Council Minutes

Environmental Services Committee - 08/02/2005

8th February 2005

Minutes of the proceedings of a Meeting of the ENVIRONMENTAL SERVICES COMMITTEE held in the Council Chamber, Council Offices, The Grange, Mountjoy Road, Omagh on TUESDAY, 8 FEBUARY 2005 at 7.05 pm

PRESENT:

Presiding Chairman: Councillor B McElduff MLA

Other Members: Councillors:

S Begley P McDonnell
T Buchanan MLA P McGowan MBE
J Byrne R McKelvey
S Clarke G O’Doherty
J Deehan A Rainey MBE
O C Gibson S Shields
P Kelly P Watters
M McAnespie B Wilson

In Attendance:
Clerk and Chief Executive
Chief Environmental Health Officer
Chief Client Services Officer
District Chief Building Control Officer
Committee Administrator

Mr Seamus Mullen, Investing for Health Partnership

Apology: Councillor J McLaughlin

OMAGH ETHNIC COMMUNTIES SUPPORT GROUP - TSUNAMI DISASTER FUNDRAISING CONCERT (CL/1)

IN RESPONSE: to a query from Councillor Rainey with regard to the sale of tickets by members for the Omagh Ethnic Communities Support Group fundraising concert in aid of the Tsunami Disaster the following evening in Omagh Leisure Complex, members provided some feedback with regard to ticket sales.
Members also spoke of their intentions to support the event by either attending the concert or by giving donations. It was noted, however, that Councillor Shields was unaware of receiving any tickets to sell.

Councillor McDonnell entered and Councillors Clarke and Begley left the meeting at this juncture.

1 TO RECEIVE PRESENTATION FROM MR SEAMUS MULLEN, INVESTING FOR HEALTH PARTNERSHIP, REGARDING THE WORK OF THE INVESTING FOR HEALTH PROGRAMME
(EH/1, VB/23/1)

WELCOME: was extended to Mr Seamus Mullen, Assistant Manager, Investing for Health Partnership (IFH), who was then invited to address members regarding the work of the IFH programme.

WITH THE AID: of a powerpoint presentation, Mr Mullen advised that IFH was divided into four areas of which the Western Investing for Health Partnership was responsible for the WHSSB and Sperrin Lakeland Trust areas adding that its membership comprised representatives from the voluntary, community, statutory and private sectors. He outlined the aims and objectives of IFH and the areas of health it was currently addressing, which, he advised, were not solely directed towards the health sector. He then explained that a number of health issues were affected indirectly by issues which were outside the remit of IFH, therefore, the assistance of other bodies was required. Examples include addressing areas of deprivation, unemployment and unfit housing, he said. In referring to statistics provided by the Director for Public Health, he advised that the WHSSB area had a 43% higher death rate of children between the ages of 0-14 therefore IFH was trying to identify ways to prevent such incidents, for example, addressing farm accidents with the help of the Department of Agriculture and Rural Development. Mr Mullen then highlighted specific inequalities in the Omagh area as well as areas of health where Omagh had fared more positively compared to the rest of the Western area and Northern Ireland in general.

Councillor Watters entered the meeting at this juncture.

IN CONTINUING: his presentation, Mr Mullen outlined the Western IFH Strategic Plan, together with its vision and mission. He then spoke of the strategic roles of IFH, ie, ‘lead partner’ in projects; as ‘funder’ investing and drawing in funds; as ‘agenda setter’ encouraging others to focus upon an issue; and most importantly, as an ‘influencer’ bringing together others around a common agenda. IFH was currently focusing on four themes so as to address its objectives, he said, adding that the priorities of these four themes were; to address obesity and physical activity in the early years; to focus on life skills and academic qualifications of teenagers; to address stress and emotional wellbeing, particularly in the workplace; and to focus on Active Aging, such as through telecare work in conjunction with Sperrin Lakeland Trust. He then outlined other projects carried out by IFH within the Omagh area including a business support partnership with Western Group Environmental Health, a Home Safety Programme and the Area Plan. With regard to involvement in a play environment strategy, he advised that a project had been piloted in the Derry City Council area whereby IFH identified innovative methods of play to make better use of natural resources rather than the Council continually building play areas. Next year it was hoped that this scheme would be implemented across the Fermanagh area, he said.

