Connect with us
Advertisement
Advertisement

News

Milford Haven: Legal battle over shed on wheels in court

Published

on

THE OWNER and occupier of the residence known as Pill Priory, in Lower Priory, Milford Haven was in court last week (May 9) to argue that a shed that he built without planning permission was not a building, but a movable object.

The argument is that by putting it on wheels, James Kershaw had created a chatel and not a property subject to planning rules.

At Haverfordwest Magistrates’ Court representatives from the Council said: “Pill Priory is a medieval priory. It is a highly sensitive. It is designated as a Grade 2* listed building and a Scheduled Ancient Monument. These designations denote that the property is nationally important.”

Kershaw, 39, who runs a gardening business, is accused of the offence of breaching the Enforcement Notice dated 26 September 2016 contrary to section 179 (2) of the Town and Country Planning Act 1990.

In court, both parties agree that in 2015 the defendant constructed a shed in the garden at Pill Priory without the benefit of planning permission.

When the Council became aware of the shed, they said, they asked him to remove it. He refused. In these circumstances, the Council had little choice, they say, but to serve the notice to require the removal of the shed.

The court heard that Kershaw then appealed the notice. He argued that the notice ought to be quashed as the shed is not a building and so the breach of planning control has been mis-described on the face of the notice; and that he ought to be granted planning permission retrospectively for it.

But the council said it suspects that the defendant made the adaptions to the shed after the first appearance in the Magistrates’ Court “when he realised the serious legal position in which he found himself.”

This is something that Kershaw denied in court, supported by a witness, Mr Dai Garland, who said that he assisted in the alterations long before the legal proceedings had commenced.

In its skeleton argument, barrister for the Council, Jack Smyth of No.5 chambers wrote: “The fact that the shed is lightweight (made of plywood and ship lap) and no larger than the average static caravan is neither here nor there. Not all buildings need be big. Lots of buildings are small (such as a modest greenhouse or wendy-house). It is denied that the adaptation of the shed transforms it from a building to a chattel.

Defiant: James Kershaw

He went on: “Even if the defendant is right that the shed is no longer a building, the fact that it was a building when the notice was served and scrutinised by the Inspector does not render the notice a nullity. Whatever label one attaches to it (“shed
“building”; “structure”; “hut”), we are talking about the same wooden “thing”.

“The label does not constitute a deficiency sufficiently serious to make a notice bad on its face.

“Even if the defendant is right that the shed is no longer a building, he could have demolished it as required by the notice. It is not accepted that this action was impossible.

The Council barrister went on in his report to say: “The Court may be impressed by the creativity and imagination displayed by the
defendant (and those acting on his behalf).

“But, in truth, the legal argument advanced by him is little more than semantic sophistry. It provides no defence to the summons. If he had simply removed the shed as he was required to do, we would not find ourselves here.

“Whatever the legal “gloss” placed on the defendant’s argument, it is contrived and unconvincing. The Court is invited to dismiss the argument and find the charge proven.”

THE DEFENCE

In his submissions, barrister for the defence Mr Matthew Graham Paul of Civitas Chambers wrote: “Where a unit is designed to be mobile, and in particular where it has its own wheels, the Courts have tended to find it lacks permanence. In Measor v. Secretary of State for the Environment, Transport and the Regions, Robin Purchas QC (a specialist in planning law) citing Barvis and Elitestone found there were ample grounds for his conclusion that the caravans which were the subject of the case did not constitute ‘buildings’ within [planning law].

“In the event that the Court disagrees that the adaptation of the shed so that it is not a building discharges the defendant’s obligations in complying with the notice (i.e. that it does not amount to ‘demolition’), it should nevertheless dismiss the charge because the Enforcement Notice is a nullity as it refers to a ‘building’.

“Secondly, if the shed was not a building on 12th February 2018 James Kershaw was in no position to demolish a building, as the Enforcement Notice purported to require. The action required by the EN was impossible, which has also been held to constitute a defence to failing to comply with the requirements of an Enforcement Notice by rendering it a nullity.”

