MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 13 November 2012. The meeting commenced at 7.30 pm.

Presiding: P McLean

Other Members Present: Mrs C Elattar P J Bateson (joined the meeting at 7.32 pm) J Campbell (joined the meeting at 7.32 pm) T J Catherwood J Crawford Mrs E A Forde J F Kerr (joined the meeting at 7.32 pm) Miss K A Lagan Mrs K A McEldowney B McGuigan (joined the meeting at 7.32 pm) J J McPeake (joined the meeting at 7.32 pm) I P Milne (joined the meeting at 7.32 pm) Ms D Nί Shiadhail Miss C M Scullion G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) M Young (Director of Environmental Health) 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

1 Apologies

There were no apologies.

Councillors P J Bateson, J Campbell, J F Kerr, B McGuigan, J J McPeake and I P Milne joined the meeting at 7.32 pm.

2 Minutes

2.1 It was

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

Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 9 October 2012 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no items as such arising out of the Minutes

3.2 Congratulations The Chairperson, Councillor P McLean congratulated Mr and Mrs Ryan Porter on the birth of their baby daughter. Mrs Laura Porter is employed in the Council’s Policy and Development Department.

3.2.1 Members agreed that a message of congratulations from the Council be sent to Mr and Mrs Porter.

4 Declarations of Interest

There were no declarations of Interest.

5 Planning 185/11/2012

5.1 New Planning Applications:

H/2007/0954/F – Kilcronaghan Community Association Following discussion it was agreed that the decision to approve be deferred for one month in order to give the objectors time to submit some further information as to why the application should not be approved.

In reply to questions by Members, the Planning Officer explained that this application was not an Article 31 application and was subject to consideration by the Department as opposed to by Planning Service Headquarters. He also advised that the objectors had previously made representations to the Minister who had subsequently not objected to the application being approved.

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Councillor Miss K A Lagan noted that a number of Ministers had knowledge of the application, including the Deputy First Minister.

The Planning Officer advised that there three-hundred and ninety-five letters and one petition objecting to this application.

Deferred for one month. It was also agreed that, in the event of the additional information being insufficient to change Planning Service’s recommendation, the approval should be issued without the application being brought before Council again.

H/2010/0009/F – SWS Energy (Crockandun Windfarm) Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were three letters of objection to this application.

H/2012/0006/F – Brian Morris Construction Ltd Refusal. The Planning Officer advised that the applicant’s agent had requested that the refusal be issued. The Council agreed that the Planning decision be issued.

H/2012/0014/F – Alan & Jill Overend Approval. The Council agreed to the issue of the approval. The Planning Officer advised that following the submission of amended plans there had been a change of opinion to approve.

H/2012/0081/O – Mr W J McErlean Deferred for one month to allow for the submission of a flood risk assessment. Councillor I P Milne stated that, although there was no need for an office meeting at this point in time, if a meeting was subsequently required then the application should be brought back to Council for consideration.

H/2012/0186/O – Mr A Gallagher Deferred for an office meeting on the request of Councillor B McGuigan. Councillor McGuigan handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0195/O – Mr & Mrs Glenn Campbell Deferred. The Planning Officer advised that this application had been withdrawn from the schedule this month by the Department.

Noted.

H/2012/0212/F – Mr Brian McLean Approval. The Council agreed to the issue of the approval. The Planning Officer advised that the original schedule had incorrectly noted the application as being recommended for refusal as opposed to approval.

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H/2012/0222/F – Mr M McGuckin Approval. The Council agreed to the issue of the approval.

H/2012/0235/F – Kevin Convery Deferred for an office meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0237/O – Mr John Lennox Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were three letters of objection to this application.

H/2012/0258/O – Mr Michael Bradley Deferred for an office meeting on the request of Councillor Mrs K A McEldowney. Councillor Mrs McEldowney handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0271/F – Mr & Mrs Quinn Councillor J F Kerr requested that this application be deferred for one month for further clarification.

Agreed.

H/2012/0280/F – Bullrush Horticulture Ltd Approval. The Council agreed to the issue of the approval.

H/2012/0292/O – Mr J Donnelly Deferred for an office meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0298/O – Mr Neil McKee Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0300/O – Mr D Arrell Deferred for an office meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0305/F – Mr Sam Hutchinson The Planning Officer advised that amended plans had been received which addressed Planning Service’s concerns. He asked the Council to agree to a change of opinion to Approval. The Council agreed to the issue of the approval.

