The High Court has granted permission for a judicial review of Gwynedd Council’s decision to impose new planning restrictions on second homes and holiday lets. Enlli Angharad Williams, who brought the case, argues that the council misinterpreted planning laws and overestimated its authority in regulating property use changes.

Judicial review explained, or What is judicial review?

Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority.

The facts of the Gwynedd Council v Williams case on planning permission and second homes

In July 2024, Gwynedd Council introduced new planning controls to address the region's rising number of second homes and short-term holiday lets. The new rules require property owners to obtain planning permission when converting a primary residence into a second home or a holiday let. The move was aimed at tackling the housing crisis, which has made it difficult for local residents to afford homes.

Williams, however, contends that the council's approach is legally flawed. She argues that the decision was based on a misunderstanding of planning regulations and that the council overstepped its authority in enforcing such changes. Her legal challenge suggests that the council failed to assess the impact of its decision properly and did not fully consider the legal limitations on its powers.

The High Court found that Williams' legal arguments have enough merit to move forward to a full hearing. The court's decision does not overturn the planning restrictions but permits Williams to present her case in greater detail.

What was the rationale behind Gwynedd Council making planning restrictions on second homes?

Gwynedd Council, meanwhile, has defended its policy, stating that the restrictions were implemented to protect local housing availability. The council insists that its decision was lawful and necessary to address the increasing number of homes being used for short-term rentals rather than permanent residences. The argument is that too many homes let on short-term-lets-register-in-england'>short lets or airbnb or holiday lets reduces the supply of long term accommodation which pushes up rents and decreases the housing supply or housing stock available for would-be long term renters. And, a shortage of housing stock pushes up rents.

A full hearing will now take place, during which the court will examine whether the council’s planning restrictions comply with national planning laws. If Williams succeeds in her challenge, the court may order changes to or even remove the restrictions. However, if the council's decision is upheld, the new planning rules will remain in force.

Will the Gwynedd Council v Williams case cause a rush in house conversions into second homes?

The outcome of this case could have significant consequences for property owners, local councils, and communities facing similar housing challenges. If Williams wins, other councils across Wales may need to reconsider their approach to regulating second homes. On the other hand, if the court ruled in favor of the Gwynedd Council, it could pave the way for more local authorities to introduce similar planning restrictions.

The case has sparked wider discussions about balancing tourism with the need for affordable housing. While many local residents support measures to limit second homes, property owners argue that restrictive policies could harm the local economy by discouraging investment.

As the case moves forward, it will be closely watched by policymakers, property owners, and housing advocates. A final ruling will determine whether Gwynedd Council's decision was legally justified or exceeded its authority in enforcing stricter planning controls.

Frequently Asked Questions (FAQs)

1. What is a judicial review, and why was it granted in the Gwynedd Council v Williams case?

A judicial review is a legal process where a court examines whether a public authority's decision was made lawfully. In this case, the High Court allowed the review because Williams' argument—that Gwynedd Council misinterpreted planning laws—was deemed valid enough to warrant further examination.

2. How do Gwynedd Council’s planning restrictions affect property owners?

The new rules require property owners to obtain planning permission when changing a home’s use between a primary residence, a second home, or a holiday let. This makes it more difficult for owners to convert properties into short-term rentals without council approval.

In the Gwynedd Council v Williams case - what happens if Williams wins the case?

If the court rules in Williams’ favor, Gwynedd Council may have to revise or remove its planning restrictions. This could set a legal precedent affecting other councils in Wales that are considering similar regulations.