IN CONCLUDING: his presentation, Mr Mullen sought the Council’s continued assistance in promoting the work of the IFH and to identify further partnership arrangements to promote a healthier life in the Western area.

EXPRESSED: by Councillor Deehan, her appreciation at the work carried out by IFH and Omagh District Council in supporting various health initiatives in the past, such as Surestart and the drug and alcohol awareness programme. She then sought further details regarding the promotion of the play environment scheme. In response, Mr Mullen advised that the rationale of the scheme was to examine natural resources in the area to promote play, eg the development of walkways through woodland, thus reducing the need for funding to be spent on building play areas. He further advised that the strategy was examined by a play consultant prior to its introduction and that it was hoped that all five District Councils would give consideration to implementation of this strategy.

IN RESPONSE: to members’ queries, Mr Mullen advised that membership of the IFH Partnership did not include any elected representatives from the five Councils involved, however, the Councils were represented by Environmental Health Officers such as Mr Gerry Harte. In respect of involvement by Roads Service officials, he advised that representatives of such organisations, could be included within the structure of sub-committees on an ad hoc basis for consideration of specific projects, eg such as improving the walking infrastructure in villages thus promoting a healthier lifestyle, as suggested by Councillor McElduff. In response to comments made by Councillor Shields regarding cardiac surgery waiting lists and the number of people referred for heart by-pass operations, Mr Mullen advised that IFH focused on the underlying factors of cardiac heart disease and preventative measures and had no input to the issues raised by Councillor Shields. He further advised that WHSSB had seconded a person to study determinants relating to long waiting lists and undertook to forward Councillor Shields’ comments to WHSSB. With regard to Councillor O’Doherty’s comments regarding comparison studies of mortality ratios and the impact of paediatric services on these figures between the Omagh district and the Western area, Mr Mullen advised that WHSSB had conducted a profile study across the 26 councils and that, following verification of the information by the Director of Public Health, it would be presented to the ODC/WHSSB Liaison Committee. In response to comments from Councillor Watters regarding health issues associated with schoolchildren carrying heavy schoolbags, Mr Mullen undertook to raise the issue of the supply of school lockers via the WELB/IFH project which, hopefully, he said, could lead to investigation of this issue at a higher strategic level within the Western Education and Library Board.

APPRECIATION: was conveyed to Mr Mullen for his comprehensive report.

NOTED: that a handout of the presentation would be circulated to members for future reference.

Councillor Wilson and Mr Mullen left and Councillors Clarke and Begley re-entered the meeting at this juncture.

AGREED: that agenda item 5, Report of Chief Environmental Health Officer, be taken at this juncture.

2 REPORT OF CHIEF ENVIRONMENAL HEALTH OFFICER
(APPENDIX I) (EH/5)

PREVIOUSLY CIRCULATED: the above report.

2.1 Consumer Protection Investigation – Flammability of Knitting Wool (EH/3)

OUTLINED: by the Chief Environmental Health Officer, additional details regarding action taken by the Environmental Health Department and West Yorkshire Trading Standards Service to deal with the particular incident whereby knitting wool was found to be most unsatisfactory when tested in relation to flammability. The Chief Environmental Health Officer advised that tests were carried out by the firm in Yorkshire and also by the Trading Standards Service and, although there were no legal requirements regarding this product, when tested against standards applicable to flammability of nightwear, the results were such that the firm decided to remove all stocks from sales outlets. The firm had also advised West Yorkshire Trading Standards Service that they intended to re-engineer the product to ensure its safety regarding flammability.

WELCOMED: by Councillor Deehan, action taken by the Environmental Health Department and by the West Yorkshire Trading Standards Service to address this very serious issue concerning consumer safety.

Councillor McGowan entered the meeting at this juncture.

