The Article 4 Direction introduced by Gwynedd Council in September 2024, which required planning permission for various changes of use including from a sole/main residence to a second home or holiday let, was quashed by the Court in November 2025 on the basis that the Council’s Committee was not clear that it only covered material changes of use.
The Council sought to appeal the Court’s decision in the hope that it could save the Article 4 Direction, but the Court refused that request in February 2026. That brings an end to the Court proceedings.
As such, the Court’s decision to quash the Article 4 Direction remains in place and the permitted development rights that had been disapplied can now be relied on by property owners in Gwynedd.
As a result, planning permission is not required for various material changes of use, including:
- from a sole/main residence to a second home or holiday let
- from a second home to a holiday let or sole/main residence
- from a holiday let to a second home or sole/main residence
It is likely that the Council is intending to introduce another Article 4 Direction, which disapplies the permitted development rights and requires planning permission for the changes of use referred to above.
However, introducing an Article 4 Direction is not a simple task, and will likely include lengthy consultation. It is likely that there is currently a window of opportunity for property owners in Gwynedd to take advantage of the permitted development rights before they are disapplied once again.
It would be sensible for anybody who has carried out a material change of use since the Article 4 Direction was introduced, or who is proposing to do so, to consider seeking a Certificate of Lawfulness which confirms that the existing or proposed use is lawful and does not require planning permission. That would assist in avoiding future issues about whether a use is lawful.
Those who have suffered financial loss as a result of the introduction of the Article 4 Direction may also wish to seek advice about bringing a claim for compensation against the Council.
If you require advice or support with these planning issues, please contact planning partner Mark Turner.
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.
