Looking for information about a council service?
Minutes
Minutes of Meeting of Environment Committee
27th May 2003
Minutes of Meeting of Environment Committee held in the Council Chamber, Council Offices, Derry Road, Strabane on Tuesday 27th May, 2003 at 7.30 p.m.
Present – In the Chair:-Councillor C. McHugh Other Members:- Councillors I. Barr, A. Bell, A. Bresland, D. Breslin, J. Donnell, J. Emery, D. Hussey, T.Kerrigan, T. McBride, E. McGarvey, C. McGill, B. McMahon, E. McMenamin, Total = 14 In Attendance:- Clerk and Chief Executive, Chief Technical Officer, Technical Services Licensing Officer, Mr. Ken Moore from the Planning Service, Administrative Officer. Apology:- Councillor McNamee
SYMPATHY
It was agreed that a letter of sympathy would be forwarded to Mr. M. McGuckin, Chief Executive of Cookstown District Council on the recent death of his niece as a result of a road accident.
PLANNING APPLICATIONS
Mr. Ken Moore from the Planning Executive attended the Meeting and presented schedule of planning applications, a copy of which had been previously circulated to each Member.
Arising out of the schedule the following applications were discussed:-
New
J/2002/0620/F – W & L Duncan, retention of commercial garage for vehicle repairs and storage at 289 Victoria Road, Grange Foyle Townland, Bready, Strabane.
J/2002/0688/O – Cherrydene Developments, site for housing development at former Glenagoorland P.S. Glenagoorland, Donemana.
J/2003/0074/F – Ms. M. Reid, single storey extension to dwelling at 10 Gamble Park, Spamount, Castlederg.
J/2003/0148/O – Mr. J. Beattie, site for two storey dwelling and domestic garage at 24 Strawhaulter Road, Newtownstewart.
J/2003/0158/F – Mr. A. Black, extension to rear of existing dwelling at 5 Sunnyside, Ardstraw, Castlederg.
J/2003/0167/O – Mr. J. McDermott, domestic dwelling and detached garage 150 metres north of 24 Collermoney Road, Ballymagorry.
J/2003/0190/O – Miss G. Arbuckle, site for new dwelling house on land immediately south east of No. 120 Lisnaragh Road, Donemana.
J/2003/0204/O – Ms. B. O’Neill, 1 & ¾ storey dwelling and domestic garage immediately west of 18 Summerville Road and north west of Prospect Road and Summerville Road crossroads, Clady, with entrance onto Prospect Road.
J/2003/0211/O – Mr. A. Blee, 2 storey dwelling & domestic garage 40m south east of 75 Lisnaragh Road, Donemana.
J/2003/0214/O – Mr. R. Houston, proposed 1 ½ storey dwelling and domestic garage 80m North of No. 30 Oldcastle Road, Newtownstewart.
J/2003/0216/F – Mr. G. Moore, erection of 2 No. dwellings and domestic garages approx. 120 Metres North East of 66 Castlewarren Road, Donemana.
J/2003/0224/O – Mr. G. Irvine, domestic dwelling and garage 70 metres west of No. 8 Strahulter Road, Newtownstewart.
J/2003/0241/O – Mr. D. Thompson, dwelling house and domestic garage 240 metres north north west of junction of Pine Road with Ballee Road on Pine Road, Artigarvan, Strabane.
J/2003/0242/O – Buildmark Developments, site for two storey dwelling and domestic garage 180 metres south east of 79 Drumlegagh Church Road, Newtownstewart.
J/2003/02454/O – Mr. R. Spence, domestic dwelling and garage 50 Metres South of No. 25 Gortmellan Road, Donemana.
J/2003/0247/F – Olivia Moore & Gary Henderson, dwelling house and domestic garage opposite 41 Mournebeg Road, Mournebeg, Castlederg.
J/2003/0259/O – Mr. S. McKenna, site for one-and-half storey dwelling and garage approx. 140 metres south west of 68 Corramore Road, Cranagh, Omagh.
J/2003/0260/O – Mr. B. McNulty, site for one-and-half storey dwelling and garage immediately adjacent to east of 41 Hollyhill Road, Strabane.
