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Council’s prosecution over shed was a ‘wheelie bad idea’

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A MILFORD HAVEN businessman has succeeded in overturning a decision that he breached planning rules.

James Kershaw, of Lower Priory, was convicted when a Court ruled that a shed he placed on wheels was a permanent fixture at his home.

However, in an appeal hearing on Friday (Aug 23), Swansea Crown Court found that the Council’s prosecution of Mr Kershaw was an abuse of process.

The Judge accepted Mr Kershaw’s evidence he undertook work to put wheels on the shed in January 2018.

When he did so, Mr Kershaw relied on the advice given to him by an officer of Pembrokeshire County Council. In September 2017, the officer told Mr Kershaw that provided he placed the shed on wheels there would be no problems with planning and enforcement.

The Judge decided that it would bring the administration of justice into disrepute to allow the planning authority to prosecute Mr Kershaw after he relied upon the advice given to him by one of its employees.

After the case James Kershaw, who was awarded substantial costs, said: “The judge made the only fair and reasonable decision he could have in this case. I would like to thank my legal team, including my very capable barrister Mr. Matthew Paul.

“The Council’s incompetence has cost the local taxpayer over £10,000.

“The shed doesn’t harm anyone and is a mobile, movable structure which replaces a more permanent shed which was dilapidated and in the same location.”

“I hope the Council can concentrate now on more pressing issues like sorting out the flood risk at Lower Priory.”

“The Council’s planning department, who were keen to prosecute me, are responsible in part for the flooding which affected so many people last year in my neighbourhood; they allowed development lower down stream at Haven’s Head Business Park.”

“Sorting this issue for the other locals and myself is clearly more important than them wasting time and money on a pointless legal challenge”, jokingly Kershaw said, “it was a wheelie bad idea”

Pembrokeshire County Council’s Cabinet Member for Planning and Infrastructure, Phil Baker, said: “While accepting the Court’s decision, the Council wishes to point out that the ruling hinged on a legal argument over process due to the discovery of advice provided by a planning officer given to the applicant during the planning application.

“The Appeal Judge determined that this subsequently invalidated the Authority’s ability to bring a prosecution.”

Councillor Baker explained: “The Council is keen to stress that it should not be accepted that the outcome of this case implies that by adding wheels to a structure that it is no longer a building and therefore not subject to planning regulations.”

He added that the planning officer in question is no longer employed by the Authority.

News

Too many children in Wales living in poverty – Lib Dems want action

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THIS week in the Senedd, the Welsh Liberal Democrats renewed their demands for the implementation of child poverty targets.

According to a report from the Bevan foundation, 29% of children living in Wales are currently experiencing poverty (an estimated 190,000 children).

The same report highlighted that the largest percentage of children living in poverty are from working households or in couple households.

The Welsh Lib Dems are now renewing calls for the Welsh Government to create a set of targets for reducing child poverty, which the party argues will allow for more accountability.

The party has previously called for the implementation of targets, citing recommendations from the Calling Time on Child Poverty Report published in November last year.

Commenting, the Leader of the Welsh Liberal Democrats Jane Dodds MS said: “The latest statistics on childhood poverty in Wales paints a very distressing image of families across the country struggling to make ends meet.

Over the course of the last six years, the proportion of children in poverty has skyrocketed. Fuelled by worsening economic conditions and a complete lack of action from both governments in Westminster and Cardiff Bay.

We cannot act complacent about these figures nor accept the clear lack of progress in fighting child poverty, behind each statistic is a child that the state has failed.

It remains painfully clear that the Welsh Government is failing to make any meaningful progress in this fight, which is why they must follow through with the implementation of clear set targets that will allow for further accountability.

We as a party have continuously called for the creation of these targets and we will not be silenced. For the sake of future generations we urge the Welsh Government to listen.”

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Crime

Welsh constabulary areas record another increase in shoplifting

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RETAIL trade union Usdaw is deeply concerned by today’s police recorded crime statistics showing that in 2023 there were significant increases in shoplifting across all constabulary areas in Wales. In the whole of England and Wales there has been a persistent upward trend since the pandemic, which continued with a 37% increase and has now risen to the highest level in 20 years.

The Office for National Statistics released figures showing a 39% increase in shoplifting incidents across Wales and by constabulary area as follows:

  • Dyfed-Powys +11%
  • Gwent +47%
  • North Wales +23%
  • South Wales +51% 

Usdaw’s 2023 annual survey of over 5,500 shopworkers found that 60% had suffered incidents of violence, threats and abuse that were triggered by shoplifting and armed robbery.

