MINUTES OF THE PROCEEDINGS OF THE COUNCIL MEETING HELD ON MONDAY 25th JULY 2011 In the Chair: Councillor P McShane

Members Present: Councillors J Baird, D F Cunningham, W Graham, S Hunter, D M McAllister, N McAllister, C McCambridge, R D McDonnell, R A McIlroy, M A McKillop, C McShane, C C Thompson. 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 Ms L Mooney, Member Services/Clerical Officer 11/13:01 APOLOGIES AND CHAIRMANS BUSINESS

Apologies were received on behalf of Councillors Blaney and S McKillop. ...................................................................................... PRESENTATION FROM POVAL WORTHINGTON REGARDING CARRICKMORE ROAD, BALLYCASTLE Councillor P McShane welcomed John Humes and Richard Mawhinney from Poval Worthington to the meeting. He stated that members of the public had also requested to speak on this issue and that they had been given permission to do so. Mr Humes stated that his client wished for the consideration of abandonment of part of the Carrickmore Road. He displayed slides of the previous condition of the cottage and the point to where the road was currently adopted by Roads Service. He stated that there was a section of Road beyond this point not maintained by Roads Service. Mr Humes referred members to a map of the area under ownership of Mr Fraser. He stated that the cottage had previously been derelict and vandalised and there had been evidence of unsavoury activity there. He informed members that it was in a vulnerable location for break ins and that his client was seeking to improve security. Members were shown a slide of the proposed site plan. This displayed a proposed gate posts and barrier at the end of the existing car park allowing pedestrian access only beyond this point. Mr Humes stated that this measure was to stop the access of vehicles and that there was no intention to stop pedestrian traffic. He stated that there was a recognised Right of Way onto Fair Head and that there was no intention of stopping access to this. Barrier options were shown to members and Mr Humes stated that the Field Gate option would be the most appropriate and sympathetic to the rural setting. He informed members that there would be foot passage and as far as possible allowing for wheel chair access. He stated that Roads Service had been in agreement with the concept of abandonment but that any such abandonment would have to include a long term agreement for pedestrian access. Councillor McCambridge stated that the ownership now seemed to be much larger than originally as this

was just the cottage with a small boundary wall and add on. She informed members that she was understood that Roads Service maintained right up to the walking style. Councillor Cunningham stated that if the Road was abandoned under order the Roads NI Order 1993 article 68 2b any existing Public Right of Way would be extinguished. Councillor McDonnell stated that if this was the case an alternative access would need to be established in the form of a path or fenced area. Mr Humes stated that he would direct this to his client and that he was confident that this would be accommodated as there had been temporary provisions in place whilst construction was underway. Councillor McCambridge stated that she felt that a gate in this rural isolated location would not be an effective means of security in any case. Councillor C McShane stated that she found the concept of abandonment stomach churning. She stated that the abandonment of the Road would effectively bring an end to the Public Right of Way. She stated that the purchaser had to take what was in the package when he bought the property. She informed members that there was special historical background to this area and that it was well used. Councillor P McShane stated that there were presentations from Mr Daniel McLaughlin, Mr Danny Bonnar and Mr Danny McGill. Mr McLaughlin stated that he was a resident and constituent of Ballycastle. He informed members that he was due to graduate from Queens University Belfast with a degree in Environmental Planning. He stated that he could see how the developer could benefit from this proposal to abandon part of the Carrickmore Road but that he felt that this would cause disadvantages for others. He stated that this would cause intimidatory issues for walkers and climbers in terms of access and also for tourists and members of the public wishing to use the right of way. Mr McLaughlin stated that in terms of tourism there was possibility of eco tourism from the Atlantic Eco Salt Trail due to the historical salt works. He stated that Fair Head was under utilised and that it would be much preferable to promote better usage of the area through signage and promotion of the area. He stated that a marker should be set to stop development to the detriment of the good of the people of the area. He informed members that he hoped that this abandonment did not go ahead. He stated that he had been told that farmers also used this stretch of Road and asked why the modifications could not be made where the Roads Service responsibility currently ended. Councillor Thompson enquired if it was the developers intention to sell the property in the future. Mr Humes stated that he was not aware of what Mr Frasers future intentions for the property may be. Mr Bonnar stated that he was a resident and constituent, born and raised in Ballycastle. He urged Council to reject the proposed abandonment of the Carrickmore Road and take immediate action to redress what had already happened to date. He stated that steps needed to be taken to return the area to its original state and to prevent any further development. He stated that this area already held the appearance of a private fortress and it was depriving the residents and tourists views and walks. He stated that the current state of the cottage was not in keeping with the landscape and that he was at a loss to understand why this had been permitted. He informed members that kerbstones and tarmac had been altered to give the appearance of a private thoroughfare rather than a public road. He stated that a barrier had been erected to block the de-facto right of way which had been in existence for a couple of hundred years. He stated that any temporary access could well be removed once the road had been abandoned and that the security