J/2003/0268/O – Mr. N. McCauley, site for dwelling and domestic garage 90 metres east of 15 Lisdoo Road, Lisdoo, Clady.
J/2003/0278/O – Mr. A. Duncan, site for house and garage 20 metres west of 78 Glenelly Road, Plumbridge.
J/2003/0280/O – Mr. B. McMenamin, site for single storey dwelling and garage 250 metres east of 44 Cavan Road, Castlederg.
It was agreed that site meetings would be held in respect of the above 21 applications.
J/2003/0282/F – Mr. D. Kelly, retention of existing domestic garage and store at 44 Ligford Road, Ligfordrum, Strabane.
Mr. Moore stated that 2 late letters of objection had been received in relation to the above application and requested that the application be deferred to allow the Department an opportunity of fully considering the objections.
Councillor McBride asked if it was normal that late letters of objection would be taken into consideration and in response Mr. Moore said that it was possible to object to applications up until the date of issue of the decision.
Councillor McGill asked for clarification regarding objections and Mr. Moore confirmed again that the Department takes account of objections up until when the decision notice is issued. Councillor McGill asked if someone could object after the consultation process with Council and again Mr. Moore confirmed that the Department would consider objections up until the date of issue.
Councillor McGill said that when applications were advertised a date was given for the receipt of objections and she felt that if the Department was prepared to accept objections up until the date of issue of the decision, then the public should be made aware of this through the Press.
In response to Councillor McBride, Mr. Moore said that if an objection was so significant that it altered the decision then the application would be brought back to Council.
Mr. Moore said that the nature of the objections to the above application were that work of a commercial nature was being carried out on the premises and issues in relation to rights of way. He said that there may be an opportunity for a site meeting when the application is brought back to Council.
Councillor Donnell said that if some form of business was being carried out on the premises then the Department should be taking enforcement action at a later date rather than holding up the application now. Mr. Moore said that the Department may be satisfied with the application and attach conditions but wished to consider the matter further and bring back the application to the Council.
In response to the Chairman, Mr. Moore said that the objections were received and the Department had no reason to query the validity of them. He said that the letter would be available for public inspection under the open file system.
Following further discussion, it was agreed on the proposal of Councillor Barr seconded by Councillor McBride to agree to the application being deferred for 1 month to allow the Department time to consider the objections.
Councillor McBride asked that clarification regarding late objections be available for the next meeting.
Mr. Moore said that on the date of the inspection the premises had been closed up and the Officer had not been able to gain access to the Building. Mr. Moore said that the department would wish to inspect the inside of the premises.
Councillor Hussey declared an interest in the following application:-
J/2002/0378/F – Dergview F.C., new club house, changing facilities, stand,, floodlighting and associated works 60 Metres north of No. 21 Castlegore Road, Castlederg.
The schedule of new applications was adopted on the proposal of Councillor McBride seconded by Councillor McMenamin subject to the foregoing.
Deferred
J/2002/0627/O – Mr. F. Wray, 2 No. domestic dwellings 50M South West of No. 4 Garvan Road, Glebe, Sion Mills.
Councillor Bell asked for a site meeting in relation to the above application stating that no Councillors had attended the previous meeting.
Mr. Moore said that the Department had fully reconsidered the above application following the office meeting and had concerns regarding piecemeal development. He said that if all the garden owners in the area were to get together and submit an application for a small housing development, then the Department would be prepared to consider it. He said it was almost impossible to develop the land behind the existing dwelling. He felt that a site meeting would not be of any benefit.
J/2003/0037/O – Mr. C. Kennedy, site for dwelling 60 metres north of 12 Park Road, Cranagh.
Councillor McBride referred to the above application and asked if the site had been visited by a second Officer. Mr. Moore confirmed that the site had in fact been visited by 4 different Planning Officers and he had in fact visited the site himself on Friday.
Mr. Moore said that the site was within an Area of Outstanding Natural Beauty and the policy for that area was one of protection and enhancement of the landscape. The Department would not be prepared to permit schemes that would be detrimental to the area and that could not integrate naturally. He said that an alternative site had been discussed. Mr. Moore said that he had spoken with the Applicant who had informed him that he owned 20 acres of land in the area and he agreed to meet with the Applicant and look at the possibility of identifying an alternative site within that land.
