In what may have implications for the rest of the UK, Welsh solicitor Enlii Williams (pictured) has been granted a judicial review by the High Court (main image) over the use of planning laws to control the spread of second and holiday homes.

In July last year, Gwynedd Council accepted a recommendation that an Article 4 direction should be implemented, and planning permission woudl be needed for a change of use.

The council wanted to address the high proportion of properties being used as second homes or holiday lets, which it argued was affecting local housing availability and affordability and was also having a negative effect on its drive to protect the Welsh language.

Wider implications

That decision is now being challenged by Williams, who argued it was based on an erroneous belief that all changes between the new use classes required planning permission and called into question its effects on affordable housing and the Welsh language.

In a highly technical case which may have far wider implications, the Welsh High Court has now granted Williams a Judicial Review.

This case highlights the complexities local councils face in managing housing stock through planning controls.”

Mr Justice Pepperall said: “In my judgement, the direction cannot of itself require planning permission to be required for a change of use unless such change of use is material.

“Further, even after the making of the direction, it is properly arguable that a change of use from residential to commercial letting as holiday accommodation would not automatically amount to a material change of use, such that planning permission would always be required.”

And the court documents note: “This case highlights the complexities local councils face in managing housing stock through planning controls, especially in areas with high numbers of second homes and holiday lets.”

Gwynedd’s actions have already been blamed by one agent on the desmise of her business.

Enlii Williams has been approached for comment.

Read the judgement in full.