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Minutes
Meeting of the Environment Committee
27th March 2001
Minutes of Meeting of the Environment Committee held in the Council Chamber, Council Offices, Derry Road, Strabane on Tuesday, 27th March, 2001 at 7.30 p.m.
Present – In the Chair:-Councillor E. Turner, MBE Other Members:- Councillors I. Barr, A. Bell, A. Bresland, M. Conway, J. Donnell, J. Emery, D. Hussey, T. Kerrigan, T. McBride, C. McHugh, E. Mullen, J O’Kane. Total = 13 In Attendance:- Clerk & Chief Executive, Chief Building Control Officer, Chief Environmental Health Officer, Technical Services Licensing Officer, Mr. T. McIvor from the Planning Executive, Administrative Officer. Apology:-Councillor I. Murtagh
WELCOME
The Chairman welcomed Councillor McBride back to the Council Meetings and hoped he was feeling much better. Councillor McBride thanked the Chairman for his welcome and for the good wishes sent to him.
PLANNING APPLICATIONS
Mr. T. McIvor from the Planning Executive attended the Meeting and presented schedule of applications and addendum thereto, a copy of which was previously circulated to each Member.
Arising out of the schedule and the addendum the following applications were discussed:-
Deferred Applications
J/2000/0397/F – Mr. T. Harley, sand and gravel extraction and installation of mobile screen 350m SW of 24 Urbalreagh Road, Ardstraw.
Mr. McIvor referred to the above application deferred from Planning Meeting in January. He said that the outstanding matters had now been resolved and he was able to bring forward a recommendation of approval.
Councillors Emery and McBride welcomed the approval.
J/2000/0270/O – Mr. J. Douglas, proposed hotel at 34 Lower Strabane Road, Castlederg.
Mr. McIvor outlined the history to the above application stating that both a site meeting and office meeting had been held and that the Department was still of the opinion that the application should be refused as the proposal would be detrimental to the residential amenity.
Councillor McHugh referred to the application and said that the dwelling was a large old building which belonged to a retired Army Colonel and which had been purchased by Mr. Douglas. He said that the site was beside the Castlederg Visitors Centre and on the main route through Castlederg. He said that there was a need for a hotel in the area. Councillor McHugh said that the Applicant and his Agent had submitted amended drawings showing a scaled down plan but he was disappointed that the Planners could not approve the application.
Councillor Kerrigan said that he agreed Castlederg needed a hotel but in a different location. He said that the proposed site was in the middle of a residential area.
Following a discussion it was agreed that the application be held in abeyance and that arrangements be made for Councillors to visit the site. Councillor McHugh said he would ascertain if the Applicant wished to appeal the decision or have the Council refer it to the Directorate.
J/2000/0278/O – Mr. I. Gillespie, dwelling and garage 160m north east of No. 19 Aghnahoo Road, Killeter, Castlederg
Mr. McIvor informed Members that the above application had been reconsidered by the Planning Executive and the opinion of refusal still stood. He said that an alternative site had been suggested to the Applicant but this had been rejected.
J/2000/0353/O – Mr. F. Coyle, two storey dwelling house 40m west of 42 Ligford Road, Strabane.
Mr. McIvor informed Members that in order for the Applicant to obtain adequate site lines it would be necessary for him to acquire third party land and a letter from the third party had been furnished to the Planners stating that the land would not be made available.
It was agreed that a site meeting would be held in connection with the Application and that a representative of the Roads Service would be invited to attend.
J/2000/0360/O – Mr. E. O’Neill, site for dwelling and garage 50m SW of 159 Sperrin Road (accessing onto Glenelly Road) Cranagh, Omagh.
Councillor McBride welcomed the recommendation of approval in respect of the above application.
J/2000/0438/O – Mr. & Mrs. M. Doherty, dwelling house to the rear of 61 Fyfin Road, Victoria Bridge.
Councillors O’Kane and McBride welcomed the recommendation of approval in respect of the above application.
