News

Milford Haven: Legal battle over shed on wheels in court

Published

6 years ago

May 15, 2019

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.

Charity

Shalom House adapts to community needs amid financial struggles

Published

5 hours ago

December 18, 2024

Tom Sinclair

A HOSPICE in St Davids is finding new ways to support the community after financial challenges forced changes to its operations. Shalom House, a well-loved facility on Nun Street, has shifted its focus in recent years, balancing healthcare provision with its founding mission.

Established in 2007, Shalom House was originally designed as a five-bed hospice offering respite and palliative care. Its creation was made possible by the donation of the property from Elizabeth de Guise, a novelist with a deep connection to Pembrokeshire. However, rising costs and funding shortfalls have led to significant changes in how the hospice operates.

In late October, the closure of St Davids Surgery prompted Shalom House to repurpose two of its rooms for use by a branch surgery. The facility is now home to a service staffed by practice nurses under Hywel Dda Health Board, ensuring local residents continue to have access to healthcare.

Balancing priorities

While the move has been welcomed by many in the area, it has come at a cost. Shalom House now operates with three respite beds instead of five, a change that has sparked concern among some supporters.

“We had to make a difficult decision,” a spokesperson for the hospice said. “Our primary goal is to serve the community, and this arrangement allows us to do so in multiple ways. The branch surgery provides vital medical care while helping us generate income to keep Shalom House open.”

The hospice continues to offer day-care services to several patients each week, with additional respite care provided as resources allow. Trustees are optimistic that full capacity can be restored in the future, depending on funding.

Community campaign brings hope

Despite the challenges, Shalom House has received overwhelming support from the Pembrokeshire community. A recent campaign, “Save Shalom,” has seen donations increase dramatically, offering a glimmer of hope for the hospice’s long-term future.

Local resident and campaign volunteer, Jenny Williams, said: “Shalom House means so much to so many people. It’s more than a building—it’s a lifeline for families across the county. We’re determined to do everything we can to keep it running.”

Looking ahead

The trustees are exploring new ways to raise funds and expand services, with plans to launch a series of community events next year. They have also expressed gratitude for the continued generosity of local residents, whose donations remain crucial.

“Shalom House has always been about Pembrokeshire’s people,” said the spokesperson. “Every penny donated helps us provide care and support to those who need it most. We’re confident that, with the community behind us, we can overcome these challenges.”

For more information about Shalom House or to make a donation, visit www.shalomstdavids.org.

Entertainment

A Christmas spectacular at St Davids Cathedral delights audience

Published

5 hours ago

December 18, 2024

Tom Sinclair

A CHRISTMAS celebration of music and song enthralled audiences at St Davids Cathedral on Saturday (Dec 14), as the St Davids Cathedral Choir and Vox Angelica presented A Christmas Spectacular. The event, which began at 7:00pm, offered a festive evening of performances set against the awe-inspiring backdrop of one of Wales’ most iconic landmarks.

The concert featured the talented harpist Bethan Semmens, who captivated listeners with her intricate and emotive playing. A Cardiff native, Semmens studied at the Royal College of Music and has performed at prestigious events across the UK and internationally. Her contributions to the evening brought an enchanting touch to the programme.

The night was packed with beloved seasonal pieces, showcasing both choral and soloist performances. Highlights included the timeless Good King Wenceslas, Winter Wonderland, and festive classics such as The Twelve Days of Christmas. The Cathedral Choir delivered stirring renditions under the vaulted ceilings, with carols and arrangements that beautifully resonated throughout the space.

Special moments featured solos by Harriet Pearce and Sophie Cooke, who lent their voices to favourites like There Is No Rose and Balulalow. The audience was further treated to a moving arrangement of A Ceremony of Carols by Benjamin Britten, performed in harmony with Bethan Semmens’ harp accompaniment.

A medley of carols encouraged audience participation, culminating in a joyful and spirited atmosphere. Families, friends, and visitors joined their voices for classics that brought warmth and festivity to the wintry evening.

The performance concluded with an uplifting recessional, leaving attendees with a sense of seasonal cheer. The Cathedral, adorned with Christmas trees and lights, provided the perfect setting for what many described as an unforgettable musical experience.

The Herald understands that A Christmas Spectacular was a resounding success, with plans already underway for next year’s event.

News

Greyhound racing in Wales: Future hangs in balance as decision delayed until 2025

Published

5 hours ago

December 18, 2024

Tom Sinclair

THE WELSH GOVERNMENT’S decision to postpone a ruling on the future of greyhound racing until 2025 has sparked mixed reactions, with animal welfare groups voicing disappointment and industry representatives welcoming the extended timeline for discussion.

Welfare groups demand urgent action

Animal welfare organisations, including Dogs Trust, RSPCA Cymru, Blue Cross, Greyhound Rescue Wales, and Hope Rescue, have expressed dismay at the delay. The coalition, known as Cut the Chase, has long advocated for an end to greyhound racing in Wales, calling the postponement a missed opportunity to prevent further harm.

Their concerns mirror recent developments in New Zealand, where greyhound racing will be banned by August 2026 due to concerns over injuries and fatalities. Owen Sharp, Chief Executive of Dogs Trust, stated:
“The call to end greyhound racing in Wales has received overwhelming support from the animal welfare community, Members of the Senedd, and the public, with over 35,000 people signing a petition demanding change.

“It is unacceptable that so many dogs die or are seriously injured every year, all in the name of entertainment. Wales now stands alongside only a handful of countries, including England and Scotland, where this outdated and inhumane practice persists. The Welsh Government must take the only meaningful action to stop this cruelty: end greyhound racing once and for all.”

Public supports a phased ban

A consultation conducted by the Welsh Government revealed that 64.69% of respondents supported a phased ban on greyhound racing. Despite this, officials have opted to extend deliberations, with a final decision now expected in 2025.

Animal welfare groups highlighted troubling figures from the Greyhound Board of Great Britain (GBGB), which reported 359 racing greyhound deaths and 4,238 injuries in 2023 – a 47% increase in fatalities compared to the previous year. Concerns extend to off-track welfare, including reports of poor living conditions, inadequate nutrition, and lack of enrichment for retired greyhounds.

Industry defends its welfare standards

The GBGB has countered criticism by emphasizing welfare improvements at licensed tracks such as Valley Stadium in Wales. Mark Bird, GBGB Chief Executive, said:
“Valley Stadium’s licensing has brought significant welfare improvements, overseen by expert veterinarians and our national network of professionals. Racing greyhounds receive more oversight and protection than many pet dogs across Wales.

“We remain committed to working with the Welsh Government to promote and protect greyhound welfare through effective and proportionate regulation.”

Broader calls for change

The debate in Wales reflects a growing movement to end greyhound racing across the UK and beyond. In Scotland, a Proposed Prohibition of Greyhound Racing Bill aims to outlaw the sport, while New Zealand has committed to a ban, citing ethical concerns.

Decision delayed but debate intensifies

The Welsh Government has emphasized the need for thorough consideration before making a final decision. However, the delay has intensified divisions, with animal welfare groups urging an outright ban and the industry advocating for improved regulation as a viable alternative.

A final verdict is not expected until 2025, leaving the future of the sport – and the welfare of thousands of greyhounds – uncertain.