MINUTES OF THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON MONDAY 22 OCTOBER 2007 AT 7.15PM
In the Chair: Councillor M Black
Members Present: Councillors O Black, S Blaney, W Graham, H A Harding, G Hartin, C McCambridge, A P McConaghy, R D McDonnell, R A McIlroy, O McMullan, C McShane and C Newcombe.
Also Present: Mr R G Lewis, Clerk and Chief Executive
Mrs M Quinn, Assistant Chief Executive and Head of Corporate Services
Mr D Kelly, Head of Building Control
Mr P Mawdsley, Head of Environmental Health and Enforcement
Mrs E Mulholland, Head of Development
Representatives of McFall Construction
Ms McMath, Planning Service
Mrs K McCaw, Administration Officer
07/25:01 APOLOGIES AND CHAIRMAN’S BUSINESS
Apologies
Apologies were received on behalf of Councillor McAllister.
Chairman’s Business
Councillor M Black referred to the resignation of Councillor McConaghy as Chairman and as a member of the DPP. She reminded members that the Political Appointment date had been set as 1 December 2007.
After discussion, it was agreed that the Political Appointment date would be unchanged.
Special Council Meeting with the Planning Service
After discussion, it was agreed that a Special Council meeting would be held on 5 November 2007 at 10.30am to meet with the Planning Service. It was also agreed that the Clerk and Councillor M Black would meet with the Planning Service prior to the meeting.
In reply to members queries, the Clerk stated that he would investigate the possibility of obtaining a copy of the Planning Service file regarding Seaport Investments application for members to view prior to the Special meeting.
National Association of Councillors
Councillor Blaney referred to a recent meeting of the National Association of Councillors and pointed out that Moyle District Council was the only Council with only three representatives on the Association and that all other Councils had four representatives.
Councillor McMullan pointed out that official notification should be received from the National Association of Councillors regarding the number of representatives before a further representative was agreed.
After discussion,
Councillor Blaney proposed
Seconded by Councillor Harding and resolved
“That it would be agreed in principle that Councillor McConaghy be nominated as the fourth representative on the National Association of Councillors”.
07/25:02 MINUTES OF THE COUNCIL MEETING HELD ON 24 SEPTEMBER 2007
The minutes of the Council Meeting held on 24 September 2007, having been circulated were taken as read.
After discussion,
Councillor McConaghy proposed
Seconded by Councillor Blaney and resolved
“That the minutes of 24 September 2007 be adopted”.
07/25:03 MATTERS ARISING FROM THE MINUTES
Dundarave Mural
In reply to Councillor McConaghy, the Head of Development stated that a deadline of six weeks had been given for the Dundarave Mural to be erected.
It was also agreed that the reasons why the gates at Dundarave play area were padlocked would be investigated.
Giants Causeway & Bushmills Railway Co
In reply to Councillor McMullan, the Clerk stated that the lease regarding the Giants Causeway & Bushmills Railway Co would be included in the next Corporate Services Report.
The Closure of Facilities at Rathmoyle
In reply to Councillor Newcombe, the Clerk stated that a reply had not yet been received from the N H & S Care Trust regarding the closure of facilities at Rathmoyle.
Moyle Road Safety
In reply to Councillor McConaghy, the Clerk stated that a response had not been received from the Moyle Road Safety Committee.
Give Way Signs Bushmills
After discussion, it was agreed that a letter would be sent to the Department of Environment, Roads Service, informing them that the giveway signs in the Bushmills area had been turned round.
07/25:04 APPLICATIONS FOR PLANNING PERMISSION
Councillor M Black welcomed Ms McMath, Planning Officer, to the meeting.
E/2007/0012/RM Mg Development, C/o Dimensions Chartered Architects, Fernagh, 31 Saintfield Road, Belfast, BT8 6AF. Location, Lands 130m north of 20 Kilmahamogue Road, Islandboy, Moyarget, Ballycastle. Proposed dwelling and garage.
E/2007/0178/LB Mr W Cochrane, 29 Main Street, Bushmills, Location 29 Main Street, Bushmills. Proposed replace defective flat roof covering at rear with mono-pitch slated finish and replace ex front elevation windows.
E/2007/0179/F Mr W Cochrane, 29 Main Street, Bushmills, Location 29 Main Street, Bushmills. Proposed replace defective flat roof at rear with mono-pitch.
E/2007/0185/LB Mr & Mrs S B Killough, ‘Shangarry’ 45 Quay Road, Ballycastle, BT54 6BJ. Location ‘Shangarry’ 45 Quay Road, Ballycastle, BT54 6BJ. Proposed Sub division of existing house to form 2 bedroom self-contained unit for family use, involving the removal of 2 no. windows and replacement with 2 no. TG&V doors. Work shall also involve the installation of 5 no. new rainwater downpipes to elevations.
