Magherafelt District Council

MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 17 May 2011. The meeting commenced at 7.20 pm.

Presiding: I P Milne

Other Members Present: G C Shiels P J Bateson J Campbell T J Catherwood J Crawford Mrs C Elattar Mrs E A Forde J F Kerr Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake Mrs D Ní Shiadhail Miss C M Scullion

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs Audrey Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance:

DoE Planning Service: Mr M Bowman – Planning Officer

NILGA: Mr Derek McCallan, Chief Executive

1 Minutes

1.1 It was

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

Resolved: that the Minutes of the Council Meeting held on Tuesday, 8 March 2011 (copy previously circulated to each Member) be taken as read and signed as correct.

1.2 It was

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

Resolved: that the Minutes of a Special Meeting of the Council held on Monday, 28 February 2011 (copy previously circulated to each Member) be taken as read and signed as correct.

1.3 It was

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

Resolved: that the Minutes of a Special Meeting of the Council held on Monday, 14 March 2011 (copy previously circulated to each Member) be taken as read and signed as correct.

2 Matters Arising Out of the Minutes

2.1 Submitted letter of thanks from Market Street Beacon Centre, Magherafelt thanking the Council for its recent contribution which would be used to benefit the service to its members at the centre.

Noted.

3 Civic Reception

It was

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

Resolved: that a Civic Reception be given to Carntogher Community Association to mark the Association’s recent winning of the “Best Community in the Island of Ireland” competition.

4 Congratulations/Sympathy

4.1 It was

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

Resolved: that a message of Congratulations be sent to Mrs Joanne Loughery-Robinson, Home Safety/Health Promotion Officer on the birth of her daughter, and that a message of Sympathy be sent to Miss Laura Dale, on the recent death of her father, Mr Stephen Dale.

4.2 Members agreed.

5 Planning 185/5/2011

5.1 New Planning Applications:

H/2010/0231/F – Market Yard (NI) Ltd Approval. The Council agreed to the issue of the approval.

H/2010/0419/RM – Mr Peter McCann Approval. The Council agreed to the issue of the approval.

H/2010/0447/F – Waterways Ireland Approval. The Council agreed to the issue of the approval.

H/2011/0007/F – Ulster Shredders Limited Approval. The Council agreed to the issue of the approval.

H/2011/0018/O – Mr Stanley Johnston Deferred for an Office Meeting on the request of Councillor P McLean. A letter of submission was handed to the Planning Officer.

H/2011/0022/F – John Donnelly Deferred for an office meeting on the request of Councillor P McLean. A letter of submission was handed to the Planning Officer – Criterion 5.

H/2011/0023/F – John Donnelly Deferred for an office meeting on the request of Councillor P McLean. A letter of submission was handed to the Planning Officer – Criterion 5.

H/2011/0035/F – Simon Niblock Approval. The Planning Officer stated that there was only one letter of objection. The Council agreed to the issue of the approval.

H/2011/0055/F – Magherafelt District Council Deferred. The Planning Officer advised that seventeen of the eighty-one letters of objection had been retracted. Following some discussion it was agreed that an Office Meeting for objectors be held in order to give them an opportunity to express their concerns and that it should be held as speedily as possible. Councillors P McLean, T J Catherwood, J J McPeake and the Chairperson, Councillor I P Milne requested to attend the meeting. The Council agreed that if, after holding the meeting, the Planning Service were of the opinion that there should be no change in the planning opinion the decision should be issued.

H/2011/0056/O – Hugh Griffin Deferred for an office meeting on the request of the Chairperson, Councillor I P Milne and Councillor Miss K A Lagan. A letter of submission was handed to the Planning Officer – Criterion 5.

H/2011/0069/F – Mr Robert Derby Deferred for an office meeting on the request of Councillor J Campbell. A letter of submission was handed to the Planning Officer. – Criterion 5.

H/2011/0075/F – Francis McCann Approval. The Planning Officer advised that there was one letter of objection. The Council agreed to the issue of the approval.

H/2011/0077/O – Mrs M Graham Deferred for an Office Meeting on the request of Councillor J Campbell. A letter of submission was handed to the Planning Officer – Criterion 5.

H/2011/0091/F – Mildred Hughes Approval. The Planning Officer advised that there was one letter of objection. The Council agreed to the issue of the approval.

5.1.1 Applications Deferred from Previous Meeting:

H/2009/0600/O – Mr D Moore Approval. The Council agreed to the issue of the approval.

H/2010/0093/F – Mr Harold Greer Deferred for an objectors’ meeting on the request of Councillor P McLean and that it be held as speedily as possible. Councillor McLean requested that he attend the meeting. The Council agreed that if, after holding the meeting, the Planning Service were of the opinion that there should be no change in the planning opinion the decision should be issued.

H/2010/0466/O – Mr G Ward Refusal. The Council agreed to issue the planning decision.

H/2010/0471/F – Mr & Mrs P Noonan Deferred. The Council agreed to hold the decision notice until Friday, 20 May 2011 on the request of Councillor J F Kerr to allow time for the application to be withdrawn.

H/2010/0524/F – Mr & Mrs Selfridge Deferred. The Council requested that the Planning Service hold the decision notice until Friday 20 May 2011 on the request of Councillor Miss K A Lagan to allow time for the application to be withdrawn.

H/2010/0540/F – Mr Paul McCorry Deferred. The Planning Officer advised that the Planning Service had withdrawn this application from the schedule for a period of four weeks.