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H/2012/0327/O – Mrs Mary McKee Deferred for an office meeting on the request of Councillor B McGuigan. Councillor McGuigan handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0332/O – Mr Seamus Duggan Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0353/F – Carntogher Community Group Approval. The Council agreed to the issue of the approval.

5.1.1 Applications Deferred from Previous Meeting:

H/2007/1015/F – Drumderg Developments Ltd Refusal. The Council agreed to the issue of the planning decision.

H/2009/0116/F – Mr & Mrs Allen Deferred for two weeks. Councillor Mrs E A Forde said that she had spoken to the applicant and had been advised that the applicant was sorting out any problems.

The Planning Officer said that planning officers had made numerous attempts to resolve issues but nothing had happened. He said that this was a very important sight and needed a good quality design.

The Chairperson, Councillor P McLean requested two weeks for the architect to respond and if there was no progress the refusal decision should be issued.

Members agreed.

H/2010/0356 – Mr Patrick McDaid Refusal. Councillor B McGuigan queried why this application was refused because if it was permitted it would harm the visual amenity of the countryside as it lies in an Area of Outstanding Natural Beauty. He contrasted this application with the an application for wind turbines at Crockandum with hub heights of 80 metres where it had been deemed to have had no impact on the community. In his opinion it was the same visual impact in the same type of area and he could not understand the difference.

The Planning Officer said that the two applications had been subject to different Policy assessments with Planning Service Headquarters having been involved in the consideration of the Crockandum application. The application under consideration was very different in Policy terms from an application for wind turbines.

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He suggested that the permanency of the respective applications might have been a factor in the differentiation from a Policy perspective.

Councillor J F Kerr said that he had never heard the term “permanency of an application” before in relation to buildings or structures and requested that the Planning Officer provide him with some additional information in relation to this point.

The Planning Officer explained that a wind turbine had a certain life expectancy. It was a mobile piece of machinery which could be recycled.

H/2011/0191/F – Hugh Savage Approval. The Council agreed to the issue of the approval.

H/2011/0216/F – Mr S Moore Refusal. The Planning Officer advised that this application could become a matter for enforcement. Councillor I P Milne requested that the applicant be given two further weeks to reply to Planning Service before the decision would be issued.

Agreed.

H/2011/0220/F – Mr L Bradley Deferred for 2 weeks at the Members’ request to allow the agent an opportunity to reply. If agent does not respond within the two week period the decision to refuse should be issued. The Planning Officer advised that there were two objections to this application.

Councillor I P Milne noted an apparent link between the application and H/2011/0216/F and enquired if this was “the end of the road” for these applications as the site had been sold off by the developer to the applicants. He asked what rights the applicants had and was there were any other avenues open to them.

The Planning Officer pointed out that the applications had been delayed for a significant time because of the unauthorised building on a flood plain. It was regrettable for the applicants particularly as the agent had not responded.

H/2011/0296/F – Mr K Kelly Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were three objections to this application.

H/2011/0353/O – M Kelly Refusal. The Council agreed to issue the decision. The Planning Officer advised that there were nine letters of objection to this application.

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H/2011/0374/O – Mr Shane Convery Refusal. The Council agreed to issue the decision.

H/2011/0552/F – Mr Patrick Toner Approval. The Council agreed to the issue of the approval.

H/2011/0561/O – Mr H Bradley Approval. The Council agreed to the issue of the approval.

H/2011/0565/O – Ms Michelle McAllister Refusal. The Council agreed to issue the decision.

H/2011/0570/F – Mr P J McGoldrick Refusal.

Councillor I P Milne stated that an amended scheme had been submitted to Planning Service earlier in the day and asked that Planning Service did not proceed with the issue of the opinion until the amended scheme had been assessed.

The Planning Officer agreed.

H/2012/0019/O – Mr Brendan Scullion Approval. The Council agreed to the issue of the approval.

H/2012/0065/O – Mrs Theresa Convery Approval. The Council agreed to the issue of the approval.

H/2012/0086/F – Mr & Mrs R McFerran Approval. The Council agreed to the issue of the approval.

H/2012/0159/O – Mrs Julie Noonan Councillor B McGuigan requested that this application be deferred for one month to allow for additional information to be submitted.

