Council Minutes

Special Council Meeting - 10/10/2005

Minutes of the proceedings of a Special Meeting of OMAGH DISTRICT COUNCIL held in the Council Chamber, Council Offices, The Grange, Mountjoy Road, Omagh on MONDAY, 10 OCTOBER 2005 at 7.00pm

PRESENT:

Presiding Chairman: Councillor M McAnespie

Other Members: Councillors:

S Begley M McColgan
C Chittick B McElduff MLA
S Clarke P J McGowan MBE
R Hussey A Quinn
P Kelly S Shields
D McAleer B Wilson

In Attendance: Clerk and Chief Executive
Committee Administrator

Apologies: Councillor T Buchanan MLA
Councillor S O’Brien
Councillor A Rainey MBE

SYMPATHY

AGREED: at the request of Councillor Begley, supported by the other members, that a letter of sympathy be forwarded to Councillor O’Brien on the death of her mother.

AGREED: following a request from Councillor McGowan, that Standing Orders be suspended following consideration of the items included on the agenda, to facilitate discussion of an issue regarding an unlicensed business operating in Omagh.

1. TO DISCUSS THE CHANGES TO THE PLANNING
CONSULTATION PROCESS AND TO CONSIDER THE
POSSIBILITY OF LAUNCHING A LEGAL CHALLENGE TO
THE NEW CONSULTATION ARRANGEMENTS (MS/6/3)

NOTED: that the meeting had been called by the Chairman of the Council, Councillor McAnespie, at the request of Councillors Begley, McElduff, Donnelly, Quinn, Kelly, Clarke, McColgan, McAleer and O’Brien.

PROPOSED: by Councillor Begley, seconded by Councillor Clarke, that the Council seek legal opinion on Planning Service’s decision to reduce the level of consultation on planning applications which will have a detrimental effect on the rural community within the Omagh District Council area and also on the equality impact of this change in policy.

SPEAKING: on the motion, Councillor Begley explained that the new planning consultation arrangements for Councils, which had been introduced from the beginning of October 2005, had abolished site meetings in favour of office meetings and denied members an opportunity to defer a planning decision on more than one occasion. He was of the opinion that Planning Service was anti-rural in its approach and stated that countryside policies made it more difficult for people to obtain land on which to build homes. Consequently, he said, land had become more expensive and young people were being forced to find other areas in which to live. Councillor Begley spoke of the concern of the rural community regarding these developments. He pointed out that the office meeting arrangement was unacceptable in that it did not allow for proper consultation and contended that a site meeting between Planning Service and the applicant was necessary in order to fully appreciate the planning merits of individual sites. He expressed the view that people deserved to be permitted to build homes in the countryside and, in identifying the failure of Planning Service to carry out an Equality Impact Assessment on the policy change, pointed out that the new arrangement would result in a reduced level of rural planning approvals. Councillor Begley further added that Planning Service did not have sufficient experienced staff to process applications and, in conclusion, called for the support of Councillors in trying to reverse the change in procedure which was being imposed by a Direct Rule Minister for the Environment, Lord Rooker, who was unfamiliar with the unique topography of the Omagh District Council area.

SUPPORT: for the motion was voiced by Councillor Shields who reminded members that the Council had been informed by the Department that the new arrangement was being introduced as a result of consultation on the Modernising Planning Processes document. However, he pointed out that this was incorrect as there was no suggestion in the document that site meetings would be abolished. Councillor Shields felt that the role of Councillors in the planning process was being diluted as a result of the new procedures. He spoke of the need for genuine consultation with the applicant on site and pointed to the fact that site meetings in the past had resulted in a significant number of decisions being overturned. Councillor Shields felt that it was appropriate that the Council refuse to participate in the new process. He spoke of an applicant’s legitimate expectation that a site meeting would be offered, adding that the decision should be open to legal challenge and that the long established right to a site meeting should be respected.

Councillor McAleer entered the meeting at this juncture.

FURTHER DISCUSSION: ensued, during which Councillor Wilson expressed the view that an office meeting would severely disadvantage applicants in that it would not allow adequate opportunity for debate on the merits of individual sites. He also felt that it was inefficient use of Councillors’ time since it was still necessary for both Planning Service staff and Councillors to visit the sites as well as to attend office meetings on a different date. Councillor Clarke expressed concern that a more rigid interpretation of the planning policy had been applied by Planning Service in recent times. Councillor McElduff spoke of a fear within the community that planning permission for single dwellings in the countryside was coming to an end and he stated that he would wish to seek a commitment that future applications from the offspring of a farmer would be sympathetically considered for permission to build in the countryside. Councillor McGowan felt that the change to the planning consultation arrangements had serious consequences for the rural areas and suggested that the action by the Environment Minister, Lord Rooker, was an attempt to force Northern Ireland political parties into a devolved government. Councillor Kelly voiced concern regarding an inconsistent application of the Rural Planning Policy by inexperienced staff and Councillor McAnespie felt that the new arrangement was an attempt by Planning Service to place the responsibility for planning refusals on Councillors. The views expressed were reiterated by other members who voiced their support for the proposal to seek legal advice on the change in policy.

