COOKSTOWN DISTRICT COUNCIL COOKSTOWN DISTRICT COUNCIL

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					                  COOKSTOWN DISTRICT COUNCIL

Minutes of proceedings of a STATUTORY MEETING of the Council held in the
Council Chamber on Tuesday 8 November 2005.


Present:                   P McGlone, Esq. Chairman

Councillors:               Baker, Cassidy, Clarke, Greer, Glasgow, Lees, McAleer,
                           McCartney, McCrea, McGarvey, McNamee, Molloy
                           Quinn and Wilson

Officers:                  Clerk/Chief Executive
                           Director of Corporate Services
                           Clerical Officer

Other                      Planning Services
Representatives            Mr K McMahon, Senior Planning Officer


1 APOLOGY

   An apology was received on behalf of Councillor McIvor.
2 MINUTES OF STATUTORY MEETING – 11 OCTOBER 2005

   The Minutes of the STATUTORY meeting held on 11 October 2005, a copy of
   which had been previously circulated, were ADOPTED on the proposal of
   Councillor McGarvey and seconded by Councillor McAleer.

3 MATTERS ARISING

   There were no matters arising.




8 November 2005 Stat
4 MINUTES OF POLICY RESOURCES SERVICES COMMITTEE MEETING – 25
  OCTOBER 2005

         4.1        Matters Considered

                    Item 2.1 - St Brigid’s Convent and National School, Convent
                    Road, Cookstown
                    Chapel of the Annunciation , St Brigid’s Convent, Convent
                    Road, Cookstown
                    Buildings of Special Architectural or Historic Interest

                    The Clerk/Chief Executive advised the meeting that he had
                    contacted Mr McKervey of the Environment & Heritage Service who
                    had apologised for non attendance at the meeting but had
                    inadvertently put the wrong date in his diary.

                    Mr McKervey met with Councillors Cassidy, Glasgow, McAleer,
                    McGarvey, McNamee, Quinn, Wilson and the Clerk/Chief Executive
                    on 7 November 2005. Mr McKervey outlined the background to the
                    proposal for the listing of the premises referred to. He explained that
                    there are two main consultees when this type of exercise is carried
                    out

                    Historic Buildings Council
                    The appropriate District Council for the area

                    Both properties have been recommended for a B1 listing by the
                    Environment & Heritage Service based on their expertise and their
                    knowledge of the buildings.

                    Mr McKervey explained that funding may be available to assist the
                    owners of the property in the basic maintenance of the building but
                    that this could be discussed with the owners.

                    Councillor Cassidy advised the meeting that he had been contacted
                    by a lobby group opposing the demolition of the convent building and
                    they would wish to meet with Council to put forward their case for
                    retention of the building.

                    Council agreed that the Clerk/Chief Executive and those who had
                    attended the meeting on 7 November 2005 should meet with the
                    lobby group prior to the Development Committee Meeting on 15

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                    November 2005.

                    On the proposal of Councillor Cassidy, seconded by Councillor
                    Wilson it was AGREED to delegate authority to the Development
                    Committee to agree a response to the Environment & Heritage
                    Consultation document due to the time constraint.

         4.2        Adoption of Minutes

                    Subject to the above amendment the Minutes of the POLICY
                    RESOURCES & SERVICES COMMITTEE meeting held on 25
                    October 2005, a copy of which had been previously circulated, were
                    ADOPTED on the proposal of Councillor McCrea and seconded by
                    Councillor Molloy.
5 MINUTES OF BONFIRES SUB COMMITTEE MEETING – 20 OCTOBER 2005

    The Minutes of the BONFIRES SUB COMMITTEE meeting held on 20 October
    2005, a copy of which had been previously circulated, were ADOPTED on the
    proposal of Councillor Cassidy and seconded by Councillor McCrea.