The Planning Officer agreed to the application being deferred for two weeks but advised that if the information was not submitted within the agreed time period the decision to refuse would be issued.

H/2012/0166/F – Mr Hugh McKenna Approval The Council agreed to the issue of the approval.

H/2012/0231/F – Galgorm Developments Ltd The Planning Officer advised that this application had been withdrawn.

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5.1.2 It was

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

Resolved: to adopt the Planning Schedule dated 13 November 2012 subject to the above conditions and amendments.

5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 September to 30 September 2012 (copy previously circulated to each Member).

Noted.

5.3 Submitted letter from the Strategic Planning Division advising that the Department had received amended plans/additional information/an amended proposal for the development at 40 Ballyronan Road, Magherafelt and requesting that if the Council had any relevant comments these should be submitted by 19 November 2012 (copy previously circulated to each Member).

The contents of the letter were noted.

The Planning Officer retired from the meeting at 8.15 pm.

6 Building Control Department 210/11/2012

The Chief Executive in the absence of the Director of Building Control presented the Department’s report for the period 1 October to 31 October 2012 (copy previously circulated to each Member)..

6.1 During the period twenty-nine applications had been recommended for approval.

A total of fifty applications required amending by Architects and Agents before granting approval.

6.2 Applications for Notices and Regularisations

During the period from 1 October to 30 October 2012 there were no Regularisations and one Notice was issued.

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6.3 Building Regulations Inspections

During the period from 1 September 2012 to 30 September 2012 twenty-nine applications commenced on site and forty-six applications were found to be complete in accordance with Building Regulations.

The department carried out two hundred and sixty-eight inspections this month.

6.4 Granting of Extension of Time and Cancellation of time lapsed approvals

During the period from 1 October to 31 October 2012 one application was cancelled having gone beyond the 4 year expiry date and not having commenced on site:

MA/2090/0007 – Anne Evans, 19 Bridge Street, Castledawson – alterations to a dwelling.

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

6.5 Petroleum Legislation

Annual Re-Licensing Applications

During the period of this report one re-licensing inspections were carried out.

6.6 Entertainment Licensing

It was reported that during the period of this report four Entertainment Licensing inspections were carried out.

6.7 Property Certificates

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

6.8 Amendments to Building Regulations (NI) 2012

The Chief Executive advised that Amendments to Building Regulations (NI) 2012 came into effect on 31 October 2012. The principle changes from the 2000 Regulations were as follows –

A An exemption for a porch extension is now restricted to not more than 5m². B A Building Notice is restricted to dwelling extensions of not more than 10m² or a roof space conversion of not more than 3m². C The Radon affected areas have been revised.

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D Sound insulation standards between dwellings and certain rooms extended with possible sound testing required. E Mechanical ventilations systems to be tested and commissioned and the owner/occupies informed regarding operation and Maintenance. F Carbon monoxide alarm required where a combustion applicance is installed or replaced. G To reduce the risk of scalding the developed hot water temperature is not to be excessive and the water delivered to a bath not to exceed 48C. H Measures to reduce the energy usage of buildings for heating, cooling and ventilation.

6.9 It was

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

Resolved: that the report as submitted be adopted.

7 Licences and Registrations

7.1 Licensing Northern Ireland Order 1996 Notice for Application for an Occasional Licence

Submitted the following Notice of Application for an Occasional Licence under the Licensing Northern Ireland Order 1996 for information:-

Mr Mark Stewart, The Coach Man, Magherafelt – Occasional Licence for Christmas Market on behalf of Magherafelt District Council from 30 November to 2 December 2012

Noted.

7.2 Application for final grant of a Licence in which the only or principal business is the sale of intoxicating liquor by retail for consumption off the premises

L & M Developments (NI) Ltd, 34 Clady Road, Portglenone.

Noted.

8 Environmental Health Department 196/11/2012

Mr M. Young, Director of Environmental Health submitted the report for the month of October 2012 (copy previously circulated to each Member).