SUBMITTED: (1) e-mail dated 6 October 2005 from Mr Victor Brownlees, Clerk and Chief Executive, Armagh City and District Council, advising of a resolution which had been adopted by Armagh deploring the actions of the Minister and Planning Service and demanding postponement of the proposed changes and the active engagement of the Department with Councils to bring about real improvements in the planning system. He advised that Armagh City and District Council had also taken preliminary legal advice and was currently seeking Counsel’s opinion with a view to mounting a legal challenge due to the lack of a Regulatory Impact Assessment and the unreasonably short timeframe between the issue of the planning schedule and the Council’s planning meeting. Mr Brownlees further stated that Craigavon Borough Council had already indicated that it wished to co-join with Armagh and he sought the support of Omagh in this matter. Mr Brownlees concluded by advising that Councils had until 27 October 2005 to apply for judicial review.

SUBMITTED: (2) letter dated 4 October 2005 from the Assistant Departmental Private Secretary to Jeff Rooker, Environment Minister, in response to Council correspondence inviting him to meet the Council to discuss the new arrangements. The letter advised that the Minister was aware that, in addition to correspondence having been forwarded to the Council from the Chief Executive, Planning Service, the Divisional Planning Manager had addressed the Council directly to further explain the change in procedures, therefore, it was not felt that a meeting was necessary at this time.

FURTHER DISCUSSION: ensued, during which Councillors indicated their wish to co join with Armagh City and District Council and Craigavon Borough Council and expressed the hope that other Councils would become involved. In support of this, Councillor Begley felt that Strabane District Council should be invited by Omagh to join in challenging the authority of Planning Service to unilaterally change the planning consultation process and that it would be also important to seek independent legal advice. He explained that Omagh District was a widespread rural area and was, therefore, more likely to be affected by the proposals than other areas in Northern Ireland while Councillor McElduff indicated a failure by the Department of the Environment to ‘rural proof’ the policy. Reference was then made by a number of members to the office meetings which had been rearranged to take place on Friday 14 and Monday 17 October. They identified a need to proceed with these meetings ‘under protest’, to allow applications to progress and agreed that a decision on the office meetings to be scheduled for November should be taken at the Development Committee meeting and the position reviewed on a monthly basis. Members agreed that Planning Service should be informed of the decision regarding the office meetings and advised that the Council did not accept the policy change which, it was stated, disenfranchised the rural people and, furthermore, confirmed the Council’s intention to seek legal advice on the matter.

UNANIMOUSLY RESOLVED: the following course of action:

(1) Adoption of Councillor Begley’s proposal, seconded by
Councillor Clarke, that the Council seek independent
legal opinion on Planning Service’s decision to reduce
the level of consultation on planning applications which
will have a detrimental effect on the rural community
within the Omagh District Council area and also on the
equality impact of this change in policy.

(2) Armagh City and District Council be advised of the
Council’s wish to co-join with them and Craigavon
Borough Council to challenge the decision of Planning
Service on the policy change and Strabane District
Council be invited to join in the process.

(3) Council powers be delegated to the Development
Committee meeting to decide whether or not the
November office meetings should proceed and that
future meetings be reviewed on a monthly basis.

(4) Planning Service be informed of the Council’s position.

2. ANY OTHER RELEVANT BUSINESS

2.1 Unlicensed Business Operation (RS/12)

AGREED: at the request of Councillor McGowan, that Standing Orders be suspended to allow discussion to take place on the recent establishment of an unlicensed business operation at Old Market Place, Omagh

SPEAKING: of the concern of people in Omagh town and district, and a number of churches in the area, Councillor McGowan voiced objection to the outlet and its location which, he pointed out, was in an area frequented by schoolchildren. Councillor Hussey expressed the view that it was inappropriate that such premises should open in Omagh. He expressed concern regarding its location and this view was endorsed by a number of other members. Councillor Chittick spoke of the need for the Council to uphold what was important for the people of Omagh and Councillor McAnespie also expressed concerns that the outlet was located in an area used by schoolchildren. In conclusion, Councillor Shields expressed the view that it was right that the Council should exercise its authority to ensure that the outlet complied with the law and this view was supported by other members.

ADVISED: by the Chief Executive, that a regulatory framework was in place and that the Council’s Licensing Officer would clarify the position at the Environmental Services Committee meeting the following evening.

NOTED.

2.2 Planned Protest – Tyrone County Hospital (VB/23/1)

REPORTED: by Councillor McElduff, that a protest visit to Stormont was planned to take place the following day to coincide with an expected announcement by the Health Minister, Mr Shaun Woodward, concerning the Royal College of Surgeons report. He advised that a bus was due to leave the Council Offices at 2.00 pm and expressed the hope that as many members as possible would participate in the action.

STATED: by the Chief Executive, that he wished to remind members of the public of the hospital protest which was planned to be held at the County Hospital at 3.00 pm on Saturday 15 October.

NOTED.

The meeting concluded at 8.20 pm.

CONFIRMED AND ADOPTED AS RESOLUTIONS OF THE COUNCIL

CHAIRMAN ______________________________

CLERK AND CHIEF EXECUTIVE ______________________________

DATE 1 November 2005

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