2.2 Revocation of Approval of a Standalone Dairy Establishment Approved Under the Dairy Products (Hygiene) Regulation (NI) 1995 (CL/1,ED/1)

IN REFERRING: to the closure of Lakeland Dairies (Omagh) Ltd, Councillor Rainey expressed his regret that this establishment had ceased to trade. He then spoke of the increased pressure that smaller creameries would experience given that higher milk levels would need to be absorbed by these creameries.

RECOMMENDED: approval of the recommendation as outlined in the Chief Environmental Health Officer’s report.

RECOMMENDED: adoption of the Report of the Chief Environmental Health Officer (Appendix I).

3 REPORT OF CHIEF CLIENT SERVICES OFFICER (APPENDIX II) (AD/34)

PREVIOUSLY CIRCULATED: the above report.

CIRCULATED: addendum to the above report.

3.1 Waste Management (CS/4,11)
Revised Commercial Waste Charges

IN RESPONSE: to comments from Councillor O’Doherty with regard to the introduction of an aggregate charging system for small businesses, the Chief Client Services Officer referred to investigations that were currently underway with regard to identifying a suitable method of reducing commercial waste and maximising the recycling of material. He then undertook to take into consideration Councillor O’Doherty’s comments when addressing this issue following which a report would be brought to the Environmental Services Committee.

RECOMMENDED: approval of the recommendation as outlined in the Chief Client Services Officer’s report.

3.2 Demolition Contract (RS/10)

REPORTED: by the Chief Client Services Officer, that correspondence providing the required insurance details to proceed with the above contract had now been received from the contractor who had submitted the lowest quote and that he now wished to withdraw his recommendation and to proceed with the original recommendation to accept the lowest quotation.

NOTED.

3.3 Abandoned Vehicle Contract (CS/2)

UNDERTAKING: was given by the Chief Client Services Officer, following requests from Councillor McGowan, to investigate and remove an abandoned vehicle at Omagh Leisure Complex and from Councillor McDonnell to remove abandoned vehicles at Pigeon Top and at the junction of Creaghmore Road and Drumrawn Road, Drumquin.

CLARIFICATION: was sought by Councillor Rainey, on behalf of Councillor Wilson, regarding the possible implementation of a scheme to remove abandoned vehicles which had been raised previously by Councillor Wilson and of any benefits available to those who wished to dispose of a number of vehicles. In response, the Chief Client Services Officer advised that, currently, private owners could receive a reasonable market value for scrap metal, however, this market was extremely volatile. In respect of the abandoned vehicle contract outlined in his report, he advised that the benefit of signing up to this contract was that the recovery cost was fixed irrespective of changes to the market value of scrap metal.

RECOMMENDED: approval of the recommendation as outlined in the Chief Client Services Officer’s report.

3.4 Traffic Calming – Lisanelly Avenue, Omagh (RC/19/4, CP/9)

IN RESPONSE: to members’ comments, the Chief Client Services Officer advised that the location of a wide ramp adjacent to the Council’s play area entrance would assist in reducing the parking of vehicles in this area, thereby creating a safer crossing point for children. Members suggested that every effort be made to ensure that the area was adequately signposted to raise awareness of both pedestrians and drivers.

IN REFERRING: to the frequent use of the play area’s car park by work contractors, Councillor Shields pointed out that the demand to use this car park by play area users would greatly increase in Spring and Summer months. He then suggested that, in the event the contractors’ vehicles were associated with work at Omagh College, this issue should be brought to the attention of the College as it had leased the rear car park for use by the College.

SUGGESTED: by Councillor McGowan, that Omagh College also be advised of difficulties being experienced by pedestrians when walking from the junction of Sedan Avenue with Mountjoy Road to Abbey Bridge most evenings due to vehicles being parked along the footpath. It was believed, he said, that some of these vehicles belonged to users of Omagh College.

RECOMMENDED: (i) approval of the recommendation of the Chief Client Services Officer; and (ii) that a letter be sent to Omagh College highlighting issues raised by members outlined above.