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8.1 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983

In accordance with the above legislation a total of fifteen persons had applied to have their premises retained in the register of persons entitled to sell poisons:

8.1.1 It was

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

Resolved: that the following premises are retained in the register of poisons

Joseph Drennan, 41 Main Street, Tobermore J C Stewart, 1 Union Road, Magherafelt Animal Health Shop, 49 St Patricks Street. Draperstown R Crawford & Co, 18 Main Street, Maghera Dunnes Stores, Meadowlane Shopping Centre, Magherafelt Noones, 92 Main Street, Maghera Mid-Ulster Garden Centre, 35 Station Road, Maghera Graham & Son Ltd, 17-19 Main Street, Bellaghy NCCE Ltd, 29a Garvagh Road, Swatragh A Scott & Sons Ltd, 2-4 Main Street, Maghera Swatragh Mace, 17 Moneysharvin Road, Swatragh Toners Supermarkets, 24-28 High Street Draperstown Toners Supermarkets, The Diamond Centre, Magherafelt Toners Supermarkets, 21-23 Main street Castledawson Toners Supermarkets, 18 Coleraine Road Maghera

8.2 Warm Packs

Mr Young reported that the Public Health Agency (PHA) had advised that they were making £7,000 available to Magherafelt District Council for the purchase of “warm packs”.

Mr Young also referred to eligibility criteria put forward by PHA for those receiving packs and that PHA wished as far as possible regional consistency in criteria (copy circulated to each Member).

Councillor J F Kerr said he thought that some of the criteria may be over onerous in that a short term health condition may be as significant as a long term condition.

Members welcomed the funding from PHA and discussed distribution methods. Mr Young requested that Members inform him of preferred distribution methods as soon as possible

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8.2.1 It was

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

Resolved: that the funding from PHA for the purchase of warm packs be accepted.

8.3 Clean Neighbourhoods and Environment Act (NI) 2011

8.3.1 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: that an abatement notice under the Clean Neighbourhoods and Environment Act (NI) 2011 be served in respect of property at 7 Brackaghlislea Road Draperstown.

8.3.2 It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor Mrs E A Forde, and

Resolved: that an abatement notice under the Clean Neighbourhoods and Environment Act (NI.) 2011 be served in respect of property at 22 Sandy Braes, Magherafelt.

8.3.3 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor Ms D Nί Shaidhail, and

Resolved: that an abatement notice under the Clean Neighbourhoods and Environment Act (NI) 2011 be served in respect of property at 2 Cedar Avenue, Magherafelt.

8.4 It was

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

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

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8.5 Councillor I P Milne enquired regarding the service of notices and applicability to vacant premises.

In reply, Mr Young explained that the notices which had been approved related to tenanted properties and were often at the request of a landlord as they may attract grant aid to undertake necessary works.

9 Payment of Accounts 11/2012

9.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £771,153.37 out of the Revenue Account and £280,082.01 out of the Capital Account.

9.2 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.

10 Conferences and Courses

Consideration was given to nominating delegates to attend

10.1 Agriculture and Food Seminar – Leading the Way to Economic Recovery to be held in the Dunadry Hotel, Co Antrim on Tuesday, 4 December 2012 (details previously circulated to each Member).

10.1.1 It was agreed not to nominate.

10.2 Planning Conference – a pre-cursor to the programme of learning events that will facilitate the development of capacity between now and when the new Councils assume powers for planning – to be held at two venues –

12 December 2012 – The Glenavon Hotel, Cookstown 10 January 2013 – The Island Civic Centre, Lisburn

(details of the event circulated to each Member).

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

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11 Consultation Documents

Submitted the following consultation documents –

11.1 Consultation document launched by The Department of Enterprise, Trade and Investment on further proposed changes to the Northern Ireland Renewables Obligation (NIRO) and Supplementary Consultation on Large Scale Solar PV and Biomass Sustainability seeking responses as follows -

• Support for large-scale solar PV by 4 December 2012 • Biomass Part A – Proposals to enhance biomass sustainability by 15 January 2013 • Biomass Part B – Support for biomass to ensure value for money and affordability and proposed grace period for CHP projects by 4 December 2012.

11.1.1 Greenvale Leisure Centre: Biomass Installation

The Chief Executive brought to the attention of Members his concerns regarding the recently announced outcome of the Renewable Heat Incentive from DETI (Department of Enterprise, Trade and Industry)

He reported that the Council had installed at Greenvale Leisure Centre a biomass heat installation which when fully commissioned would have a total combined power output of 1.6 MW. The installation included two 800kW biomass boilers along with an underground fuel storage bunker for the woodchip. A crucial part of the decision to install these two 800 kW boilers was the fact that the Department’s consultation document suggested an RHI tariff of 1.3 pence per kWhr with no upper output limit applicable.

