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Successful challenge against Article 4 Direction: key implications for property owners
November 11, 2025
By Gwen Hughes
A recent case in the High Court considered changes made by a local planning authority to permitted development rights when they issued an Article 4 Direction.
The case highlights the need for local planning authorities to carefully consider the advice received when making such Directions and may cause investors, landlords, and commercial property professionals to consider reviewing and potentially appealing against any Directions.
Our commercial property expert, Gwen Hughes, examines the case and the potential ramifications.
An Article 4 Direction, in Wales, is a direction by a local planning authority or the Welsh Ministers that certain permitted development rights where planning permission is deemed automatically, no longer applies and a planning permission for that development will need to be made.
On 1 September 2024, Cyngor Gwynedd introduced an Article 4 Direction, which revoked the right to change the use of properties, without planning consent within the following Use Classes:
Crucially, it is noted that the Article 4 Direction only covered a ‘material’ change of use. Therefore, if a change of use within the above classes are not material, planning permission would not need to be obtained.
An appeal against the Article 4 Decision was brought to the High Court recently in Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd [2025] EWHC 2395.
The appeal was brought before the court on the sole ground that Cyngor Gwynedd introduced the Article 4 Direction on a mistaken basis.
The claimant argued that Cyngor Gwynedd introduced the Article 4 Direction on the mistaken assumption that all changes of use between the use classes, would require planning permission. However, a change of use between the use classes which is not a ‘material’ change of use does not require planning permission, regardless of the introduction of Article 4.
The Court decided that, when Cyngor Gwynedd decided to implement the Article 4 Direction, members of the Cabinet were materially misled by the officer’s report, to believe that all changes of use would be managed by the Direction. The report did not make the members aware that the Article 4 Direction would only apply to ‘material’ changes of use.
Not every change from a private dwelling to commercial letting would be a material change of use.
This judgement highlights many important considerations for Local Planning Authorities
Commercial property owners, investors, developers and landlords should now consider:
The Article 4 Direction was intended to lessen the growth of second homes and holiday lets, which Cyngor Gwynedd argued were pricing out locals from living in their local communities and threatening Welsh Language and Culture, but appears to have been undone by the advice the local planning authority received.
Cyngor Gwynedd is in the process of commencing an appeal in response of the High Court judgement in relation to the Article 4 Direction. A further hearing will decide whether it will be disapplied and its future remains, for now, uncertain.
Until a decision is reached, developers and property owners should proceed cautiously and seek advice where necessary.
Our commercial property team can provide clear and practical guidance on the topic discussed above. Get in touch today using the contact form, or via 029 2082 9100 to see how we can help you.
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