H/2010/0562/O – Mr William O’Kane Deferred. The Council agreed to hold the decision notice until after a meeting arranged with an MLA and the Area Planning Manager, Mr G Hogg.

5.1.2 It was

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

Resolved: to adopt the Planning Schedule dated 10 May 2011 subject to the above conditions and amendments.

5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 February to 28 February 2011 and 1 March to 31 March 2011 (copies previously circulated to each Member).

Noted.

The Planning Officer retired from the meeting at 8.10 pm.

Adjournment of Meeting

The Chairperson, Councillor I P Milne adjourned the meeting for five minutes at 8.10 pm to give him an opportunity to speak to the Planning Officer and some objectors.

Councillor J Campbell retired from the meeting at 8.10 pm.

The meeting reconvened at 8.15 pm.

5.3 Submitted letters from:

5.3.1 Mr Ian Maye, Deputy Secretary, Department of the Environment advising of managerial changes within both the local and strategic planning divisions (copy previously circulated to each Member).

Noted.

5.3.2 Mrs Fiona McCandless, South Antrim Area Planning Manager advising of the reorganisation of Planning Service and the resulting personnel changes. Magherafelt District Council area would now be managed by the Western Area Planning Office based at County Hall, Omagh and the Area Planning Manager would be Mr Gerry Hogg.

Mr Eamonn Lynch had been appointed Principal Officer and Mr Melvin Bowman would continue as the Senior Planning Officer based in Ballymena.

Noted.

5.4 Submitted letters received from Planning Service Headquarters advising of major planning applications under Article 31 of the Planning (Northern Ireland) Order 1991 at:

(a) 40 Ballyronan Road, Magherafelt (b) Castledawson Road, Magherafelt (c) Thornhill Avenue and Oakvale Manor, Magherafelt.

The contents of the letters were noted.

6 NILGA Presentation

6.1 The Chairperson, Councillor I P Milne welcomed Mr Derek McCallan, NILGA’s Chief Executive to the meeting and invited him to make a presentation to Council.

6.2 Mr McCallen gave a PowerPoint presentation on the achievements and the future for NILGA. He said that NILGA was a representative body for Councils in Northern Ireland and that it promoted the best interest of local authorities and received multi-party support. He outlined NILGA’s objectives, the work of the staff and what NILGA was doing for Magherafelt and other Councils. He gave an overview of the Working Group’s achievements drawing attention in particular to achievements in relation to planning policy, waste, anti-poverty and social inclusion. Mr McCallan said that NILGA was about building strong relationships with Councils, Government Departments and other outside bodies. It was about having effective and innovative communication and engagement with its stakeholders.

Mr McCallan said that the next four years would transform local government and that NILGA would be a partner of equals with local government structures and negotiate with central government on consultations, transfers of functions, modernisation and reform, in partnership as the democratic underpinning of change.

6.3 In conclusion, Mr McCallan thanked the Council representatives on NILGA for their input and referred to recent awards won by the Council in 2010.

6.4 The Chairperson thanked Mr McCallan for his presentation and requested questions from Members.

6.5 Councillor J J McPeake thanked Mr McCallan for his presentation and stating that he had a long term advocate of Councils having a strong lobby group he said that he felt that the local government sector was stronger because of the existence of NILGA. Councillor McPeake noted that, as the NI Assembly had reconvened and was reflecting on the issue of local government reform, it was important that NILGA was contributing to the deliberations. Referring to the need to build the capacity of elected representatives, Councillor McPeake acknowledged the contribution of the National Association of Councillors (NAC) but expressed the view that the NAC’s present contribution fell short of what was required. He asked Mr McCallan what NILGA’s role would be in this area in the future and further enquired whether NILGA would be strengthening its EU Support provision.

6.6 Mr McCallan replied by referring to pilots projects at Belfast City Council and Strabane District Council which were aimed at elected Member development. He explained that these pilots focused on developing both the corporate and constituent based role of councillors. Mr McCallan indicated that it was NILGA’s intention to manage and co-ordinate the training of councillors as opposed to the delivery of the training and noted that the Scottish equivalent of NILGA (the Convention of Scottish Local Authorities (COSLO)) was anxious to work in partnership with NILGA to secure funding to deliver Member training.

6.7 Referring to Councillor McPeake’s reference to the NAC, Mr McCallan acknowledged that there had been an ‘unhealthy tension’ between NILGA and the NAC. He stated that the NAC had agreed to enter into discussions about the future relationship between the two organisations and suggested that it was foreseeable that NILGA could work in partnership with the NAC to deliver the training. Mr McCallan indicated that, if the funding application could be submitted in partnership with COSLO, NILGA could finalise its delivery plan before the end of 2011.

6.8 In response to Councillor McPeake’s query about NILGA’s EU Support service, Mr McCallan stated that it was his intention to recommend that NILGA provide an additional officer in this area.

6.9 There being no further questions, the Chairperson, Councillor I P Milne thanked Mr McCallan for his presentation and Mr McCallan retired from the meeting.

7 Building Control Department 210/5/2011

The Director of Building Control presented the Department’s report for the period 1 March to 31 March 2011 (copy previously circulated to each Member).

7.1 During this period forty applications have been recommended for approval. A total of one hundred and forty-five applications required amending by Architects and Agents before granting approval.

