ballyscullion House Annual From : 10:00 300 Bellaghy To : 01:00

Monday to Saturday From : 12.00 To : 23.00 1 Cemetery Road C Forbes Elite Gaming Annual 40 Cookstown Sunday From : 14:00 To : 23:00

Monday To Thursday From : 11:30 To : 23:00

Friday & Saturday 124 Main Street N J Downey Downey's Jubilee Bar Annual From : 11:30 150 Fivemiletown To : 01:00

Sunday From : 12:30 To : 22:30

Page 151 of 232 Appendix 2

Schedule of applications issued for the Grant/Renewal of Entertainment Licences in September 2018

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

R Paul Maghera Presbyterian 7 Meeting House 14 Unspecified Monday To Saturday Church Hall Avenue Days From: 17.00 Maghera To: 24.00

P Worral Cohannon Inn 212 Ballynakelly Annual Monday To Saturday Road From: 11.00 Dungannon To: 01.00

Rev Fr P Byrne St Mary's Hall West Street 14 Unspecified Monday To Sunday Stewartstown Days From: 10.00 To: 01.00

P Gervin Gervin's Bar 1 Barrack Square Annual Monday To Saturday Coalisland From: 11.30 To: 01.00

Page 152 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

J McMullan Robert Emmets GAC 18 Halfgayne Road Annual Monday To Friday Maghera From: 18.00 To: 21.30

Saturday To Sunday From: 18.00 To: 23.30

E Donaghy Donaghy's Bar 26 William Street Annual Monday To Saturday Dungannon From: 11.30 To: 13.00

Sunday From: 12.30 To: 22.30

N Barnes Drumnacross Orange 15 Glenarny Road 14 Unspecified Monday To Saturday Hall Cookstown Days From: 18.30 To: 01.00

Rev L Boyle PP Parochial Hall 42 Fairhill Road 14 Unspecified Monday To Sunday Cookstown Days From: 18.00 To: 22.00

Page 153 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

Rev F F Caul The Parochial Hall 81 Moneyhaw Road 14 Unspecified Monday To Sunday Moneymore Days From: 10.00 To: 24.00

P Hagan Hagan's Bar & Bar 39 Irish Street Annual Monday To Sunday Bella Dungannon From: 11.30 To: 01.30

M Wray Clogher Valley 9a Irish Street 14 Unspecified Monday To Sunday Community Centre Augher Days From: 10.00 To: 01.00

St John Bosco St John Bosco 3 Culbane Road Annual Monday To Sunday Community Community Hall Portglenone From: 08.00 Association To: 01.00

L Salley Salley's Bar and 86 Moore Street Annual Monday To Sunday Lounge Aughnacloy From: 11.30 To: 01.30

B McAnenly The Auction Rooms 24 The Square Annual Monday To Sunday Moy From: 11.30 To: 01.00

Page 154 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

JP Coyle Lissan House Trust 8 Drumgrass Road 14 Unspecified Monday To Sunday Cookstown Days From: 12.00 To: 01.30

R Bloomfield Killygullib Orange Hall 1 Tamlaght Road Annual Friday Kilrea From: 20.00 To: 01.00

E Vallely The Central Bar 28 Main Street Annual Monday To Friday Coalisland From: 11.30 To: 23.30

Saturday and Sunday From: 11.30 To: 01.00

A McCann Newbridge Youth Club 40 Blackpark Road Annual Monday To Sunday Toome From: 18.00 To: 01.00

Mid Ulster District Hill of O'Neill and 26 Market Square Annual Monday To Sunday Council Ranfurly House - Dungannon From: 08.00 Towers and Good To: 23.00 Weather Space

Page 155 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

Mid Ulster District Hill of O'Neill and 26 Market Square Annual Monday To Sunday Council Ranfurly House Dungannon From: 08.00 To: 23.00

E Quinn Quinn's Corner 175 Ballygawley Annual Monday To Saturday Road From: 11.30 Dungannon To: 01.00

Sunday From: 12.30 To: 12.00

E McGovern Tirgan Community 36 Tirgan Road Annual Monday To Sunday Recreation & Social Moneymore From: 10.00 Club To: 01.00

Mid Ulster District Maghera Leisure 48a Coleraine Road Annual Monday To Sunday Council Centre Maghera From: 09.00 To: 22.30

Page 156 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

L Wilson Royal British Legion 54b Scotch Street Annual Monday To Dungannon Wednesday From: 18.30 To: 22.30

Thursday From: 14.00 To: 22.30

Friday From: 16.00 To: 23.00

Saturday From: 14.00 To: 23.00

V Stewart Lissan Parish Hall 69 Turnaface Road 14 Unspecified Monday To Sunday Moneymore Days From: 09.00 To: 01.00

Page 157 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

Glasgowbury The Cornstore 20a High Street Annual Monday To Thursday Draperstown From: 19.00 To: 23.00

Friday & Saturday From: 19.00 To: 01.00

Sunday From: 19.00 To: 22.00

T Cassidy Old Clubhouse 20 Maghera Road 14 Unspecified Monday To Saturday Tobermore Days From: 12.00 To: 01.00

Sunday From: 12.00 To: 22.00

D McGuckin Michael Davitts GAC 37 Garvagh Road Annual Monday To Sunday Swatragh From: 12.00 To: 01.30

Page 158 of 232

Name of Applicant Name of Premises Address of Type of Licence Days and Hours Premises Granted

G McCulloch St Swithin's Church 47 Church Street 14 Unspecified Monday To Sunday Hall Magherafelt Days From: 18.00 To: 24.00

M Marcus Parkanaur Manor 57 Parkanaur Road Annual Monday To Sunday House Dungannon From: 08.00 To: 01.00

B O’Hanlon Todds Leap Activity 30 Todds Leap Annual Monday To Sunday Centre Road From: 08.00 Ballygawley To: 23.30

B Mulligan Mulligans Bar 19 Moneyneany Annual Monday To Saturday Road From: 11.30 Draperstown To: 01.00

Sunday From: 12.30 To: 01.00

C Eastwood Marquee at 27 27 Letteran Road 14 Specified Days Saturday 22 Letteran Road Cookstown September 2018 From: 18.00 To: 01.00

Page 159 of 232

Page 160 of 232

Report on The Roads Miscellaneous Provisions Act (NI) 2010

Date of Meeting 9th October 2018

Reporting Officer Fiona McClements

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon X No

1.0 Purpose of Report

1.1 To update Members on the Department for Infrastructure’s response to Mid Ulster District Council concerns regarding the implementation of the road closure for special events arrangements.

2.0 Background

2.2 The above legislation enables Council to deal with requests to close public roads for special events in its area. Special Events are defined as:

 Any sporting event, social event or entertainment which is held on a public road; or  The making of a film on a public road (including making TV programmes, films or advertisements).

2.3 Special Events do not include the following:  Public processions;  Motor road races;  Cycle races or trials; or  Road works

The underlying principle in relation to special events on roads is that it would not be 2.4 reasonably practicable to hold the event elsewhere. The restriction or prohibition of traffic using the public road will only be permitted for:

 Facilitating the holding of a special event, or

 Enabling members of the public to watch a special event, or

 Reducing traffic disruption in adjacent streets

Although the legislation provides the Council with the power to prohibit or restrict the use 2.5 of a public road, an Order cannot be made that would at any time prevent pedestrian

access to any premises situated on or adjacent to the road, or to any other premises

accessible for pedestrians from and only from the road.

Council cannot make a road closure order without first having the consent of the 2.6 Department for Infrastructure.

Page 161 of 232 2.7 Following reports brought to the Environment Committee regarding applications for road closure for special events, Members have raised concerns relating to this issue on a number of occasions, fearing its implementation would create an adverse impact on the wider community.

3.0 Main Report

3.1 Following considerable discussion of pertinent issues at a meeting of Mid Ulster District Council’s Environment Committee on 8 May 2018, Members resolved to “write to the Department expressing concern at the impact the Roads Miscellaneous provisions Act (NI) 2018 is having on the community groups in being able to hold events”.

