Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd

Enlli Angharad Williams, R (on the application of) v Cyngor Gwynedd

Permission to apply for judicial review is granted on ground 1 because it is arguable that the council misled the cabinet regarding the legal effect of the Article 4 direction and its efficacy, which goes to the heart of the policy. Grounds 2-5 are refused as they lack merit or are not properly arguable.

Parties
Claimant: Enlli Angharad Williams; Defendant: Cyngor Gwynedd
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission granted on ground 1; refused on grounds 2-5.
Legal Topics
Article 4 Directions, Material Change of Use, Permitted Development Rights, Affordable Housing, Welsh Language Policy
Planning Law Administrative Law Article 4 Directions Material Change of Use Permitted Development Rights Affordable Housing Welsh Language Policy

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Parties

Enlli Angharad Williams

Claimant

Cyngor Gwynedd

Defendant

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the council misunderstood the effect of Article 4 direction on material changes of use
  2. 2 Whether the council misdirected itself regarding affordable housing provision
  3. 3 Whether the council failed to consider relevant planning policy supporting holiday accommodation

Ratio Decidendi

Permission to apply for judicial review is granted on ground 1 because it is arguable that the council misled the cabinet regarding the legal effect of the Article 4 direction and its efficacy, which goes to the heart of the policy. Grounds 2-5 are refused as they lack merit or are not properly arguable.

Court Disposition

Permission granted on ground 1; refused on grounds 2-5.

Orders

  • Permission to apply for judicial review granted on ground 1.
  • Permission refused on grounds 2, 3, 4, and 5.