7.2 Applications for Notices and Regularisations

During the period from 1 March to 31 March 2011 there were one Regularisation and three Notices issued.

7.3 Building Regulations Inspections

During the period from 1 February to 28 February 2011 thirty-two applications commenced on site and forty-two applications were found to be complete in accordance with Building Regulations.

The department carried out two hundred and ninety-four inspections during this month.

7.4 Granting of Extension of Time and Cancellation of time lapsed Approvals

During the period from 1 March to 31 March 2011 – one application was cancelled having gone beyond the four years expiry date and not having commenced on site.

MA/2067/0596 – an extension of a dwelling and garage for Brenda Convery, 57 Derrynoid Road, Draperstown.

There were no extensions of time applied for during this period.

7.5 Entertainment Licensing

Annual Re-Licensing Applications

During the period of this report four Entertainment Licensing inspections were carried out.

7.6 Naming and numbering of Streets

During the period from 1 February to 28 February 2011 thirteen new postal numbers and postcodes were issued for private dwellings.

7.7 Property Certificates

There were thirty-eight Property Certificates issued for this period.

7.8 Following discussion it was

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

Resolved: that the report as submitted be adopted.

8 Naming and Numbering of Streets PN 184

8.1 Consideration was given to the naming and numbering of an extension to a development at ‘Cordarragh’, Tobermore Road, Draperstown of twenty- five dwellings for PRH Construction. The names suggested were:

1 Cordarragh Manor 2 Cordarragh Rise 3 Cordarragh Heights

8.1.1 Following discussion it was

Proposed by Councillor B McGuigan Seconded by Councillor Miss K A Lagan, and

Resolved: that the extension to a development at ‘Cordarragh’, Tobermore Road, Draperstown be named ‘Cordarragh Heights’.

8.2 Councillor J Crawford said that whilst he had been canvassing for the recent elections it had been brought to his attention that there were no nameplates for ‘Broagh Village’, Castledawson.

8.2.1 Mr Glendinning advised that street nameplates could only be erected by the Council after the contractor had brought the site up to standard and it had been adopted by Roads Service. To the best of his knowledge this had not taken place.

8.2.2 Councillor P McLean requested that the Council write to the Department of Regional Development Roads Service seeking a response on the situation at ‘Broagh Village’, Castledawson.

8.3 Members also referred to questions raised by residents in estates regarding the A6 dualling – Bellshill Road intersection and to their objections to the planning application and Roads Service’s Notice of Intention to Make a Vesting Order (NIMVO). Representations had been made by the various political parties and the matter had been discussed at a previous Council meeting with Roads Service on 9 November 2010. In the response to outstanding questions from that meeting the local Section Engineer stated that a substantial level of objection could lead to a public inquiry to test the case for and against the scheme.

8.3.1 The Chairperson, Councillor I P Milne asked that Roads Service be contacted regarding this matter so that up-to-date information would be available to Members when they made a presentation to Council on Tuesday, 14 June 2011.

9 Licences and Registrations

9.1 Entertainment Licences

Submitted the following application for an Entertainments Licences which was recommended for renewal:-

E. 46 Liberty’s American Diner, 1 Loves Hill, Castledawson – Mr Eamon M McCusker

9.1.1 It was

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

Resolved: to grant the renewal of Entertainment Licence applications as submitted.

9.2 Petroleum Licences

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

P.12 Henry Brothers (Magherafelt) Ltd, 108-114 Moneymore Road Magherafelt

P.14 Maxol/Vivostra Service Station, I Magherafelt Road, Castledawson – Mr Shaun Kelly

P.35 Cathcart Retail Ltd (Texaco), 36 Castledawson Road, Magherafelt – Mr Ryan Cathcart

9.2.1 It was

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

Resolved: to grant the renewal of the Petroleum Licences as submitted.

9.3 Approved Places for Marriages - Marriage (NI) Order 2003

Submitted place approval applications from the following

1 Ardtara Country House, 8 Gorteade Road, Upperlands BT46 5SA 2 The Inn, 47 Main Street, Castledawson BT45 8AA 3 Walsh’s Hotel, 53 Main Street, Maghera BT46 5AA

to be approved as venues for Civil Marriage Ceremonies.

Mr Glendinning stated that the appropriate documentation and fees had been received and all the premises were considered to be satisfactory.

9.3.1 Following discussion it was

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

Resolved: that Ardtara County House, The Inn, and Walsh’s Hotel be approved as places used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003 for the period of one year.

10 Environmental Health Department 196/5/2011

Mr M Young, Director of Environmental Health submitted the report for the months of March and April 2011 (copy previously circulated to each Member).

10.1 Pollution Prevention and Control (Northern Ireland) Regulations 2003

Mr M. Young advised of updated general guidance manual to process guidance note NIPG 6/34a and recommended that the permit relating to SDC Trailers Ltd be reissued to incorporate the guidance.

10.1.1 After due discussion, it was

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

Resolved: that, a variation notice be issued to SDC Trailers Ltd to implement PPC/08/05(4)

10.2 HSENI and District Council Strategy for Better Regulation of Health and Safety at Work

Following discussion, it was

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

Resolved: that the strategy entitled “Health and Safety at Work: protecting lives, not stopping them” be adopted by Council

10.3 It was

Proposed by Councillor P J Bateson Seconded by Councillor Mrs E A Forde, and

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

11 Operational Services Department 322/5/2011

Submitted report by the Director of Operations for the months of March and April 2011 (copy previously circulated to each Member)

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

11.2 Operational Services : Items for Information

11.2.1 Pitches at Meadowbank

Councillor P McLean raised the issue of the condition of the pitches at Meadowbank Sports Arena (the top pitch and the training area within the running track).

