Council Minutes

Environmental Services Comittee - 14/11/2006

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, 14 NOVEMBER 2006 at 7.00 pm

PRESENT:

Presiding Chairman: Councillor S Shields

Other Members: Councillors:
T Buchanan MLA M McAnespie
C Chittick M McColgan
S Clarke P J McDonnell
J Deehan P J McGowan MBE
F Donnelly S O’Brien
R Hussey A G Rainey MBE
P Kelly B Wilson
D McAleer

In Attendance:
Clerk and Chief Executive
Chief Client Services Officer
Chief Environmental Health Officer
District Chief Building Control Surveyor
Acting Senior Administrative Officer


1 PRESENTATION FROM ACTION RENEWABLES (MISC/1)

NOTED: that due to the unavailability of staff as a result of illness, the above presentation had been postponed and hopefully would be rescheduled for the New Year.

2 TENDER FOR DESIGN, SUPPLY AND CONSTRUCTION OF PUBLIC TOILETS, TOGETHER WITH HARD LANDSCAPING – OMAGH TOWN CENTRE (PC/1)

AGREED: that item 1 of the Chief Client Services Officer’s report be considered at this juncture.

NOTED: that Council Powers had been delegated to the meeting to deal with this item.

WITH THE AID: of a Powerpoint presentation, the Chief Client Services Officer provided members with visual details of a toilet facility in Warrenpoint which was constructed by the company whose tender, following assessment, he recommended be accepted for the provision of a similar facility in Omagh Town. He advised that Newry and Mourne District Council was satisfied with the facility provided in Warrenpoint which had been designed to be as vandal resistant as was possible and was constructed of high quality materials. With regard to the proposed facility for Omagh, the Chief Client Services Officer advised that it would consist of 4 units: two unisex, one containing urinals and one for disabled persons which would include baby changing facilities. He then advised that the tender submitted was in respect of the design, supply and construction of the facility, including hard landscaping of the surrounding area and that consideration had to be given to complementing the brickwork of the neighbouring building as well as the screening of the NIE sub-station. He further advised that, in addition to the specification requested, the Company was able to provide additional elements which would reduce energy and water consumption of the facility adding that a breakdown of the cost of each additional element had been sought.

EXPRESSED: by Councillor Hussey, his reservations at the provision of two unisex units and felt that it may be more appropriate to have separate male and female units. Councillor Wilson, however, referred to public toilets in Cookstown which were successfully operated as unisex facilities. He then called for the toilets in Omagh to be progressed as quickly as possible. In referring to facilities in Castlederg, Councillor Chittick spoke of the considerable damage carried out by vandals who had gained access via the roof to the computerised equipment operating the facility. He then suggested that consideration be given to reinforcing the roof of the proposed facility.

Councillors O’Brien and Donnelly entered the meeting during the above discussion.

IN RESPONSE: to comments from Councillor McGowan, the Chief Client Services Officer advised that the Arts Centre would have public toilet facilities but would not be signposted to advertise this service as they would only be available when the premises were open. Following further comments from Councillor McGowan, the Chief Executive added that it would not be cost effective to have the premises open at other periods just to provide public toilets. He then spoke of the high quality service that would be provided at Scarffe’s Entry adding that the area was not known for high levels of vandalism.
Councillors McColgan and McAnespie entered the meeting at this juncture.

FURTHER DISCUSSION: ensued during which Councillor Chittick spoke of the need for public toilet facilities to be stipulated as a criterion of the planning process in respect of large scale commercial developments such as the Showgrounds Retail Park. In concurring with these comments the Chief Executive advised that some developers gave scant recognition to the need for such customer provision and that the issue tended to fall to Local Authorities to address the problem. The Chief Environmental Health Officer advised that this issue had been raised with Planning Service on numerous occasions including the need for consideration to be given when devising the West Tyrone Area Plan. In response to a suggestion from Councillor McColgan with regard to the re-siting of the automatic toilet from Scarffe’s Entry to the Showgrounds, the Chief Client Services Officer advised that this could be considered and he undertook to bring an update on the matter following progression of the new toilet facility.

