High Court Allows Challenge to Gwynedd’s Article 4 Direction

The High Court has recently allowed a High Court challenge to Gwynedd Council’s decision to introduce an Article 4 Direction, which meant that planning permission was required to use a sole or main residence as a short-term (i.e. holiday) let or second home, in R (Williams) v Cyngor Gwynedd [2025] EWHC 2395 (Admin).

The full judgment can be found here: Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd - Find Case Law - The National Archives.

Gwynedd Council had introduced the Article 4 Direction because, like other local planning authorities in Wales, it is concerned about the impact of an increase in second homes and short-term lets, particularly on the availability and affordability of housing for locals.

What did Article 4 Direction require?

The Article 4 Direction meant that planning permission would be required for a change of use from a sole or main residence to a second home or short-term let. However, crucially, the Article 4 Direction only covers changes of use which are material. If the change of use was not material, planning permission would not be required.

Why did the Court find the Council's decision unlawful?

The Court found that when deciding whether to introduce the Article 4 Direction, members of the Council’s Cabinet were materially misled by its officer’s report because it did not alert members to the fact that the Article 4 Direction would only control material changes, and gave the impression that non-material changes would also be controlled.

For now, the Article 4 Direction remains in force in Gwynedd, although another Court hearing will shortly be held to decide what will happen, including whether it will be disapplied.

It is important to note that the Court did not say that Article 4 Directions of this sort are generally unlawful, nor that the Council could not introduce a new Article 4 Direction. The Court merely confirmed that the Council did not properly alert its members to the effect of the Article 4 Direction, and that the decision to introduce it was unlawful as a result.

The Council has confirmed that it will appeal

Going forward, the Council will decide whether to introduce a new Article 4 Direction. The Court made clear that if it does, it should consider the proportionality of doing so, and weigh the benefits against the impact on property owners’ rights.

Interestingly, the Court also said that the effectiveness of the Article 4 Direction (i.e. that it only covers material changes) is potentially a significant factor in that 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.

How might this affect future Article 4 Directions in Wales?

Whilst the comments of the Court are notable, it is considered likely that the Council will make a new Article 4 Direction given the strength of feeling about the negative impacts of second homes and short-term lets. If it does, no doubt it will properly alert members to the fact that non-material changes will not be covered.

Snowdonia National Park Authority introduced its own Article 4 Direction in June 2025. We are not aware of any challenge to that decision. Other local authorities who are considering introducing their own Article 4 Direction will review the decision carefully.

However, it is not considered likely that those authorities who were intending to make similar Article 4 Directions prior to the Court’s decision will be deterred, given the strength of feeling in many areas in Wales about the impact of second homes and holiday lets.

It is likely that those other authorities will remain satisfied that the interference with property owners’ rights is justified by the Article 4 Direction. The Court’s ruling is an important reminder to those authorities that their decision-making processes should be carried out properly, to reduce the risk of challenges being brought by those opposed to the Article 4 Direction.