E/2007/0204/F Mr & Mrs S B Killough, ‘Shangarry’ 45 Quay Road, Ballycastle, BT54 6BJ. Location ‘Shangarry’ 45 Quay Road, Ballycastle, BT54 6BJ. Proposed Sub-division of existing house to form additional 2 bedroom self contained unit for family use.
E/2007/0216/F Lamu Ltd, C/o Bell Architects, 65 Main Street, Ballymoney, BT53 6AN. Location 8 Larrybane Park, Ballintoy. Proposed extension and refurbishment of dwelling.
E/2007/0248/LB Mr R & P Dickson, 25 Rathlin Road, Ballycastle, BT54 6AG. Location 43 Ann Street, Ballycastle. Proposed basement – change of use from kitchen to engraving and trophy showroom/workshop. Alterations to shop front with new shutters and shop sign. Removal of ground floor stair and new external stair from basement to first floor.
E/2007/0254/A Mr R & P Dickson, 25 Rathlin Road, Ballycastle, BT54 6AG. Location 43 Ann Street, Ballycastle. Proposed shop sign.
E/2007/0269/F Mr R & P Dickson, 25 Rathlin Road, Ballycastle, BT54 6AG. Location 43 Ann Street, Ballycastle. Proposed basement – change of use from kitchen to engraving and trophy showroom/workshop. Alterations to shop front. Removal of ground floor stair and new external stair from basement to first floor.
E/2007/0272/F Mr Donnelly, ‘Portcampley’, 8 Harbour Road, Ballintoy, Ballycastle. Location 8 Harbour Road, Ballintoy, Ballycastle. Proposed relocation of site access road from Harbour Road (original site access approved 19 September 2006)
There were no objections to the above ten applications, they were recommended for approval.
E/2007/0292/0 Mr & Mrs Walsh, 2 Drumavoley Grange, Ballycastle, BT54 6MZ. Location 2A Drumavoley Grange, Ballycastle, BT54 6MZ. Proposed 2 storey dwelling with integral double garage.
Ms McMath stated that there had been seven representations regarding this application, which was recommended for refusal as it was contrary to PPS7, Quality Residential Environments and DES2 of PSRNI, overdevelopment of the site, impact on residential amenity and tandem development.
E/2007/0296/F Mr & Mrs S McShane, 42A Main Street, Ballintoy, BT54 6LX. Location lands to the rear of 42a Main Street, Ballintoy. Proposed single storey extension to existing hostel to provide additional toilet facilities at rear.
There was no objection to the above application, it was recommended for approval.
Appeal Decisions Notified
E/2005/0093/F Alastair McHenry Construction Ltd. Location opposite Clare Park, Clare Road, Ballycastle. Proposed housing development with associated roadways, landscape and public footpath along Clare Road.
E/2005/05410/0 Tesco Stores. Location lands between Leyland Heights and Ramoan Road, Leyland Road, Ballycastle. Proposed retail development with ancillary uses and associated site, access works and petrol filling station (Re-advertisement – description amended to include petrol filling station).
Appeal Dates Notified
E/2006/0109/0 Mr J Getty, 110m North of 85 Haw Road, Bushmills. Proposed site for the erection of dwelling.
Ms McMath informed members that there was no date as yet for this Appeal
07/25:05 BUILDING CONTROL REPORT
The Building Control Report having been circulated was taken as read.
New Application for Amusement Permit
The Head of Building Control (HBC) informed members that a new application had been received from Mr David McAuley, Ballycastle for an amusement permit at 42B Castle Street, Ballycastle. He pointed out that this application had been advertised in the local press to facilitate the required twenty-eight days consultation period which expired on 7 November 2007.
In reply to member’s queries, the HBC stated that this had been quite a contentious application but had fulfilled all the requirements to date. He informed members that correspondence circulated from Mr Graham should be discussed when the application comes back to Council.
After discussion,
Councillor McMullan proposed
Seconded by Councillor McCambridge and resolved
“That legal advice would be sought regarding the new Application for Amusement Permit at 42B Castle Street, Ballycastle”.
After further discussion,
Councillor McConaghy proposed
Seconded by Councillor Blaney and resolved
“That the Building Control Report be adopted”.
07/25:06 ENVIRONMENTAL HEALTH AND ENFORCEMENT REPORT
The Environmental Health and Enforcement Report having been circulated was taken as read.
Dog Attack – Manister Road
The Head of Environmental Health and Enforcement (HEE) referred to the report and stated that following the dog attack on a social worker at Manister Road, Mosside, the dog had been surrendered to Wildlife NI. The occupier of the house had moved to England and following an attempt by the occupier’s partner to reclaim the dog, it had transpired that the dog had never been licensed and therefore could not be reclaimed.
