Gwynedd Borough Council is to appeal a High Court decision which found that cabinet members who supported a direction on second homes and short-term holiday lets were ‘materially misled’, reports Aberdare Online.
Aberdare Online writes:
In Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd [2025] EWHC 2395, Mr Justice Eyre found that an officer’s report and accompanying documents failed to properly detail the nature of a policy aimed at curbing the number of holiday lets and second homes…
…
… in his judgment, Mr Justice Eyre said: ‘The members of the cabinet were not alerted to the fact that such of those changes which did not amount to material changes of use would remain outside the Defendant’s control… The extent of the control given by the Article 4 direction was, the claimant says, a material consideration. She says that as a consequence the members were misled in a material respect and failed to take account of a material consideration.’
… Mr Justice Eyre upheld the claim… … ‘The making of the Article 4 direction gave the Defendant control over changes between classes C3 and C5 and C6, which were material changes of use, but not between such changes which were not material…. The papers… when read realistically, gave the incorrect impression that all changes would be controlled.’