Councillor McBride said that there were 2 rows of natural species of trees at the site. He said that people needed to be able to live in these Areas of Outstanding Natural Beauty. He asked that the Applicant be given the opportunity to withdraw the application and Mr. Moore said that a letter of withdrawal would need to be submitted.
J/2003/0102/O – Mrs. Sg McCullagh, site for dwelling 80 metres east of 124 Glenelly Road, Glenroan, Plumbridge.
Councillor McBride expressed disappointment that the above application was being refused. He said that in the past, with careful design, it had been possible to have sites approved in this very difficult area.
Mr. Moore said that the Department was of the opinion that houses should not be artificially planted into the landscape and felt that a dwelling on the proposed site would be detrimental.
J/2003/0116/O – Mr. D. McMenamin, new dwelling & garage 480m NE of 84 Holyhill Road, Strabane.
Councillor McGill stated that the Agent wished to submit additional technical and photographic information direct to the Department in relation to the above application and asked that it be deferred for 1 month as a result of this. Mr. Moore asked if the information was likely to change the Department’s recommendation and in response Councillor McGill said she would say yes but this would have to be determined by the Department.
Councillor McGill said that the Council had taken a decision in the past that after a refusal following a site meeting, Council could agree to submit additional information to the Planners in writing and asked if this was still the position. The Chairman confirmed that this was still the position.
J/2003/0171/O – Mr. L. Floyd, site for storey-and-half dwelling and garage 50 Metres South of 29 Polyernan Road, Castlederg.
Councillor Hussey said he understood the difficulty the Planners had with the above site, despite the fact that it was on a minor road. It was agreed that the application would be held for 7 days to allow the Applicant an opportunity to withdraw the application.
J/2003/0199/O – Mr. R. McCrea, site for dwelling and domestic garage 50 metres north-west of 24 Donagheady Road, Bready, Strabane.
Councillors Donnell and Hussey welcomed the recommendation of approval in respect of the above application.
Additional Deferred Application
J/2002/0684/O – Mr. O. Doherty, site for two storey dwelling and domestic garage 40m east of 127 Corgary Road, Castlederg.
The schedule of deferred Planning Applications together with the additional deferred application was approved on the proposal of Councillor Kerrigan seconded by Councillor McBride subject to the foregoing.
CHIEF TECHNICAL OFFICER’S REPORT
Mr. Scott, Chief Technical 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:-
Bulky Household Waste Spring Clean Collection
Members noted that arising out of the advertisements for free bulky waste collection, 80 requests had been received and were collected during the week 12th – 16th May. The ‘autumn’ collection will be advertised for two weeks in late September and early October. The Council’s policy of charging £10 per collection on maximum of four items was now being operated.
Expressions of Interest for Waste Management Facilities
The CTO referred to the above and said that the Expressions of Interest were due to be returned by 6th June. He proposed that an assessment be carried out and considered by the Working Group on Waste Issues before being brought to the Environment Meeting. This was agreed on the proposal of Councillor McBride seconded by Councillor McMenamin.
Maintenance of Phase II By-Pass Landscaped Areas
The CTO reported that a meeting had been held with Section Engineer Officials of DRD Roads Service to discuss the maintenance of the landscaped areas of Phase II. He said that at present Council undertake the grass cutting on Phase I of the By-Pass with a minimum of 21 No. cuts per season with Roads Service paying for a maximum of 5 No. cuts at a unit cost of 4.44p per sq. metre per cut for the financial year 2002/3. Council also maintain the landscaped areas at a unit cost of 22.19p per sq. metres.
In relation to Phase II, landscape architects have prepared landscaped drawings which involve mass planting of trees, shrubs and bulbs/herbaceous plants with small areas of grass. Arising from the meeting an Agency, Construction Services, will be responsible for the maintenance of the shrubbed areas and Council would accept maintenance of the grassed areas.
The CTO said he would have concerns that the dense planting would create litter traps and he was having further discussions with Roads Service and Construction Services in relation to this. He said that the removal of the litter from these areas was time consuming and difficult.
Councillor Emery said that some of the plants at Newtownstewart had been stolen and the CTO said he would bring this to the attention of Roads Service.