He pointed out that it had also come to the Environmental Warden’s notice that the dog had bitten other social work staff, and that the partner had subsequently agreed that the dog be put down.
After discussion, it was agreed that a formal caution be issued to the partner of the occupant of the Manister Road premises, regarding the dog attacks.
Enforcement
The HEE informed members that one of the offences reported last month had the incorrect date of the offence.
After discussion, it was agreed to Institute legal proceedings under Article 22 of the Dogs (NI) Order 1983 regarding a dog straying at the Seafront, Ballycastle on 28 July 2007.
Anti-Social Behaviour
The HEE referred to correspondence from Chief Superintendent Will Kerr, H District Commander, requesting Council’s approval for regular meetings of Senior Council, Northern Ireland Housing Executive and PSNI staff, and pointed out that the aim was to share information and plan actions by all agencies to target anti-social behaviour.
He stated that to facilitate this information-sharing a protocol for agreement would have to be signed up to by the 3 interested parties. He also pointed out that the protocol had already been agreed on a province-wide basis by the NIHE, PSNI and SOLACE.
After discussion,
Councillor McIlroy proposed
Seconded by Councillor M Black
“That the Council would meet with other agencies, and sign up for the information-sharing protocol regarding anti-social behaviour”.
Councillor McMullan pointed out that if members signed up to the sharing protocol details regarding sexual offences could not be obtained.
Councillor O Black stated that there were valid reasons why this information could not be shared with the community.
Councillor McMullan referred to Annexe 2 which stated that information could not be shared regarding cases involving risks or threats to a person and suggested that further clarification should be sought.
Councillor McDonnell stated that it would be impertinent to ask for this information from the DPP.
After further discussion,
Councillor McMullan proposed an amendment
Seconded by Councillor McShane
“That Council would not accept the two paragraphs within Annexe 2 stating that information could not be shared regarding cases involving risks or threats to a person”.
Councillor McMullan requested a recorded vote.
On a recorded vote being taken on the amendment, Councillors Newcombe, McShane and McMullan voted in favour and Councillors Graham, Harding, Hartin, M Black, McCambridge, McConaghy, McDonnell and McIlroy voted against the amendment which was lost. Councillors O Black and Blaney abstained.
On a vote being taken on the proposal, there were seven votes in favour and four votes against the proposal which was carried.
After further discussion,
Councillor O Black proposed
Seconded by Councillor M Black and resolved
“That the Environmental Health and Enforcement Report be adopted”.
07/25:07 DEVELOPMENT SERVICES REPORT
The Development Services Report having been circulated was taken as read.
Cushendall Marina
The Head of Development (HD) stated that representatives from McFall Construction were in attendance and would give an update on the progress of the Cushendall Marina development.
Representatives of Scott Wilson Engineers, Neil McCullough, David McKillen, Sam Philips, Venture International Mark Conway, McFall Construction Gerry McFall and Coleen McFall were introduced and Councillor M Black welcomed them to the meeting.
Mr Wilson gave a brief presentation to Council, which included a number of slides highlighting a detailed plan of how the proposed Marina would look following its completion.
He informed members that a planning application would be forwarded to the Planning Service that week.
Mr Wilson gave details of traffic access, the relocation of a number of static caravans and the provision of car parking that would be required to enable the project to proceed.
He also gave details of a control building which would include provision for a ground floor cafeteria, kitchens and toilet facilities and would have accommodation for an onsite controller.
Mr Wilson informed members that following a meeting with the Planners on 18 June 2007, detailed plans regarding the breakwater had been requested. He also informed members that the plans would be submitted to the Planners on 26 October 2007.
Mr Wilson stated that work would commence at the end of September 2008, and would be completed by December 2010.
In reply to Councillor Harding, Mr McCullough stated that to allow the development to proceed there would have to be some relocation of caravans.
In reply to Councillor McIlroy, Mr McCullough stated that traffic surveys had been carried out and that the Roads Service would consult with them if junction improvements were required. He also stated that Environmental assessments had been carried out.
Having answered members other queries, Councillor M Black thanked Mr Wilson for his detailed presentation and wished Mc Fall Construction well with the project.
Members were in agreement with these comments.
Rural Development
The HD informed members that the Department of Agriculture had informed Council that the Minister had made the decision that self-defined clusters of local Councils should take the lead in establishing the new Local Action Group which would deliver axis 3 and part of axis 1 of the new Rural Development Programme.
She referred to the report and stated that following a meeting with Department officials and five other North Antrim Councils a number of points had been clarified including; the population of clusters which would be between 5k and 150k of rural dwellers and excluded settlements that had more than 4.500 population, and Ballycastle would therefore not be eligible; criteria for awarding the global grant to clusters; an allowance of 20% for administration of the funding; the loss of funding if not spent within time restraints; a Joint Committee which Council must form and nominate a lead Council.