Cyngor Gwynedd to appeal High Courts Article 4 Direction judgement

Cyngor Gwynedd is commencing an appeal process following a High Court judgement relating to an Article 4 Direction in the Gwynedd Local Planning Authority area.   

Cyngor Gwynedd introduced the Article 4 Direction as a means of managing the use of dwellings as second homes and holiday lets. 

The Judge has concluded that the claim against the Council’s decision to implement the Article 4 Direction is successful and a further hearing will be held following the written judgement. In the meantime, the Article 4 Direction remains in force. 

Councillor Craig ab Iago, Cyngor Gwynedd Environment Cabinet Member said 

“As a Council, we have been determined to do everything in our power to ensure that the people of Gwynedd have access to suitable homes in their communities. To achieve this, we have taken proactive steps including introducing the Article 4 Direction to manage the significant number of homes that are being lost to become second homes or short-term holiday lets.   

“Research carried out before introducing the Article 4 Direction showed that 65% of Gwynedd households were being priced out of the housing market, with the problem even more prominent in communities where there is a high proportion of holiday homes. 

“We are extremely disappointed with the judgement and will be proceeding to start the appeal process to defend our decision of introducing the Article 4 Direction in Gwynedd.”  

Councillor Nia Jeffreys, Leader of Cyngor Gwynedd added: 

“The whole purpose of this measure is to ensure fairness for the people of Gwynedd and the sustainable future of our communities by giving the Council more control and ensuring that decisions reflect local needs. 

“Everyone has a right to a home in their community, and we will now be carrying out the necessary steps to firmly defend our case through the legal process.”  

NOTES:  

For more information on the Article 4 Direction in the Gwynedd Planning Authority Area, visit:  www.gwynedd.llyw.cymru/Article4 
 

The Welsh Government has brought innovative changes to the planning framework, giving the power to local authorities to control the number of second homes and short-term holiday accommodation. 

Changes to the national planning framework have introduced three new use classes, namely: main home, second home and short-term accommodation. Each local planning authority has the power to decide whether planning permission is required to change from one use class to another by removing permitted development rights. It is possible to remove these rights by introducing an Article 4 Direction. Cyngor Gwynedd is responsible for implementing it. 

The purpose of the Article 4 Direction is to revoke the development rights without the need for planning permission, for the following: 

• Change of use of a main residence (use class C3) into a second home (use class C5) or short-term holiday accommodation (use class C6) and specific mixed uses; 

• Change of use of a second home (use class C5) to short-term holiday accommodation (use class C6) and specific mixed uses; 

• Change of use from short-term holiday accommodation (use class C6) to a second home (use class C5) and specific mixed uses.