Following lengthy legal submissions the judge decided to reserve judgement until next month.

The case was adjourned until 14th June 2019 for District Judge Chris James to deliver his judgement at Llanelli Magistrates’ Court.

News

Haverfordwest: Man detained under Mental Health Act on bypass bridge

Published

on

POLICE assisted a man who was sat on the road bridge above Freeman’s way in Haverfordwest on Sunday night (May 19).

He was taken to hospital, as he was believed to be suffering from mental health problems.

A spokesman for Dyfed-Powys Police told The Herald: “We received a report concerning the welfare of a man, who was sitting on the bridge above Freeman’s Way, Haverfordwest, at around 10.40pm on Sunday.

“The man was detained under the mental health act a short time later and taken to hospital.“He was not injured. Freeman’s Way was closed for around 10 minutes.”

Continue Reading

News

Milford Haven: Police called to Charles Street incident

Published

on

MILFORD HAVEN police responded to an emergency call from Charles Street in Milford Haven this afternoon (May 20).

Several officers attended following reports of a man injured on the pavement.

Our reporter at the scene said that a male was conscious but nursing injuries to his head

There are over 15 officers at the scene.

A male has been arrested and taken into custody in a police van.

 

MORE TO FOLLOW

Continue Reading

featured

Willy make the council fix the road?

Published

on

DRIVERS in and around the Maenclochog area are still recovering today after a hardened vandal spray-painted yellow penises along a stretch of road near Morvil.
The road, just off the B4313, was targeted with graffiti because of the number of potholes scattered along it’s length.
Locals have dubbed the cock-sure artist as ‘Wanksy’ and have discovered that whoever drew the penises also wrote ‘Follow the yellow d### road’.
Some of the penises have been drawn around more sizeable potholes, but simply pointing disapprovingly at the smaller ones.
If you want to report a pothole, the chosen method is still via the Pembrokeshire County Council website.
Continue Reading
News2 hours ago

Haverfordwest: Man detained under Mental Health Act on bypass bridge

POLICE assisted a man who was sat on the road bridge above Freeman’s way in Haverfordwest on Sunday night (May 19). He...

News1 day ago

Milford Haven: Police called to Charles Street incident

MILFORD HAVEN police responded to an emergency call from Charles Street in Milford Haven this afternoon (May 20). Several officers...

News1 day ago

Hakin: Young male arrested following allegation of assault

FIVE police vehicles descended on a property in Hakin at lunchtime today following a 999 call reporting an assault. Officers...

News1 day ago

Haverfordwest: Can you help police identify this man?

DYFED-POWYS POLICE is investigating the attempted theft of alcohol worth £650 from Morrisons, Haverfordwest, which happened at around 6.15pm on...

News4 days ago

Haverfordwest: Barn Street closed off after reports of man with knife

ARMED officers from Dyfed-Powys Police were called to Haverfordwest following reports of a man in possession of a bladed article....

News5 days ago

Emergency services in major drill at Waterston

A EMERGENCY SERVICES drill at Dragon LNG and SemLogistics took place earlier today (May 16) The Fire Service said on...

News6 days ago

Milford Haven: Legal battle over shed on wheels in court

THE OWNER and occupier of the residence known as Pill Priory, in Lower Priory, Milford Haven was in court last...

News1 week ago

Port sponsors Milford Youth Matters to deliver youth provision throughout 2019

THE PORT OF MILFORD HAVEN and Milford Youth Matters (MYM) have recently expanded their long-running partnership. The two organisations are...

News1 week ago

Traeth-Llyn: St Davids RNLI volunteers launch to kayaker in the water

ST DAVIDS RNLI all-weather lifeboat Norah Wortley was launched at 11:48am on Saturday (11 May) to a kayaker reportedly in...

News1 week ago

Strumble Head: Dramatic rescue follows ‘man overboard’ calls

A MAN who fell overboard from his vessel has been rescued from the water earlier today. Just after 10am today...

Popular This Week