The Article 4 Direction introduced by Gwynedd Council in September 2024, which required planning permission to be obtained for various material changes of use, including from a sole/main residence (Use Class C3) to a second home (C5) or short-term let/holiday let (C6), was quashed by the Court in November 2025.
The Article 4 Direction is no longer in force.
The Council is seeking to appeal the Court’s decision, although it will be some time before a decision on that is made by the Court of Appeal.
On its website, the Council says that whilst it is not currently necessary to obtain planning permission for material changes of use that were caught by the Article 4 Direction, if its appeal succeeds and the revocation of the Article 4 Direction is reversed, “any material changes of use made in the period between the High Court's decision and the Court of Appeal's decision, would be unauthorised and could be subject to enforcement action”.
The Council goes on to say; “The above is highlighted to ensure that anyone who intends to undertake a material change of use of their property is aware of the potential risks and implications. Anyone who is considering a change of use is recommended to contact the Council’s Planning Service or seek independent legal advice”.
The Council’s comments are causing significant uncertainty and concern for anybody looking to carry out a material change of use in Gwynedd, such as those who want to use their sole/main residence as a holiday let.
If you are considering a change of use and are uncertain of what you can do, please contact our planning team who can support you with your project or planning application.
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.
