News

Milford Haven: Legal battle over shed on wheels in court

Published

7 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.

Community

Craig Flannery appointed as new Chief Fire Officer

Published

3 hours ago

December 19, 2025

Tom Sinclair

MID AND WEST WALES FIRE SERVICE LEADERSHIP CHANGE

MID and West Wales Fire and Rescue Service has announced the appointment of Craig Flannery as its new Chief Fire Officer, with effect from Monday, December 15, 2025.

Mr Flannery has served with the Service for more than twenty years, progressing through a wide range of middle management and senior leadership roles across both operational and non-operational departments.

During his career, he has been closely involved in strengthening operational delivery, risk management and organisational development. His work has included leading innovation in learning and development, overseeing the Service’s On-Call Improvement Programme, and driving investment in key enabling functions such as workforce development and information and communication technology.

The appointment followed a rigorous, multi-stage recruitment process led by Mid and West Wales Fire and Rescue Authority. Candidates were assessed through structured interviews, strategic leadership exercises and scenario-based assessments designed to test operational judgement, organisational vision and the ability to lead a modern fire and rescue service.

External professional assessors were also engaged to provide independent scrutiny, ensuring the process met high standards of fairness, transparency and challenge.

Mr Flannery emerged as the strongest candidate, demonstrating clear strategic leadership capability, detailed organisational knowledge and a strong commitment to community safety and service improvement.

Councillor John Davies, Chair of Mid and West Wales Fire and Rescue Authority, said: “Craig brings a deep understanding of our Service and a clear vision for its future. His appointment will strengthen our ability to innovate, support our workforce and deliver high-quality protection for the communities we serve.

“As we navigate a rapidly changing landscape, Craig’s experience in driving innovation and organisational development will be invaluable in helping us adapt and transform for the future.”

Commenting on his appointment, Mr Flannery said: “It is a privilege to lead this outstanding Service. I am committed to supporting our people, strengthening partnerships and building on the strong foundations already in place.

“As the challenges facing fire and rescue services continue to evolve, we must modernise and innovate, ensuring we have the skills, technology and capability needed to meet the needs of our communities. I look forward to working with colleagues and partners across Mid and West Wales to deliver a resilient, progressive Service that keeps people safe and places our staff at the heart of everything we do.”

Health

Resident doctors in Wales vote to accept new contract

Published

8 hours ago

December 18, 2025

Tom Sinclair

RESIDENT doctors across Wales have voted to accept a new contract, with 83% of those who took part in a referendum backing the agreement, according to BMA Cymru Wales.

The contract includes a four per cent additional investment in the resident doctor workforce and introduces a range of reforms aimed at improving training conditions, wellbeing and long-term workforce sustainability within NHS Wales. The BMA says the deal also supports progress towards pay restoration, which remains a central issue for doctors.

Key changes include new safeguards to limit the most fatiguing working patterns, measures intended to address medical unemployment and career progression concerns, and reforms to study budgets and study leave to improve access to training opportunities.

Negotiations between the BMA’s Welsh Resident Doctors Committee, NHS Wales Employers and the Welsh Government concluded earlier this year. Following a consultation period, a referendum of resident doctors and final-year medical students in Wales was held, resulting in a clear majority in favour of the proposals.

Welsh Resident Doctors Committee chair Dr Oba Babs Osibodu said the agreement marked a significant step forward for doctors working in Wales.

He said: “We’re proud to have negotiated this contract, which offers our colleagues and the future generation of doctors safer terms of service, fairer pay, and better prospects so that they can grow and develop their careers in Wales.

“This contract will help to retain the doctors already in training, and also attract more doctors to work in Wales, where they can offer their expertise and benefit patients.”

Dr Osibodu added that the BMA remains committed to achieving full pay restoration and acknowledged that challenges remain for some doctors.

“Whilst this contract sets the foundations for a brighter future for resident doctors in Wales, we recognise that there are still doctors who are struggling to develop their careers and secure permanent work,” he said. “We need to work with the Welsh Government and NHS employers to address training bottlenecks and underemployment.”

The Welsh Government has previously said it recognises the pressures facing resident doctors and the importance of improving recruitment and retention across NHS Wales, while also highlighting the need to balance pay agreements with wider NHS funding pressures and patient demand.

The new contract is expected to be phased in from August 2026. It will initially apply to doctors in foundation programmes, those in specialty training with unbanded rotas, and new starters, before being rolled out to all resident doctors across Wales.

Crime

Swansea man jailed for online child sex offence dies in prison

Published

8 hours ago

December 18, 2025

Tom Sinclair

A SWANSEA man who was jailed earlier this year for attempting to engage in sexual communication with a child has died while in custody.

Gareth Davies, aged 59, of the Maritime Quarter, was serving an 18-month prison sentence after being convicted in May of sending sexually explicit messages to what he believed was a 14-year-old girl. The account was in fact a decoy used as part of an online safeguarding operation.

The court heard that Davies began communicating with the decoy between November and December 2024 and persistently pursued the individual, later attempting to arrange a face-to-face meeting. He was arrested after being confronted by the decoy operators.

Davies had pleaded not guilty but was convicted following a trial. At the time of sentencing, police described the messages as extremely concerning and said his imprisonment was necessary to protect children.

It has now been confirmed that Davies died at HMP Parc on Wednesday (Nov 27) while serving his sentence.

The Prisons and Probation Ombudsman has launched an independent investigation into the death, which is standard procedure in all cases where someone dies in custody. No cause of death has been released at this stage.

A coroner will determine the circumstances in due course.