The Article 4 Direction introduced by Gwynedd Council in September 2024, which required planning permission to be obtained for material changes of use of properties from a sole or main residence (Use Class C3) to a second home (C5) or short-term let (C6), has been quashed by the Court with immediate effect.
This follows a decision by the Court in September 2025 that the introduction of the Article 4 Direction was unlawful on the basis that the Council’s Cabinet was misled because its officer’s report did not alert members to the fact that the Article 4 Direction would only control material changes of use, and gave the impression that non-material changes would also be controlled.
Immediate Implications for Property Owners
The Council has indicated that it wishes to appeal the latest ruling. However, for the time being at least, the Article 4 Direction no longer applies, and planning permission will not be required to change the use of sole/main residences to holiday lets or second homes in Gwynedd.
There is nothing stopping the Council introducing a new Article 4 Direction which has the same effect as the last one.
However, the Court advised the Council that it should consider the proportionality of doing so and weigh the benefits against the impact on property owners’ rights.
The Court even went as far as to say that the effectiveness of the Article 4 Direction is potentially a significant factor in the balancing exercise and that the Council could take the view that if the Article 4 Direction cannot control all changes of use, the benefit of making it would not justify the interference with owners’ rights.
What Might Happen Next?
Notwithstanding these striking comments from the Court, it is open to the Council to make the Article 4 Direction again, and given the strength of feeling in Gwynedd and other parts of Wales about the negative impacts of second homes and short term lets, we suspect that the Council will introduce an Article 4 Direction which has the same impact, but will this time ensure that it is crystal clear that Cabinet members are aware that the Article 4 Direction only controls material changes of use.
Key Contact
Mark Turner
Planning, Environmental, Energy and Regulatory Partner
Mark advises clients on a wide range of planning matters including applications and appeals, Certificates of Lawfulness, High Court challenges and Judicial Reviews, and enforcement.
