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Johnston: When good fences don’t make good neighbours

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jh2A DISPUTE in Johnston has escalated after a landowner erected fencing to prevent cars from passing and repassing over the access to his home.

Greg Bishop, the owner of Johnston Hall, spoke to The Herald earlier this week to express his exasperation about the way he has been vilified by Johnston Community Council, who he has accused of not bothering to respond to proposals he advanced in February of this year.

In the kitchen of Johnston Hall, Greg Bishop laid out a series of maps, plans, and charts dating back to the middle of the nineteenth century. The maze of lines and markings show the changing face of the village and the division and subdivision of land over time.

From Mr Bishop’s perspective, the situation is as clear as the lines on the map, which he says show that a car park on Church Road was originally part of the access way to the Hall.

“I want to make it clear,” Mr Bishop told our reporter, “I’m not claiming the land on which the car park is. People can keep on using the car park. All I am saying is that I don’t want people parking their vehicles across my gateway or blocking my access route to and from my property.”

Mr Bishop expressed his grievance that his motives and intentions had been both misinterpreted and misrepresented within the village.

“At no time have I said I will stop people using the car park as a car park, but it is being used as a turning circle or roundabout, and when vehicles come out of the end of the car park nearest Johnston Hall, they are blocking and damaging my property.

“The Community Council certainly doesn’t own the car park. It certainly doesn’t own the access to my property. And yet members of the Community Council have taken it upon themselves to stick their oar in.”

“I approached the Community Council and when I got nowhere trying to speak with them, my solicitor wrote a letter in February of this year. I didn’t get an answer, either from the Community Council or any solicitors acting on their behalf. Instead a petition misrepresenting everything that letter said was circulated at the Polling Station in Johnston Institute and round the village on the day of the General Election.

“The content of that petition was untrue from start to finish. It was actively canvassing people to subscribe to a version of events to support a legal dispute in which the Community Council has managed to involve itself without any legal claim to the land in question. Again, what business is it of theirs? They don’t own the land, they don’t even claim to own the land.  I tried talking with them, I made sensible proposals which they ignored. I have been advised to block off the end of the car park and I am considering my position on that.

“It is amazing to me that the solicitor who acted for Mr Evans when he sold the land to me, who acted when Mr Evans sold parts of the land to other people, finds himself able to act for the Community Council when Mr Evans has provided a witness statement in my ongoing application to the Land Registry.”

Mr Bishop reserved his sternest criticism for local County Councillor, Ken Rowlands, former Chair of Johnston Community Council who still sits as a member upon it: “I had gathered witness statements from three long standing Johnston residents. People who have been here a damned sight longer than me, and certainly longer than Mr Rowlands. One of them took his witness statement to show Ken Rowlands. Suddenly he decided that everything he had originally written in the statement was either untrue or he was not prepared to stick by it. What business was it of Mr Rowlands to interfere? It was nothing to do with him. As far as I am concerned, he has caused this dispute to arise. He is responsible for it.”

We spoke to Cllr Ken Rowlands about the dispute. Cllr Rowlands told us. His take on events was somewhat different: “What’s happened is that Mr Bishop made an approach to the community council about people parking in his gateway. We agreed to look at it, possibly arranging to paint some chevrons to prevent inconsiderate users of the car park from blocking his gates.

“Mr Bishop told us he would talk to his solicitors about it. The next thing we knew we had a letter laying claim to the car park and other land. That was completely unacceptable to us as a Community Council and we instructed our solicitors to respond.”

We pointed out that it was only after the previous landowner, Merrick Evans, had conveyed the land on which Fairfield Nursing Home sat, that the ‘car park’ area had been tarmacked by the Fairfield’s owner in the 1990’s. . At the time Fairfield had been built, the Hall’s then owner had imposed a condition regarding the maintenance of the roadway to adjoin Church Road. The existing pavement to the car park’s front had only been in position since 2006.

If the Community Council did not own the land and was not responsible for its upkeep, we asked Councillor Rowlands who was: “In light of the current situation, I have asked the Highways Department to adopt the roadway as a matter of urgency using its powers under S.31 of the Highways Act. There will shortly be an emergency meeting of the Community Council to discuss recent developments.”

He continued: “What I am concerned about here is that a facility that has been used for many years and is important for the flow of traffic has now been blocked off at one end. People using the surgery are having to reverse out of the car park.

“The end has now been fenced off and I had Council officers come out late at night to make sure it was safe and to erect high visibility signs around the fence which has now been put up.”

Mr Bishop told us: “I have followed my solicitor’s advice and put up a fence to protect my rights. I have said before, the Community Council’s attitude and the way I have been misrepresented is behind all of this. I have made generous offers that would place me to expense. The Community Council seems to think that it can do and say what it wants. It has inflamed the situation.”

3 Comments

3 Comments

  1. sjb

    August 8, 2015 at 4:12 pm

    councillors couldn’t even run a tap without their council “servants” telling them what to do 🙁 The quality of our public representatives seriously make me wonder If Democracy is such a great system.

  2. sjb

    August 13, 2015 at 5:30 pm

    I’ve seen a couple of dislikes to my comment, OK then guys, our glorious IPiG councillors can manage to run a tap – get your waders ready 🙂

  3. max

    August 14, 2015 at 4:46 pm

    Does this rowlands guy ever stop lieing,As you can clearly see cars parked,facing forward,why would he say they have to reverse out.The calibre of the protected elected people would surely fall over if they had to stand on their own two feet.