At the present time work was on-going to restore the pitches to usable order following the harsh winter combined with the very dry April weather which had significantly affected growth. Mr Cassells reminded the Council that the current policy was that the training area could be utilised during the months of October to March, that is outwith of the athletics season but that this was under review given the heavy wear that had been caused to the area.

The Director of Operations agreed that communications required improving between the Arena and the frequent users of the pitches.

Following discussion, it was

Proposed by Councillor P McLean Seconded by Councillor Mrs E A Forde, and

Resolved : that the Director of Operations ensure closer liaison with clubs in the future regarding pitch works.

11.2.2 Environmental Youth Speak

Following a short discussion, it was

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

Resolved : that Charlotte Montgomery, Bellaghy Primary School and Leonie McErlain, St Pius X College, Magherafelt, the winners of the District Heat of the 2011 Environmental Youth Speak Competition be invited to attend the June Council Meeting in order to deliver their winning presentations.

11.2.3 Moykeeran Plantation, Draperstown

A number of issues regarding the trim trail at Moykeeran including the on- going issues of damage to the bridges which cross the stream at several locations, and reports of anti-social behaviour were raised by Councillor Miss K A Lagan and other Members.

It was agreed that the Director of Operations would liaise closely with the PSNI in order to provide information which could assist in averting further incidents of antisocial use of the area.

11.2.4 Bus Shelter at Creagh Road

Councillor P J Bateson requested that the Department should revisit the potential of siting a Bus Shelter on Creagh Road now that the landowner had completed works to his property.

11.2.5 Adoption of the Report

Following the presentation of this section of the Directors Report, it was

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

Resolved : that, in addition to the above items, this section of the Director’s Report marked “Items for Information” was noted.

11.3 Technical Services : Items for Decision

11.3.1 Bilingual Street/Road Nameplates: Survey Results

It was

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

Resolved : to approve the erection of bi-lingual street/road nameplates at Meetinghouse Avenue, Maghera.

11.3.2 Bilingual Street/Road Nameplates: Request for Survey

It was

Proposed by Councillor J F Kerr Seconded by Councillor B McGuigan, and

Resolved : to approve the carrying out of a survey of the residents of Granaghan Park, Swatragh with respect to the erection of bilingual road/street nameplates at this location.

11.3.3 Tobermore Academy: Pitch at Tobermore Golf Driving Range

It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor P McLean, and

Resolved : to approve, in principle, the leasing of the pitch and changing rooms at Tobermore Golf Driving Range to Tobermore Football Academy at a rental level to be advised by the District Valuer and with any third party costs (legal and professional) being borne by the Academy.

11.3.4 Pitch and Play Area at Glenone: Approach from Ballymena Borough Council

Following discussion, it was

Proposed by the Councillor J J McPeake Seconded by the Chairperson, Councillor I P Milne, and

Resolved : to defer the matter to a future meeting of Council in order to enable the Director of Operations to explore alternative options.

11.3.5 Magherafelt High School: Synthetic Hockey Pitch

Following discussion, it was

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

Resolved : to decline the approach from Magherafelt High School in respect of funding the erection of floodlights at the school’s proposed hockey pitch.

11.3.6 Council’s Fleet Operators Licence

It was

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

Resolved : to approve the purchase of the equipment (as detailed in the Director’s Report) necessary to carry out the required six weekly tests which will soon be required by VOSA under the Council’s Operators Licence.

Adjournment of Meeting

The Chairperson adjourned the meeting for a comforts break at 9.20 pm.

The meeting reconvened at 9.35 pm.

12 Policy and Development Department

Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for the months of March and April 2011 (copy previously circulated to each Member).

12.1 Community Services

Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor K Lagan, and

Resolved: that Council ratify the approvals and rejections regarding grant awards made by the Party Leaders and Council Chair as follows:

12.1.1 Community Events and Initiatives

Name of Details of Event/P urpose for Recommended Group Grant Award Church Street Pre-12 th of July celebrations of Community culture and traditional music over a £1,500 Association period of 3 days. The group have applied for funding for a fireworks display.

Magherafelt & This will be a 3 day event from District Cage Thursday 8th - Saturday 10th £1,430 Birds Society December 2011.

The Society would like to run a major competitive show in Magherafelt.

The group would like to purchase equipment and hire a venue with the funding they have applied for.

Name of Details of Event/P urpose for Recommended Group Grant Award Maghera A Vintage Rally which will attracting £1,500 Vintage Rally vehicles from Ireland and UK

The funding will be used to purchase equipment.

Magherafelt & The group plan to go to Modern £1,000 District Road Tyres and display the car that the

Safety committee modified with the PSNI. Committee Also 6 young people will be attending who modified the car safely.

This is to educate young people taking part in modification of cars that it can be done safely.

The funding will be used to purchase equipment with the funding along with hiring and marketing of the event.

Ballymoughan The group are going to run a series £1,400 of events which will share different Flute Band community traditions.

