Community and Recreation (Parks and Cemeteries Services) Sub-Committee 8 August 2006
From Nigov
Community and Recreation Committee
Tuesday, 8th August, 2006
MEETING OF COMMUNITY AND RECREATION (PARKS AND CEMETERIES SERVICES) SUB-COMMITTEE
Members present: Councillors Rodgers (Chairman); and Councillors Attwood, Austin, Hartley, Kirkpatrick, Long, McCausland, McClenaghan, McGimpsey, O'Reilly and Stalford
Also attended: The High Sheriff (Councillor Humphrey); and Councillors Hanna and Kelly
- In attendance:
Minutes
The minutes of the meetings of 12th and 13th June were taken as read and signed as correct.
Cliftonville Playing Fields
(Ms. D. Thornton (?), Principal Solicitor, attended in connection with this item.)
The Sub-Committee considered further the minute of the meeting of 13th June under the heading “Cliftonville Playing Fields” which, at the request of Councillor Ní Chuilín, had been referred back to the Sub‑Committee for further consideration by the Council at its meeting on 3rd July.
After discussion, the Sub-Committee agreed to defer consideration of the matter to enable further discussions to be held.when?
City of Belfast Zoological Gardens
(Mr. M. Challis (?), Zoo Manager, attended in connection with this item.)
Half-Yearly Review
The Sub-Committee noted the contents of the half-yearly review (This should be requested under Freedom of Information) in respect of the Belfast Zoological Gardens.
Visit to Emmen Zoo
The Sub-Committee noted the contents of a report (This should be requested under Freedom of Information) in respect of a study visit which had been undertaken to Emmen Zoo during the period from 26th till 28th April.
Vandalism Report
The Sub-Committee considered a report (This should be requested under Freedom of Information) in respect of incidents of vandalism which had occurred in Council-owned properties during the period from May till June, 2006.
After discussion, during which several Members expressed concern in relation to the escalating costs associated with incidents of vandalism at the Council’s facilities, the Sub-Committee agreed that a report outlining the incidents of vandalism which had taken place during the period from April, 2005 till March, 2006 within each District Electoral Area of the City and the associated costs thereon be submitted to a future meeting for its consideration.when?
Institute of Leisure and Amenity Management – Parks, Places and Countryside Seminar 2006
The Head of Parks and Cemeteries Services informed the Sub-Committee that the above-mentioned Seminar would be held in Edinburgh during the period from 12th till 14th September. The Seminar which was entitled “Parks – a Waste of Space?” would address issues such as integrating parks provision into the planning process, event management, sustainability, training and filling skills gaps. He recommended that the Chairman, the Deputy Chairman and the Head of Parks and Cemeteries Services (or their nominees) be authorised to attend. Attendance at the event would cost approximately £650 per delegate.
The Sub-Committee adopted the recommendation and authorised the payment of the Seminar fees, together with the appropriate travelling, subsistence and attendance allowances in connection therewith.
Historic and Botanic Gardens Bursary Scheme
The Head of Parks and Cemeteries Services advised the Sub-Committee that, during 2005, English Heritage had conducted a series of courses, one of which had been held at the Botanic Gardens, which had been aimed at obtaining funding to meet the training needs of garden staff based at Botanic and Historic Gardens throughout the United Kingdom. He reported that the Botanic Gardens was one of twelve venues which had been selected to participate in a Bursary Scheme which was being funded through the National Lottery.
The Head of Parks and Cemeteries Services stated that the placement of a person on the Bursary Scheme would assist with the implementation of the Garden’s work programme and that the lottery grant would assist with 50% of the associated costs. It was anticipated that the salary in this regard would be approximately £11,000 per annum, therefore the cost to the Council would be in the region of £5,500. The participant would be based at the Council’s Botanic Gardens for a period of one year and would work alongside Parks staff in order to learn from the practices which were currently in operation. Accordingly, he requested the Sub-Committee to grant approval for the Council to participate in the Bursary Scheme.
The Sub-Committee granted the approval sought.
Cherryvale Playing Fields – Alterations to 670 Ravenhill Road
The Estates Surveyor reported that, by virtue of a 999 year Lease dated 18th March, 1998, the Council had disposed of the former gate lodge located at the Cherryvale Playing Fields to Mr. M. and Ms. J. McMahon, with a small additional portion of land being disposed of by a Supplemental Lease dated 5th March, 1999. He pointed out that under the terms of the Lease should the purchaser wish to undertake any external structural alterations or additions to the dwelling the consent of the Council was required.