Councillor Kerrigan asked that in view of the fact that it would be more difficult to maintain Phase II of the By-Pass if additional money would be made available for this. The CTO said he did not feel that this would be possible.
Councillor McMenamin asked if it was worthwhile planting young trees and felt that more mature trees should be used. The CTO said that the trees planted were small trees.
‘Rare Earth’
The CTO informed Members that the play ‘Rare Earth’ was an environmental play that highlights how man’s activities affect the environment. The play is humorous and informative and provides an alternative means of raising environmental awareness amongst primary school pupils. Each performance of the play would cost Council £245 and it was hoped to stage 3 performances of it on 27th and 28th May in St. Patrick’s Hall, Strabane. Community Relations Department is funding the cost of hire of the hall and the Environmental Projects Officer has written to all primary schools in the district inviting Key Stage II pupils to attend. An application has been made to NI2000 for funding from the Landfill Tax Credits Scheme.
Councillor Hussey asked how many schools had attended and in response the CTO said he would ascertain this information and report back. He said that the Environmental Projects Officer had informed him that approx. 250 pupils had attended today’s performance.
Development of Play Areas at Beechmount Avenue, Strabane/ Berryhill Road, Donemana/Douglas Bridge
The CTO reported that discussions had taken place with the above groups in relation to their requirement and on how procurement and development of play areas could be achieved. He said that an official announcement would be made by the funders on 21st May in relation to the proposed funding and it is planned to have the three areas developed by late summer.
The CTO said he had received a letter from Douglas Bridge Cross Community Association stating that they had secured funding of £24,276 from Creating Common Ground. The Group can not claim VAT as they are not registered and would like to enter into an agreement with the Council for the leasing of the proposed play area to enable the VAT to be reclaimed by Council. The CTO said he was looking at this proposal and would like to take all three areas forward in order to try and achieve economy of scale.
Councillor McBride welcomed the initiative on the part of the Group.
2003 “Loo of the Year” Awards
It was agreed on the proposal of Councillor McMenamin seconded by Councillor Emery that the Donemana Public Toilets should be entered for the 2003 “Loo of the Year” Awards as they were still maintained to a very high standard and had received a five star grading in last years competition.
Municipal Waste Management Awareness Seminar
The CTO placed before Members details of the above seminar to be held at NICVA Offices, North City Business Park, Duncairn Gardens, Belfast on 17th June 2003 at a cost per elected Member of £15 and £25 per Officer plus travel.
It was agreed that a representative from each Party together with Officers at the discretion of the CE attend the seminar.
Councillor Kerrigan indicated that he would represent his party.
Moorlough
The CTO informed Members that he had recently met with representatives of the Department of Culture, Arts & Leisure (Inland Waterways and Inland Fisheries), Abercorn Estate and Rivers Agency to discuss scope for introducing new vehicle and powerboat access controls resulting from a number of recent incidents.
At the meeting a number of measures to be introduced were agreed as outlined in the CTO report.
The CTO said that Council currently provide an ongoing litter collection and toilet maintenance service at the site and the Department are requesting Council’s additional assistance by way of arranging for the above-mentioned vehicular barrier to be locked between 5.00 p.m. each Friday and re-opened at 9.00 a.m. on the following Monday.
Councillor Hussey asked the position regarding Bank Holidays and in response the CTO said that this had been discussed but no consensus of opinion in relation to Bank Holidays had been reached.
Councillor McMenamin suggested that a coded lock be used instead of issuing keys and in response the CTO said that it was difficult to keep people from cutting locks.
The CTO said he would be concerned that people could be locked in at the Lough over the weekend if they were not out by the stipulated time.
In response to Councillor McBride, the CTO said that the Department would write to all the land owners and people needing access to the area in relation to the matter. He said he would pass on the Councillor’s concerns regarding security to the Department. With regard to the roadway, the CTO said that the road was in very good condition.
Councillor Barr said he welcomed the fact that the various Agencies named had come together with a view to resolving problems at Moorlough and he hoped Council would co-operate fully with regard to the matter. Councillor Barr said something needed to be done to stop cars ‘hot rodding’ around the Lough and to prevent jet ski access as this was interfering with Anglers who pay a permit to fish at Moorlough.