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News

Welsh Government outlines new rights for homeowners facing estate management charges

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HOMEOWNERS living on privately managed estates in Wales are set to gain new legal protections under changes being introduced as part of the Leasehold and Freehold Reform Act 2024, the Welsh Government has said.

In a written statement published on Thursday (Dec 18), the Cabinet Secretary for Housing and Local Government, Jayne Bryant MS, provided an update on how the legislation will be implemented in Wales, with a particular focus on estate management charges paid by freehold homeowners.

Until now, homeowners on privately managed estates have often faced unclear or high bills for maintenance and services, with limited ability to obtain information or challenge costs. Once fully implemented, Part 5 of the Act is intended to address those concerns.

New powers for homeowners

Under the reforms, homeowners will be given the right to challenge the reasonableness of estate management charges for the first time. Estate managers will also be required to provide clearer information about the services being paid for through those charges.

In cases where estate management has failed, homeowners will be able to apply to a tribunal for a substitute manager to be appointed. The Act will also require estate managers to publish details of any administration charges in advance, where payment is expected.

Jayne Bryant said the changes would bring “significant new rights and protections” for homeowners affected by estate management fees.

Welsh and UK consultations

Responsibility for introducing the necessary secondary legislation is shared between the Welsh and UK Governments. While many of the powers rest with UK Ministers, Welsh Ministers are responsible for rules relating to the publication of administration charges in Wales.

The Welsh Government has confirmed it is working alongside UK counterparts to ensure both consultations are launched at the same time, allowing homeowners and stakeholders to consider the full set of proposals together.

Homeowners are being encouraged to respond to both the Welsh Government consultation on administration charges and the UK Government consultation on the wider estate management regime.

The consultations are now open and form part of the process to bring the new protections into force.

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News

Flood warnings issued across Wales as heavy rain raises river levels

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FLOOD warnings and alerts have been issued across large parts of Wales as persistent heavy rain causes river levels to rise, with parts of the country facing an increased risk of flooding on Thursday (Dec 18).

Natural Resources Wales (NRW) has confirmed that four flood warnings are currently in place, meaning immediate action is required, while a further 16 flood alerts have been issued where flooding is possible.

A yellow weather warning for rain has been issued by the Met Office, covering much of Wales from 10:00am on Thursday until 7:00pm, with disruption expected in some areas.

NRW said the warnings follow prolonged wet weather, with further heavy rainfall forecast to move across the country during the day.

The Met Office said: “An area of heavy rain will move northeast across the warning area during Thursday morning and afternoon before clearing to the east through the evening.

“Given recent very wet weather, there is potential for some disruption to travel and possible flooding.

“Much of the warning area will see 15–25mm of rain but some places could see 40–50mm, with the highest totals falling over high ground of south Wales.”

Forecasters have also warned that strong winds could worsen conditions, particularly along the coast.

“There is a chance of 60–70mph gusts along the exposed south coast, and perhaps 40–50mph some way inland,” the Met Office added.

Flood warnings in force

NRW has confirmed flood warnings are currently active at the following locations:

  • River Towy at Carmarthen Quay, Carmarthen
  • River Ritec at Tenby
  • River Towy affecting isolated properties between Llandeilo and Abergwili
  • River Rhyd Hir at Riverside Terrace, Pwllheli

Residents in these areas are being urged to take immediate action to protect property and personal safety.

Flood alerts issued

In addition, flood alerts — meaning flooding is possible — have been issued for the Lower Severn catchment in Powys, along with other areas shown on NRW’s live flood monitoring maps.

NRW is advising people to remain vigilant, avoid flooded roads and footpaths, and keep up to date with the latest forecasts and warnings.

The Herald understands that river levels will continue to be closely monitored throughout the day as rainfall moves through Wales.

Members of the public can check the latest flood warnings and alerts on the Natural Resources Wales website or by signing up for flood alerts direct to their phone.

Flood alerts and warnings across Wales on Thursday (Pic: NRW).

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Crime

Jury discharged after failing to reach verdict in historic abuse trial

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CPS have a week do decide if they wish to pursue a re-trial, judge confirms

THE JURY has been discharged in the trial of a Milford Haven man accused of historic child sex offences after telling the court it was unable to reach a verdict, even by majority.

Thomas Kirk, aged 50, of Meyler Crescent, Milford Haven, is charged with the oral rape and sexual assault of a child, with the offences alleged to have taken place in Pembrokeshire between 2007 and 2009, when the complainant was aged between thirteen and fifteen. He denies the charges.

On Thursday (Dec 18), the jury returned to Swansea Crown Court and was asked whether it had reached a verdict on either count upon which at least ten jurors were agreed.

The foreman replied: “No.”

Judge Paul Thomas KC then asked whether there was any realistic likelihood that further deliberations would lead to a verdict being reached.

The foreman replied: “No, your honour.”

Judge Thomas KC said that in those circumstances he would discharge the jury and give the prosecution seven days to decide whether it would seek a retrial.

Addressing the jurors, the judge said they should not think they had failed or let anyone down.

“These things happen,” he said. “It’s one of the strengths of the jury system that people hold different views.”

He thanked the jury for their service and wished them a Merry Christmas and Happy New Year.

The court heard that the prosecution will now consider its position, with a further hearing expected next week to determine whether a retrial will take place.

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