New Applications
J/1998/0430 – Rural Housing Association, 10 No. dwellings and access road off Hillview, Coolaghy Road, Ardstraw.
Councillor Emery welcomed the above application and said that it would provide 10 new dwellings for Ardstraw which were much needed.
J/2000/0669/O – Mr. C. Caldwell, replacement dwelling and garage at 1, Keenaghan Road, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
J/2000/0695/O – Mr. W. McKelvey, dwelling house and domestic garage 260 metres South of 26 Castledamph Road, Plumbridge.
It was agreed that a site meeting would be held in connection with the above application and that a representative from the Roads Service would be invited to attend.
J/2000/0698/F – Mr. C. McHugh, new entrance to proposed Playing Fields at Ashburn Park, Castlederg.
Councillor McHugh declared an interest in the above application.
Mr. McIvor outlined the reasons for the recommendation of refusal in respect of the above and the previous history surrounding an application for an entrance through Dergview. He said that this had been approved as there were only houses on one side but Ashburn Park had housing on both sides.
It was agreed that a site meeting would be held in connection with the application.
J/2001/0053/RM – Mr. H. Donnell, dwelling at site 1 11a Towncastle Road, Castletown, Strabane.
J/2001/0054/RM – Mr. H. Donnell, dwelling at site 2 11a Towncastle Road, Castletown, Strabane.
Mr. McIvor informed Members that discussions were ongoing with the Agent in relation to the above applications and it was agreed that both applications would be deferred for one month. If agreement could be reached during that time approvals would be issued otherwise the applications would be brought back to the next Planning Meeting.
J/2001/0055/F – Ms. C. Dunne & Mr. D. Young, new domestic house and garage on existing farmland (on Glennagoorland Road) 250m North West of 46 Glennagoorland Road, Glennagoorland, Glebe, Dunnamanagh.
Mr. McIvor said that outline planning permission had been granted in respect of the above subject to a 5.5m ridge height but the application now submitted was in respect of a two storey dwelling which the Department was not prepared to approve.
It was agreed that an Office Meeting would be held in connection with the application.
J/2001/0057/O – Mr. P. Gormley, dwelling and garage opposite No. 238 Lisnaragh Road, Donemana.
J/2001/0058/O – Mr. P. Gormley, dwelling and garage adjacent to No. 231 Lisnaragh Road, Donemana.
It was agreed that site meetings would be held in connection with the above applications and that a representative from the Roads Service would be invited to attend. Councillor McBride urged that as many Councillors as possible should attend these site meetings as he felt there would be discussion regarding Hamlet status.
J/2001/0064/O – Mr. J. McCloskey, site for dwelling to the rear of 15 Woodend Road, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
Councillor O’Kane said that the present garage on the site would be removed to make way for the proposed bungalow and he did not believe that there would be any over-development. He said that similar development had taken place in the area.
J/2001/0070/O – Mr. J. Devine, single-storey dwelling with sun room and garage 300m north of 15 Ligford Road, Cavanalee, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
J/2001/0080/O – Mr. J. Martin, dwelling and domestic garage 100m SE of 112 Urney Road, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
J/2001/0082/O – Miss L. Quinn, bungalow and domestic garage 240m SE of 21 Cavanalee Road, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
J/2001/0089/O – Mr. C. Caldwell, dwelling, sun-room and garage 150m south of 59 Towncastle Road, Strabane.
It was agreed that a site meeting would be held in connection with the above application.
J/2001/0090/O – Mr. G. Gallagher, dwelling and domestic garage 60m west of 18 Strahulter Road, Newtownstewart.
It was agreed that a site meeting would be held in connection with the above application.
J/2001/0093/O – Mr. M. King, proposed storey and a half dwelling and garage 250m North West of Junction of Old Bridge Road & Derg Road, Newtownstewart.
Councillor O’Kane said that the Applicant had accepted the refusal in respect of the above application.
J/2001/0112/O – Mr. B. McCullagh, replacement dwelling at 130 Glenelly Road, Plumbridge.