3.2 The Director of Public Health and Infrastructure sent a letter on behalf of Council to the then Permanent Secretary at the Department for Infrastructure (Mr Peter May) on 13th August 2018. The letter outlined Members’ ongoing concerns relating to the implementation of the road closure for special events legislation, detailing the impact the arrangements were having on community groups in particular. The letter also sought an urgent review of the legislation and the associated administrative procedures (see Appendix 1 - paragraph 6.2).

3.3 On 13th September 2018, the Director of Public Health and Infrastructure received a response to this correspondence from Ms Katrina Godfrey, who succeeds Mr May as the DfI’s Permanent Secretary (see Appendix 2 – paragraph 6.1).

3.4 Although the Permanent Secretary reflects on Council’s concerns, the response makes clear that the implementation of the legislation is matter for district councils and without a Minister in place; there is no opportunity to seek any change to the current legislation.

3.5 The letter also points to Council’s discretionary powers to set costs associated with the administration of this legislation, and reinforces that any traffic management, safety or other costs incurred in running an event remains the responsibility of the relevant promoter.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications Financial: N/A Human: N/A Risk Management: As determined.

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: N/A Rural Needs Implications: N/A 5.0 Recommendation(s)

5.1 Members are asked to note the contents of the new Permanent Secretary’s letter in response to MUDC concerns regarding the implementation of the road closure legislation.

Page 162 of 232 6.0 Documents Attached & References

6.1 Appendix 1 - MUDC letter to DfI Permanent Secretary relaying concerns regarding road closure legislation and arrangements (13th August 2018)

6.2 Appendix 2 - Letter of response from DfI Permanent Secretary (dated 13th September 2018)

Page 163 of 232

Page 164 of 232 Appendix 1

Page 165 of 232 Page 166 of 232 Appendix 2

Page 167 of 232 Page 168 of 232

Report on Review of Household Waste Recycling Centres

Date of Meeting 9th October 2018

Reporting Officer Mark McAdoo, Head of Environmental Services

Contact Officer Mark McAdoo, Head of Environmental Services

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon No X

1.0 Purpose of Report

1.1 To update members on a review of Household Waste Recycling Centres by WRAP NI.

2.0 Background

2.1 The Recycling Gap Analysis carried out by DAERA previously identified that multiple interventions are required to ensure that Northern Ireland, as a whole, is able to meet the statutory 50% recycling target set for 2020. One intervention identified within the analysis was improvements to the Household Waste Recycling Centre (HWRC) network, with a focus on increasing diversion through recycling and re-use of materials.

2.2 The aim of the project was to carry out a comprehensive review of the HWRC network in Northern Ireland, to support the delivery of a programme of work between local authorities and central government to improve recycling performance in light of the findings from the gap analysis. The project identified priority HWRCs that would benefit from improvements, with around half of the sites in Northern Ireland being visited.

3.0 Main Report

3.1 WRAP Northern Ireland (WRAP NI) commissioned this project, on behalf of DAERA, to conduct a comprehensive review of Northern Ireland’s HWRC network, in order to identify improvements that could be made to increase recycling performance. A desktop analysis was carried out to identify priority sites for assessment, with 46 sites being chosen in total across Northern Ireland. The 2 facilities chosen (from the 12 sites) in Mid Ulster were:

 Coalisland Recycling Centre, Derry Road, Coalisland and;  Magherafelt Recycling Centre, Ballyronan Road, Magherafelt

This report, completed by Eunomia Research Ltd, details site specific recommendations that are a result of the site assessments, as well as associated costs and projected performance improvements. A full copy of the report is provided at appendix 1.

Throughout the visits a number of themes arose that formed overarching recommendations, which are either required at an authority level, such as policy interventions, or which are applicable to the majority of sites visited. These include:

Page 169 of 232  Improvements to trade waste controls;  Introduction of black bag restrictions;  Tighter restrictions on cross authority border waste;  Improvements to current onsite signage;  Increase of different materials collected for recycling and efficiencies within containerisation of materials; and  Introduction of public awareness raising measures.

Implementing the recommended improvements is predicted to improve the overall HWRC performance for Mid Ulster from 58.8% to 80.5%, discounting inert waste, resulting in the diversion to recycling of an additional 1,234 tonnes of material per annum.

The HWRC network in Northern Ireland is currently made up of 99 sites, serving a population of 1.8 million in 11 local authorities. The capacity, throughput and location of the sites vary greatly, with some proving important in serving different populations. The study also included a high level spatial analysis of the distribution/provision of all sites across the country using a methodology based on drive times for residents to their nearest site. An “optimised” model was then produced (see map at appendix 2) which suggests that the residents of Mid Ulster would still be adequately served with three less sites operating across the district. This analysis will be kept under review moving forward.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: The estimated cost of implementing all improvements identified in the report is as follows: Capital: £21k Revenue: £72k pa It is anticipated that some of the above cost will be met from the recently approved capital allocation of £150k for Recycling Centre improvements (as agreed at P&R Committee)

Human: The revenue costs stated above is primarily for additional staffing (which is not considered necessary at this time)

Risk Management: The capital improvements identified address a number of health and safety issues.

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 Members are asked to note the contents of this report.

6.0 Documents Attached & References

6.1 WRAP NI HWRC Improvement Recommendations Report for Mid Ulster 6.2 Spatial analysis of HWRC network in Northern Ireland – optimised model

Page 170 of 232

Final Report HWRC Improvement Recommendations – Mid Ulster

Recommended improvements for Household Waste Recycling Centres visited in Mid Ulster for the WRAP Northern Ireland HWRC Review project

Project code: NIP010-001 ISBN: Research date: March to April 2018 Date: June 2018 Page 171 of 232

WRAP’s vision is a world in which resources are used sustainably.

Our mission is to accelerate the move to a sustainable resource-efficient economy through re-inventing how we design, produce and sell products; re-thinking how we use and consume products; and re-defining what is possible through re- use and recycling.

Find out more at www.wrapni.org.uk

Document reference (please use this reference when citing WRAP’s work): WRAP, 2018, HWRC Improvement Recommendations – Mid Ulster, Prepared by Eunomia

Written by: Eunomia Research & Consulting Ltd

Front cover photography: recycling banks at Coalisland HWRC 19. Report prepared by…..Banbury, WRAP]

While we have taken reasonable steps to ensure this report is accurate, WRAP does not accept liability for any loss, damage, cost or expense incurred or arising from reliance on this report. Readers are responsible for assessing the accuracy and conclusions of the content of this report. Quotations and case studies have been drawn from the public domain, with permissions sought where practicable. This report does not represent endorsement of the examples used and has not been endorsed by the organisations and individuals featured within it. This material is subject to copyright. You can copy it free of charge and may use excerpts from it provided they are not used in a misleading context and you must identify the source of the material and acknowledge WRAP’s copyright. You must not use this report or material from it to endorse or suggest WRAP has endorsed a trade product or service. For more details please see WRAP’s terms and conditions on our website at www.wrap.org.uk

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Executive Summary

WRAP Northern Ireland (WRAP NI) has commissioned this project to conduct a comprehensive review of Northern Ireland’s HWRC network, in order to identify improvements that could be made to increase recycling performance. A desktop analysis was carried out to identify priority sites for assessment, with 46 sites being chosen in total across Northern Ireland. The sites chosen within Mid Ulster were:  Coalisland  Magherafelt

Mid Ulster District Council has 12 sites. All sites are described as Household Recycling Centres.

This report details site specific recommendations that are a result of the site assessments, as well as associated costs and projected performance improvements. Throughout the visits a number of themes arose that formed overarching recommendations, which are either required at an authority level, such as policy interventions, or which are applicable to the majority of sites visited. These include:  Improvements to trade waste controls;  Introduction of black bag restrictions;  Tighter restrictions on cross authority border waste;  Improvements to current onsite signage;  Increase of different materials collected for recycling and efficiencies within containerisation of materials; and  Introduction of public awareness raising measures.

The estimated cost of implementing all improvements is as follows:  Capital: £21k  Revenue: £72k pa  Annualised capital plus revenue: £76k pa.