In response to Councillor Emery, the CTO agreed to check the present position regarding fish stock at Moorlough with the Department of Culture, Arts & Leisure. He confirmed that he would ask the Department to write to the various Angling Groups.
Councillor McMenamin asked if the use of jet skis was removed at Moorlough would there be no provision for them? Councillor McBride said that Moorlough was never designed for jet skis but rather for people looking for tranquillity.
Councillor Barr said he understood that an area of the Foyle was being looked at for jet ski provision and it was agreed that this would be checked with the HCAL.
Councillor Barr proposed seconded by Councillor McBride that Council accept the proposals for Moorlough as outlined in the CTO Report and this was agreed.
Car Park & Play Area at Plumbridge and Play Area at Clady
Councillor McBride and the Chairman said there was some concern that grass was sprouting in the car park and play areas in Plumbridge and Clady and said that the areas needed to be tidied up. The CTO said that spraying was undertaken through a Contractor but this had been delayed due to the inclement weather. It was hoped to have this carried out in the near future.
Gaelic Field at Freughlough
The Chairman said that as a result of work carried out by the Roads Service surface rain water was being directed onto the gaelic field. It was agreed that the CTO would bring this to the attention of the Roads Service.
Sports Turf Maintenance
Councillor Hussey referred to a recent Lecture he had attended by a Lecturer from the New Agriculture College and one of the issues was courses for sports turf maintenance. He said he had asked if the College would be prepared to provide this course outside of the College if there was sufficient interest. The CTO agreed to follow this up with the College.
Crash Barrier at Spamount
It was agreed that the CTO would write to Roads Service and asked them to consider the provision of a crash barrier at Spamount, the scene of a recent accident. Councillor Hussey said that that many accidents occur at this location, particularly in icy conditions.
The Chief Technical Officer’s Report was approved on the proposal of Councillor McBride seconded by Councillor McMahon 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:-
Bye-Laws Prohibiting Consumption of Intoxicating Liquor in Designated Places
(a) Recommended Prosecutions
The TSLO withdrew the recommendation of prosecution in respect of Nos. 5,7,10,11,12,20,23 & 24 listed in his report stating that since writing his report, the people concerned had accepted a caution in lieu of prosecution. This was noted by the Members.
Councillor McMenamin asked if a second letter could be written to the individuals pointing out the consequences of a prosecution and in response the TSLO said that each individual had been written to on 3 occasions. He confirmed to Councillor Barr that it had been made clear to them that failure to respond would mean prosecution.
Councillor Hussey proposed seconded by Councillor Kerrigan that prosecutions be initiated in respect of the remaining cases listed. He said it was regrettable that the people had not taken the avenue open to them but said he had been informed that there would be an increase in the recommended prosecutions throughout the District in the future.
Councillor Barr asked that particular attention be paid to the outcome of the Court cases in view of the increased volume of offences and made reference to a similar case in another Council District that had been treated as frivolous by the Magistrate.
Four Councillors abstained from the above vote in favour of prosecutions.
(b) Official Cautions Issued
The TSLO said that the number of individuals who had accepted official cautions had now risen from 48 to 56.
Street Trading Act (NI) 2003 Revoking of Street Trading Licenses – Ref No. 53M and 53S
The TSLO informed Members that Mr. B. Monaghan of 134 Lisnafin Park, Strabane had now sold his trading vehicle and had surrendered his licence to the Council and recommended that in agreement with Mr. Monaghan that his Mobile and Stationary Trading Licences be revoked by Council. This was agreed.
Local Government (Miscellaneous Provisions) (NI) Order 1985 Revoking of Entertainments Licence – Ref. No. Ent 72
The TSLO advised Members that Mr. Peter Villa, the holder of an Entertainments Licence in respect of Ballymagorry Arms, 421 Victoria Road, Ballymagorry had requested that his Entertainments Licence be revoked by Council as his current insurer will not renew his cover if an Entertainments Licence is in force.
Members agreed to the request by Mr. Villa that the Entertainments Licence be revoked by Council.
Local Government (Miscellaneous Provisions) (NI) Order 1985 Licensing of Places of Entertainment
Members agreed that Entertainments Licences be granted/renewed in respect of the premises listed in the TSLO report.
