Second-home owners won a victory against ‘misleading measures’ by a local authority in Wales.
Property owners within the county of Gwynedd had sought legal action after the council introduced an Article 4 condition insisting planning permission was needed to turn a residential property into a holiday let or second home. In some areas, around 30% of homes within the county are second homes and the council passed the measure in an effort to control the number of such properties.
Second-home owners opposed the measure, arguing it would make the properties difficult to sell. They already pay a £150 premium for their properties, in addition to paying council tax.
In the event, a Cardiff High Court judge ruled that the council’s Planning section had misled councillors who had voted to approve the Article 4 condition.
Planners ‘misled’ councillors over Article 4 directive
Earlier this week, Mr Justice Eyre commented that it was "apparent that the officers' report and the accompanying documents materially misled the members of the cabinet". That’s because only second homes with ‘material change of use’ required planning consent, but this was not made evident in the planning report. Instead, it referred to a ‘blanket ban.’
Councillor Craig ab Iago of Cyngor Gwynedd, said councillors had been keen to ensure that residents in Gwynedd could afford to purchase homes in their communities.
He added: "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.”
In Wales, planning authorities such as councils and national parks are permitted to use an Article 4 direction to help them control housing in their areas. But it does not apply to retrospective planning permission if there is already a second home or holiday let.
The National Park Authority for Snowdonia has already commented that it was considering introducing an Article 4 directive to preserve its environment.
