Agenda item

The Committee considered the following report:

 

“1.0      Purpose of Report/Summary of Main Issues

 

1.1        At the Council meeting on 4th November 2024 members agreed that a report would be brought to the People and Communities Committee to include a mechanism to deal with deferred applications and to consider the decision to defer the application for Wellington Park Terrace, and the other dual language street signs that had been deferred.  The minute was as follows:

 

1.2        ‘That the Council agrees that the decision of the People and Communities Committee, at its meeting on 8th October, in relation to an application for a second street nameplate at Wellington Park Terrace, under the heading ‘Proposal for Dual Language Street Signage’ be taken back to the Committee for further consideration, together with other similar applications which have met the threshold for approval but have been previously deferred, following an undertaking by officers to examine international best practice and develop a mechanism to deal with such applications.’

 

2.0        Recommendation

 

1.     Agree to the proposed mechanism to deal with applications that are deferred.

 

2.     Determine if the applications for Wynchurch Avenue, Sunningdale Park North, Ben Madigan Parth South, Wellington Park Terrace are to:

 

a)    continue to follow this proposed mechanism,

b)    be reconsidered by committee based on the previous survey results,

c)    be subject to a further survey of occupiers or

d)    be closed.

 

3.    determine if the applications for Ebor Street and Ballysillan Road are to:

 

a)    follow this proposed mechanism,

b)    be subject to a survey of occupiers or

c)    be closed.

 

3.1        Key Issues

 

            The report sets out:

 

1.     the current policy position,

2.     the proposed mechanism by which these decisions will be dealt with,

3.     consideration of best practice for these types of decisions and

4.     the decisions previously taken to defer applications and put them to the back of the queue.

 

1.    Policy position:

 

3.2        The current Dual Language Street Signs policy came into effect in October 2022.  The policy states that

 

3.3        ‘When an application is received, the Council will canvass by post all Occupiers of that street and seek their views on the request to erect a street sign in a second specified language.’

 

3.4        ‘Each application will be subject to an initial assessment for any potential adverse impacts on equality, good relations and rural needs. This assessment will commence when the application is received and where any adverse impacts are identified that information will be brought to Committee.’

 

3.5        Therefore, some applications will be brought to committee seeking approval to carry out the survey of that particular street if adverse impact are identified.

 

3.6        ‘Where fifteen percent or more of the Occupiers of that street have indicated that they are in favour of the erection of a second language street sign, then such a sign may be erected, subject to the residual discretion of the Council as specified in subsection (xi) below.’

 

3.7        ‘The Council will retain a residual discretion to decide to erect or not to erect a street sign in a language other than English in certain circumstances. This will be done on a case-by-case basis. It may be appropriate to depart from the procedures in this policy when there are clear reasons for doing so. This may include considering: 

 

3.8        the views of the Occupiers of the street;

(a)   the results of the initial assessment for the application, including any identified potential adverse impacts on equality, good relations and rural needs; 

(b)   consideration of the local context of the application;

(c)   any other Council policies or strategies related to the application; and

(d)   all material considerations relating to the application.’

 

2.     Mechanism for deferred applications:

 

3.9        As a result of the decision to defer some applications, putting them to the bottom of the queue that existed at the date of decision, officers have been working to the following procedure:

 

            Currently implemented.

 

3.10      The applicant for the street that was deferred was written to and advised of the committee decision. Their application was marked as deferred and another application in their name was created at the end of the queue. The purpose of which would be to facilitate processing at the relevant time in the future when all other applications up to that point were dealt with. Once the deferred application is reached, it will be brought back to committee to consider how it is to be progressed.

 

            Additional steps proposed

 

3.11      In addition to the above, and in instances where another application has been made for the street, officers propose the following to help manage these deferred applications:

 

 

·         We write to applicants of all applications for the same street and for any second language and advise them of the committee decision for that street based on a previous application.

 

 

·         All the applications are marked ‘on hold’ noting that further processing of the applications is on hold pending the outcome of the deferred application.

 

           

·         Any subsequent applicants for the street would be informed that a decision has already been made to defer an application for consideration in the initial language but that applications would be taken and marked ‘on hold’ until the time a decision is made on the deferred application.