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Contents

1.0 Introduction ...... 4 1.1 Structure of this Report ...... 4 1.2 Project Aims ...... 4 1.3 Methodology Overview ...... 4 2.0 General Improvement Recommendations for Sites Visited ...... 6 2.1 Trade Waste ...... 6 2.1.1 Trade Waste of Commercial Origin ...... 6 2.1.2 Trade Waste of Household Origin ...... 7 2.2 Residual Waste Restrictions ...... 7 2.3 Signage ...... 8 2.4 Materials and Containerisation ...... 8 2.5 Public Awareness Raising Measures ...... 9 3.0 Site Specific Improvement Recommendations ...... 10 3.1 Site 1: Coalisland ...... 10 3.1.1 Photographs – Site 1, Coalisland ...... 12 3.1.2 Predicted Increase in Recycling Performance – Site 1 ...... 14 3.1.3 Schedule of Improvements and Associated Financial Costs (Savings) – Site 1 14 3.2 Site 2: Magherafelt ...... 15 3.2.1 Photographs – Site 2, Magherafelt ...... 17 3.2.2 Predicted Increase in Recycling Performance – Site 2 ...... 19 3.2.3 Schedule of Improvements and Associated Financial Costs (Savings) – Site 2 19 4.0 Predicted Performance Improvement and Costs across All Sites ...... 20 4.1 Predicted Increase in Recycling Performance – All Assessed Sites ...... 20 4.2 Schedule of Improvements and Associated Financial Costs (Savings) – All Assessed Sites ...... 20

Figures Figure 1: Site 1, Photo 1 - welcome signage ...... 12 Figure 2: Site 1, Photo 2 - improvised signage by site entrance ...... 12 Figure 3: Site 1, Photo 3 - space available in service area ...... 13 Figure 4: Site 1, Photo 4 - example of poor signage ...... 13 Figure 5: Site 2, Photo 1 - window openings for depositing of various recyclables ...... 17 Figure 6: Site 2, Photo 2 - area with low sided bulk containers ...... 17 Figure 7: Site 2, Photo 3 - large lettering with focus on recycling near entrance...... 18 Figure 8: Site 2, Photo 4 - site operative carrying out meet and greet role ...... 18

Tables Table 1: Capital and Revenue Costs of Implementing Recommended Improvements – Site 1 ...... 14 Table 2: Overall Costs Arising from Implementing Improvements – Site 1 ...... 14 Table 3: Capital and Revenue Costs of Implementing Recommended Improvements – Site 2 ...... 19 Table 4: Overall Costs (Savings) Arising from Implementing Improvements – Site 2...... 19 Table 5: Capital and Revenue Costs of Implementing Recommended Improvements for All Sites ...... 20 Table 6: Overall Costs (Savings) Arising from Implementing Improvements for All Sites ..... 20

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Glossary

HWRC Household Waste Recycling Centre Ro-Ro Roll on/roll off container Trade waste Waste arising from activities carried out by businesses, including house clearances, gardeners and builders Household waste Waste arising from household activities Bring bank Enclosed static container for recyclables

Acknowledgements

We gratefully acknowledge the assistance of the local authority officers, site managers and site staff who assisted with the setting up and carrying of site visits for this project.

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1.0 Introduction

1.1 Structure of this Report The report presents recommendations for improvements to several HWRCs in Mid Ulster, following site visits carried out in March and April 2018. The report is structured as follows:  Section 1: description of project aims and methodology.  Section 2: general improvement recommendations for the sites visited.  Section 3: specific recommendations for improvements at each of the sites visited, together with estimated recycling rate increase and financial costs (savings) associated with implementing the improvements.  Section 4: estimated increase in recycling rate across all the HWRCs in the local authority, should all improvements recommendation for the sites visited be implemented; and a summary of the total financial costs (savings) for all recommended improvements.

1.2 Project Aims Northern Ireland, as part of the United Kingdom, has a statutory target to achieve 50% recycling and composting by 2020. The NI Recycling Gap Analysis identified that multiple interventions are required to ensure that Northern Ireland is able to meet this target. One intervention identified within the analysis was improvements to the HWRC network, with a focus on increasing diversion through recycling and re-use of materials. The aim of this project is to carry out a comprehensive review of the HWRC network in Northern Ireland, to support the delivery of a programme of work between local authorities and central government to improve recycling performance in light of the findings from the gap analysis. The project identified priority HWRCs that would benefit from improvements, with around half of the sites in Northern Ireland being visited for assessment. The results provide an improvement programme with a list of measures, upgrades, associated costs and projected performance improvements, as well as high level civil engineering costs where redevelopment or redesign improvements are recommended.

The HWRC network in Northern Ireland is currently made up of 98 sites, serving a population of 1.8 million in 11 local authorities. The capacity, throughput and location of the sites vary greatly, with some proving important in serving different populations. Therefore, each site and local authority faces different challenges, and this project aims to provide a robust and tailored set of recommended improvements to each local authority that will provide an efficient service to residents whilst diverting and re-using as much material as possible.

1.3 Methodology Overview The scope of the project prioritised for assessments to be carried out across around half of the sites within the HWRC network, resulting in 46 sites visited in total. The primary criteria for identifying sites to include in the visit programme were recycling performance and tonnage throughput, with highest priority given to sites with lower recycling performance and higher throughput. The rationale behind these criteria was that improvements at these sites are likely to have the greatest impact on Northern Ireland’s, and the local authorities’, ability to meet recycling performance targets. Site level tonnage throughputs and recycling performance were calculated for all HWRCs in Northern Ireland for 2016/17, from WasteDataFlow (WDF) data.

Other criteria for selecting sites to visit included:  Sites with low recycling rate and low tonnage throughput, which provide a service for a major proportion of the population without alternative sites nearby.  Sites where the recycling performance has decreased recently.  Sites with particularly prominent issues which may include trade abuse, security, cross- border usage etc.

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 Sites which are interesting from a spatial perspective, i.e. local authority boundary changes which have resulted in a change in the population served by the site.  Sites which are of particular importance for strategic or political reasons.

When the tonnage and recycling performance data was analysed, and the above criteria applied to Mid Ulster site data, the sites chosen for assessment within Mid Ulster were:  Coalisland – 52.6% recycling rate  Magherafelt – 62.7% recycling rate

Mid Ulster District Council has 12 sites. All sites are described as Household Recycling Centres.

Each of the selected sites was visited and assessments carried out, focussing on a number of elements including signage, site policies and restrictions, infrastructure, materials and containerisation, public awareness measures and staffing arrangements. This information was supplemented with conversations with site managers and staff during the visit, review of council performance data (through WDF tonnages) and information provided by the local authority in response to a pro forma data request. The findings from these assessments are presented on a site-by-site basis in Section 3.0.

The improvements identified by the site assessors were then fed into a bespoke model built to translate recommended improvements into capital cost requirements, changes to revenue and predicted increase in recycling rate. Recycling rate increases have been estimated using a model similar to that included in the WRAP HWRC Toolkit that accompanies the WRAP HWRC Guidance1.

Not all sites within the authority were assessed as it was not deemed necessary to visit all sites, but there are some general findings that can be applied across all sites in the authority. Section 2.0 discusses common themes identified across all sites visited, for which recommendations and improvements can be considered and applied to those sites not visited, where appropriate.

1 http://www.wrap.org.uk/collections-and-reprocessing/collections-and-sorting/guidance/household-waste-recycling-centres- hwrcs-guide

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2.0 General Improvement Recommendations for Sites Visited

2.1 Trade Waste The project has highlighted that approaches to trade waste vary considerably between authorities, and even between individual sites, within Northern Ireland. This situation has largely been influenced by a ruling by the Northern Ireland Ombudsman pertaining to a specific case, which found that waste delivered to an HWRC by a landscape gardener belonging to another householder should be classified as household waste, not trade waste, and therefore could not be charged for. This stance is supported by the Department of Agriculture Environment and Rural Affairs (DAERA). As such, some authorities have since decided to take a more cautious approach to trade waste management. As a result, discussions with site staff showed confusion around policies and feelings of lack of support for enforcement, which in some cases seemed to contribute to lower staff morale.