Paddy Lillis, Usdaw General Secretary says: “Shoplifting is not a victimless crime, theft from shops has long been a major flashpoint for violence and abuse against shopworkers. Having to deal with repeated and persistent shoplifters can cause issues beyond the theft itself like anxiety, fear and in some cases physical harm to retail workers. This 39% increase in shoplifting across Wales is further evidence that we are facing an epidemic of retail crime, which is hugely concerning.

“Our members have reported that they are often faced with hardened career criminals in the stores and we know that retail workers are much more likely to be abused by those who are stealing to sell goods on. Our latest survey results show that 7 in 10 retail workers suffered abuse from customers, with far too many experiencing threats and violence. 60% of respondents said theft from shops and armed robbery were triggers for these incidents.

“The scale of assaults, abuse and threats towards shopworkers and extent of the retail crime epidemic has been a disgrace for many years. This has been made worse by police cuts and a failure to legislate to protect retail staff. Usdaw has long called for action that includes a standalone offence for assaulting a shopworker and that has been vehemently opposed by this Government and their Conservative MPs on many occasions.

“Recently the Government performed a long overdue U-turn after many years of sustained campaigning by Usdaw and others. Our members have had to wait too long for their voices to be heard and common sense to prevail. We will have to see the detail of what Ministers are proposing and we are clear that it must be at least what we won in Scotland three years ago. It also cannot fall short of Labour’s commitments to 13,000 more uniformed officers, patrols on high streets, banning repeat offenders and ending the perverse £200 threshold for prosecuting shoplifters.

“The dither and delay by this Government on this issue over many years, has led to thousands of shopworkers needlessly suffering physical and mental injury. Today’s stats should ensure that their promise to legislate is done speedily. We hope that whatever the Government is proposing will be substantial and effective in giving shopworkers, key workers in every community, the respect that they have long deserved and regrettably too often do not receive.”

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Crime

All three school stabbing victims discharged from hospital, police confirm

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POLICE remain at Ysgol Dyffryn Amman today, following an incident yesterday in which three people were injured, Dyfed-Powys Police confirmed on Thursday (Apr 25)

Officers will be at the school throughout the day as the CID-led investigation progresses.

A teenage girl remains in custody after being arrested on suspicion of attempted murder.

Two teachers and a teenage pupil were taken to hospital with stab wounds, which were not life-threatening. All three victims have now been discharged from hospital, having been treated for knife injuries.

Carmarthenshire Superintendent Ross Evans said: “As can be expected with an incident as serious as this, there will continue to be a police presence at the school throughout the day today.

“Officers at the scene will be looking for evidence to assist the investigation, while other specialist teams will analyse any information submitted through our dedicated web page.

“We understand the level of concern in the community as people try to process the incident. We urge anyone affected by yesterday’s events to seek support, and not to share any videos, photos or information that might cause further distress to pupils or parents at the school.

“We continue to work with Carmarthenshire County Council and other agencies as they provide support to those affected by yesterday’s events.”

Speaking on Wednesday evening, Superintendent Ross Evans said:“Dyfed-Powys Police continue to investigate the serious incident that took place at Amman Valley School in Carmarthenshire this morning.

“We received a call just after 11.20am advising us people were injured following an incident at the school.

“Emergency services immediately attended, and the school was locked down for the safety of everyone on the premises.

“Two teachers and a teenage pupil were taken to hospital with stab wounds. Their injuries are not life threatening.

“A teenage girl has been arrested on suspicion of attempted murder and currently remains in police custody.

“A knife has been recovered as evidence.

“I am aware that there is footage of the incident currently circulating on social media and would ask that this is removed to preserve the integrity of the ongoing investigation, and to avoid further distress to those involved.

“I would also ask that people do not speculate while there is a police investigation ongoing, and to refer to official channels for factual updates.

“Local people will see more police in the area over the coming days as the investigation continues.

“I would like to reassure parents and the public that the incident has concluded, and pupils have now left the school.

“We are working with the school and other agencies to ensure appropriate support is available to all those involved.

“This was a very distressing incident, and our thoughts are with the victims, their family and everyone impacted by what has happened.

“We have set up a dedicated portal, and anyone with information that could help us with our investigation is asked to report it through this link to help police manage the volume of information coming in to us.

“Lastly, I would like to thank the whole community for their support and patience while police, emergency services, Carmarthenshire County Council and the school work through this distressing incident today and over the coming days.”

Anyone with information that could help officers with their investigation is asked to report it to Dyfed-Powys Police by calling 101.

Images: BBC News Hub

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