The Estates Surveyor reported that retrospective consent in connection with the erection of a two-storey extension to the dwelling had been sought by Solicitors acting on behalf of the current owner, Ms. A. McCaughey. The extension had been constructed by the original purchasers and the appropriate planning and building control approvals had been obtained. The drawings of the extension had been acquired from the Department of the Environment’s Planning Service and had been inspected and found to be in keeping with the character of the dwelling and the Council’s adjoining Cherryvale Playing Fields. Accordingly, he recommended that the Sub-Committee grant retrospective approval for the extension to the former Gate Lodge located at 670 Ravenhill Road.
The Sub-Committee adopted the recommendation.
Annadale Embankment – Bad Debt Write-Off
The Sub-Committee was informed that the former Parks and Amenities Sub‑Committee, at its meeting on 12th February, 2002, had considered a report in relation to a debt and other difficulties associated with a Licence Agreement at the Annadale Embankment.
The Head of Parks and Cemeteries Services reported that the debt had arisen as a result of a Licence Agreement which had been made between the Council and Annadale Securities Limited. The Company had required a portion of the Council land at the Embankment as a temporary contractor’s compound in connection with its development on adjoining land. As a result of financial difficulties, the developer’s scheme had ceased and the site had been eventually recovered from Annadale Securities by the previous owners, the Northern Ireland Housing Executive.
He reported that the Council had been able to recover the land identified in the Licence Agreement but that no payment of the fees required under the Agreement had been made. In an effort to recover the debt, enquiries had been made by the Legal Services Department which had revealed that Annadale Securities had no assets and there was little point in pursuing the matter. In addition, the Legal Services Department had sought legal advice on whether the Council could sue the individual Director of the Company with whom negotiations had been conducted and the advice from Counsel had been that there would be little prospect of success in following such a course. Accordingly, he recommended that the Sub-Committee agree that the debt in the sum of £7,921.56 payable by Annadale Securities Limited be written-off.
The Sub-Committee adopted the recommendation.
Request for Permission to Address the Sub-Committee
The Head of Parks and Cemeteries Services reported that a request had been received from representatives of Castle Amusements seeking to address the Sub Committee in connection with its proposals to locate amusements in the overflow car park at the City of Belfast Zoological Gardens.
After discussion, it was
Moved by Councillor McClenaghan, Seconded by Councillor Austin,
That the Sub-Committee agrees to accede to the request which has been received from Castle Amusements.
On a vote by show of hands two Members voted for the proposal and seven against and it was accordingly declared lost.
Heritage Lottery Fund
The Sub-Committee considered the undernoted report in relation to the Heritage Lottery Fund’s Public Parks Initiatives. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Sub-Committee agreed to establish an All-Party Working Group to progress the matter.
Belfast Hills' Partnership
The Sub-Committee considered a report in relation to the Belfast Hills’ Partnership. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Sub-Committee adopted the recommendation.
Closure of Public Right-of-Way at Chichester Park South/Salisbury Avenue
The Head of Parks and Cemeteries Services reported that, during August, 2004, the Council had received a complaint from a resident of Salisbury Avenue in connection with the erection, by the Residents’ Society of Chichester Park South, of a fence which prevented pedestrian and vehicular access to the Antrim Road. Subsequent investigation by the Council’s officers had verified the contents of the letter and established that the fence had been erected in a position restricting access. During May, 2006 a further resident had contacted the Council to enquire whether any action had been taken in relation to the matter.
The Head of Parks and Cemeteries Services stated that the Council’s Legal Services Department had advised that, under Article 3 of the Access to the Countryside Order (Northern Ireland) 1983, District Councils were under a duty to “assert, protect and keep open and free from obstructions or encroachment any public right-of-way”. The Department for Regional Development’s Road Service had confirmed that Chichester Park South was not an adopted road and, therefore, the Access to the Countryside Order applied to the roadway. Legal Services had advised also that the Order applied equally in urban as well as rural areas. It was clear, therefore, that the roadway had all the legal attributes of a public right-of-way, that is, it had been in place for some time, connected to places to which the public legitimately had resort, was of a well-defined line and was used regularly by members of the public.