There is strong evidence, including from the WRAP HWRC Guidance2, that effectively managing trade inputs has a positive impact on HWRC recycling rates. However, due to the slightly more complicated nature of trade waste in Northern Ireland in light of this ruling, this section is divided into two separate sets of recommendations, based on the type of trade waste that is being delivered to site; that from a commercial origin, and that from a household origin. These recommendations, and the subsequent modelling undertaken, are a result of the site assessments, and are made in line with the Ombudsman and DAERA.

Such recommendations can work effectively so long as there is sufficient staff resource, appropriate training and management are provided, effective administration systems are in place, and the measures are robustly enforced. Additionally, staff will need back up in dealing with confrontational users, and should always put their own safety first. For this reason, it is essential that there is managerial and political support for ensuring that any users that abuse staff are prevented from using the sites. Where appropriate, staff should be provided with bodycams and other measures to act as a disincentive to confrontational site users.

The modelling is based on these recommendations, and does not assume that such controls will reduce tonnage throughput in any significant quantity. Instead, predicted recycling performance assumes that such policies will ensure that a much higher percentage of material will be recycled.

2.1.1 Trade Waste of Commercial Origin It was apparent throughout the project that some waste types were consistently interpreted as trade waste. This includes construction and demolition waste, and that evidently from shops, offices, cafes and other similar businesses. The Ombudsman ruling does not pertain to this type of waste, and so this can reasonably treated as trade waste. A policy should be implemented to prevent these inputs from being delivered to sites, supported by mechanisms to target suspected inputs that are not declared, such as an ANPR system to monitor the frequency of suspected trade vehicles.

Alternatively, such waste could be accepted alongside a reasonable charging structure that covers disposal costs, with lower charges for recyclables in comparison to residual, where economically feasible, in order to encourage recycling. For sites with a weighbridge, this is straightforward, but there are also possible approaches for applying charges per volume or load. It may also be advantages to accept trade waste only at certain times of the week, or in order to keep household and trade use of sites separate.

2 http://www.wrap.org.uk/collections-and-reprocessing/collections-and-sorting/guidance/household-waste-recycling-centres- hwrcs-guide

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Further guidance on the management of trade inputs to HWRCs can be found in the WRAP HWRC Guidance3, Section 7, “Managing Commercial Waste”.

2.1.2 Trade Waste of Household Origin This type of waste is that which evidently originates from a household, but is delivered to site by a business taking payment for the disposal of the waste. This mostly encompasses waste from house clearances and landscape gardeners, and is often the most difficult to police when site policy prohibits such inputs. However, the ruling deems that this type of waste should not be charged for or prohibited. Even so, it is possible to manage it in such a way that ensures that recycling performance is optimised and disposal costs are minimised.

Such waste is often delivered to site in larger vehicles such as vans, and subsequently in larger quantities. This type of material therefore presents issues, including:  quantity fills containers and limits service availability for householders;  limited segregation of this material is carried out for recycling;  the attention of site staff is diverted from aiding other users; and  it creates an impression of a ‘dump’ or a ‘tip’ rather than a dedicated recycling facility.

An effective approach for minimising such impacts should be in the form of policies and measures that help to ensure that all materials, as far as possible, are then recycled. This overlaps with the residual waste restriction policy discussed in Section Error! Reference source not found., but could include one or a mixture of:  Restricted access for vans: this approach can be particularly effective, and involves implementing time bandings that allow van users to use the site only at specified times. This enables sites to be more effectively managed at other times, and allows site staff to focus their efforts on managing van inputs at known time slots.  Policing residual skip: this is effectively part of the “residual waste restriction” policy (Section Error! Reference source not found.); since trade / van users tend to bring in larger quantities of materials, they should be particularly closely supervised to ensure that they are sorting their waste into the correct recycling containers as far as possible.  Meet and greet: van users are intercepted at the site entrance, where waste type is assessed. If the waste is not of commercial origin (as defined in Section 2.1.1), the site user should be instructed to use the correct recycling skips.

2.2 Residual Waste Restrictions The disposal of black bag waste at HWRCs was observed to be a common problem across Mid Ulster. Many residual waste containers or skips reflected significant numbers of unopened black plastic sacks of waste. Residents should be encouraged to recycle their waste using their kerbside collection system. Most HWRCs in the authority promote the app, Bin-ovation, which provides useful information on collection dates, what can and cannot be recycled, and the user’s nearest HWRC. Residents should be encouraged to only use the HWRC for bulky waste or items that cannot be presented for collection at the kerbside. The disposal of black plastic sacks of waste should therefore be actively discouraged or even prohibited at the HWRC.

With adequate signage, promotion, training and support for staff, a black bag restriction policy could have a significant effect on performance across the HWRC network with the added benefit of reducing disposal costs. The main implication is an increased staff resource required in order to ensure that residual skips are thoroughly ‘policed’ to ensure that site users are instructed to use recycling containers whenever possible, and to challenge the

3 http://www.wrap.org.uk/collections-and-reprocessing/collections-and-sorting/guidance/household-waste-recycling-centres- hwrcs-guide

WRAP – HWRC Improvement Recommendations – Mid Ulster 7 This document is uncontrolled if printed HWRC Improvement Recommendations – MidPage Ulster 179 of 232 disposal of mixed bagged waste. As such, a meet and greet role should be used as consistently as is practicable on site, whilst still maintaining high levels of staff utilisation, particularly in terms of supervising recycling activities on site. Recommendations for some sites also include installing a black bag sorting area, where site users are required to remove recyclables from mixed waste that they delivered, and deposit them in the correct containers provided in that sorting area. This can act as a significant incentive to site users to sort their recyclables from residual waste prior to delivering them to the site.

Restrictions could be in the form of either a total prohibition of black sacks, limiting numbers of sacks allowed (although this could be problematic to police), to a requirement to sort through black bags in a designated area of the site. Whilst challenging and resource intensive (particularly in the initial six months of implementation), this latter option provides the maximum flexibility and allows users of the site to recognise the different components that can be easily recycled.

2.3 Signage Lack of clear signage is an obvious obstacle to engaging the public in the best use of the HWRC network. Clear signs enable users to readily and easily find the right part of the site to recycle their waste; whilst information on what facilities are available, coupled with performance statistics, keeps people informed and engaged in the process of effective and sustainable management of household waste. In addition, removing unnecessary or duplicate signs will ensure messages or labels are not lost in the clutter of signs both at the entrance and across the site.

Signage across Mid Ulster HWRCs varies enormously from clear WRAP iconography on high level signs, to tired or lacking signs. A consistent approach to signage is recommended that takes on board some of the best practice already demonstrated at sites. These generally include:  Large, clear container signs that reflect the material being targeted. Where possible, these should be mounted high enough to be visible from a reasonable distance.  A large entry welcome sign that clearly identified the name of the site and materials that can be recycled.  A large map of the site depicting the location of the different materials on site to ensure maximum flow of traffic.  A large exit sign that thanks the public for recycling their waste and highlights the latest recycling performance of the facility.

All signs should use WRAP iconography to ensure consistency and maximise the chance of the public using the right containers.

2.4 Materials and Containerisation Materials available for recycling across sites varies. In some cases this is clearly a decision based upon availability of space. However, this report identifies a number of areas for improvement whereby the range of facilities can be more closely harmonised across the network making best use of available space. In some cases this may mean reducing the number of residual waste containers, for example to allow sufficient space for a re-use or recycling container.

Similarly, containerisation of materials varies enormously across the network of HWRCs from robust and appropriate containers that are in excellent condition (including cages, 1100 litre wheeled bins, rigid plastic boxes to skips and ro-ros), to old containers in poor but serviceable condition and bins that are not suitable for use.