3.5 Omagh Environmental Improvement Project (EI/2/10)

IN RESPONSE: to a request from Councillor Gibson regarding the pedestrianisation of Bridge Street, the Chief Client Services Officer advised that consideration had been given to pedestrianisation of Market Street at the beginning of the project’s planning stage, however, he said, following extensive consultations, public meetings and open sessions with the consultants involved in the process, it had been concluded that traffic flow should continue through the town centre. In respect of comments from Councillor McElduff, the Chief Client Services Officer advised that there had been an extensive consultation process which allowed all sections of the community, including representatives from the Blind Centre, to express their views on the project. He added that, consequently, no objections to the planning application had been lodged.

RECOMMENDED: approval of the recommendation as outlined in the report of the Chief Client Services Officer.

Councillor Byrne left the meeting at this juncture.

3.6 Local Government (Miscellaneous Provisions) Order 1985 (RS/12)

3.6.1 Licensing of Places of Entertainment

IN RESPONSE: to a query from Councillor O’Doherty regarding the timescale involved in introducing new licensing laws in Northern Ireland, the Chief Client Services Officer advised that, normally, there was a considerable delay between the introduction of legislation in England and Wales and its introduction in Northern Ireland. He then advised that a consultation process would be carried out prior to any legislation being introduced.

NOTED.

3.6.2 Local Government (Miscellaneous Provisions) Order 1985 Article 4, Schedule 2

FOLLOWING DISCUSSION: of the recommendation, it was agreed, unanimously, that the Council should adopt the relevant section of legislation as outlined in the report of the Chief Client Services Officer.

RECOMMENDED: that the Council agree to the adoption of Article 4 Schedule 2 of the Local Government (Miscellaneous Provisions) Order 1985 in order to provide the Council with the appropriate legislative cover.

3.7 Cinema (Northern Ireland) Order 1991 (RS/12)
Renewal of Cinema Licence

COMMENDED: by Councillor McGowan, the efforts made by the proprietor of the local cinema in continuing to provide a very popular entertainment facility in Omagh.

NOTED.

3.8 Play Areas (RC/20)
Mountfield Play Area (EI/2/9)

WELCOMED: by Councillor Clarke, the above initiative whereby Omagh District Council had consulted with local community organisations with regard to enhancing the local play area through joint funding. He then advised that Councillor McAleer wished to add his support to this scheme.

RECOMMENDED: approval of the recommendation outlined in the Addendum to the Chief Client Services Officer’s report.

RECOMMENDED: adoption of the Report of the Chief Client Services Officer (Appendix II), together with the addendum, subject to the foregoing.

3.9 Various Requests

UNDERTAKING: was given by the Chief Client Services Officer to address/investigate the following issues and to report back to future meetings of the Committee:

(a) Update regarding Tattyreagh Play Area (RC/20)
(Councillor McElduff)

(b) Provision of a bottle bank at the Hospital Road Community Centre, Omagh (CS/12)
(Councillor Buchanan)

(d) Relocation of temporary changing rooms currently in close proximity to Dromore Presbyterian Church (RC/23/1, CP/9)
(Councillor Buchanan)

(e) Elimination of litter problem experienced at Campsie Court/Campsie Crescent and investigation of a dangerous wall, including the possibility of additional lighting in the Campsie Crescent area (CS/7)
(Councillor Buchanan)

Councillor Gibson requested that, in the event work was required to maintain the wall surrounding the play area in Campsie Crescent, due care be exercised given that a Coat of Arms was present on either side of the entrance pillars

(f) Update regarding O’Kane Park play area and the possibility of the project being developed simultaneously with a project by North West Housing (RC/20)
(Councillor Begley)
(g) Update regarding proposed action to alleviate loitering and vandalism at CKS Community Centre (CSV/4/1)
(Councillor Begley)

(h) Funding for changing rooms at Strathroy playing fields (RC/20)
(Councillor Begley)

(i) Removal of offensive graffiti on the gable wall of a house facing King James’ Bridge, Omagh (MISC/10)
(Councillor McGowan)

IN RESPONSE: to a request from Councillor Begley regarding a progress report on work at Strathroy Community Centre, the Chief Client Services Officer advised that work on the new extension would commence following completion of a few structural issues which, hopefully, would be addressed in the very near future.

4 REPORT OF DISTRICT CHIEF BUILDING CONTROL SURVEYOR (APPENDIX III) (RS/5/2)

PREVIOUSLY CIRCULATED: the above report.