6 MINUTES OF VOLUNTARY BODY GRANT AID COMMITTEE MEETING – 27
  OCTOBER 2005

    The Minutes of the VOLUNTARY BODY GRANT AID COMMITTEE meeting held
    on 27 October 2005, a copy of which was circulated at the meeting, were
    ADOPTED on the proposal of Councillor Wilson and seconded by Councillor
    McNamee.
7 MINUTES OF CHRISTMAS LIGHTS MEETING – 4 OCTOBER 2005

    The Minutes of the CHRISTMAS LIGHTS meeting held on 4 October 2005, a
    copy of which was circulated at the meeting, were ADOPTED on the proposal of
    Councillor Cassidy and seconded by Councillor McCrea.
8 MINUTES OF CHRISTMAS LIGHTS MEETING – 26 OCTOBER 2005

    The Minutes of the CHRISTMAS LIGHTS MEETING held on 26 October 2005, a
    copy of which was circulated at the meeting, were ADOPTED on the proposal of
    Councillor Cassidy and seconded by Councillor McCrea along with the proposed
    programme for the 24 November 2005.




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9 PLANNING MATTERS
         9.1        Schedule

                    Submitted schedule dated 8 November 2005, a copy of which had
                    been previously circulated, showing details of the Department’s
                    opinion as to how planning applications within the District should be
                    decided.

                    DEFERRED APPLICATIONS

                    Ref No                   Applicant              Development

                    I/04/0305/O              J McGee                Dwelling
                                             180m SW
                                             29 Killyneedan Road
                                             Sandholes

                    Council opposed the decision to issue a refusal regarding this
                    application.

                    NEW APPLICATIONS

                    Ref No                   Applicant              Development

                    I/04/1024/F              A Badger                      Dwelling
                                             A29 Service Station
                                             Dungannon Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, Lees, McCrea, Wilson

                    I/05/0371/F              S Kerr                        Dwelling
                                             Opposite
                                             50 Tullydonnell Road
                                             Rock

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

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                    Councillors Clarke, McGarvey, Molloy
                    I/05/0437/F      S Stirling                       Dwelling
                                     Adjacent to
                                     7 Muff Road
                                     Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, Lees, McCrea, McGlone

                    I/05/0642/F              Rafferty                 Dwelling
                                             160m S
                                             40 Loup Road
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    II/05/0711/F             G Gourley                Dwelling
                                             50m SE
                                             41 Moveagh Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Clarke, McGarvey, McGlone, Molloy

                    I/05/0753/F              P Quinn                  Dwelling
                                             Opposite
                                             33 Corvanaghan Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Clarke, McGarvey, McGlone, Molloy


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                    I/05/0857/O              A Reid                                    Dwelling
                                                                  120m SE
                                                                  72 Sherrigrim Road
                                                                  Dungannon

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, McGlone

                    I/05/0888/O              A Booth                                   Dwelling
                                             Adjacent to
                                             24 Kilcronagh Road
                                             Cookstown

                    Councillor Cassidy requested that this application be deferred
                    for 2 weeks pending the production of an amended plan.

                    I/05/0892/O              Monsignor Murray                          Dwelling
                                             Mercy Convent
                                             Convent Chapel
                                             Convent Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Cassidy, McNamee and Quinn

                    I/05/0955/O              M Watson                                  Dwelling
                                             330m S junction
                                             Rockdale/Ballynakilly Roads
                                             Sandholes

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, McGlone


                    I/05/0995/O              S Stewart                                 Dwelling
                                             190m NE

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                                             Coltrim Lane Road Junction
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    I/05/1028/O              E Lennox                     Dwellings
                                             Behind
                                             54 & 56 Loy Street
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Cassidy, McGlone, Quinn

                    I/05/1046/O              J Conlon                     Dwelling
                                             90m S
                                             111 Battery Road
                                             Coagh

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    I/051047/O               J Conlon                     Dwelling
                                             120m SE
                                             111 Battery Road
                                             Coagh

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone


                    /051048/O                J Conlon                     Dwelling
                                             160m SE
                                             111 Battery Road

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                                             Coagh

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    I/05/1055/O              W Hayes                  Dwelling
                                             Opposite
                                             164 Drum Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow


                    I/05/1070/0              JA Spratt                Dwelling
                                             50m ESE
                                             25 Drumrott Road
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Cassidy, McCrea, McGlone, Quinn

                    I/05/1092/O              M Richardson             Dwelling
                                             250m WNW
                                             20 Tullyboy Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, Wilson


                    I/05/1093/F              V Porter                 Dwelling
                                             80m Rear
                                             44 Ballyneill Road

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                                             Ballyronan

                    Councillor Cassidy requested that this application be deferred
                    for 1 month to enable the design to be reviewed.