The group plan to run fun activities, Celdih Band and produce a cultural slide show. Loughinsholin 5th August Concert in Desertmartin £1,400 Parish Hall & 6th August fun night in Cultural Music Group Desertmartin Parish Hall

The funding will be used for the hire of venue and hire of equipment

Tobermore Pre-12th of July celebrations of £1,500 Village Hall culture and traditional music over a

Development period of 3 days. Association This will include Ulster Scots talking, Highland Dancing and fun days. The event will be promoted to different communities.

The funding requested will be used to hire items from Funland for the fun day.

Name of Details of Event/P urpose for Recommended Group Grant Award Rejected King William A fun day with family entertainment. Rejected 111 Community The funding requested will be used Group to hire in items from Funland for the fun day.

Dunamoney The project will kick off with a fun Rejected Flute Band evening in Magherafelt town centre, running in conjunction with the annual band parade. This will include fancy dress characters, bouncy castles etc.

The funding will be used for children’s fun activities.

PTA of The evening will consist of Rejected Knockloughrim traditional sports day events for Primary School both parents and children of the school. The group intends to have inflatables, assault courses and possibly laser activities.

The funding would be used to hire an inflatables package including the insurance.

12.1.2 Sporting Events

Name of Details of Event/Purpose for Grant Recommended Group Award Magherafelt & Tour of the Sperrins is a long £5,000 established event and is at the District Motor Club Ltd. highest level within northern Irish motor sport.

The event is the fourth round of the Hankook NI rally championship, which attracts entries from mainland UK as well as the republic of Ireland, the local area and further afield.

Funding will be used to produce a high quality video of broadcast quality which will be used to promote and market the event in the future.

12.1.3 Tourism Events

Name of Details of Event/Purpose fo r Grant Recommended Group Award Glasgowbury The Glasgowbury Music Festival is Rejection an integral part of the developing music and creative industries in Northern Ireland, while also highlighting the District and Northern Ireland in a positive manner with substantial knock-on social, economic, tourism, educational and career development opportunities and benefits.

12.2 Following discussion it was-

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

Resolved: that Council agree to award grants to the following groups at the amounts listed and that the applications as indicated are rejected.

12.2.1 Community Festivals Events and Festivals

Name of Details of Event/Purpose for Grant Recommended Group Award

Friends of St Patrick's Glen, Celebrating 30 Saint Patrick's years of serving the community. The £1,110 Glen funding would be used to hire equipment, publicity, hire of sports coaches, refreshments and face painting

Tamlaght Summer Fair and Vintage Rally. The £1,440 O’Crilly Parish funding would be used to purchase and Vintage equipment. Group Magherafelt Magherafelt 80th Anniversary £1,500 Royal British Community Festival of Legion Remembrance. Funding will be used for Venue Hire, Compere, Silver Band Pipe Band, Local Artists and advertising

Mid-Ulster Mid Ulster Truckers Event 2011. £1,400 Truckers Funding will be used for fun day activities Name of Details of Event/Purpose for Grant Recommended Group Award

Rejected Desertmartin Desertmartin Vintage Rally Rejected Parish Church The group would like to purchase equipment.

12.2.2 Sporting Events

Name of Details of Event/Purpose for Grant Recommended Group Award

Rainey Old RAINEY OLD BOYS RFC, All Ireland £4,100 Boys Rugby League Hosting. The funding would Club be used to purchase equipment. Mid Ulster The Sperrin Challenge. The funding £500 Walking Club would be used for transport costs, hire of toilet facilities, and printing and stationery costs. Reason St. Patrick’s To host the Northern Rejected Snooker Club Ireland Individual Snooker Championship. The funding would be used to upgrade equipment.

12.2.3 Tourism Events

Name of Details of Recommended Award Group Event/Purpose for Grant

Carntogher Féile Charn Tóchair £4,848 Community 2011. The funding would Association be used to purchase equipment. The Draperstown busking £5,000 Draperstown festival and community Traders fun day. The funding would be used to purchase equipment.

Name of Details of Recommended Award Group Event/Purpose for Grant

Magherafelt Hosting a visiting Spanish £5,000 Chamber of People Castles team. The Commerce team is made up of 120 people who will be staying in the district for 3 nights and putting on a display in the Centre of Magherafelt on Saturday 11th June 2011. The grant will be used to market and promote the event throughout NI & ROI. The grant will also be used to hire equipment.

12.3 Sperrins Tourism

Following discussion it was-

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

Resolved: that £3,000 of funding is committed in 2012/13 towards the Marketing and Walking Projects being promoted by Sperrins Tourism Ltd and funding from SWARD.

12.4 Christmas festivities

Following discussion it was

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

Resolved: that – • The Christmas market is held on the 26 November and 10 December 2011 in the Market Yard Magherafelt. • The Christmas Lights Switch On is held on the 26 November 2011 in Magherafelt. • The allocation of £19,897.25 to match fund the SWARD application is approved.

12.5 Economic Development

12.5.1 Be International Programme

Following discussion it was

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

Resolved: that Council ratify the approval from the Party Leaders and Chair to award the contract for the Be International Programme to Lestas Consulting at a cost of £84,975.

12.5.2 Business Awards

Following discussion it was

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

Resolved: that Council appoint an event management company to organise and deliver a Business Awards Ceremony in June 2012 and that the Council contribute £5,000 towards the event.

12.5.3 Magherafelt Town Centre Masterplan

Following discussion it was

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

Resolved: that Council fund the development of the Public Realm Strategy and Economic Appraisal at a cost of £20,000 - £25,000.