Two years ago an economic appraisal was carried out which suggested that the cost of wood chip along with the receipt of the RHI (as contained in the DETI consultation document) was more financially advantageous than using oil fired heating. At that point in time the Council had no other basis to work other than the consultation document.

Following the outcome of the recent consultation on the Northern Ireland RHI, the Chief Executive was concerned to learn that the Biomass RHI tariff would be 1.5 pence per kWhr ‘capped’ at a total of 1 MW(1,000 kW) of installed power. The outcome of the consultation also made it very clear that a combined output of two or more boilers which exceeded 1 MW would attract no RHI for any part of the installation. This decision has left the Council initially only confident of receiving the RHI tariff on one of the 800 kW boilers which have been installed.

As a consequence only one boiler had been commissioned, with the second boiler completed in situ, but not commissioned.

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The entire installation had cost almost £1m, but because of the limit on output, following consultation, this installation is now only economic to work at 50% of its capacity; that is, one boiler.

The Chief Executive said that despite best endeavours to engage in providing renewable heat for the Greenvale Leisure Centre, at considerable capital investment, the full potential of that investment will not be realised. This seemed to a ridiculous situation in that the largest savings in non-renewable fuels would be achieved with when substitution of non-renewable fuels by renewable fuels was carried out in facilities with the largest fuel usage. He did not see the logic in limiting the output to 1,000 kW (1 MW).

The Chief Executive advised that a Supplementary Consultation on amendments to the Northern Ireland Renewable Obligation arrangements was issued in October 2012, which introduced the concept of a ‘Grace Period’ for Biomass installation over 1MW of power ,but he was disappointed to note that this appeared to apply only to ‘Combined Heat and Power Stations’.

Councillor J J McPeake urged the Council to write to the Minister to review the current RHI tariff levels to include installations such as that which the Council had embarked upon.

Accordingly, it was

Proposed by Councillor J J McPeake Seconded by CouncillorP J Bateson, and

Resolved : that the Chief Executive writes to the Minister for Trade and Industry, Arlene Foster, MLA in relation to the consultation response on the Renewable Heat Incentive and make her aware of the Council’s issues in this matter.

11.2 Letter on consultation being carried by NILGOSC on the draft statement of its Vision, Mission, Strategic Aims and Objectives seeking a response by 11 January 2013.

11.3 Consultation issued by the Department of the Environment on proposals for amending Permitted Development and Agricultural Buildings seeking comments by 18 January 2013.

11.4 Consultation paper on reviewing “Support for Repair & Improvement in the Private Housing Sector” undertaken by the Department for Social Development seeking comments by 31 January 2013.

11.5 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.

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12 Notice of Motion

12.1 In accordance with his Notice of Motion, Councillor Mrs K A McEldowney proposed:

“That this Council

• Rejects the welfare cuts agenda and austerity policies being pursued at Westminster which are targeted at the most vulnerable and disadvantaged in our society and which will create significant hardship and difficulties for many individuals and families living in already socially disadvantaged unionist and nationalists communities. • Calls on the Assembly to amend the Welfare Reform Bill consistent with the specific circumstances and needs of people living in the north of Ireland and work together to ensure that the most vulnerable in our society are protected.”

Councillor Mrs McEldowney said that it was crucial that the Welfare Reform Bill be amended. If the Single Universal Payment was brought in then many vulnerable people would be greatly disadvantaged. The idea of the head of the household receiving the payment brought many problems, particularly if that person was male and unemployed . Councillor Mrs McEldowney said that she felt that in many cases women and children could suffer financial hardships. Councillor Mrs McEldowney went on to explain difficulties that would arise from the proposed changes in Housing Benefit. Welfare cuts would bring great disadvantage to the most vulnerable in society and something which every Member should be concerned about as both unionist and nationalists communities would be disadvantaged.

12.2 The motion was seconded by Councillor I P Milne.

12.3 Councillor Miss K A Lagan said that she welcomed any change that could be brought about to prevent further hardship on disabled and disadvantaged people. These Government welfare cuts would have a profound effect on people’s lives.

12.4 Following further discussion Members enquired if the introduction of a Single Universal Payment had been approved at Westminster, did the NI Assembly have the power to overturn the decision. It was felt that the Department of Social Development should be scrutinising this reform, line by line.

