Article 4 Direction – a step in the process to consider taking action in Gwynedd

The Council has reached an important stage in the process of deciding whether to implement the Article 4 Direction in the Gwynedd Planning Authority area.

 

A report will be submitted to the Council's Communities Scrutiny Committee on 16 May to consider the responses received and the Council's responses to them, following the public engagement period on the introduction of an Article 4 Direction, held during August and September 2023.

 

Councillor Dafydd Meurig, Cyngor Gwynedd's Cabinet Member for Environment, said:

 

"The significant number of houses in Gwynedd being used as second homes and short-term holiday accommodation is having a substantial impact on the ability of people in the county to access homes in their communities.

 

"The Council submitted detailed research to Welsh Government highlighting the need for action to have better control of the situation.

 

"In response, the Government has introduced a series of measures which include amendments to planning legislation allowing Local Planning Authorities such as Cyngor Gwynedd to introduce an Article 4 Direction to control the use of houses such as second homes and holiday accommodation.

 

"We are grateful to everyone who provided comments during last year's public engagement.

 

"All responses have received careful consideration, and the discussion in the Scrutiny Committee will be an opportunity for members to take a look at this work before a report is submitted to the Council's Cabinet for a final decision."

 

The introduction of an Article 4 Direction would essentially enable the Council as Gwynedd Local Planning Authority to insist that property owners obtain planning permission before changing the use of a main home into a second home or short-term holiday accommodation.

 

The change would not apply to properties already established as second homes or short-term holiday accommodation before the Article 4 Direction came into force.

 

Recommendations stemming from Cyngor Gwynedd's Communities Scrutiny Committee discussions on 16 May 2024 will be included in the report to the Council's Cabinet in either June or July for a final decision on whether the Council is to implement an Article 4 Direction.

 

If the Cabinet decides to proceed, the Article 4 Direction would be in effect from 1 September 2024, in the Gwynedd Local Planning Authority Area only – not in the Eryri National Park area. The Park is currently undertaking a public consultation on the implementation of an Article 4 Direction in the Eryri Planning Authority Area.

 

For more information on the Article 4 Direction, visit: www.gwynedd.llyw.cymru/Article4

 

The full report can be found here: Agenda for Communities Scrutiny Committee on Thursday, 16th May, 2024, 10.00 am (llyw.cymru)

 

Notes:

 

The Welsh Government has introduced unprecedented powers to local authorities, allowing them to manage future numbers of second homes and short-term holiday lets. 

 

Changes to the national planning framework have introduced three new classes of dwelling, primary residence, secondary home and short-term holiday let. All local planning authorities have the power to decide whether planning permission is needed to change from one use class to another by dis-applying Permitted Development Rights. Dis-applying the rights is possible by serving an Article 4 Direction. If it is confirmed, Cyngor Gwynedd would be responsible for its implementation.

 

Cyngor Gwynedd is considering introducing an Article 4 Direction for the Gwynedd Planning Authority Area, and the Welsh Government is providing funding support for the Dwyfor area so that learning from the pilot area can be shared across the country.

 

Cyngor Gwynedd has served an Article 4 Direction 'Notice' for the Gwynedd Local Planning Authority Area (which is the area of Gwynedd located outside the Eryri National Park). 

 

The purpose of the Article 4 Direction is to revoke the permitted development rights of 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.   

 

The Council held a public engagement period from 2 August until 13 September 2023, and a report considering the feedback and responses to them will be considered by Cyngor Gwynedd's Communities Scrutiny Committee on 16 May.

 

A report will be submitted to Cyngor Gwynedd's Cabinet for members to consider the comments that will have been received and make a final decision whether or not to ratify the Article 4 Direction in June/ July.

 

If the Article 4 Direction is confirmed by the Cyngor Gwynedd Cabinet, it will be effective from 1 September 2024 ⁠onwards.