It was agreed that a site meeting would be held in connection with the above application.
The Planning Schedule and Addendum thereto were adopted on the proposal of Councillor O’Kane seconded by Councillor McBride subject to the foregoing.
DEVELOPMENT AT NEWTOWNKENNEDY STREET, STRABANE
In reply to Councillor O’Kane, Mr. McIvor stated that a Planning Application had been received in respect of the above which is being processed in the normal way and he hoped to bring a recommendation to the Council at the next Meeting.
Councillor O’Kane asked if the actual development which has taken place is outside the development limit shown on the application? Mr. McIvor said that this matter would have to be investigated and if necessary an amended application submitted.
In reply to Councillor Barr, Mr. McIvor stated that neighbour notification had taken place in that each person with a common boundary had been notified together with anyone within a 90 metre radius of the development and the application would be advertised.
PLANNING APPLICATION – RICHARD BLAIR
In response to Councillor Donnell, Mr. McIvor said that he was presently in discussions with Mr. Blair’s Agent in an effort to identify an acceptable site. He said that the need for a dwelling in the green belt had been proven.
CHIEF BUILDING CONTROL OFFICER’S REPORT
Mr. Stewart, Chief Building Control Officer attended the Meeting and presented his report, a copy of which had been previously circulated to each Member.
Arising out of the report the following was discussed:-
Approvals
The CBCO reported that 44 approvals had been issued by his Department during the past month.
At this stage the Chairman asked the Press and Members of the Public present to leave the Meeting.
Cancellations
Members noted that 7 cancellations had been issued in respect of the applications listed in the report during the month of February, 2001.
Refusals
The CBCO withdrew the recommendation of refusal in respect of the following applications stating that the additional information requested had been submitted:-
BR/2000/265 – Liam Stewart, erection of dwelling at site 11 Glenevish Hill, Strabane.
BR/2001/018 – George Craig, extension to dwelling at 6, Alexandra Place, Sion Mills.
BR/2001/038 – WDH Construction, erection of 7 No. dwellings at Sites, 40,41,42,43,44,45,46 Hall Stevenson Park, Artigarvan.
Newtownstewart By-Pass
The CBCO informed Members that Roads Service had served a formal Notice to Council to vest the land along the line of the old railway in Newtownstewart for the By-Pass which is due to start in September of this year.
Property and Estate Management
The Committee agreed on the proposal of Councillor O’Kane seconded by Councillor McBride that tenders be sought from suitable Architects and Surveyors within the district for the preparation of drawings in respect of the above.
The Committee agreed on the proposal of Councillor Mullen seconded by Councillor Barr to go “Into Committee” to deal with an Addendum to the CBCO’s Report.
CHIEF ENVIRONMENTAL HEALTH OFFICER’S REPORT
Mr. Cosgrove, Chief Environmental Health Officer attended the Meeting and presented his report, a copy of which had been circulated to each Member.
Arising out of the report, the following was discussed:-
Acute Hospital Review
The CEHO made a presentation to Council on the draft response to the Acute Hospital Review which had been agreed by the Committee at their Meeting on the 5th March, 2001. He said that it was now necessary to have Council approval to the Response in order that same could be forwarded to the Review Group.
The presentation covered the following:-
Local Accessibility Remoteness Quality of Services Research from NHS Centre in University of York Managed Clinical Networks Inequalities Strategic Imperatives The present position The Worst and Best Case Scenarios
The Committee agreed on the proposal of Councillor Barr seconded by Councillor O’Kane to adopt the response and congratulated the Committee for the work done.
The Chief Environmental Health Officer’s Report was adopted on the proposal of Councillor O’Kane seconded by Councillor McBride subject to the foregoing.
TECHNICAL SERVICES LICENSING OFFICER’S REPORT
Mr. Turner, Technical Services Licensing Officer attended the Meeting and presented his report, a copy of which had been previously circulated to each Member.