                    I/05/1112/O              J Lagan                  Dwelling
                                             30m W
                                             17 Killucan Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Clarke, McGarvey, McGlone, Molloy


                    I/05/1114/O              P Swaile                 Dwelling
                                             400m SW
                                             24 Ballynakilly Road
                                             Cookstown

                    Councillor Glasgow requested an office for this application as
                    the applicant had been in hospital and had not had time to
                    respond.

                    I/05/1116/O              M Higgins                Dwelling
                                             340m NW
                                             44 Ballygruby Road
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    I/05/1132/O              R Barker                 Dwelling
                                             290m S
                                             8 Ballydawley Road
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

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                    Councillors Baker, McGlone

                    II/05/1143/O             L Carson                     Dwelling
                                             90m W
                                             270 Orritor Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, Lees, McCrea, McGlone

                    I/05/1145/O              J Wilson               Dwelling
                                             Adjacent to and Rear
                                             54 Loup Road
                                             Moneymore

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McAleer, McGlone, McIvor


                    I/05/1154/O              S McGurk                     Dwelling
                                             346m ESE
                                             4 Shivey Road
                                             Rock

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Clarke, McGarvey, McGlone, Molloy

                    I/05/1168/O              A Mithcell                   Dwelling
                                             140m W
                                             23 Ballynagilly Lane
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.


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                    Councillors Glasgow, McGarvey

                    I/05/1176/O              N Henry                  Dwelling
                                             Adjacent to
                                             226 Newmills Road
                                             Donaghey

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, McGlone

                    I/05/1178/O              N Murphy                 Dwelling
                                             6 Mobuy Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Clarke, McGarvey, Molloy

                    I/05/1185/F              P Young                  Dwelling
                                             360m N
                                             16 Gortnaskea Road
                                             Stewartstown

                    Councillor McGlone requested that this application be deferred
                    for one month.

                    I/05/1188/O              J Walker                 Dwelling
                                             260m W
                                             15 Legmurn Road
                                             Stewartstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Baker, McGlone

                    I/05/1205/O              S Brownlee               Dwelling
                                             210m WSW
                                             71 Kiltyclogher Road

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                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillor McGlone

                    I/05/1208/O      C Quinn                         Dwelling
                                     Next Door to
                                     12 Ballynasolus Road
                                     Corvanaghan
                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillor Glasgow

                    I/05/1233/F              B McIvor                 Dwelling
                                             240m S
                                             14 Killygarvan Road
                                             Donaghey

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors Glasgow, McGlone

                    I/05/1238/O              J Ferguson               Dwelling
                                             40m SSE
                                             35 Legmurn Road
                                             Stewartstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillors McCartney, McCrea

                    I/05/1242/F              S Wilson                 Dwelling
                                             23 Shivey Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

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                    Councillors Cassidy, Glasgow, McGlone

                    I/05/1301/F              G McCartney                     Dwelling
                                             340m SW
                                             27 Pomeroy Road
                                             Cookstown

                    An office meeting was agreed on the grounds that all material
                    planning considerations have not been assessed.

                    Councillor Wilson
         9.2        Consultation on Draft Planning Reform (NI) Order

                    A letter dated 28 October 2005 and Consultation on Draft Planning
                    Reform (NI) Order was received from the Planning Service.

                    Councillor Molloy requested a copy of the draft Order to prepare a
                    response for consideration by the Clerk/Chief Executive.