CIRCULATED: addendum to the above report.

NOTED: that Council Powers had been delegated to the Environmental Services Committee to deal with the following item.

4.1 Unapproved Developments

4.1.1 UD/2004/0024 – Messrs Cunningham, McKibben, Maguire

RESOLVED: that the District Chief Building Control Surveyor’s previous recommendation to instigate legal action be approved.

4.1.2 UD/2004/0025 – Mr Michael King, Mr Richard Tsang

ADVISED: by Councillor Kelly, that he had been unable to contact the owner who was currently outside the district, therefore, he proposed that this matter be deferred for one month to allow him a further opportunity to make contact. This proposal was seconded by Councillor McDonnell. Councillor Rainey, however, expressed his reservations regarding this unapproved development given that other restaurant owners in the area had complied with procedures. He then expressed the view that, in the event Councillor Kelly was again unable to make contact with the owner, legal action should be pursued.

RESOLVED: that the recommendation be deferred for one month to allow Councillor Kelly a further opportunity to encourage submission of the relevant information.

Councillors McDonnell and O’Doherty left the meeting at this juncture.

4.2 UD/2004/0022 – Mr & Mrs John Crawford

REPORTED: by the District Chief Building Control Surveyor, that information had now been received in respect of the above development and that he wished to withdraw his recommendation.

NOTED.

4.3 Postal Naming and Numbering (RS/15)

4.3.1 Erection of two new Dwellings off Main Street, Mountfield

RECOMMENDED: following discussion, that the development road be named ‘School Lane’.

4.3.2 Naming of a Link Road between Killymore Road and Liscabble Road

ADVISED: by Councillor Rainey, that Councillor Wilson undertook to liaise with the occupier of the sole dwelling on the above link road and to provide an update for the District Chief Building Control Surveyor regarding this matter as soon as possible.

NOTED.

4.3.3 Erection of 37 Dwellings at Drumnakilly Road, Cranny, Omagh

RECOMMENDED: on the proposal of Councillor McKelvey, seconded by Councillor Gibson, that the above development be named ‘Crannyfield’ given that the development was situated within a single field.

4.4 Dangerous Structures (RS/10)
Boundary Wall at Dunmoyle Church, Shane Road, Sixmilecross

DISAPPOINTMENT: was conveyed by Councillors Gibson and Shields at the demolition of Dunmoyle Church which had had a strong connection to the history of the area and had been mentioned on numerous occasions in historic issues published in the Irish News.

IN RESPONSE: to members’ comments, the District Chief Building Control Surveyor advised that the decision to demolish Dunmoyle Church had been taken by the owner given that the building had suffered substantial damage following the removal of the roof slates. Unfortunately, he said, the ornate decoration and plaques were beyond repair, however, he added, a decision had been taken by the owner to retain the headstones and to fence the area so as to protect these memorials.

NOTED.

Councillor McGowan left the meeting at this juncture.

4.5 Property Management (CP/9)

4.5.1 Lands at Sixmilecross Primary School, Meetinghouse Road, Sixmilecross
WELB –to- ODC

WELCOMED: by members generally, progress of the above land acquisition so as to develop necessary play provision which, it was felt, would add to the environmental improvement scheme currently underway in the area.

IN RESPONSE: to a query from Councillor Rainey, the District Chief Building Control Surveyor advised that the area outlined for development would be adequate to provide a play area, but not a kick-a-round area.

RECOMMENDED: approval of the recommendation as outlined in the report of the District Chief Building Control Surveyor

4.5.2 Lease of Office Accommodation at Omagh Agricultural Complex
ODC –to- National Farmers Union

IN RESPONSE: to a query from Councillor McAnespie, the District Chief Building Control Surveyor outlined the proposed works to be carried out adding that further investigations were being carried out to ascertain the full requirements to complete the project.

WELCOMED: by Councillor Gibson, an opportunity to further develop the commercial viability of the complex. He then suggested that rental charges across the whole complex be reviewed given that the farming industry had now overcome difficulties experienced as a result of the BSE crisis and that it was no longer necessary for the Council to continue to subsidise rental charges for the complex.