IN RESPONSE: to a query from Councillor Wilson regarding the Translink public toilets, the Chief Client Services Officer outlined the proposal made to Translink which had been agreed at a local level however Headquarters had reneged on the agreement therefore the issue had not progressed. He added that the Translink toilets were still available to the public but were not signposted as such a facility. Councillor McGowan expressed the view that Translink had decided not to proceed as originally planned as it would have difficulties in providing the opening hours and maintenance of facilities to the standard required by the Council. In response to a query from Councillor Rainey, the Chief Client Services Officer advised that there was no proposal to provide shower facilities in the new public toilet premises.

RESOLVED: on the proposal of Councillor Wilson, seconded by Councillor Chittick, adoption of the recommendation as outlined in the Report of the Chief Client Services Officer.

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

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

PREVIOUSLY CIRCULATED: the above report.

3.1 The Building (Amendment) Regulations (NI) 2006 (RS/5/1)

ADVISED: by the District Chief Building Control Surveyor, that the new Building Regulations had proved more onerous than first thought and had the potential to significantly change the construction process. He then outlined the various elements affected by the new regulations, in particular, the potential delay in gaining a completion certificate due to the need for specialised testing to be carried out to comply with Part F and of the mortgage implications this may cause. He then advised that information evenings would be held whereby such changes would be explained to developers.

IN RESPONSE: to comments from Councillors Clarke and Chittick regarding the use of construction insulated cavity walls, the District Chief Building Control Surveyor advised that the developer or designer would have flexibility in the construction of the elements so long as the requirements for the entire building were met. There were, however, minimum standards, he said. He further advised that any changes made during the construction of the building may result in the overall project being reassessed. He added that the provision of renewable energy sources in the building design helped create a favourable outcome when the calculation of emissions would otherwise pose too high a result.

IN RESPONSE: to a query from Councillor Donnelly, the District Chief Building Control Surveyor advised that the planting of trees to offset the level of emissions calculated was not part of the proposed regulations. He then added that it would be more difficult to get an open fire accepted compared to a wood burning stove given that fossil fuels could be burnt in the open fire hence creating a higher level of emissions.

WITH REGARD: to Councillor McAnespie's comments on the use of thermal blocks, the District Chief Building Control Surveyor advised that the use of thermal blocks had diminished following the development of insulation, however, given the level of improvements required under the new regulations both thermal blocks and insulation may be required in the future. He further advised that the building of an extension would require compliance with new regulations which meant that the existing house may also have to be improved so as to meet the standard. In response to a query from Councillor Shields, he advised that future legislation may stipulate that the vendor had to provide an energy rating when selling the property so as to advise the purchaser of the approximate running costs.

EXPRESSED: by Councillor Kelly, the view that the regulations were very harsh and whilst an air tight house may save energy it would create a society with a poor immunity to illness. The District Chief Building Control Surveyor clarified that the intention of the regulations was to give the occupier control of the ventilation but decrease the amount of unwanted draughts. In response to a request from Councillor Rainey, the District Chief Building Control Surveyor undertook to provide an information session for Councillors with regard to the regulatory changes.

RECOMMENDED: that the recommendation of the District Chief Building Control Surveyor be upheld and that an information event be arranged to appraise Councillors and others of the new regulations.

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

Councillor Buchanan entered the meeting at this juncture.

4 REPORT OF CHIEF ENVIRONMENTAL HEALTH OFFICER (APPENDIX I) (EH/5)

PREVIOUSLY CIRCULATED: the above report.

4.1 Public Health Acts 1878-1967
Pollution Control and Local Government (NI) Order 1978 (EH/1)

4.1.1 Effluent Discharge – Faulty Sewer - Rear of Brookvalley Omagh (EH/1)

ADVISED: by the Chief Environmental Health Officer, that Water Service officials had replied to correspondence regarding the above and stated that the main sewer from this area to Gortrush was being investigated in respect of adequacy and condition. Water Service had agreed that finance would be required to ensure that the necessary improvements were carried out, he advised.

FOLLOWING: discussion regarding this issue, it was agreed to afford Water Service a period of two months to bring forward proposals and a time frame for any improvement scheme, failing which a letter would be forwarded from the Council to Water Service seeking clarification regarding proposals and timescales.