12.5 The Chairperson, Councillor P McLean said that he was against welfare cuts. He also was opposed to the words “north of Ireland” used in the motion and requested that this be changed to “Northern Ireland”.

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12.6 Amendment

It was

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

That the words “unionist and nationalist communities” at the end of the first paragraph in the motion be changed to read “all communities”.

On a vote being taken on the Amendment, 11 Members for, 0 Members voted against, 5 Members abstained, voting being by show of hands.

12.7 On the Amendment becoming the Substantive Motion, 11 Members voted for, 0 Members voted against, 5 Members abstained, voting being by show of hands

The Chairperson declared the motion carried.

13 Roads Service

Submitted the following:

Private Streets (Northern Ireland) Order 1980 Adoption of Street Works at Crewe Road, Maghera – Stage 2 (details previously circulated to each Member).

Noted.

14 Water (Northern Ireland) Order 1999

Submitted application from Inovagates Ltd for consent to discharge site drainage to a waterway under the Water (Northern Ireland) Order 1999 (details previously circulated to each Member).

It was agreed not to make any comments on this application.

15 Forthcoming Meetings

15.1 Consideration was given to dates and times for meetings as follows –

Members’ Services Committee – no meeting in the immediate future

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Council Meetings in December 2012 and January 2013 Members agreed to hold one meeting in December 2012 – Tuesday, 11 December 2012 at 7.30 pm.

The first meeting in January 2013 would be held on Tuesday, 15 January at 7.30 pm (one week later than the normally scheduled date). The second meeting would be held on the normal fourth Tuesday - 22 January at 7.30 pm.

Special Meeting for Presentations – Tuesday, 29 January 2013 at 7.00 pm.

15.2 Lough Beg for Life

The Chairperson, Councillor P McLean and Councillor I P Milne referred to letters received from the Chairperson of Lough Beg for Life.

The Chief Executive advised that he too had received a letter seeking another meeting.

Following discussion it was agreed that a meeting could be arranged for a small representation of Councillors in the near future.

16 Policy and Development Department

16.1 Events and Festivals Grants

Submitted report advising that one application under the Large Community Grant theme had been scored (copy circulated to each Member).

16.1.1 Following discussion it was

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

Resolved: that £1,000 be awarded to Maghera Traders’ Association for the purchase of chairs and a banner and promotional materials for a Christmas Carnival in Maghera.

16.2 PEACE III

The Chief Executive reported that through the PEACE III Programme, the Council had tendered for a competent organisation to deliver a civic leadership programme to allow twenty Councillors and twenty social partners from the four Councils in the South West Cluster to work together to explore how Councillors and social partners could provide leadership in terms of peace building and increasing tolerance and respect between communities in its area. The contract was won by Mark Conway of the Venture Network.

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Mark was inviting at least five Councillors from Magherafelt to take part in the programme (‘In Our Own Hands’ details circulated to each Member). Those interested in participating should contact the Director of Policy and Development, Mrs Anne-Marie Campbell, or Joanne McNamee or Chris McCarney by Friday, 17 November 2012.

Noted.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor J F Kerr Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

17 North West Region Waste Management Group

This item was taken “In Committee”.

18 Staff Matters

This item was taken “In Committee”

19 Legal Matters

This item was taken “In Committee”.

Resolution to Proceed 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.

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20 Sealing of Documents

The seal of the Council is hereby affixed to the following document –

Grant of Right of Burial to Mrs Audrey May Smyth of 6 Caulfield Villas, Carmean, Moneymore, wife of Mr William Courtney Smyth (deceased) – Plot A134.

21 For the Information of Members

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

(a) Minutes of the Sixty-Third Trust Board Meeting of the Northern Health and Social Care Trust held on Thursday, 27 September 2012. (b) Minutes of the North Eastern Education and Library Board held on Tuesday, 25 September 2012. (c) Copy of letter from DoE Local Government Policy Division on Performance Indicators and 2011 Census Population Figures (copy previously circulated to each Member). (d) Copy of NILGA’s information bulletin – 24 October 2012 (copy previously circulated to each Member). (e) Copy of leaflet – “Frozen Pipes Disrupt Lives” produced by Northern Ireland Water (copy previously circulated to each Member).

The meeting concluded at 9.25 pm

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)

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