It is recommended that best practice from across Mid Ulster HWRCs is employed across all sites, including removing inefficient practices. Compaction of materials on-site is clearly

WRAP – HWRC Improvement Recommendations – Mid Ulster 8 This document is uncontrolled if printed HWRC Improvement Recommendations – MidPage Ulster 180 of 232 advantageous to increase efficiency of operations and reduce costs of transport off-site. Where space allows and materials are conducive to compaction, an on-site compactor or appropriate compaction equipment should be introduced together with containers that are appropriately sized for the volume of materials throughput.

2.5 Public Awareness Raising Measures Public awareness of how a site operates and what materials can be recycled is one of the most significant factors in maximising recycling rates across HWRCs. Offering an extensive range of recycling facilities (see Section 2.4) and informative, clear signage (see Section 2.3) goes hand-in-hand with awareness raising, promotion and education. Whilst the Bin-ovation app is an excellent tool, this is not complemented by other initiatives or resources available.

Industry experience has demonstrated that re-use facilities provide an excellent opportunity to highlight the benefits and value in everyday things that are thrown away. Promotions at specific times of the year can also be targeted. For example, promoting re-use as part of a spring clean initiative or targeting specific materials for recycling during recycle week.

Public engagement on site is also variable across the HWRCs. All staff are courteous and well-presented, creating a professional impression for site users. However, site staff were generally disengaged with efforts to encourage site users to recycle and spent little time challenging the contents of black bags or encouraging diverging waste away from residual waste containers. Very few staff were aware of or had access to council leaflets which would complement the excellent Bin-ovation app.

It is recommended therefore the council should review its current training offer for site staff to help maximise the opportunities for recycling. This should focus on customer engagement and challenge on materials destined for landfill (residual waste), not customer care. Coupled with education initiatives in schools and colleges these initiatives help build a programme of community awareness raising and engagement that can enhance performance of the Council’s recycling schemes, both at the HWRC and at the kerbside.

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3.0 Site Specific Improvement Recommendations

3.1 Site 1: Coalisland

Coalisland HWRC Site Code MUL4 Date of Visit 27/03/2018 Postcode BT71 4JD Assessor Emma How Recycling rate Tonnage 3,269 (excluding rubble / soil), 52.6% throughput, 2016/17 2016/17

Presentation of Site  Coalisland is a well presented site, which was tidy and quiet when the visit was carried out.

Infrastructure and Layout  The split-level site is functional and well set out with a one way system and separate service area for ro-ro container servicing.  There is likely to be extra space in the service area for additional ro-ro containers if the containers were re-organised. This is recommended, as it could provide further space to accommodate more materials.

Traffic Management  The site has good traffic management with the operation of an electronic barrier, which is used to limit the number of cars onsite at one time to two or three.  The site’s long access road means that there are no issues with queuing cars.  There is a small amount of two-way traffic on the lower exit of the site, where service vehicles use the user exit to enter the service area. This is barrier controlled and to date no traffic conflict has arisen.

Operational Efficiencies  The site receives large quantities of unsorted waste, much from the surrounding traveller community which contribute large volumes of waste. By introducing a ban on the deposit of unsorted waste in conjunction with providing staff training on staff/user interaction, the site may see a better separation of materials.

Materials and Containerisation  There are a number of containers on site that are quite rusty and would benefit from a refurbishment.  The site would benefit from at least two spare ro-ro containers.  The site does not currently accept re-use items as little of value is brought to the site, however there is space available to accommodate a small re-use facility such as a half ISO container, which would also help to encourage material segregation.

Signage  Upon entry to the site there is a welcome sign in WRAP typography detailing the materials accepted. This is partly obscured by vegetation and should be made more visible.  A review of the material signage should be carried out to replace those signs that are handmade, with new signs that use WRAP iconography.

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 There is a sign with the site’s tonnage information located as users exit the site. It would be better to change this to displaying the recycling rate in percentage form, as this is likely to resonate more with sites users. The sign should be updated on a monthly basis.  The site would benefit form a directional sign opposite the site to help users find the site.

Staffing and Management  There are currently two members of staff on site during Mondays and Saturdays, with one member of staff on site Tuesday through to Friday. The site is therefore currently sufficiently staffed to allow increased user interaction by staff. It is therefore recommended that staff increase their interaction with site users to encourage separation of materials for recycling and to enforce site policies.

Policies and Restrictions  The site currently accepts some materials from traders including cardboard, small amounts of wood, hard plastics and scrap metal, despite there being no infrastructure on site or policy for trade waste acceptance. The current policy is to send traders to Drumcoo HWRC, Dungannon, as this facility has a weighbridge and accepts trade waste for a charge. In light of the new weight based permit system being introduced in June, it is recommended that printed information be made available to trade users to signpost them to this service and a sign be installed providing similar information at the site entrance.  A policy restricting black bags and requiring residents to sort their black bag waste would be beneficial (see Section Error! Reference source not found.).

Other Comments  There is planning permission for a bypass which would run through the lower portion of the site. The developer has agreed, should the bypass go ahead, to provide a new site for the HWRC.

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3.1.1 Photographs – Site 1, Coalisland

Figure 1: Site 1, Photo 1 - welcome signage

Figure 2: Site 1, Photo 2 - improvised signage by site entrance

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Figure 3: Site 1, Photo 3 - space available in service area

Figure 4: Site 1, Photo 4 - example of poor signage

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3.1.2 Predicted Increase in Recycling Performance – Site 1

The implementation of the improvement recommendations set out above is predicted to increase the site’s recycling rate (excluding rubble/soil recycling) from 52.6% to 77.7%.

3.1.3 Schedule of Improvements and Associated Financial Costs (Savings) – Site 1

Estimated costs (savings) associated with implementing the recommended improvements are summarised in the table below. These are only high level cost estimates and it is recommended that a more detailed assessment of cost implications is carried out prior to implementing improvements. For capital items, a revenue equivalent is provided based on a write off period for each item. Revenue costs for improvements, which relate to staffing and/or management additional costs, are included. There would also be a one-off cost of an estimated £13,000 over the first six months, to provide additional staffing and support for the launching of new policies at the HWRC; this is not included in Table 1.

Table 1: Capital and Revenue Costs of Implementing Recommended Improvements – Site 1

Improvement Capital Cost Revenue Cost

Open 40yd3 RORO (Refurbished) 4,800 686

Medium signs (est.) for end of skip x 10 4,000 800 Large sign x 3 2,550 510 Additional Staff (FTE) 0 26,000 Administration (FTE) 0 10,000 Overall Total 11,350 37,996

There are costs (savings) arising from the diversion of materials from disposal and additional haulage and gate fees (income) from the increased recycling that is predicted will occur at the site if improvements are implemented. These costs are included in Table 2, alongside the total revenue equivalent costs of the improvement themselves (as per Table 1). This shows an estimated net revenue saving of £35k per annum, including annualised capital.

Table 2: Overall Costs Arising from Implementing Improvements – Site 1 Breakdown Total Material Revenues £44k Residual Disposal -£117k Revenue Costs £36k Total excluding Capital -£37k Annualised Capital £2k Total including Capital -£35k

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3.2 Site 2: Magherafelt

Magherafelt HWRC Site Code MUL9 Date of Visit 10/04/2018 Postcode BT45 6EN Assessor Neil Greenhalgh Recycling rate Tonnage 3,858 (excluding rubble / soil), 62.7% throughput, 2016/17 2016/17

Infrastructure and Layout  Magherafelt is an extensive split level site with many examples of good practice, with a logical layout and plenty of space.  The site is well run, clean and tidy, with professional and knowledgeable staff. This was particularly evident in the fact that staff insisted on visitors signing a site safety rules form.  The site is co-located with the transfer station for the authority’s household waste collections and street cleaning waste.

Traffic Management  HGVs, service vehicles and trade waste customers are all directed over a weighbridge, and a one way system is in operation with clear road markings to ensure smooth traffic flows.  The public are generally kept separate from the service vehicles with the exception of the garden waste disposal area, though this area is closed off to the public when it is serviced.  Clearly marked parking areas should be painted on the surface, as appropriate throughout the site, and in a manner so as to minimise reversing of vehicles into parking spaces.