RECOMMENDED: that a letter be sent to Water Service Headquarters as outlined above.

4.1.2 Maintenance of Trees – Killyclogher Burn (MW/1)

ADVISED: by the Chief Environmental Health Officer, that following complaints, investigations were ongoing regarding alleged danger from tall trees in the Killyclogher Burn area.

NOTED.

4.1.3 Premises – Former Factory, Kevlin Road (EH/1)

ADVISED: by the Chief Environmental Health Officer, that the demolition of premises formerly known as the Desmond’s Factory was almost complete.

TRIBUTE: was paid by Councillor Hussey to Mr Furey for his monitoring of the process adding that unfortunately he could not commend the actions of the Environment and Heritage Service which, he felt, had been slow to respond to local residents’ concerns regarding the removal of asbestos from the premises.

NOTED.

4.1.4 Telecommunication Masts (MS/6/3)

ADVISED: by the Chief Environmental Health Officer, that the Environmental Health Department had corresponded with OFCOM, the regulatory body responsible for monitoring radiation levels around telecommunication masts and a reply was awaited.

EXPRESSED: by Councillor Hussey, the view that the issue of erecting another mast may not be of concern for the public health body but the residents felt it was unacceptable to have three masts within a 500m radius. He then spoke of the Council’s view that there should be an exclusion zone of 500m between a telecommunication mast and dwellings and highlighted the need for consideration to be given to the close proximity of three schools to existing masts. Councillor Shields concurred with these comments.

NOTED.

4.2 European Commission Food and Veterinary Office (FVO) visit to the UK (EH/8)

REPORTED: by the Chief Environmental Health Officer, that the FVO were to visit a number of Dairy Product Premises and Meat Premises in the UK. The meat premises would be visited to carry out checks in relation to the relaxation of BSE controls. Following an incident at a local meat plant Environmental Health Officers had visited butchery premises in the area to ensure any meat implicated in the incident was removed from sale.

IN RESPONSE: to queries from Councillors Rainey, Shields and McGowan, the Chief Environmental Health Officer advised that the meat had not contained any disease but was not suitable for human consumption in accordance with Food Safety legislation. The Environmental Health Officers, he advised, were satisfied that any meat implicated had been removed for disposal. In answer to comments relating to inspections generally, the Chief Environmental Health Officer assured Councillors that butchery departments in supermarkets were as rigorously inspected as those in private ownership.

Councillor McGowan left the meeting at this juncture.

IN RESPONSE: to comments by Councillor Chittick regarding the sale of meat at open markets, the Chief Environmental Health Officer advised that these premises were also subjected to inspections and unless an extremely high standard was visible, the trader was not allowed to continue operations.

RECOMMENDED: approval of the recommendation as outlined in the Report of the Chief Environmental Health Officer.

4.3 Consultation Document on Proposed Transfer of Petroleum Licensing and Health and Safety Enforcement at Petrol Stations (RS/13)

REPORTED: by the Chief Environmental Health Officer, the opposition of the Environmental Health Department to the proposed transfer of petroleum licensing and enforcement of health and safety at petrol stations from Local Authorities to the Health & Safety Executive and of the action being taken by professional bodies to respond to the consultation document before the closing date of 12 January 2007.

STRONG SUPPORT: for the licensing and health and safety enforcement functions to remain with the Council was expressed by Councillor McDonnell who then suggested that the Council write to the four main Party leaders outlining the Council's concerns with regard to Central Government agencies trying to strip such responsibilities from Local Government prior to the outcome of the RPA. In response, the Chief Environmental Health Officer advised that he understood the RPA proposal was that licensing and the Health and Safety enforcement role would remain with the Local Authorities however the Health and Safety Executive had expressed a desire to take over the Health and Safety function in earlier responses to the RPA consultations.

RECOMMENDED: approval of the recommendation as outlined in the Report of the Chief Environmental Health Officer.

4.4 Control of Fireworks (HS/3)

IN ADDITION: to the details outlined in the report, the Chief Environmental Health Officer advised that he understood that Local Authorities would be requested to carry out some work on behalf of the NIO following a comprehensive review of legislation governing the sale and use of fireworks. He added that he was of the view that the sale of fireworks should be controlled locally and he undertook to bring a report back to a future meeting of the Committee, following receipt of further information.