RECOMMENDED: approval of the recommendation as outlined in the report of the District Chief Building Control Surveyor.

4.5.3 Unauthorised Erection of Memorial on Council Lands at Dromore

OUTLINED: by the District Chief Building Control Surveyor, details regarding a request from Dromore Memorial Committee to secure a section of Council land at Dromore and of a legal opinion obtained in respect of the disposal of such land.

PROPOSED: by Councillor Watters, seconded by Councillor Clarke, that ownership of this section of Council land be transferred to Dromore Memorial Committee under conditions deemed appropriate by the Council.

DISCUSSION: ensued during which Councillor Buchanan expressed the view that, as the land in question had belonged to the Church of Ireland, it was sacred ground. The erection of a memorial of this nature on sacred ground was unacceptable to the Protestant community, he said, adding that it would be more appropriate to relocate the memorial to parochial grounds. He then proposed that the Council do not transfer ownership of the land to Dromore Memorial Committee. This was seconded by Councillor Gibson who advised that he had received representations from members of the community who had found the location of the memorial offensive adding that its relocation to more appropriate grounds would allow commemoration to be carried out without causing a strain on community relations. These comments were supported by Councillor Rainey who then advised that Councillor Wilson wished to be associated with the objection to transfer the land given the nature of the memorial.

Councillor Watters’ proposal was then put to the meeting and voting took place as follows:

FOR: 6 votes
AGAINST: 4 votes
ABSTAINED: 2 votes

RECOMMENDED: by a majority of votes cast, approval of Councillor Watters’ proposal as outlined above.

RECOMMENDED: adoption of the Report of the District Chief Building Control Surveyor (Appendix III), together with the addendum, subject to the foregoing.

Councillors McAnespie, Kelly, Clarke and Begley left the meeting at this juncture.

5 CORRESPONDENCE

5.1 Rates and Water Charges Conference (CL/5)

SUBMITTED: details of the above conference to be held on Monday 14 March 2005 at the Stormont Hotel, Belfast. The Chief Executive reported that the total cost associated with attending the conference would be approximately £400 per delegate. He then outlined the range of speakers who would be involved, including brief details of agenda items.

NOTED.

5.2 Housing Course for Councillors and Public Representatives (CL/5)

SUBMITTED: details of the above event to be held from Friday 25 to Saturday 26 February 2005 at the Marine Hotel, Ballycastle. The Chief Executive reported that the cost of attending the event would be £295 per delegate, including accommodation, plus travel and attendance allowance. He then outlined details of agenda items.

RECOMMENDED: that approval be granted for Councillor McQuaid, as the Council’s representative to the Northern Ireland Housing Council, to attend the above event.

5.3 Crumlin Against Asbestos (CS/4)

SUBMITTED: letter dated 26 January 2005 from the above campaign group seeking support against the siting of an asbestos storage dump in the Crumlin area.

NOTED.

5.4 Department of the Environment – Proposed Public Service Vehicles (Conditions of Fitness, Equipment and Use) (Amendment) Regulations (NI) 2005 (MS/1)

SUBMITTED: letter dated 31 December 2004, including a Regulatory Impact Assessment, from the Department of the Environment seeking comments regarding the proposed introduction of the above Regulation. The Chief Executive advised that this document would be placed in the Members’ Room for perusal by any interested member.

NOTED.

Councillors McKelvey and Rainey left the meeting at this juncture.

6 ANY OTHER RELEVANT BUSINESS

6.1 Various Roads Matters (MS/4/1)

RECOMMENDED: that the following maintenance issues be brought to the attention of Roads Service, at the request of members’ below:

(a) Repair of potholes at Blackwater Road, Dromore including consideration being given to bringing forward the implementation of an improvement scheme planned for this area
(Councillor Watters)

(b) Repair of road surface at Cooley Road, Sixmilecross/Beragh
(Councillor Gibson)

The meeting concluded at 10.03 pm.

CONFIRMED AND ADOPTED AS RESOLUTIONS OF THE COUNCIL

CHAIRMAN

CLERK AND CHIEF EXECUTIVE

DATE 1 March 2005

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