 

3.    Consideration of best practice for making decisions on dual language street sign applications in these circumstances

 

3.15      Council’s dual language street sign policy is based upon international best practice in relation to minority languages and was co-designed with stakeholders. The policy has regard to the Council’s commitments in the Language Strategy which include, amongst other things, addressing language barriers as well as promoting, protecting and enhancing linguistic diversity in the city. The policy therefore complies with best practice.

 

3.16      The application of the policy, including the weight to be attached to the views of the residents and the exercise of residual discretion, is for elected members having regard to its commitments in the Language Strategy around the promotion of minority languages, its statutory obligation to have regard to the views of the residents of the street and all other material considerations.

 

4.     Decisions taken to defer applications:

 

            Deferred applications based on survey results.

 

3.17      Members have taken a previous decision to defer consideration of the following applications for the erection of dual language street signs based on survey results. Whilst 15% of residents were in favour of the erection of dual language street signs the committee took into consideration the number of people who voted against the proposal.  For all of these applications the second language proposed was Irish. The streets involved and the survey results of occupiers for and against are indicated below. 

 

3.18

Streets	For Proposal	Against Proposal
Wynchurch Avenue (First Survey)	18%	26%
Wynchurch Avenue (Second Survey)	15.04%	28.31%
Sunningdale Park North	22%	33%
Ben Madigan Park South	23.18%	26.08%
Wellington Park Terrace	17.14%	31.42%

 

            Deferred applications prior to survey.

 

3.19      Members have also taken a previous decision to defer consideration of two applications prior to survey based on adverse impacts identified at the initial assessment and based on elected member notifications. These applications were for Ebor Street and Ballysillan Road

 

3.20      The record of the decisions taken in relation to all these deferrals were similar to that taken for the first deferred application in relation to Wynchurch Avenue where the minute states:

 

3.21      ‘That the Committee agrees to defer consideration of the decision to erect a Dual Language Street Sign at Wynchurch Avenue until those applications already received to date had been processed.’

 

3.22      The effect of these decisions meant all the above applications were put to the back of the queue that existed at the time of the decision being taken, following the ratification of each decision by council.

 

            Financial and Resource Implications

 

3.23      There are no Financial, Human Resources, Assets and other implications in this report.

 

            Equality or Good Relations Implications

           

3.24      Each application for a dual language street sign is subject to an initial assessment for any potential adverse impacts on equality, good relations and rural needs. The applications being considered in this report underwent this assessment and feedback was given for each application when originally presented to committee.

 

3.25      The applications were also notified to elected members to allow any member of the DEA in which the street is located to identify any potential for adverse impacts on the grounds of equality of opportunity and good relations.

 

A prolonged debate ensued in respect of the applications for a second street sign at the above-mentioned locations. Several Members indicated that the surveying of streets would cause community tensions in certain areas where a majority of residents were opposed to the erection of a second signs.

 

Other Members felt that the process adopted by the Council was in accordance with minority rights guidance and policies.

 

Proposal

 

Moved by Councillor R-M Donnelly,

Seconded by Councillor Black,

 

            That the Committee agrees to proceed with the erection of a second street signs, in Irish, at the following locations, viz., Wynchurch Avenue, Sunningdale Park North, Ben Madigan Park South and Wellington Park Terrace.

 

On a vote, eleven Members voted for the proposal and nine against and it was declared carried.

       Proposal

 

Moved by Councillor Bunting,

Seconded by Councillor Verner,

 

            That the Committee agrees that the applications for dual street signs, in Irish, at Ebor Street and Ballysillan Road be closed and that no further surveys be undertaken.

 

On a vote, five Members voted for the proposal and fifteen against and it was declared lost.

 

                                                               Further Proposal

 

Moved by Councillor Maghie,

Seconded by Councillor Abernethy and

 

      Resolved – that the Committee agrees to adopt the revised mechanism for considering deferred applications and that the applications for second street signs, in Irish, at Ebor Street and Ballysillan Road, be subject to the revised mechanism.