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

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

The Cabinet was materially misled by the Officers’ Report and accompanying documents, which failed to adequately explain that only material changes of use would be controlled by the Article 4 direction. This was a material consideration affecting the proportionality assessment and the efficacy of the policy. The decision was reached on a false basis and must be quashed.

Parties
Claimant: Enlli Angharad Williams; Defendant: Cyngor Gwynedd
Jurisdiction
England and Wales
Judgment Date
24 September 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
Article 4 Directions, Permitted Development Rights, Material Change of Use, Proportionality, Article 1 Protocol 1 ECHR
Administrative Law Planning Law Human Rights Article 4 Directions Permitted Development Rights Material Change of Use Proportionality Article 1 Protocol 1 ECHR

Case Brief

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Parties

Enlli Angharad Williams

Claimant

Cyngor Gwynedd

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's Cabinet was materially misled regarding the effect of the Article 4 direction
  2. 2 Whether the decision failed to take account of a material consideration
  3. 3 Whether relief is precluded by section 31(2A) of the Senior Courts Act 1981

Ratio Decidendi

The Cabinet was materially misled by the Officers’ Report and accompanying documents, which failed to adequately explain that only material changes of use would be controlled by the Article 4 direction. This was a material consideration affecting the proportionality assessment and the efficacy of the policy. The decision was reached on a false basis and must be quashed.

Court Disposition

Claim allowed; decision quashed

Orders

  • The Defendant's Cabinet decision of 16 July 2024 is quashed; relief not precluded by section 31(2A) of the Senior Courts Act 1981; further submissions to be heard on the form of relief.