Arising out of the report, the following was discussed:-
Street Trading (Regulations) Act (NI) 1929 Applications for grant/Renewal of Street Trading Licences
The TSLO placed before Members details of 2 applications which had been received in respect of Grant/Renewal of Street Trading Licences. He also furnished Members with a letter which had been received from a local business Director objecting to the location of the fast food van being located outside their premises and pointing out some of the reasons for their objection.
The TSLO said that under present legislation the Council had limited powers but new Legislation was currently being prepared which it was hoped to introduce by July of this year and which gave the Council greater powers.
Councillor Barr said that in previous years he had supported these applications but the problems experienced by the shop owners could not be ignored. He inquired if hours of trading could be restricted as one of the applications had applied to trade to 2 a.m. whilst the other was to 4 a.m.
Councillor Barr asked if the application was granted now would it be bound by the old legislation or could the new legislation be imposed. In response the TSLO said that following the introduction of the new legislation it would be possible to impose more restrictions than at present.
Councillor Kerrigan said that the objector was a substantial ratepayer in the area and asked if something could be done to have the fast food van sited further from the premises.
Following various recommendations, it was agreed on the proposal of Councillor Hussey seconded by Councillor Mullen that the licences be granted and that the TSLO meet with the Applicant to see if the problems listed in the letter from the Objector could be addressed. It was also agreed that the TSLO would meet with the Objector and explain to him the limited powers which the Council had under the present Legislation and make him aware of the new Legislation to be introduced in July of this year. It was also agreed that the Objector be made aware that the property on which the van was sited was in the ownership of the Roads Service and they had never objected to the applications.
Local Government (Miscellaneous Provisions) (NI) Order 1985 Licensing of Places of Entertainment
The Committee agreed that the Entertainments Licence in respect of Paddy Macs Bar, 45-47 Abercorn Square, Strabane be renewed as recommended.
Bye-Laws Prohibiting Consumption of Intoxicating Liquor in Designated Places – Official Caution Issued
Members noted that an official caution had been accepted in respect of the case listed in his report.
Dogs (NI) Order 1983
Members noted that during the month of February, 14 dogs found straying were lifted, 3 were found suitable homes, 4 were reclaimed and the remainder were humanely destroyed.
National Canine Defence League – Neutering and Microchipping Scheme
The TSLO outlined to Members proposals by the National Canine Defence League to promote responsible dog ownership and as part of this a province wide campaign has been organised and funded by NCDL whereby dog owners who are on means tested benefit can have their dogs neutered or spayed at a substantially reduced cost of £20 and also have them microchipped free of charge. All other dog owners can have their pets microchipped at the reduced cost of £9.50.
The TSLO said that 4 Vets within the District had agreed to participate in the scheme.
The Committee agreed on the proposal of Councillor O’Kane seconded by Councillor Barr to support the scheme and to include the names of the 4 local businesses participating in the scheme on any literature being sent to dog owners.
The Dogs (Amendment) Act (NI) 2001
Members noted the legislation regarding the above which comes into operation on 30th March, 2001. Under current legislation where it appears to the court that a dog has attacked any person or livestock the court must make a mandatory order directing the dog to be destroyed. Under the new legislation if it appears to a court that exceptional mitigating factors exist, the Resident Magistrate will be able to impose certain restrictions and conditions in lieu of destruction orders.
Dogs (NI) Order 1983 Recommended Prosecution
The TSLO said that he had investigated a report of a dog attacking a person in Strabane and on the basis of the facts uncovered, it is recommended that Council initiate legal proceedings under Article 29(1)A of the above Order against the keeper of the dog, Mrs. Margaret Boyle, 37, Glenevish Hill, Strabane.
The Committee agreed that the legal proceedings should be initiated.
Councillor Barr asked that the proceedings be taken after the 30th March, 2001 when the new legislation would be in force. This was agreed.
Road Signs at Park Road
Councillors referred to road signs which needed to be replaced and in response the TSLO said that missing or vandalised signs would be replaced. He said he had spoken to a specialist in the removal of graffiti with regard to having graffiti removed from a number of road signs.