He pointed out that discussions which had been held with local residents had concluded that the fence had been erected in order to prevent anti-social behaviour in the area. Unfortunately, neither the Access to the Countryside Order nor any other legislation permitted a District Council, or any other person, to close off a public right‑of‑way in order to prevent anti-social behaviour. The Head of Parks and Cemeteries Services explained that this was different to the alleygating scheme being implemented currently by the Council, whereby Roads Legislation was being utilised by the Roads Service to close the alleys. He pointed out that the Residents’ Society had obtained planning approval to erect this fence, however, the Planning Service had not considered the right-of-way issue when granting planning permission. Accordingly, he recommended that the Sub‑Committee:
(i) agree to formally assert Chichester Park South as a public right-of-way;
(ii) grant approval to the Legal Services Department to write to local residents advising them of the assertion and request them to remove the fence; and
(iii) grant approval to initiate legal proceedings to have the fence removed should the residents not accede to the Council’s request.
The Sub-Committee adopted the recommendation and noted that a further report in relation to the matter would be submitted for its consideration at a future meeting.
Sir Thomas and Lady Dixon Park – New Vehicle Access to Drumbeg Lockhouse
The Sub-Committee agreed to defer consideration of a report in relation to vehicular access to the Drumbeg Lockhouse located at the above-mentioned Park to enable a site visit to be undertaken.when?
Internal Transfer of Land at Cooke Street
The Sub-Committee considered a report in respect of the Council’s land at Cooke Street. A copy of the report, with the exception of the appendices referred to therein, is set out hereunder.
The Sub-Committee adopted the recommendations contained within the report.
Willis Lake
The Sub-Committee agreed to defer consideration of a report in relation to a request which had been received from the Trossachs Area Residents’ Association in connection with the ownership of Willis Lake to enable a site visit to be undertaken on a date to be agreed in conjunction with the Chairman.when?
Land at Crescent Open Space
The Sub-Committee considered the undernoted report in relation to the Crescent Open Space. A copy of the report, with the exception of the appendices referred to therein, is set hereunder.
After discussion, the Sub-Committee agreed to adopt Option 2 outlined within the foregoing report.
Reverend Robert Bradford Memorial Park
The Sub-Committee agreed to undertake a site visit to the Reverend Robert Bradford Memorial Park for the purposes of discussing with community representatives their proposals to improve the site.when?
Woodvale Park
Pursuant to notice on the agenda, the High Sheriff (Councillor Humphrey) reported that he had met with the Director of Community and Recreation and the Head of Parks and Cemeteries Services in order to discuss the dilapidated condition of the Woodvale Park. He stated that it was anticipated that £650,000 was needed in order to bring the facility up to standard and he was of the view that much needed investment was required in order to encourage greater use of the site, reduce anti‑social behaviour and improve the pitches and pavilion thereat.
After a lengthy discussion, the Sub-Committee agreed that:
(i) a special meeting be held in order to review the policies and strategies in relation to the Council’s Parks;
(ii) a report be submitted to a future meeting detailing the improvements required to be undertaken at the Woodvale Park;
(iii) a report in relation to those Parks throughout the City which had been identified to potentially receive Heritage Lottery Funding be submitted in due course for its consideration; and
(iv) a report in relation to the financial resources required to improve the Council’s Parks be submitted in due course.
Annadale Embankment – Planning Application
The Head of Parks and Cemeteries Services informed the Sub-Committee that he had been advised of a major development at the Annadale Embankment involving the erection of 221 apartments. He explained that the plans included proposals to undertake work to Council-owned property at the front of the development.
He pointed out that, since there had been insufficient time to report the matter to the Sub-Committee, he had written to the Planning Service objecting to the plans on the grounds that, despite the provision of 221 dwellings, there was no substantial improvement in terms of infrastructure to the locality and it appeared that the developer’s proposals in relation to open space and play provision were minor.
He referred to the arrangements which were operating currently in England and Wales whereby Section 106 of the Town and Country Planning Act, 1990 allowed Local Authorities and developers to enter into legally-binding agreements or planning obligations to provide benefits to communities such as infrastructure, services and substantial open space and play provision. Accordingly, he had requested the Planning Service to confirm whether a similar arrangement could operate in Northern Ireland and to confirm also what arrangements were being put in place to ensure that there was an appropriate planning agreement to draw down adequate resources for infrastructure purposes.
After discussion, during which several Members expressed the view that it would be beneficial for the Sub-Committee’s views to be considered in developments of this nature, it agreed that the Chief Executive be requested to raise the matter with the Planning Service and that the Sub‑Committee’s concerns in relation to the lack of consultation by the developer regarding infrastructure be notified to the Town Planning Committee.
Burial Provision
The Sub-Committee considered a report in relation to future burial provision.
After discussion, the Sub-Committee granted the approvals sought.
Chairman
