Background
As part of measures to seek to manage the impact of second homes and short-term holiday lets on communities, the Welsh Government has introduced changes to planning legislation (see Further Information at the bottom of this page).
The amendments to planning legislation means that a Local Planning Authority can introduce what is known as an Article 4 Direction to manage the use of housing as second homes and holiday lets.
After undertaking the necessary steps, the Article 4 Direction enables Local Planning Authorities to require property owners to obtain planning permission before changing the use of their properties into second homes or short-term holiday lets.
Article 4 Direction
The Authority has served an Article 4 Direction ‘Notice’ for Eryri National Park (which includes parts of Gwynedd and Conwy).
Public Notice: Article 4 Direction
The purpose of the 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.
A report has been prepared which highlights the exceptional circumstances to justify the intention of introducing the Article 4 Direction (see documentation below).
Furthermore, an Impact Assessment on Equality, the Welsh Language and Socio-Economic Disadvantage has been prepared, as well as a separate Welsh Language Impact Assessment (see documentation below). The assessments will be modified during the process of preparation and receiving approval of the Article 4 Direction.
Supporting documentation:
Article 4 Justification Report
Welsh Language Impact Assessment
All documentation are also available to view as hard copies at the National Park Authority Headquarters in Penrhyndeudraeth, at its Information Centres in Betws y Coed, Beddgelert and Aberdyfi, and in public libraries.
Have your say
A 6 week period of public consultation will commence on April 12th 2024 until 5pm on May 24th 2024.
You can submit your comments through the Microsoft Form on the link below, by email, or on a paper form.
The responses submitted will be considered as part of the analysis process.
What happens after the consultation period?
After analysing all the responses, a report will be presented to the National Park Authority’s Planning and Access Committee for members to consider the representations received and to make a final decision whether or not to confirm the Article 4 Direction.
Should they decide to confirm, the Article 4 Direction will be implemented from 1 June 2025 onwards.
Article 4 Direction in the wider Gwynedd area
Cyngor Gwynedd has already served an Article 4 Direction notice for the Gwynedd Local Planning Authority Area (which is the area of Gwynedd located outside Eryri National Park). Should they decide to confirm the Article 4 Direction for the Gwynedd Local planning Authority area this will be implemented from the 1st of September 2024 onwards.
An Article 4 Direction is a planning tool which enables Local Planning Authorities to respond to the specific needs of their areas.
For specific types of developments, planning permission is not required, these are referred to as ‘permitted development rights’.
However, by implementing the Article 4 Direction, a Local Planning Authority can require planning consent in specific areas for some types of developments which would otherwise be permitted development, i.e. where no planning consent would be required for the use.
As part of efforts to manage the use of some houses as second homes and holiday lets in communities, the Welsh Government has amended relevant Planning Acts. These reforms enable Local Planning Authorities to control the use of houses as second homes or short-term holiday lets.
Use classes (categories) have been introduced which relates to dwelling houses, second homes and holiday lets, as follows:
Class C3 – Dwelling houses, used as a sole residence or main residence (Main Home),
Class C5 – Dwelling houses used otherwise that as a sole or main residence (Second Home)
Class C6 – Short-term lets (Short-term Holiday Accommodation)
At present, owners can change between these specific use classes without the need for planning permission. However, in order to control the use of houses, planning authorities can now modify the planning system locally in their area through the introduction of an Article 4 Direction.
Should an Article 4 Direction be introduced, it will be possible for a Local Planning Authority to remove the permitted development rights for some types of developments. This would make it a requirement for residential property owners to obtain planning permission from the Local Planning Authority before changing their property to a specific use.
If the Article 4 Direction is confirmed, and you own a residential dwelling (which is a main home) within the Eryri Local Planning Authority Area and wish to change the use to a second home, short term holiday let or specific mixed use, you will be required to obtain planning consent from Eryri National Park Authority before undertaking the change of use.
If you own a dwelling that is already in use as a second home, short term holiday let or specific mixed uses (before 1 June 2025) – the Article 4 Direction will not affect the current use.
Gwynedd Council and Eryri National Park have called for changes to ensure better control of the use of houses as holiday homes, whether they are second homes or short-term holiday accommodation. This change was campaigned for as part of efforts to ensure that there is an affordable provision of houses that meet the needs of local communities.
As highlighted in the Justification Report, Eryri has a high percentage of second homes and holiday accommodation compared to the rest of Wales, with 17.4% of the housing stock being second homes or short-term holiday accommodation.
Research also shows that on average 65.5% of Eryri’s population are priced out of the housing market, with the percentage increasing significantly in areas where there are higher numbers of holiday homes.
By successfully implementing the new measures, the use of houses as second homes and short-term holiday accommodation in Eryri can be controlled. Furthermore, the changes to planning legislation offer an opportunity to control the use made of new houses into the future.
No, it is important to note that the decision to introduce the Article 4 Direction is not retrospective and property-owners will not be expected to submit a planning application for use that is already established.
The direction is relevant to any change of use following the formal confirmation and implementation of the Article 4 Direction by the Local Planning Authority (Eryri National Park).
However, if you wish to receive formal confirmation of the legal use of your property, you can do so by submitting a Lawful Development Certificate application to the Local Planning Authority. A Lawful Development Certificate provides assurance that the current use of the building is legal, and that planning permission is not required for that use. It is not compulsory to obtain a Lawful Development Certificate, however, there may be circumstances where it may be useful to confirm that the use of the property is legal.
Owners of second homes and holiday lets are advised to collect evidence or keep a record that shows the use of their property (e.g. tax evidence or letting transfers) at the time the Article 4 Direction comes into force (if confirmed). This evidence can be used to support your case should the use be questioned in the future.
At present, the changes to the relevant planning legislation allows for mixed use, meaning that the occasional use of a residential house (C3 use class) for holiday use (C6 use class) would be possible without the need for planning permission.
It is emphasised that this position may change depending on the content of the Article 4 Direction.
There is a specific process that a Local Planning Authority is expected to follow when introducing an Article 4 Direction.
On the 6th of March 2024 a report was submitted to the Snowdonia National Park Authority’s Planning and Access Committee outlining the evidence for the submission of Article 4 Direction.
During the meeting members voted to serve an Article 4 Direction ‘notice’ and thereby hold a period of public engagement where there will be an opportunity for the public to submit comments.
After analysing all the responses, a report will be submitted to the Authority’s Planning and Access Committee, the comments will be considered by the members and they will make a final decision to confirm the Article 4 Direction or not.
If the Planning and Access Committee votes in favour of introducing an Article 4 Direction, it will be implemented from June 2025 onwards.
Cyngor Gwynedd has placed an Article 4 Direction ‘Notice’ for the Gwynedd Local Planning Authority Area (which is the area of Gwynedd located outside Eryri National Park). Details can be found on Cyngor Gwynedd’s website.
Conwy County Borough Council has not confirmed if they intend to introduce an Article 4 Direction for second homes and short term holiday accommodation, for the Conwy Local Planning Authority Area (which is the area of Conwy located outside Eryri National Park)
Didn’t find the answer to your question?
If you have any enquiries or questions that weren’t covered in our FAQs above, you’re welcome to contact the Planning Policy Team by emailing Polisi.Erthygl4@eryri.llyw.cymru
Further Information
Written Statement: Welsh Government’s Changes to Planning Legislation