Balivanich, Isle of Benbecula, HS7 5LA Bail’ a’Mhanaich, Beinn na Faoghla, HS7 5LA Telephone 01870 602425 Fax 01870 602332 Mr Norman Mackay E-mail [email protected] c/o Total Design (Lighthill) Ltd Writer Alastair Banks (01870604990) Per Mr David Macleod Our Reference ABAN/KM Balard Your Reference 68 Lighthill Date 5 September 2018 Back Isle Of Lewis HS2 0LF Dear Mr Mackay REFUSAL OF PLANNING PERMISSION APPLICATION REFERENCE NO: 18/00065 TYPE OF APPLICATION: Planning Permission in Principle LOCATION OF DEVELOPMENT: 3A Luskentyre Isle Of Harris PROPOSAL: Erect house Please find enclosed a copy of the decision of the Comhairle in relation to the above application. Yours sincerely Morag Ferguson Planning Manager (Development Management) Development Department REFUSAL OF PLANNING PERMISSION TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 (THE ACT) AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006 APPLICATION REFERENCE NO: 18/00065 TYPE OF APPLICATION: Planning Permission in Principle VALID APPLICATION RECEIVED: 2 March 2018 PROPOSED DEVELOPMENT: Erect house LOCATION OF DEVELOPMENT: 3A Luskentyre Isle Of Harris APPLICANT: Mr Norman Mackay Having considered the application for Planning Permission, details of which are shown above, Comhairle nan Eilean Siar hereby REFUSE Planning Permission under Section 37 (1)(b) of the Town and Country Planning (Scotland) Act 1997 for the development described above for the reasons shown in the Schedule to this Notice. Date: 5 September 2018 Signed: Planning Manager (Development Management) DECISION NOTICE SENT TO: Mr Norman Mackay c/o Total Design (Lighthill) Ltd Per Mr David Macleod Balard 68 Lighthill Back Isle Of Lewis HS2 0LF SCHEDULE OF REASONS FOR REFUSAL APPLICATION REFERENCE NO: 18/00065 Comhairle nan Eilean Siar has refused the application for the following reason(s): Reason 1 The application site is 78m from a wind turbine authorised by Planning Permission (ref 12/00227/PPD) which would mean that residents of the proposed house would be likely to experience levels of noise which would exceed the noise limits set by planning Condition 7 of 12/00227/PPD. This means that the proposed development of a house would have the potential to constrain the operation of the wind turbine contrary to the provisions of Policy 11 of the Outer Hebrides Local Development Plan. PROCEDURE IF YOU FEEL AGGRIEVED If the applicant is aggrieved by the decision of the planning authority to (i) to refuse permission for the proposed development(ii) to refuse approval required by a condition in respect of the proposed development or (iii) to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to: Chief Executives Department Executive Services Comhairle nan Eilean Siar Sandwick Road, Isle of Lewis HS1 2BW E-mail: [email protected] Review Forms can be downloaded from: https://www.cne-siar.gov.uk/planning-and-building/planning-service/planning-appeals-and-local- reviews/local-review-body/ If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land’s interest in the land in accordance with Part 5 of the Town & Country Planning (Scotland) Act 1997. .