The Betting, Gaming, Lotteries and Amusements (NI) Order 1985 Grant of Registration of Society
Members agreed that a grant of registration for the purpose of conducting a public lottery be granted to Edwards Parent Teacher Association as recommended by the TSLO.
Local Government (Miscellaneous Provisions) (NI) Order 1985 Naming of New Housing Development
Members agreed on the proposal of Councillor Donnell seconded by Councillor Kerrigan that a housing scheme consisting of 53 No. houses at Leckpatrick Road, Artigarvan be named Danton Manor as requested by the Developer.
Dogs (NI) Order 1983 Prosecution of Mrs. Rose Jack
The TSLO referred to the above and said that Mrs. Rose Jack was convicted and ordered to pay fines of £40, costs of £82 and compensation to the livestock owner of £865.81 and an order was also made for the two dogs involved to be put down.
The TSLO said that the Magistrate had original intended to impose fines of £800 but had changed this to compensation in favour of the livestock owner.
Dogs (NI) Order 1983
Members noted the TSLO report on the above for the month of April.
The Technical Services Licensing Officer’s Report was approved on the proposal of Councillor Barr seconded by Councillor Emery subject to the foregoing.
The Orchard Community Association
Councillor Breslin said he had received a request from the above Community Association requesting that signs be erected for the Estate. The TSLO said he would look into this matter.
River Foyle and Tributaries Area of Special Scientific Interest Notification Under Article 28 of the Environment (Northern Ireland) 2002
The CE referred to the above Notification received from the Environment and Heritage Service and recommended that Council consider this in more detail in view of discussions earlier in the meeting regarding jet skis. Councillor McBride said that some of the farmers along the River may not be happy with the Notification.
It was agreed that the matter would be further considered at a future meeting.
Strabane Special School, Melmount Gardens.
The CE referred to the letter from the Western Education & Library Board regarding the above, a copy of which had been circulated to each Member. He said that the Board was seeking a meeting with Councillors in relation to the issue.
It was agreed that a meeting should be arranged between the Board and the Town Councillors and that a representative from Lisnafin Community Association together with the residents of Melmount Gardens who are objecting to it be invited to the meeting.
Presentations – Mrs. E. Dooher & Mrs. Marie Devine
The CE informed Members that the Chairman would be making a presentation to Mrs. E. Dooher who was retiring after 34 years service and to Mrs. Marie Devine who was leaving after 19 years service. He said the presentations would be made on Thursday, 29th at 11.00 a.m. in the Chairman’s Office and any Member wishing to attend could do so.
Roads Service Annual Report
The CE said that Mr. Pat Doherty, Divisional Roads Manager wished to come to Council to present the Annual Report. It was agreed that a Special Meeting be arranged for this purpose.
History Through Drama
The CE drew the attention of Members to the above Performance to be held in Derg Valley Leisure Centre on Thursday, 29th May at 7.00 p.m.
Wall Hanging – Women Together
The CE reminded Members that the Wall Hanging by Women Together would be handed over at 6.30 p.m. on Wednesday 29th inst. prior to the CAL Meeting.
Telephone Access to Council Offices Outside normal hours
It was agreed on the request of Councillor Barr that the above matter be looked at and a report brought back to Members in due course. The CE said that he had met with the CEHO and Business Manager recently in relation to the matter. Councillors were aware that they had been issued with a number that they could be contacted on during Council Meetings etc.
Job Losses
The CE informed Members that the Chairman of Council, Councillor McMenamin had received a letter from Mr. Pearson, Minister agreeing to meet with Council to discuss recent job losses in the area.
It was agreed that a suitable date would be agreed and Councillors informed in due course.
Dergview Football Club
Councillor Kerrigan proposed and it was agreed that the above football Club be recognised for winning the NI Challenge Cup. Councillor Hussey declared an interest in the matter.
Chairman’s Remarks
Councillor McHugh, Chairman of the Environment Committee said that as this would be his last Meeting prior to the AGM he wished to thank the Councillors, his Vice-Chair, Chief Executive and other Officers for their assistance and help during his year as Chairman of the Environment Committee.
The meeting closed at 9.00 p.m.
________________________________