         9.3        Planning Applications/Third Party Appeals

                    Council NOTED receipt of a letter dated 25 October 2005 from
                    NILGA regarding third party rights of appeal for councils in relation to
                    planning applications.
10 CONSULTATIONS
         10.1       Roads Service – Draft Local Transport & Safety Measures
                    Programme

                    The Chairman welcomed the following officials from Road Services:-

                    Mr R Hamilton, Network Planning Manager
                    Ms M Hackett, Principal Engineer
                    Mr D Weir, Section Engineer

                    Mr Hamilton, Network Planning Manager, gave an update on the
                    present programme and outlined proposals for the 2005 to 2007
                    Network Development Priority List, on which he requested
                    comments before firming up his List when his budget would be
                    assured.

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                    Mr Hamilton answered queries from members relating to the above
                    Priority List, together with other matters in connection with roads in
                    the District and assured members that these matters would be
                    investigated and acted upon as necessary.

                    Council AGREED that the draft Priority List presented by Roads
                    Service was a suitable basis on which to plan the formal
                    Programme.

                    The Chairman thanked the officials for their attendance.

         10.2       Proposed Removal of Disabled Persons’ Parking Bay, Orritor
                    Crescent, Cookstown

                    A letter dated 18 August 2005 was received from Roads Service
                    regarding the above removal.

                    Councillor Quinn requested a site meeting with Roads Service to
                    discuss this matter.

         10.3       Road Traffic and Vehicles Roads (Speed Limit) Order (NI) 1997
                    Proposed 40MPH Speed Limit at Moneymore Road, Cookstown

                    Council NOTED receipt of a letter dated 11 October 2005 from the
                    Roads Service regarding the above.

         10.4       Proposed Waiting Restrictions & Loading Bays
                    Molesworth Street and Orritor Street, Cookstown

                    Council NOTED receipt of a letter dated 21 October 2005 from
                    Roads Service regarding the above.
         10.5       Draft Private Tenancies (NI) Order 2005

                    Council AGREED to refer the consultation document Draft Private
                    Tenancies (NI) Order 2005 issued by the Housing Policy Branch to
                    the Director of Environmental Health for a report and
                    recommendation.

         10.6       Recommendations to DARD for a Renewable Energy Policy

                    Council NOTED receipt of a letter and Consultation on


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                    Recommendations to DARD for a Renewable Energy Policy issued
                    by the Department of Agriculture and Rural Development.

         10.7       Warm Home Scheme

                    Council NOTED receipt of a quarterly update of the Warm Homes
                    Scheme Local Authority Report from Eaga Partnership.

         10.8       Draft Civil Partnership Regulations (NI) 2005

                    Council considered the Draft Civil Partnership Regulations (NI) 2005
                    and the Civil Partnership Act 2004 coming into effect 5 December
                    2005 introducing Civil Partnership Registration.

                    Following discussion Councillor McCrea proposed and Councillor
                    Lees seconded an objection to the introduction of civil partnerships.

                    Councillor Cassidy proposed that Council comply with the law
                    seconded by Councillor Molloy.

                    Following a show of hands 3 members voted for the objection and 9
                    members supported the introduction of Civil Partnership legislation in
                    the District.

                    The Council will afford the same provisions for civil partnership
                    registration as civil marriages.
         10.9       Basic Allowance for Councillors

                    Council NOTED receipt of a letter dated 25 August 2005 from Local
                    Government Division regarding the above.
         10.10      DDA Research – 2004/05 – Access to Northern Ireland Post
                    Offices

                    Council NOTED receipt of a letter from Postwatch NI regarding
                    access to Northern Ireland Post Offices.
         10.11      Consultation Document on Seat Belt Wearing in Buses and
                    Coaches

                    A letter dated 22 August 2005 and Consultation Document on Seat
                    Belt Wearing in Buses and Coaches was received from the


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                    Department of the Environment.

                    Council welcomed the proposals to introduce seat belts to buses and
                    coaches but expressed the view that the ‘3 for 2’ concession, which
                    allows three children to use two seats on buses until 2008 was too
                    long.