Materials and Containerisation  The public enter the site and drive around to the left, pulling in to a number of window openings to a large building, that clearly signpost what can be recycled. They then tip their waste into the bay through a door hatch (see Figure 5) into containers located on a lower level inside the building.  Further skips are accessed via a ramp ensuring the split level assists with the public depositing their waste (see Figure 6). Concrete bays are also available for WEEE, metals, wood and hard plastics.  During the visit the wood bay was overflowing, suggesting that more frequent servicing of the wood bay should be carried out.  Bulk containers for mattresses and carpets should be accommodated in the split level area. If space is limited, one of the residual waste containers should be substituted for a container for one of these materials.  There is ample space on site to accommodate a re-use facility, and it is recommended that an ISO container for re-use is installed. Consideration could also be given to introducing resale of re-use on site, with the potential a safe public parking area, and potentially generating significant income, either for the local authority and/or for a suitable community sector partner.  The dry battery recycling facility is an unusual and excellent feature, and caters for local agricultural users of this type of battery. However, this does raise the question as to whether these batteries should be accepted as household or trade waste.

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Signage  Much of the site is fitted out with signs that are clear, with large lettering, and concise instructions (see Figure 5). Most signs use WRAP iconography and are fit for purpose.  The site provides some best practice examples of using large lettering, such as the ‘Recycling Centre’ sign near the entrance (see Figure 7) and the container sign above the garden waste shed.  However, there are several areas of the site (see Figure 6) that would benefit from clearer signage (see Section 2.3).

Staffing and Management  Staff on site are very professional, courteous, well presented and knowledgeable. They take their responsibilities seriously, including carrying out a meet and greet function (see Figure 8).  Staff numbers on site are reported as two at any one time, including the weighbridge attendant, which is low for the size of site and traffic movement. It is recommended that an additional member of staff should be employed in order to effectively enforce site policies and to promote segregation of materials.

Policies and Restrictions  Staff appear to be effective in managing and preventing trade abuse at the site. The adjacent transfer station provides a convenient alternative to direct traders to, and the acceptance of trade waste and charging policy are clearly signposted near the entrance of the site.  The wide range of recycling facilities on site could potentially be made available to traders.  It is apparent that a lot of black bag waste is disposed of in residual waste skips. A key recommendation for increasing the site’s recycling rate is to implement a residual waste restriction policy (see Section 2.2).

Public Awareness Raising Measures  The staff report that they often refer to the ‘Recycling Centre’ sign if members of the public demonstrate reluctance to use the recycling containers.  The site runs a free compost week offering site users free bags of compost. Replicating this practice at different times of the year (Bank Holidays for example) and providing more educational information and targeted campaigns on site would be beneficial.  A sign that informs users of the site’s recycling rate (and which is regularly updated, i.e. monthly) and thanking them for recycling efforts should be installed near the site exit.

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3.2.1 Photographs – Site 2, Magherafelt

Figure 5: Site 2, Photo 1 - window openings for depositing of various recyclables

Figure 6: Site 2, Photo 2 - area with low sided bulk containers

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Figure 7: Site 2, Photo 3 - large lettering with focus on recycling near entrance

Figure 8: Site 2, Photo 4 - site operative carrying out meet and greet role

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3.2.2 Predicted Increase in Recycling Performance – Site 2

The implementation of the improvement recommendations set out above is predicted to increase the site’s recycling rate (excluding rubble/soil recycling) from 62.7% to 79.8%.

3.2.3 Schedule of Improvements and Associated Financial Costs (Savings) – Site 2

Table 3: Capital and Revenue Costs of Implementing Recommended Improvements – Site 2

Improvement Capital Cost Revenue Cost

Open 40yd3 RORO (Refurbished) 4,800 686

Full sized ISO doors at end (refurbished) - 20ft 2,100 300 Medium sign (est.) for end of skip x 5 2,000 400 Large sign x 1 850 170 Additional Staff (FTE) 0 26,000 Administration (FTE) 0 10,000 Overall Total 9,750 37,556

There are costs (savings) arising from the diversion of materials from disposal and additional haulage and gate fees (income) from the increased recycling that is predicted will occur at the site if improvements are implemented. These costs are included in Table 2, alongside the total revenue equivalent costs of the improvement themselves (as per Table 3). This shows an estimated net revenue saving of £18k per annum, including annualised capital.

Table 4: Overall Costs (Savings) Arising from Implementing Improvements – Site 2 Breakdown Total Material Revenues £20k Residual Disposal -£76k Revenue Costs £36k Total excluding Capital -£20k Annualised Capital £2k Total including Capital -£18k

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4.0 Predicted Performance Improvement and Costs across All Sites

4.1 Predicted Increase in Recycling Performance – All Assessed Sites

The implementation of the improvement recommendations for all sites identified within this report is predicted to increase the authority’s recycling rate (excluding rubble/soil recycling) from 58.8% to 80.5%.

4.2 Schedule of Improvements and Associated Financial Costs (Savings) – All Assessed Sites

Estimated costs (savings) associated with implementing the recommended improvements are summarised in Table 5, collated for the entire authority.

Table 5: Capital and Revenue Costs of Implementing Recommended Improvements for All Sites

Improvement Capital Cost Revenue Cost

Open 40yd3 RORO (Refurbished) 9,600 1,371 Full sized ISO doors at end (refurbished) - 20ft 2,100 300 Medium sign (est.) for end of skip x 15 6,000 1,200 Large sign x 4 3,400 680 Additional Staff (FTE) 0 52,000 Administration (FTE) 0 20,000 Overall Total 21,100 75,551

There are costs (savings) arising from the diversion of materials from disposal and additional haulage and gate fees (income) from the increased recycling that is predicted will occur at the site if improvements are implemented. These costs are included in Table 6, alongside the total revenue equivalent costs of the improvement themselves (as per Table 5). This shows an estimated net revenue saving of £54k per annum, including annualised capital.

Table 6: Overall Costs (Savings) Arising from Implementing Improvements for All Sites Breakdown Total Material Revenues £64k Residual Disposal -£193k Revenue Costs £72k Total excluding Capital -£57k Annualised Capital £4k Total including Capital -£54k

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www.wrapni.org.uk

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Report on Tullyvar Joint Committee update

Date of Meeting 9th October 2018

Reporting Officer Mark McAdoo, Head of Environmental Services

Contact Officer Mark McAdoo, Head of Environmental Services

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon No X

1.0 Purpose of Report

1.1 To provide members with an update on the business of the Tullyvar Joint Committee.

2.0 Background

2.1 Tullyvar Joint Committee is a formal Committee initially established in 1992 under the former constituent Councils of Dungannon & South Tyrone Borough Council and Omagh District Council under Section 19 of Local Government Act (NI) 1972. Five Councillor/ representatives from Mid Ulster and Fermanagh & Omagh Councils now serve on the Joint Committee which is supported by senior Officers from each of the Councils.

3.0 Main Report

3.1 The last meeting of the Joint Committee was held on 12th September 2018. The associated agenda and a copy of the latest Committee report/papers including minutes of the previous Committee meeting held on 9th May 2018 are attached for information

3.2 The next Joint Committee meeting is scheduled for Wednesday 14th November 2018. It has been agreed that the frequency of meetings be reduced from bi-monthly to quarterly.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: None

Human: None

Risk Management: None

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: N/A

Rural Needs Implications: N/A

Page 195 of 232 5.0 Recommendation(s)

5.1 Members are asked to note the content of this report and associated papers.

6.0 Documents Attached & References

6.1 Latest papers for Tullyvar Joint Committee.

Page 196 of 232 Page 197 of 232 Page 198 of 232 Page 199 of 232 Page 200 of 232 Page 201 of 232 Page 202 of 232 Page 203 of 232 Page 204 of 232 Page 205 of 232 Page 206 of 232 Page 207 of 232 Page 208 of 232 Page 209 of 232 Page 210 of 232 Report on Recycle Week 2018

Date of Meeting 9th October 2018

Reporting Officer Mark McAdoo, Head of Environmental Services

Contact Officer Jill Eagleson, Environmental Education Manager

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon No X

1.0 Purpose of Report

1.1 To update members on Recycle Week 2018 communications and related activity.

2.0 Background

2.1 Members will be aware that the focus for 2018 recycling communications is dry recycling, i.e. maximising usage of the blue bin scheme. Following the findings of the WRAP (Waste Resources Action Programme) Northern Ireland Waste Composition Study completed in July of this year, there are two keys areas where Council needs to focus to increase dry recycling and decrease waste to landfill: - Reducing ‘missed capture’ (the blue bin material still being placed in the black bin) - Reducing contamination in the blue bin

Using this evidence and in conjunction with the Recycling Team, the Marketing and Communications Team have devised a high profile 6 week blue bin recycling communications campaign launching during Recycle Week (w/c 24th September).