RECOMMENDED: approval of the recommendation as outlined in the Report of the Chief Environmental Health Officer.

4.5 Complaint Update : Pollution Control and Local Government (NI) Order 1978 – Noise from Factory Premises (EH/14)

ADVISED: by the Chief Environmental Health Officer, that at a meeting scheduled for the following day, Officers and the factory management would be discussing the best way to implement the recommendations proposed by the acoustic consultants as well as to prioritise the work in an effort to resolve the recurrent and unacceptable level of noise emanating from the premises. He explained that the issue had been complicated as a result of the introduction of a generator for the winter months and, given the high levels of noise this created, he requested approval for an abatement order to be served on the management if the issue was not satisfactorily resolved within the next two weeks.
COMMENDED: by Councillor McColgan, the work carried out by Environmental Health Officers in an effort to resolve this issue amicably. He spoke of how the issue had been resolved somewhat until the recent installation of the new generator which had led to a series of new complaints from local residents. Councillor Hussey added that the Council and the Environmental Health Department had been supportive of the economic importance of the factory however the residents had suffered enough stress and there was no other option but to serve an abatement order if the issue was not resolved in the forthcoming weeks.

RECOMMENDED: approval of the recommendation as outlined in the Report of the Chief Environmental Health Officer and that an abatement order be served on the management of the factory if the issue relating to the generator was not satisfactorily resolved within two weeks.

Councillor McDonnell left the meeting at this juncture.

4.6 Local Air Quality Management – Updating and Screening Assessment (EH/2)

CIRCULATED: copy of the above report.

ADVISED: by the Chief Environmental Health Officer, that Ms Latimer who had conducted a survey and prepared a very detailed report regarding Local Air Quality had received a letter from the Department of the Environment offering high praise for the work carried out. He added that additional monitoring work had been identified as necessary, particularly in the area close to the new Throughpass, which should be carried out within a few months.

RECOMMENDED: approval of the recommendation as outlined in the Report of the Chief Environmental Health Officer.

RECOMMENDED: adoption of the Report of the Chief Environmental Health Officer (Appendix I), subject to the foregoing.

4.7 Cross Border Drinking Water Supplies and Public Health Issues Conference (AD/37/2)

REQUESTED: by the Chief Environmental Health Officer, that two Officers be granted permission to attend the above 2 day conference to be held in the Radisson Hotel, Letterkenny on 7 and 8 December. He advised that the event was free however there would be accommodation costs of €89 plus travel costs.

RECOMMENDED: approval for two Officers to attend the above event as outlined by the Chief Environmental Health Officer.

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

PREVIOUSLY CIRCULATED: the above report.

5.1 Mixed Waste Skips (CS/4,11)

IN RESPONSE: to a query from Councillor McAleer, the Chief Client Services Officer advised that the area for separating recyclable waste at the outlying Civic Amenity Sites was limited therefore these sites could not conduct the same level of separation carried out at the Gortrush Industrial Site. He added that the commissioning of a recycling company would only be on a trial basis. Following further comments from Councillor McAleer regarding the environmental impact that the recycling plant had on the Killyclogher area, the Chief Client Services Officer advised that whilst considerable improvements had been carried out at the site further work was required adding that the company had plans for a further shed so as to enclose all operations under cover.

In entering the meeting at this juncture, Councillor Deehan spoke of the need to provide adequate screening of the area in front of the travelling community’s homes and referred to this requirement being stipulated as part of the planning restrictions. She then referred to rodent problems being experienced by travellers and those residing in the new estate at Farmhill Road. In concurring with these comments Councillor Wilson added that he had objected to the siting of the plant at the planning approval stage. Councillor Buchanan also made reference to the detrimental visual impact the plant had as people approached Omagh and, given the level of local concern, queried the rationale of the Council supporting the business with additional work and of the potential of this causing problems for the Council in the long term. In response, the Chief Client Services Officer again advised that the Council had made a strong case to the recycling company to improve its operations however he undertook to raise the issue with the management of the company. The Chief Executive added that the Council acknowledged the importance of the recycling plant however there was a Duty of Care with regard to the control of such waste as it would be unacceptable if some debris was blowing over the hedgerows. Councillor McAnespie suggested that the personnel employed to collect litter along the Cookstown Road should be asked to determine whether the volume of litter is higher near the recycling plant than further along the route.