12.6 PEACE III

Following discussion it was

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

Resolved: that £14,000 per year of funding be provided up to the end of June 2014 towards the Management and Administration cost of Phase II of the PEACE III programme.

12.7 Human Towers

Following discussion it was

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

Resolved: that Council provide whatever assistance is required to the Magherafelt Chamber of Commerce to deliver the Human Towers Event.

12.8 Following discussion it was-

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

Resolved: that the report for the Policy and Development Department is approved.

13 Magherafelt District Advice Services Ltd

Submitted an overall report for the period 1 April 2010 to 31 March 2011 (copy previously circulated to each Member).

13.1 The Chief Executive advised the Members that Magherafelt District Advice Services Ltd (MDAS) had submitted a summary of its activity for the year ended 31 March 2011 for the Council’s consideration. He indicated that MDAS had exceeded all its DSD targets and noted the significant number of clients from the Cookstown District and other areas outside of the Magherafelt District that had received a service from MDAS. He said that it was his opinion that the Council might wish to congratulate the staff on such a good performance.

13.2 Members agreed and said that the Council should acknowledge the work carried out by MDAS staff by writing a letter congratulating them on their efforts and for providing a needy and worthwhile service to the community.

13.3 Councillor J F Kerr suggested the Council should have some publicity regarding the achievements of MDAS and showcase its work.

14. Lough Neagh Safety and Navigation Working Group

14.1 Submitted copies of correspondence sent to the Minister for Culture, Arts and Leisure from Lough Neagh Safety and Navigation Working Group and Lough Neagh Rescue regarding the damage caused to the marker system on Lough Neagh as a result of ice damage.

The Group sought the Council’s support to lobby DCAL to take immediate action to alleviate any potential for a fatal accident (previously circulated to each Member).

14.2 Members noted the comments made and agreed to support the Group and Lough Neagh Rescue in lobbying the Minister and DCAL to have the marker system on the Lough restored.

15. Drumbally Hill Area of Special Scientific Interest

Submitted letter confirming that the Department of the Environment had confirmed the declaration of Drumbally Hill as an Area of Special Scientific Interest (ASSI) (details previously circulated to Members).

Noted.

16 Payment of Accounts 05/2011

16.1 Submitted Statement of Expenditure setting out payments to be made during the month of May 2011 (copy circulated to each Member). The statement made provision for £1,089,051.09 out of the Revenue Account and £550,903.54 out of the Capital Account.

16.2 The Statement of Expenditure for April 2011 was also submitted for retrospective ratification as a consequence of the absence of a Council meeting in April - £1,261,378.40 out of the Revenue Account and £684,039.55 out of the Capital Account (copy circulated to each Member).

16.3 It was

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

Resolved : to approve the Statement of Accounts as submitted for both April and May 2011.

16.4 Bank Mandates

Consideration was given to the change in signatories on the Chairperson’s and Vice-Chairperson’s Accounts:

16.4.1 Chairperson’s Account:

It was

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

Resolved: to approve the change in signatories to the Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Chairperson, Councillor I P Milne with immediate effect.

16.4.2 Vice-Chairperson’s Account:

It was

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

Resolved: to approve the change in signatories to the Vice- Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Vice-Chairperson, Councillor G C Shiels with immediate effect.

17 Financial Contributions 56/5/2011

Submitted the following letters of application for financial assistance from:

17.1 Children with Leukaemia

Submitted letter from Robert Powell requesting financial assistance to help with another stage of MRD testing in children with leukaemia at London’s Great Ormond Street Hospital (copy previously circulated to each Member).

17.1.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor Miss C Scullion, and

Resolved: that the Council make a donation £200 to the Children with Leukaemia charity for use in developing this important work.

17.2 Maghera Day Centre – Special Pool World Championships

Submitted letter from James Burnside, Day Care Worker at Maghera Day Centre requesting a financial contribution towards four clients from the Day Centre who represented Northern Ireland in the Special Pool World Championships in Bridlington, England from 26 April to 32 April 2011 (copy previously circulated to each Member).

17.2.1 Following discussion it was

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

Resolved: that the Council makes a financial contribution of £200 to Northern Ireland Special Pool for expenses incurred by four individuals from Maghera Day Centre in participating in the Special Pool World Championships.

17.3 Out and About Community Transport

17.3.1 Submitted letter from Mr S Davey, Chairperson of Out & About Community Transport, stating that the individual membership to the scheme had increased by 179 in the last twelve months and now there was 685 active individuals members in the Magherafelt District Council area. The organisation had carried out 16,398 individual passenger trips and 206 local group members relied on their vehicles to support their group activities.

17.3.2 The letter further intimated that the budget for community transport had been reduced for the incoming year and, as a result, Out and About Community Transport were asking the Council to support their Voluntary Car Scheme which was a core service to the community and without which members would become isolated and vulnerable (copy previously circulated to each Member).

17.3.3 The Chief Executive advised the Members that if they wished to make a contribution to Out and About Community Transport they would have to do so under the authority of Section 115 of the Local Government Act (NI) 1972. This would involve the Members specifically considering whether:

(1) The expenditure would bring direct benefit to the Council, or its District or the inhabitants of its District or any part of its District, and (2) Under Section 115 (3) (b) the direct benefit accruing to its District or to the inhabitants of its District or any part of its District would be commensurate with the payments to be made and also that the total payments made by the Council under Section 115 (2) in one financial year would not exceed the amount allowable under that Section.