hut currently at the site was an ugly blot on the landscape, intimidating and gave the impression of being a private road. Mr Bonnar stated that the BBC2 programme Off the Beaten Track had highlighted the area all the way to Fair Head and had highlighted the history of the area and extended an invitation to viewers to experience the area for themselves. He stated that the De Facto Right of Way needed to be legally asserted as a Public Right of Way for the use of future generations, the car park needed to be returned to its original state, the current barrier needed to be removed along with the security hut and diversionary route. In reply to Councillor Baird, Mr Bonnar stated that the De Facto Right of Way had been blocked and could not currently be used. In reply to Councillor C McShane, Mr Bonnar stated that a natural spring had been redirected under the public thoroughfare and was now inaccessible. He stated that it was the statutory duty of Council to assert the Public Right of Way. The Clerk stated that the Right of Way was there by virtue of the Public Road. He stated that this would become an issue if the Road was abandoned and Council could then consider asserting the Public Right of Way if necessary. Mr McGill stated that he felt that there was no justification for the request to gate the road thereby allowing the developer to assume sole use of a public asset. He displayed several pictures of Ballycastle foreshore and the salt works from 1657 onwards. He stated that the earliest legal document he could source was from 1820. He stated that the boundaries were indistinct and often measured in relation to someone elses land or the sea but that the written deeds from 1790 with a map drawn by Williamson depict the salt pans and the road going past these and Marconis cottage on through to Carrickmore. Mr McGill stated that the road in question was built by Hugh Boyd and informed members that there was a good documented history of the Road. He stated that the whole of Ballycastle Coal fields was an area of special scientific interest. He informed members that in 1942 a new type of deed for properties was developed. He stated that this deed of the cottage is not in scale to the one produced by Poval Worthington. He stated that the whole area was in general industrial use since 1629 and had been used freely by the populous since. He stated that there had never been a concept of private ownership. Mr McGill stated that Ballycastle Salt Pans would be one of the foremost sites on the proposed Atlantic Eco Salt Trail from Scotland to Portugal. He stated that there was NITB interest in this project and that they were in year 3 of a 3 year scheme whereby written applications were to be made to local authorities. He informed members that it was important to keep access open for this reason also. Councillor Baird congratulated Mr McGill on his presentation and stated that the pictures spoke a thousand words. She stated that she could clearly see the path heading off into the distance. Mr McGill stated that the land slip had only occurred in the last 50 years or so and informed members that the road was still there. Councillor Graham stated that the Atlantic Eco Salt Trail sounded like it would be a big advantage to tourists in the area.

Mr Humes stated that he acknowledged the impassioned responses from members of the public. He informed members that he was a very ardent hill walker and he respected the views and opinions put forward tonight. He stated that encountering a gate should not stop walkers and that signage could be erected to highlight the Public Right of Way. He stated that this should not interfere with the greater heritage plans and he asked for in depth consideration of the request. Mr Mawhinney stated that the land purchased was done so in two parcels and that it was registered ownership. Mr McGill disputed this remark and informed members that anyone could register what they liked with land registry and that this did not necessarily make it correct. He stated that this was not a deed map. Mr Humes stated that the information was provided by solicitors and noted the point made by Mr McGill. Mr Mawhinney stated that it was simply a matter of intervention on behalf of the land owner to prevent vehicular access to his property. Councillor M A McKillop left the meeting at this point. Mr McGill stated that Mr Fraser was aware of the situation when he bought the property and informed members that someone could drive up to his own front door tonight. Councillor M A McKillop returned to the meeting. Councillor Baird stated that there was a culture and history of openness in our land. She stated that it would be a mistake to change this in a place that relied so heavily on tourism. She stated that people were being encouraged to come and walk and that it was vital to open any right of way which led to such an important area. Councillor McDonnell left the meeting at this point. Councillor C McShane stated that having heard all presentations on the matter she believed that it would be a disservice to constituents to close this area. She stated that it angered her that the sole reason for this request was to create a fortress and that the abandonment of the road could lead to the complete privatisation of the area. She stated that if Council gave an inch the developer could take a mile. Councillor McCambridge stated that the visual aspect should also be considered. She informed members that there should be no interference with the unspoilt ruggedness of the area. She stated that she was against man made changes. Councillor Thompson stated that he was also against the abandonment and stated that the developer would make more profit because of this on resale. Councillor McDonnell returned to the meeting. After further discussion, Councillor P McShane proposed, Seconded by Councillor McCambridge and resolved, That a letter be sent to the DRD and DOE Ministers and to Roads Service stating the Councils position that they wish the Carrickmore Road to remain adopted and to highlight the fact that works had already been carried out to re-characterise the road.