RECOMMENDED: (i) approval of the recommendation as outlined in the Report of the Chief Client Services Officer; and (ii) the Chief Client Services Officer discuss the issues raised with the recycling company.

Councillor Chittick left the meeting at this juncture.

5.2 Glass for Life (CS/11)

WELCOMED: by Councillor Buchanan, the provision of the Glass for Life project by Derg Valley Care as he felt it was a very worthwhile scheme.

NOTED.

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

5.3 Completion of EI Scheme (EI/2/10, MISC/16)

IN RESPONSE: to queries from Councillor Hussey, the Chief Client Services Officer advised that the EI Scheme Project Working Group would hold its final meeting during December. With regard to recognition being given to the pupils of Arvalee School who had participated in the design of the bronze plaques, he advised that it was intended to incorporate a visit to the plaques’ location as soon as possible.

DISCUSSION: ensued during which members expressed their disappointment at the overshadowing of a positive event in Omagh by comments expressed by representatives of the Omagh Support and Self Help Group (OSSHG). Councillor Hussey expressed the view that the Council was perceived as not progressing the issue of a memorial therefore he was of the view that the Council should come to a consensus with OSSHG in respect of the wording on the proposed memorial however Councillor Shields advised that the Council had previously taken a decision with regard to the Omagh Memorial Working Group taking the issue forward in the first instance. The Chief Executive advised that members needed to give careful consideration to this issue but at a more appropriate time. With regard to comments expressed last week, he advised that some of these remarks had not been a totally accurate reflection of the facts of the matter and efforts to clarify the issue in the media had not been successful. He then advised that it was essential that the needs of the bereaved, the injured and traumatised, the emergency and caring services and the wider community at a local, national and international level were given recognition in the development of a fitting memorial to the event. The Omagh Memorial Working Group, he said, was progressing the issue in that context and had contacted relevant agencies to nominate a representative to the Advisory Panel. He further advised that positive responses had been received from the Secretary of State, the Spanish Consulate and further responses were awaited. With regard to the wording outlined last week, the Chief Executive advised that the specific wording used had never been submitted to the Council or the Memorial Working Group and added that it had been inscribed on a stone in the Memorial Garden without the Council’s approval being sought. The Chief Executive highlighted the importance of the Council retaining a corporate response on the issue and ensuring that the matter was dealt with in a sensitive, inclusive and dignified way adding that an update would be brought to the Development Committee meeting when the Council could give the matter further consideration, if necessary.

IN SUPPORTING: the Chief Executive, Councillor McColgan advised that the issue of appropriate wording had been discussed at a meeting of the Good Relations Forum where it had been felt that the whole community had to be content with the wording and Councillor Deehan agreed that proper consideration had to be given to the issue given the magnitude of the incident. She added that she was of the view that the wording should not only mark the terrible event but inspire hope in the community. Councillors Shields and Rainey spoke of occasions when other victims of the Omagh Bomb had advised them that the OSSHG did not represent their views therefore members felt it important that consensus on the memorial needed to be more wide ranging that just meeting the wishes of the support group. Councillor Donnelly expressed the view that the Council had played a leadership role and had given a commitment to follow an open transparent process which he felt should continue with the Council speaking with a corporate voice on the issue.

RECOMMENDED: that the Head of Arts and Tourism bring an update on the progress being made by the Omagh Memorial Working Group to the next meeting of the Development Committee.

5.4 New Civic Amenity Sites

IN RESPONSE: to comments from Councillors McAnespie and Rainey, the Chief Client Services Officer provided an update on the process of seeking planning permission for two new Civic Amenity Sites to service the South West and South East regions of the district.

NOTED.

Councillor Donnelly left the meeting at this juncture.