17.3.4 Following discussion it was

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

Resolved: that the Council, having considered that:

would approve that £10,000 be allocated to Out and About Community Transport under Section 115 of the Local Government Act (NI) 1972 in the financial year 2011/2012.

17.4 Emergency Medical Care

Submitted letter from the Co-ordinator of Emergency Medical Care seeking a contribution for its ambulance fund and wheelchair loan service (copy previously circulated to each Member).

17.4.1 Following discussion it was

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

Resolved: that the Council makes a contribution of £1,000 to Emergency Medical Care.

17.5 Robert Watt

Submitted letter from Robert Watt seeking a contribution towards his costs of participation in the world championship solo piping competition at the Lorient festival in Brittany later in 2011 (copy previously circulated to each Member). He further intimated that the Council, if it agreed to make a contribution, should forward any payment to Tamlaght O’Crilly Pipe Band of which he was a member.

17.5.1 Following discussion it was

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

Resolved: that the Council make a donation of £200 to be forwarded to Tamlaght O’Crilly Pipe Band.

17.6 National Society for the Prevention of Cruelty to Children – (NSPCC) Northern Ireland

Submitted letter from the Community Fundraising Manager requesting the Council to consider making a donation to help continue its work in Northern Ireland (copy previously circulated to each Member).

17.6.1 Following discussion it was

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

Resolved: that the Council makes a donation of £200 to the NSPCC Northern Ireland.

17.7 Multiple Sclerosis Trust

Submitted letter from the MS Trust Chief Executive seeking donations to provide resources, education opportunities and support networks to ensure MS nurses have all they require to manage the needs of their patients and support for MS nurses whose posts are under threat (copy previously circulated to each Member).

17.7.1 Following discussion it was

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

Resolved: that the Council makes a donation of £200 to the Multiple Sclerosis Trust.

17.8 County Londonderry Football Association

Submitted letter from the Secretary of County Londonderry FA seeking financial assistance with the management and running costs of its Premier and Junior football teams to compete in the 2011 Northern Ireland International Milk Cup Football Tournament (copy previously circulated to each Member).

17.8.1 Following discussion it was

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

Resolved: that the Council makes a donation of £200.

17.9 The Riada Rockets

Submitted letter from Mrs Lisa McGill, Maghera advising that her daughter Erikka was a member of a cheerleading squad called The Riada Rockets which had recently won the Northern Ireland Championships. As a result the team had been invited by the president of the UK Cheerleading Association (UKCA) to represent TEAM UK at the European championships in Slovenia in July. Mrs McGill hoped that the Council could assist the girls financially to compete at European level (copy previously circulated to each Member).

17.9.1 Following discussion it was

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

Resolved: that the Council make a contribution of £200 towards the costs incurred by those members of The Riada Rockets from the Magherafelt District in their participation in the European Championships.

17.10 Shopmobility

The Chief Executive advised Members that a decision had been taken at the last Party Group Leaders’ Meeting of the previous Council to financially assist Shopmobility who were urgently requiring more funds. The Party Group Leaders had determined that the request for financial support could only be supported under the authority of Section 115 of the Local Government Act (NI) 1972. In considering the request the Party Group Leaders specifically considered whether:

On consideration of these matters the party Group Leaders had concluded that the request should be supported and that the Council should make a contribution of £10,000 from their 2010/11 budget.

The Chief Executive explained that it was necessary for the Council to consider ratification of the Party Group Leaders’ decision.

17.10.1 Following discussion it was

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

Resolved: that the Council, having considered that:

(1) The expenditure would bring direct benefit to the Council, or its District or the inhabitants of its District or any part of its District, and

(2) Under Section 115 (3) (b) the direct benefit accruing to its District or to the inhabitants of its District or any part of its District would be commensurate with the payments to be made and also that the total payments made by the Council under Section 115 (2) in one financial year would not exceed the amount allowable under that Section

would ratify the Party Group Leaders’ decision and approve that £3,000 be allocated to Shopmobility under Section 115 of the Local Government Act (NI) 1972 from its resources in the financial year 2010/2011.

17.11 Barnardo’s

Referring to previous discussions about the Barnado’s SK Club, Members enquired what the financial position was with Barnardo’s and if the proposed summer scheme was progressing.

Several Members stated what whilst the Council had previously decided to make a contribution in addition to a contribution from the Chairperson and Vice-Chairperson to assist costs, some parents of the children concerned were of the opinion that the free use of leisure centre facilities was desirable.

Councillor Mrs E A Forde said that she unsure as to what was the way forward and suggested that the Members would need some time to consider the parents’ proposals.

17.12 Following some discussion on the potential to revisit the Council’s existing policy for the provision of financial assistance to bodies such as local charities and the desirability of clearly understood criteria for award of support, it was agreed that the matter be deferred for further debate by the Party Group Leaders in advance of later consideration by the Council.

18 Conferences and Courses

Consideration was given to the nomination of delegates to attend:

18.1 DARD Rural White Paper Action Plan Consultation It was noted that some of the meetings dates had past and the remaining one was much too soon for Members to register (details previously circulated to each Member).

Noted.

18.2 Ulster GAA Good Relations Forum To be held on 24 May 2011 in St Patrick’s GAA, Torrent Centre, Donaghmore, Co Tyrone (details previously circulated to each Member).

