Welsh council facing renewed judicial review bid over second homes and holiday lets direction

The claimant seeking to bring a judicial review challenge over Gwynedd Council's 'Article 4 Direction’ aimed at curbing second homes and short-term holiday lets has applied for a renewal of their application for permission.

The High Court dismissed the claimant's initial application earlier this month after concluding that none of the grounds brought by the group were arguable. 

However, local campaigners 'Say No to Article 4' have said a renewal of the application for permission has now been made, which asks the court to reconsider the application for permission on receipt of further submissions by the group's barrister.

Gwynedd implemented an Article 4 Direction in September 2024, following a public engagement period the previous year.

The purpose of an Article 4 Direction is to revoke the right to change of use without planning consent for the following use:

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

The council was able to make the direction following changes to Welsh planning legislation aimed at handing local planning authorities the power to manage the use of housing as second homes and holiday lets.

It said the move was a "part of efforts to ensure that there is an affordable provision of houses that meet the needs of local communities".

Say No to Article 4 warned that the new direction would reduce house prices, "plunge" homeowners into negative equity, and make it difficult for homeowners to sell their properties.

The claimant issued their first set of proceedings in 2023 after the group raised around £64,000 across three individual crowdfunding campaigns.

Writing in an update on social media, a spokesperson for the group said: "The claimant's legal team have advised that there is merit in renewing the application, so that request has now been lodged with the court. 

"The costs associated with this renewed application for permission were included within our calculations for the stage 2 funding, so we have the funds available from the stage 2 fund to meet the costs of this application."

Adam Carey