3.0 Main Report

3.1 Recycle Week is annual national campaign coordinated by WRAP, running for 15 years. Recycle Week aims to change people’s recycling behaviour whilst gaining positive publicity. Research shows that more people now than ever realise that recycling makes a difference, helps tackle pollution, climate change and ocean plastics.

The Mid Ulster Recycling Hero campaign launches in Recycle Week but will run until the end of October. The theme of the campaign is ‘Are you a Recycling Hero?’ This will direct residents to take the online quiz to find out if they are a “recycling hero”. The campaign aims to educate in a fun way, to encourage residents to think about their recycling habits and enact behavioural change to reduce contamination and reduce incorrect disposal of recyclables in the black bin.

Recycle Week Campaign Elements:

• Press release with Council Chair to launch ‘Are you a Recycling Hero?’ campaign • ‘Are you a Recycling Hero?’ on 1 x billboard, 1 x adshel and 20 x bus rears • Promotion of quiz on social media, council website • Promotion to staff internally via email and intranet • Promotion of existing recycling stickers/leaflets on website and social media

Page 211 of 232 • Re-posting of WRAP Recycle Week social media activity

Recycling educational talks with schools and community groups will be ‘Recycling Hero’ themed throughout the campaign duration. Schools will receive themed educational packs encouraging them to participate and take the quiz.

The Recycling Hero quiz is now live and can be accessed from the Council website homepage or via the direct link

https://www.midulstercouncil.org/recyclinghero

Further reports will follow on the other recycling activities carried out throughout the campaign and on the impact of the Recycling Hero campaign.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: Costs for the campaign will be shared between Marketing and Environmental Services

Human: Significant Communications Team officer time has been dedicated to devising and delivering this campaign, to assist with delivery on increasing dry recycling rates.

Risk Management: Ongoing, targeted recycling communications are a key focus for Environmental Services to ensure the three bin system is utilised effectively and recycling rate is maximised. This reduces the risk of not meeting future recycling targets or incurring NILAS penalties.

Screening & Impact Assessments 4.2 Equality & Good Relations Implications: N/A Rural Needs Implications: N/A

5.0 Recommendation(s)

5.1 Members are asked to note the contents of this report and the success of Recycle Week

6.0 Documents Attached & References

6.1 Recycling Week Hero Campaign Launch photographs and billboard artwork

Page 212 of 232 Page 213 of 232 ro? He

Zero or Are you a Recycling Hero? Take our online quiz and ﬁ nd out!

#RecyclingHero www.midulstercouncil.org/recyclinghero

Page 214 of 232

Reccycling hero Billboard.indd 1 10/09/2018 17:00:49

Report on Property Damage and Maintenance following Storm Ali

Date of Meeting 9th October 2018

Reporting Officer Terry Scullion - Head of Property Services

Contact Officer Eunan Murray - Grounds & Cemeteries Service Manager

Is this report restricted for confidential business? Yes

category relied upon If ‘Yes’, confirm below the exempt information No X

1.0 Purpose of Report

1.1 To update members on the extent of the Damage, Disruption and Maintenance repairs to Council Property as a result of Storm Ali on Wednesday 19 September 2018.

2.0 Background

2.1 Storm Ali hit the Mid Ulster District on the morning of Wednesday 19 September following an Amber Wind Warning in the weather forecast. Its caused wind gusts of up to 75 mph that resulted in extensive damage and disruption across the council estate.

3.0 Main Report

3.1 As many trees were still in full foliage extensive damage was caused as a result of falling trees, snagged and fallen branches. As a result it was necessary to close many open recreation spaces to the public on Wednesday to protect the public on safety grounds (e.g. Maghera Walled Garden, Polepatrick Cemetery, etc).

3.2 Temporary Power failures occurred in a number of Council properties in Dungannon and Cookstown areas. There were issues with branded town centre banners on street lighting columns coming lose and falling.

3.3 Storm damage assessment and repairs commenced on Thursday 20 September. The priority was to make the sites safe so that they could open to the public as soon as possible and minimise service delivery issues. Due to the scale of the damage in house teams were supported by third party contractors to assist with site clean ups. See appendix 1 for the list of sites impacted and appendix 2 for images of impacted of sites.

3.5 The extent of the damage varied between the 32 sites affected with Newferry, Dungannon Park, Polepatrick and Windmill Wood appearing to be the worst affected. Whilst all sites have re opened there is further repair work required to a small number of sites subject to further assessment of requirements.

Page 215 of 232

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial:

The approximate cost of clean up works, including tree surgery remedials is estimated to be approximately £9,500 to date. There are a number of sites were additional work is required subject to an assessment of requirements and budget availability.

Human:

In house grounds maintenance and building maintenance resources supported by available tree surgeons.

Risk Management:

Access to a number of public sites were closed due on safety grounds due initially to the danger posed by the storm, and the unsafe conditions following storm damage.

4.2 Screening & Impact Assessments

Equality & Good Relations Implications:

N/A

Rural Needs Implications:

N/A

5.0 Recommendation(s)

5.1 Members are requested to note the contents of the report.

6.0 Documents Attached & References

6.1 Appendix 1 – Inventory of Council Maintained sites summarising repairs completed and work pending

6.2 Appendix 2 – Images showing sample of damaged caused

Page 216 of 232

APPENDIX 1 – Council Maintained Sites damaged in Storm Ali

Page 217 of 232 Site External Storm Repairs Site Reopened/ Clean Further Works/Assessment contractor carried out by up Complete Required required w/e 28/09/2018 for Storm Repairs Water Recreation Sites

Newferry, Tree Several tall trees Tuesday 25th Repairs to boundary security Bellaghy Surgery and fallen September (reopened) fence. Areas of uprooted trees branches to be filled in, sections of cleared. tarmac and kerbing to car park Temporary to be replaced fencing erected were car park damaged by uprooted trees. Fishing stands, N/A Fallen trees and Tuesday 25th N/A Glenone branches September Moy Slipway N/A Fallen branches Wednesday 26th N/A September

Operational Cemeteries and Old Graveyards

Polepatrick Tree Several trees and Friday 21st September Updated Tree survey required Cemetery/Park & Surgery fallen branches (reopened) to determine any long term Nursery, cleared across damage to woodland areas Magherafelt site. and replanting opportunities. Cottagequinn Tree Several trees, Friday 21st September N/A Cemetery, Surgery hedges and (reopened) Dungannon fallen branches cleared. Forthill N/A Fallen branches Monday 24th N/A Cemetery, and debris. September Cookstown Slates from building replaced Grange Old Tree Mature tree Monday 24th Adjacent tree damaged in the Grave Yard, Surgery & cleared and September storm to be felled. Extent of Cookstown Site damaged (Reopened) memorial stability and damage clearance memorials to be assessed. tidied.