         10.12      Review of Rating Policy

                    Council NOTED receipt of Proposal for a Draft Orders in Council
                    The Rates (Capital Values, Etc) (NI) Order 2005 and Non Domestic
                    Charitable Exemptions & Reliefs From Rate Liability in Northern
                    Ireland.
         10.13      Recoupment of Drainage Infrastructure Costs
                    Consultation on a Proposed Policy for Charging

                    Council NOTED receipt of a Recoupment of Drainage Infrastructure
                    Costs - Consultation on a Proposed Policy for Charging issued by
                    the Department of Agriculture and Rural Development.

         10.14      Local Government (2005 Order) (Commencement No 1) Order
                    (NI) 2005

                    Council NOTED receipt of a copy of Local Government (2005 Order)
                    (Commencement No 1) Order (NI) 2005 which comes into effect on
                    1 November 2005.

11 SEMINARS & CONFERENCES
         11.1       Towards Resource Management

                    Council AGREED to the attendance of Councillors Cassidy, Greer,
                    McAleer, McCrea, McGarvey, McNamee and two officers at the
                    above consultation event organised by NILGA on 29 November 2005
                    in the Burnavon Arts Centre, Cookstown.

12 FINANCE MATTERS

         12.1       Somme Association

                    To consider renewal of subscription to the Somme Association at a
                    cost of £350.00 plus VAT.


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13 RESOLUTIONS FROM COUNCILS AND OTHER BODIES

    Council NOTED receipt of the undernoted Resolution:-

         13.1       Carrickfergus Borough Council – Winter Fuel Payments
14 NOTICE OF MOTION

    To consider the following Notice of Motion in the name of Councillor Wilson

    ”That this Council gives its full support to the retention of the Stewartstown
    Primary school, presently threatened with closure.

    The school has served the community for many generations and its closure would
    represent an enormous backward step for education in the Stewartstown area.”

    Council AGREED unanimously to support the motion and to write to the Minister
    and Southern Education & Library Board opposing the closure.

    Councillor McAleer stressed the importance of supporting all local schools and
    the need for a collective political voice at the Education and Library Board in
    opposing such closures.
15 ANY OTHER BUSINESS
         15.1       Tenders

                    Six companies were invited to quote for a 42” television complete
                    with applicable floor stand, DVD recorder and VHS recorder, all
                    complete with 3 years warranty and all of a similar brand and colour.

                    Four quotations were received:-

                    Company                                         Amount

                    PC World Business                               £1,917.88
                    PH Appliances                                   £2,170.00
                    Niavac                                          £2,470.00
                    Dell                                            £1,742.00

                    PH Appliances and Niavac met the specification requested.



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         15.2       On the proposal of Councillor McGarvey, seconded by Councillor
                    Cassidy it was AGREED to accept the tender submitted by PH
                    Appliances at a cost of £2,170.00.

The meeting ended at 9.45 p.m.




                                             __________________________

                                                      Chairman




                           __________________________________
                                    Clerk/Chief Executive




_____________________

         Date




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TABLED FOR INFORMATION
Minutes


Southern Education & Library Board
      1 September 2005
      2 October 2005

Northern Group Systems
      9 March 2005

REPORTS

Workers’ Education Association
      Annual Report 2004/06

Roads Service
      Annual Report & Accounts 2004/05

Roads Service
      Travel Survey for Northern Ireland 2002-2004

Rural Development Council
       Newsletter

Northern Ireland Commissioner for Children and Young People
      Corporate Plan 2005-2008

Regional Partnership Board
      A New model of Partnership

Environment & Heritage Service
       Annual Report 2004/05

Northern Ireland Policing Board
      DPP News Letter Autumn 2005

Rivers Agency
       Annual Report/Accounts 2004/05

Office of the First Minister and Deputy First Minister
       Ninth Annual Report on Public Appointments

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11 October 2005                                Page 20 of 20
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