After discussion it was agreed that the Council’s Good Relations Officer, Mr Sean Henry should attend and to leave nominations “open” for any Member who wished to attend.

18.3 Community Relations Conference Entitled ‘Recycling the Books: the economic case for sharing’ to be held in Stormont Hotel, Belfast on 26 May 2011 (details previously circulated to each Member).

After discussion it was agreed that the Council’s Good Relations Officer, Mr Sean Henry should attend.

18.4 Planning Policy Update Organised by the Royal Town Planning Institute (Irish Branch – Northern Section) to be held in the Planning Appeals Commission on Wednesday, 1 June 2011 (details previously circulated to each Member).

Following discussion it was agreed to leave nominations “open”.

Councillors P J Bateson, Miss K A Lagan and G C Shiels indicated that they wished to attend.

18.5 Revised Regional Transportation Strategy Consultation Event to be held in the Glenavon House Hotel, Cookstown on Wednesday, 15 June 2011.

Members agreed to leave nominations “open”.

19 Consultation Documents

Submitted the following consultation documents:

19.1 Letter and initial draft guidance notes for Councils and applicants in relation to Road Closures for Special Events under the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 and seeking comments by 13 May 2011.

19.2 Letter inviting the Council to contribute to the Northern Ireland Criminal Records Regime Review by Access Northern Ireland and seeking separate written comments until the 31 May 2011.

19.3 Public Consultation on Retention and Destruction of Fingerprints and DNA in Northern Ireland issued by the Department of Justice seeking comments by 7 June 2011.

19.4 Consultation on a New Recycling Policy proposed by the Department of the Environment seeking comments by 10 June 2011.

19.5 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.

20 Roads Service

Consideration was given to the following –

20.1 Submitted letter from the Divisional Roads Manager confirming that Roads Service had advanced its plans to reorganise a number of Section Offices into new combined Sections and this would involve the combining of Magherafelt and Cookstown Section Offices with all contact being via the office in Molesworth Street, Cookstown from 4 April 2011. Any calls made to the Section Office, Station Road, Magherafelt, for a time, would however be diverted to the Cookstown new number (028 9675 7600), (copy previously circulated to each Member).

Noted.

20.2 Submitted letter from Roads Service, Traffic Management Section proposing to introduce a cycle route at Ringsend, Swatragh (copy of letter and map previously circulated to each Member).

Noted.

20.3 Submitted letter from Roads Service, Traffic Management Section proposing to provide bus stops at Magherafelt Road, Draperstown in an effort to regulate parking and improve road safety especially for the pupils around St Colm’s High School (copy of letter and map previously circulated to each Member).

Noted.

20.4 Submitted letter, a copy of a Proposed Abandonment Order, Map and Notice of Intention from the Roads Service Land Officer for the abandonment of lands at 52A Disert Road, Draperstown. The letter further intimated that any objections to the proposal should be lodged in the Omagh office before 25 May 2011 (copy of documentation previously circulated to each Member).

Members noted the documentation. There were no objections.

20.5 Off-Street Parking Charges

20.5 .1 Submitted letter from the Divisional Roads Manager in connection with the Review of Off-Street Parking Charges and setting out tariffs for car- parks in the Council Area and advising of the possible introduction of charges in car parks which were currently free and setting out a number of key considerations (copy previously circulated to each Member).

20.5.2 Submitted further letters –

• Letter sent to Liam Cunningham from Magherafelt Town Centre Forum on the issue of car-parking charges • Letter from the Divisional Roads Manager on the review of Off- Street Parking Charges

20.5.3 On consideration Members decided to note in the meantime the correspondence as it remained unclear whether the new Minister for the Department of Rural Development was in favour of the introduction of charges.

21 Magherafelt District Council’s Audit Committee

21.1 Submitted Minutes of Meeting of Magherafelt District Council’s Audit Committee held on Tuesday, 11 January 2011 (copy previously circulated to each)

21.1.1 The Chief Executive advised that the Minutes had been adopted by the Audit Committee at its meeting held on 25 March 2011.

Noted.

21.2 The Chief Executive advised the Members that, apart from the issue of the letter to the Local Government Auditor as referred to in the Minutes, there were no matters arising.

22 Resolution to Proceed “In Committee”

It was

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

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

23 Staff Matters

This item was taken “In Committee”.

24 Legal Matters

This item was taken “In Committee”.

25 Resolution to Proceed in “Open Council”

It was

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

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

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

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

26 Sealing of Documents

The seal of the Council is hereby affixed to the following documents:

26.1 Grant of Right of Burial to Mr Bert Finlay of 336 Hillhead Road, Knockloughrim – Plots A118 and A119, father of Samuel Glenn Finlay (deceased).

26.2 Grant of Right of Burial to Miss Laura Fay Dale of 72 Piney Hill, Magherafelt – Plot A121, daughter of Stephen William Dale (deceased).

27 For the Information of Members

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

(a) Copy of Report of Director – Northern Group Environmental Health Committee –March 2011 (b) Copy of The Department of Regional Development’s consultation ‘Belfast on the Move’ – Transport Masterplan for Belfast City Centre (c) Copy of the Department of the Environment’s Synopsis of Responses’ on proposals for the Future of Bus Operator Licensing in Northern Ireland. (d) Copy of the Charity Commission for Northern Ireland’s Corporate Plan 2011-2014.

The meeting concluded at 10.55pm

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)