5.5 Antisocial Behaviour at Play Park

ADVISED: by Councillor Deehan, that a number of youths frequently congregated at the Tamlaght Road Play Park and that, particularly during the Halloween period, considerable volumes of broken glass and debris had been left in the area. She then sought members’ advice with regard to resolving this issue given that a considerable amount of money had been spent on play parks throughout the district and, in the case of the Tamlaght Road area, every effort had been made to address the antisocial behaviour by the local community group who had consulted with the DPP, PSNI and the Council. Councillor McColgan added that there was a need for more intense lighting in play parks, generally, as poor quality lighting allowed drinking etc to occur in the shadows.

IN RESPONSE: the Chief Client Services Officer acknowledged that the Tamlaght Road play area had experienced problems in the past adding that lighting had been placed along the pathway through the play park in a bid to deter loitering but unfortunately this had not resolved the issue. He then advised that the fencing of the boundary and provision of gates to be locked at night would prove expensive given that the Council had over 50 play parks across the district. The Chief Executive advised that Councillors had an opportunity to work with the community in an effort to influence young people. In concurring with these comments Councillor Rainey spoke of a successful project held in the Ecclesville Centre during the Halloween period where midnight sports were arranged in order to give the young people something to do.

FOLLOWING: further comments from Councillor Deehan regarding the action taken by the Western Education and Library Board in respect of protecting its Schools, the Chief Client Services Officer undertook to investigate best practice procedures implemented by other Councils.

RECOMMENDED: that the Chief Client Services Officer further investigate the issue of securing play parks and bring a report to a future meeting of the Environmental Services Committee.

5.6 EI Scheme – Campsie Area

EXPRESSED: by Councillor Buchanan, that following the completion of EI scheme in the Town Centre and the road scheme on the Hospital Road, the Campsie area appeared dull and he suggested that consideration be given to carrying out an EI scheme in conjunction with other agencies such as the NIHE and Roads Service, at least as far as the Petrol station if not to the swinging bars roundabout. In concurring with these comments, Councillor Rainey spoke of the wishes of the restaurateurs in the Campsie area to have the EI Scheme extended so that their area and the Town Centre complement each other.

IN RESPONSE: the Chief Executive advised that the John Street, Castle Street, Georges Street area also required enhancement. With regard to the Campsie area he advised that the issue could be considered by the Neighbourhood Renewal Partnership as it was currently discussing the possibility of improvements in Campsie Crescent.

RECOMMENDED: that the issue of an environmental improvement scheme for the Campsie area be referred to the Neighbourhood Renewal Partnership.

Councillor Wilson left the meeting at this juncture.

5.7 Maintenance Work by Heritage Squad

IN RESPONSE: to a request from Councillor McAleer for the Heritage Squad to carry out some maintenance work at the Killyclogher Burn, the Chief Executive advised that the issue would be referred to the Head of Development for consideration as part of the works programme.

NOTED.

Councillor Clarke re-entered the meeting at this juncture.

6 CORRESPONDENCE

6.1 Environment and Heritage – Historic Buildings List No 498

SUBMITTED: letter dated 16 October from the Environment and Heritage Service advising that the Loreto Convent, Brook Street, Omagh had delisted and relisted the historic building as part of a paper exercise to update the Departments records.

NOTED.

6.2 Environment and Heritage – Annual Report and Agency Accounts 2005/06

SUBMITTED: copy of the above annual report and agency accounts which, the Chief Executive, advised, would be placed in the Members’ Room for perusal by members.

NOTED.

Councillors McAleer and Clarke left the meeting at this juncture.

7 ANY OTHER RELEVANT BUSINESS

7.1 PPS14 - Judicial Review (MS/6/1)

ADVISED: by the Chief Executive, that the Judicial Review was mentioned in the High Court, Belfast on 13 November and the hearing had been listed for three days commencing on 15 January 2007. He then advised that he had attended a meeting with officers from the other supporting Councils earlier that day to progress and establish the level of financial support available from each Council.

NOTED.

The meeting concluded at 9.25 pm.

CONFIRMED AND ADOPTED AS RESOLUTIONS OF THE COUNCIL

CHAIRMAN

CLERK AND CHIEF EXECUTIVE

DATE 5 December 2006

<<< Go Back