A request for English-Irish street signage at Woodside Hill, Portadown, has finally been approved.
Woodside Hill had been the first street in the Armagh City, Banbridge & Craigavon Borough Council area to meet the criteria for such provision – namely two thirds of residents in favour of bilingual signs.
But a majority of councillors voted against the request for English-Irish signage back in October 2023, which had led to judicial proceedings being initiated against the local authority.
The ABC Council’s policy allows individual councillors to use their discretion when considering such requests, however those discretionary powers have now been more clearly defined.
Following the legal challenge, the canvassing process had to be conducted all over again. This time round, a total of 93 residents of Woodside Hill were issued with survey letters, so that they could express views for or against such provision.
A majority of two thirds in favour was required – a minimum of 62 residents in this case – for the request to be considered by ABC councillors.
As it turned out, a total of 71 eligible occupiers expressed views in favour, well exceeding the two-thirds criterion. Nineteen residents were deemed to be against such provision.
In addition, three unopened survey letters were returned by Royal Mail, as the relevant agenda item, circulated ahead of the February 4 Planning & Regulatory Services committee meeting, explains: “Three [survey letters] were returned to council by Royal Mail as these were refused by the intended recipients, and therefore the intended recipient did not open or review the correspondence.”
Irrespective of the above, the two-thirds majority test was clearly met.
While individual councillors may exercise discretion when examining requests for bilingual signage, they were reminded, in the agenda item, they have a duty to take into consideration the views expressed by residents.
Article 11(4) of the relevant Legislation states: “In deciding whether and, if so, how to exercise its powers under paragraph (1) (b) or (2) in relation to any street, a council shall have regard to any views on the matter expressed by the occupiers of premises in that street”.
The agenda item also explains, by way of guidance: “Members have a discretion and must give genuine attention and thought to the expressed views of the occupiers, but are still entitled to take into account other lawful considerations affecting their decision.”
Speaking at the February planning meeting, head of Building Control, Tom Lavery commented: “The recommendation is that members review the information contained within this report, and decide whether or not to use council’s discretionary powers to approve the application received by the council for dual-language street signs, in respect of this street in the borough which is Woodside Hill in Portadown.
“Members are also reminded of previous legal advice in reaching their decision, that they must provide the reasons for the decision.”
The senior council officer indicated a senior counsel was in attendance to address any legal questions.
In relation to the three survey letters which were returned unopened by Royal Mail, the head of Building Control explained: “We use a Royal Mail tracking system, and the comment from Royal Mail was that they were refused by the intended recipients, and therefore the intended recipients did not open the survey letter.
“So, we cannot predict what they were going to say, whether it be ‘yes’ or ‘no’. So, we have taken them out of the calculation.”
In light of Mr Lavery’s explanations, DUP Cllr Scott Armstrong asked for an opportunity to discuss some legal points confidentially, with the live video feed being switched off. That recess lasted 24 minutes.
Following that private debate, SF Councillor Paul Duffy proposed that ABC Council use its discretionary power to approve the application for dual-language street signage at Woodside Hill.
Seconding Cllr Duffy’s proposal, Alliance Cllr Peter Lavery remarked: “When you’re looking at the figures, 71 responses in favour is above the required two-thirds threshold for consideration.
“It’s comfortably met that, and as such, I think the most appropriate outcome in this application is to honour the wishes of the strong majority of those residents, and to approve this request.”
Cllr Armstrong asked for a recorded vote to be taken. Six councillors voted in favour of the proposal, and five initially abstained – however it would soon emerge there had been a technical glitch when the vote was taken.
Voting in favour were committee vice-chair, Cllr Mary O’Dowd (SF), Cllr Fergal Donnelly (SF), Cllr Paul Duffy (SF), Cllr Peter Lavery (Alliance), Cllr Sorchá McGeown (SF), Cllr John Óg O’Kane (SF).
Abstaining were Cllr Scott Armstrong (DUP), Cllr Julie Flaherty (UUP), Cllr Kyle Moutray (DUP), Cllr Alan Mulholland (DUP) and Cllr Ian Wilson (DUP).
This was not the end of the matter, however, as it turned out that DUP Alderman Paul Rankin had been accidentally left out of the vote.
The committee then went into confidential mode again, this time for seven minutes. Due to the technical error which had prevented Ald Rankin from voting, another recorded vote was taken once the live video feed was restored.
Ald Rankin abstained this time round, along with his five DUP colleagues named above, totalling six abstentions, while there was no change regarding those committee members who had voted in favour of the dual-language request (six votes in favour).
With six votes in favour and six abstentions, the request was duly approved.
