**Document:** Officer Report
**Application:** 25/90979/C — Additional use of lower ground floor annex for self-catering tourist use (Class 3.6)
**Decision:** Permitted
**Decision Date:** 2026-02-11
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/130557-lonan-capel-glen-pinfold/documents/1592394

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# Officer Report

## Planning Officer Report And Recommendations

**Application No.:** 25/90979/C
**Applicant:** Mr Michael Hoctor
**Proposal:** Additional use of lower ground floor annex for self-catering tourist use (Class 3.6)
**Site Address:** Capel Glen Pinfold Hill Laxey Isle Of Man IM4 7HP
**Planning Officer:** Peiran Shen
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 10.02.2026
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The approved accommodation is only to be use as an annex to the main house "Capel Glen" or can only be used as a tourist accommodation. It shall not be used as a separate dwelling. Reason: the application is for a tourist accommodation and the assessment is made as such.
- C 3. When the tourist accommodation is in use, the garage shall remain clear and be used only for parking of vehicles. Reason: to ensure sufficient parking provision.

## This application has been recommended for approval for the following reason.

The proposal is not considered to have an unacceptable impact on neighbouring amenities or highway safety. It is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan.

## Plans/Drawings/Information;

This approval relates to the documents, location plan, existing floor plan and proposed floor plan, which have been received on 17th October 2025 and photos and drawing no. 02, which has been received on 15th January 2025.
Right to Appeal

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: DoI Highway Services

It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners - No objection

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: Heather Bank, Pinfold Hill, Laxey - No objection

## Officer’s Report

### 1.0 THE SITE

1.1 The site is Capel Glen, Pinfold Hill, Laxey, a detached house located on the east of the electric railway and Pinfold Hill. The house sits on a hill and is split-level. The access is at the bottom of the house. The lowest floor has a garage with a small office space and toilet.

### 2.0 THE PROPOSAL

2.1 The proposal is for the additional use of the office and toilet area on the lowest floor as a tourist accommodation.

### 3.0 Planning History

3.1 Proposed alterations and extension to dwelling was APPROVED under PA 24/90943/B.

### 4.0 Planning Policy Site Specific

4.1 The site is within any area designated as Predominantly Residential in the Area Plan for the East. Strategic Policy

4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

- General Policy 2 (b), (g), (h), (i), (m), (n)
- Transport Policy 7
- Appendix 7.6
- Business Policy 13 - Permission will generally be given for using private residential properties as tourist accommodation, providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.

PPS and NPD

4.4 No relevant Planning Policy Statement or National Policy Directive applies to this application.

### 5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance

5.1 There is no strategy or guidance materially relevant to this application.

6.0 REPRESENTATION This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website.

6.1 Garff Commissioners have no objection to this application (08.12.2025).

6.2 DoI Highway Services objects to this application (04.12.2025). The comment states that the applicant should demonstrate 2 off-street spaces (atleast 5.5m in length and 2.5m in width each) for the dwelling and one off-street space for the tourist accommodation (at least 5.5m in length and 3m in width).

6.3 Owners/Occupiers of Heather Bank, Pinfold Hill, Laxey has no objection to this application (04.12.2025).

### 7.0 ASSESSMENT Elements of Assessment

7.1 The key considerations in determining the application are its principle, its impact on parking provision and the amenities of the neighbours. Principle of the Proposal

7.2 The proposal is to use part of an existing dwellinghouse as a tourist accommodation. Situation like this always have the risk of the proposed unit become a dwelling by itself, effectively creating a new house/flat.

7.3 In this instance, the proposed accommodation is small but complete, with the ability to cook, sleep and using the bathroom. There is no connection between the proposed accommodation and the rest of the house. It is on a different level with the existing accommodation within the house. Therefore, it is considered to have the potential of operating as its own flat.

7.4 In the meantime, the size of accommodation is very small. The proposed accommodation shares an access with the main house. It also does not have sufficient area for clothes drying and refuse storage. Limiting the possibility of its actually becoming a flat.

7.5 In conclusion, given the small size of the accommodation and the lack of some essential amenities, the proposed accommodation is unlikely to becoming a flat and is therefore principally acceptable. Parking

7.6 The proposed accommodation is to be used at the same time as the main house, meaning there is an additional parking space is needed to accommodate the new use, in addition to the existing two parking spaces required for the main house itself.

7.7 Based on the site plan, besides the double garage, is at least a space approx. 6.4m by

4.5 m area avaible for parking. Therefore, it is considered that there are sufficient parking provision.

Neighbouring Amenities

7.8 Assessing how an individual would behave as a tourist or a resident is difficult. As a tourist, a person may be out often, have late nights, and be disruptive on return. In the meantime, both tourists and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, most people behave well and raise no concerns. Therefore, this change of use is unlikely to impact the neighbouring properties' living conditions significantly.

### 8.0 CONCLUSION

8.1 The proposal is not considered to have an unacceptable impact on neighbouring amenities or highway safety. Therefore, it is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan and is recommended for an approval.

### 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

- applicant (in all cases);
- a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- any appellant or potential appellant (which includes the applicant);
- the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- in the case of a petition, a single representative.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 11.02.2026 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/130557-lonan-capel-glen-pinfold/documents/1592394*