The Technical Services Licensing Officer’s Report was adopted on the proposal of Councillor Mullen seconded by Councillor Emery subject to the foregoing.
Consultation Document – Review of the Procedures for Notifying, Protecting and Managing Areas of Special Scientific Interest
The Committee considered the above document a copy of which had been circulated to each Member. It was agreed that any Councillor wishing to comment on the document should submit same to the Chief Executive.
Councillor Mullen said he welcomed issue 18 and said he would submit comments on the document to the Chief Executive.
Tenders
It was agreed on the proposal of Councillor Hussey seconded by Councillor Mullen that the following tenders be opened and signed by the Chairman and Chief Executive:-
6 No. Tenders for 1 No. No. 22 Cubic Metre Refuse Lorry and 1 No. Hydraulic Automatic Wheeled Bin Lighting Gear
4 No. Tenders for the Letting of Lands.
It was agreed that the Chief Technical Officer would submit a report on the tenders received at the next Meeting.
Skip Site at Killen
Councillor McHugh said that the person developing the skip site at Killen would like an updated report on the present position.
It was agreed that the CTO would report on the matter to the next Meeting.
Foot & Mouth Disease Review on Policy on Booking of Football Pitches
The Chief Executive presented a report on the above matter which arose out of the Recreation, Culture, Arts & Leisure Meeting on the previous evening. The report set out the position being taken by the 4 neighbouring Councils. The Chief Executive said that given the announcement by the Minister regarding regionalisation status for NI with effect from 3rd April that the matter be kept under review and be addressed again at the Special Meeting of Council on 3rd April.
Councillor Hussey referred to the requested use of Mitchell Park by Dergview Football Club. He declared an interest in the matter but said that the team would lose their home advantage in this Irish Cup Match if they were not permitted to play on Saturday. He said that a number of farmers were involved in the Club and would ensure that all necessary precautions were taken.
Councillor Mullen proposed that in this instance an exception be made for this match to proceed and that the other pitches remain closed until the 3rd April. This was seconded by Councillor Emery.
The Chief Executive advised that if a match was to proceed then the Council would be obliged to put the necessary precautions in place.
Councillor McHugh said that whilst he appreciated the importance of the Irish Cup match he felt that it would look bad for the Council to allow this match to be played. He said that the Council could not allow a match to be played in Castlederg and then tell the people of Urney that they could not play.
The CE said that there would be implications if a decision was taken to allow one Club to play and not the other Clubs.
Councillor O’Kane said that he was not against sport but health was more important.
Councillor Bell said that she had raised the issue of Urney and felt if they could not play then no other Club should be allowed to play.
Following a discussion, Councillor Mullen said that he would withdraw his proposal.
As a further proposal Councillor O’Kane proposed seconded by Councillor McHugh that the Council adhere to the recommendation in the report circulated that the matter be kept under review and that it be addressed again at the Special Meeting of Council on 3rd April.
This proposal was put to the Council and was carried by 2 votes to nil with 6 abstentions.
Regional Transportation Strategy
The Chief Executive placed before the Committee details of a one-day conference to be held on Wednesday, 23rd May, 2001 in the Hilton Hoel, Belfast in relation to the above.
It was agreed that the Chairman and an Officer to be appointed by the Chief Executive would attend this Conference.
The Chief Executive reminded Members that a Meeting of the West Rural Region Group of Councils and the Consultants would be held in Omagh on Wednesday, 28th March at 3 p.m.
Councillor Mullen thanked the Chief Executive for having the road between Strabane and Letterkenny included in this Strategy.
Road at Mount Pleasant, Artigarvan
It was agreed on the request of Councillor Bresland that a letter be sent to the Roads Service requesting that street lights and a footpath be provided at the above location and that the road fronting houses on the Estate be tarred.
Councillor Bresland said that additional houses had been built on to Mount Pleasant and the footpath and street lighting needed to be extended to take account of this.
The meeting ended at 10.15 p.m.
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