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Parks and Recreation Amenities

Swatragh Play N/A Damaged tree Monday 24th N/A Park and fallen September branches Beechway N/A Snagged and Monday 24th N/A Pitch/Play Area, fallen branches September Cookstown Gulladuff Play N/A Damaged tree Monday 24th N/A Park and fallen September branches Dungannon Park Tree Several trees and Friday 21st September Clearance of storm debris. Surgery fallen branches (reopened) Further tree surgery of made safe. damaged trees required. Review of existing Tree survey required to determine any long term damage to woodland areas and any gap replanting opportunities. Windmill Wood, Tree Several trees, Tuesday 25th Clearance of storm debris. Dungannon Surgery snagged and September (reopened) Tree surgery of damaged tree fallen branches stock ongoing to minimise risks made safe. at boundaries with residential properties. Review of existing Tree survey required to determine any long term damage to woodland areas and replanting opportunities. Blessingbourne Tree Trails cleared of Tuesday 25th Voids from uprooted trees to Bike Trails, Surgery & fallen trees, September (reopened) be filled with stone on trails. Fivemiletown Pathway snagged and repairs fallen branches. Temporary fencing on damaged trails. Roundlake N/A Fallen branches Wednesday 26th Tree Survey remedials to be Caravan Site, cleared September considered subject to in year Fivemiletown budget availability Ballygawley N/A Fallen branches Monday 24th Cosmetic clear up required. & trees cleared September Glenmore Path N/A Fallen and Monday 24th N/A snagged September branches cleared Coalisland Canal N/A Small trees and Tuesday 25th N/A Towpath fallen branches September cleared Manor Park, Tree Small trees and Tuesday 25th N/A Moneymore Surgery fallen branches September cleared

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Washingbay N/A Small trees and Tuesday 25th N/A fallen branches September cleared Ballyronan N/A Several trees and Monday 24th N/A Woods fallen branches September cleared Fairhill car park, N/A Snagged and Monday 24th N/A Moneymore fallen branches September cleared Augher Walk Tree Several trees and Tuesday 25th N/A Surgery fallen branches September cleared Dredge Tree Tree, snagged Friday 28th September N/A Bridge/Riverside Surgery and fallen Walk, Caledon branches cleared Plantation Walk Tree 2 trees and fallen Monday 24th N/A Way Surgery & branches cleared September Pathway cleared

Forest Recreation sites

Inniscarn Forest, N/A Tree cleared Tuesday 25th N/A Desertmartin from path September (Reopened) Moydamlaght N/A Several trees Tuesday 25th N/A Forest, cleared from September Draperstown paths (Reopened) Pomeroy forest Tree Several trees Friday 21st September N/A Surgery cleared from (Reopened) paths Davagh Forest Tree Several trees Wednesday 26th N/A Bike Trails Surgery cleared from September Trails (Reopened) Derrynoid N/A Tree cleared Tuesday 25th N/A Forest, from path September Draperstown

Sports Pitches

Glenone Pitch, N/A Tree cleared and Tuesday 25th N/A Glenone fallen branches September

King George Tree Tree cleared and Tuesday 25th Boundary fence damage to be playing fields, Surgery fallen branches. September repaired. Fivemiletown

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Moneymore Tree Snagged and Tuesday 25th N/A playing fields Surgery fallen branches September cleared.

Page 221 of 232 APPENDIX 2 –Images of Damage to Council Maintained Sites Derrynoid Forest

Windmill Wood

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Cottagequinn Cemetery

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Plantation Walkway

Coalisland Canal

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Iniscarn Forest

Newferry

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DfI Transport Strategy Division Proposals to Mid Ulster District Report on Council

Date of Meeting Tuesday 9th October 2018

Reporting Officer Andrew Cassells, Director of Environment & Property

Contact Officer Andrew Cassells, Director of Environment & Property

Is this report restricted for confidential business? Yes If ‘Yes’, confirm below the exempt information category relied upon No X

1.0 Purpose of Report

1.1 To inform Members in relation to proposals from DfI Transport Strategy Division to introduce measures to enhance the safety and development of the transport network with a range of transport proposals.

2.0 Background

2.1 DfI Transport Strategy Division are informing the Council of proposals to introduce measures designed to improve network safety, sustainability and efficiency and to encourage safe and sustainable travel.

3.0 Main Report

3.1 The following outlines the proposal to be brought to the attention of the Environment Committee:

The Annaghilla Road, Augher, Dungannon (Abandonment) Order (Northern Ireland) 2018 – S.R. 2018 No. 160

DfI Transport Strategy Division are proposing to abandoned 104 square metres of road comprising verge adjacent to 38 Annaghilla Road, Augher.

Notification Letter, Statutory Rule and Location Map of the aforementioned proposal are attached as appendices to this report.

4.0 Other Considerations

4.1 Financial, Human Resources & Risk Implications

Financial: None

Human: None

Risk Management: None

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Screening & Impact Assessments 4.2 Equality & Good Relations Implications: None

Rural Needs Implications: None

5.0 Recommendation(s)

5.1 That the Environment Committee notes the proposal submitted by DfI Transport Strategy Division.

6.0 Documents Attached & References

6.1 Appendix 1 Letter from DfI Transport Strategy Division dated 30th August 2018; the Annaghilla Road, Augher, Dungannon (Abandonment) Order (NI) 2018 – S.R. 2018 No.160

6.2 Appendix 2 Statutory Rule – 2018 No.160; Annaghilla Road, Augher, Dungannon (Abandonment) Order (NI)

6.3 Appendix 3 Drawing – the Annaghilla Road, Augher, Dungannon (Abandonment) Order (NI) 2018- S.R. 2018 No.160

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Transport Strategy Division

Mid Ulster District Council Room 3-01 ([email protected]) Clarence Court 10-18 Adelaide Street Belfast BT2 8GB

Tel: (028) 90540092 Email: [email protected] Your reference: Our reference: IN1-18-3102

30th August 2018

Dear Sir/Madam

The Annaghilla Road, Augher, Dungannon (Abandonment) Order (Northern Ireland) 2018 – S.R. 2018 No. 160

Please find enclosed a copy of the above-mentioned statutory rule and related map for your information.

Yours faithfully

Lynsey Wilson

Lynsey Wilson Transport Legislation Branch

Page 229 of 232 STATUTORY RULES OF NORTHERN IRELAND

2018 No. 160

ROADS

The Annaghilla Road, Augher, Dungannon (Abandonment) Order (Northern Ireland) 2018

Made - - - - 29th August 2018 Coming into operation - 10th October 2018

The Department for Infrastructure(a) makes the following Order in exercise of the powers conferred by Article 68(1) of the Roads (Northern Ireland) Order 1993(b) and now vested in it(c).

The Department in accordance with Article 68(4) of that Order proposes to abandon the area of road described in the Schedule as it is not necessary.

Notice has been published, served and displayed in compliance with paragraphs 1, 2 and 3 of Schedule 8 to that Order.

No objection has been received.

Citation and commencement 1. This Order may be cited as The Annaghilla Road, Augher, Dungannon (Abandonment) Order (Northern Ireland) 2018 and shall come into operation on 10th October 2018.

Application 2. The area of road described in the Schedule is abandoned.

Sealed with the Official Seal of the Department for Infrastructure on 29th August 2018

(L.S.) G F McKenna A senior officer of the Department for Infrastructure

(a) 2016 c. 5 (N.I.) (b) S.I. 1993/3160 (N.I. 15) (c) S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IV

Page 230 of 232 SCHEDULE Article 2 AREA OF ROAD TO BE ABANDONED An area of 104 square metres of road comprising verge adjacent to No. 38 Annaghilla Road, Augher, Dungannon, extending from a point 226 metres north-east of its eastern junction with the Annaloughan Road for a distance of 35 metres in a north-easterly direction, more particularly delineated and shown hatched and coloured red on map number IN1/18/160073. A copy of the map has been deposited at the Department’s Headquarters, Room 301, Clarence Court, 10-18 Adelaide Street, Belfast and at DfI Roads and Rivers Western Division, County Hall, Drumragh Avenue, Omagh.

EXPLANATORY NOTE (This note is not part of the Order) This Order abandons the area of road described in the Schedule.

2 Page 231 of 232 Annaloughan Road (eastern junction)

Area to be abandoned

DEPARTMENT FOR INFRASTRUCTURE Map No. IN1/18/160073 referred to in “The Annaghilla Road, Augher, Dungannon (Abandonment) Order (Northern Ireland) 2018” made by the Department on 29th August 2018 and coming into operation on 10th October 2018.

©Based upon the Ordnance Survey map with the Permission of the Director and the Chief Executive. Crown Copyright SCALE 1:1250

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