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.

Community

Pembs Agricultural Society’s Christmas Fair expands to an all-weekend event

Published

51 mins ago

November 15, 2024

Tom Sinclair

PEMBROKESHIRE AGRICULTURAL SOCIETY’S Christmas Fair will be an all-weekend event next month. The Christmas shopping extravaganza is all set to take place on Saturday, 14 December as well as Sunday, 15 December.

The Parkhouse building on the Haverfordwest Showground will be transformed into a Christmas paradise. There will be even more stalls this year with a wide variety of quality local businesses exhibiting as well as festive music, Santa in his Grotto and an outdoor food court.

Judith Roach and Emma Thomas, the event organisers, said, “We are excited to be able to announce that our Christmas Fair will be on for two days rather than just one this year. We continue to build on the success of last year’s event with twice the opportunities to attend and even more stallholders. It will be the perfect start to the festive season as the Parkhouse Building will be transformed into a one-stop-shop for those preparing for Christmas.”

The Fair will be open from 10am until 4pm and admission is free. Visitors will find unique gifts, handmade decorations, art and beautiful homeware. Some of the county’s very best food and drink producers will also have stalls to give visitors the opportunity to stock up on all their festive treats. From decadent chocolate brownies, fudge, festive spirits to Welsh cheeses, there’s something to tantalise everyone’s tastebuds. There will also be a range of outlets for ‘on the go’ eating and drinking.

One special guest at the event will be everyone’s favourite bearded gentleman in red – Santa will be taking time out from his busy schedule to attend the event. There will be a charge of £3 per child to visit Santa and all proceeds will go directly to Sandy Bear charity to support their work. Each child will receive a small gift from Santa as part of their visit. Parents can book in advance via the website: www.sandybear.co.uk/santa

Adam Thorne, Pembrokeshire Agricultural Society’s President is looking forward to the festive event. He said, “The Society would like to thank Judith and Emma for all the hours they have put in, voluntarily, to organise the two-day Christmas event. We’re delighted to be able to offer visitors the opportunity to do all their Christmas shopping whilst enjoying the festive atmosphere.”

Follow Pembrokeshire County Show’s Christmas Fair event page on Facebook for a full list of stallholders in the run up to the event.

Community

Officials announced for 2026 Eisteddfod in Pembrokeshire

Published

12 hours ago

November 14, 2024

Tom Sinclair

THE NATIONAL EISTEDDFOD returns to Pembrokeshire in 2026, and organisers have named the officials who will steer this major cultural event over the next year and a half.

With the artistic and local committees already established, meetings to finalise competitions and adjudicators are underway to ensure the List of Competitions is ready by spring. Committee members have also been voting over the past weeks to elect key officials for the Executive Committee.

John Davies, former leader of Pembrokeshire County Council, has been appointed Chair of the Executive Committee. Known for his deep connection to Pembrokeshire and extensive experience with national organisations, Davies aims to make the Eisteddfod a true community event, welcoming involvement from all corners of the region.

Tegryn Jones, Chief Executive of Pembrokeshire Coast National Park, takes on the role of Deputy Chair (Strategy). With a strong passion for Welsh culture and language, Jones brings a wealth of experience working with local communities, visitors, and volunteers across three counties.

Deputy Chair (Culture) is Carys Ifan, Director of Canolfan Egin and a seasoned cultural organiser. Based in Llangrannog and originally from Llandudoch, Ifan has led numerous artistic and community projects across the region.

Cris Tomos, a community development veteran with over 30 years of experience, will lead the 2026 Eisteddfod Local Fund. Working with PLANED, a community development charity, Tomos has supported countless community enterprises and co-operatives in Pembrokeshire, Ceredigion, and Carmarthenshire.

Non Davies, recently elected as Executive Committee Secretary, brings extensive cultural management expertise as Ceredigion County Council’s Corporate Manager for Culture. Having chaired the Cardigan Local Fund Committee for the 2022 Ceredigion Eisteddfod, Davies is well-versed in managing cultural projects.

National Eisteddfod Chief Executive, Betsan Moses, said: “We’re looking forward to working with John and the team over the next few months as we prepare for the 2026 Eisteddfod.

“There’s almost a quarter of a century since the Eisteddfod was last held in Pembrokeshire, and we’re very much looking forward to returning to the area. 2026 is an important year for us as we celebrate 850 years since the first Eisteddfod was held in Cardigan Castle in 1176.

“We’re looking forward to working in a new way within a catchment area which includes parts of another two counties, which is, of course, a chance to work with local people in Ceredigion and Carmarthenshire again.”

Further announcements are expected in the coming weeks, including the sale of competition prizes and opportunities to donate the Crown and the Chair.

The National Eisteddfod will be held in Llantood from August 1–8, 2026.

News

Campaigners urge Welsh Government to adopt proportional representation for Local Elections

Published

12 hours ago

November 14, 2024

Tom Sinclair

CAMPAIGNERS are calling on the Welsh Government to introduce the Single Transferable Vote (STV) system for local elections, following moves by two councils to shift away from the First Past the Post (FPTP) system being blocked on technical grounds.

Yesterday (Nov 14), Ceredigion Council voted narrowly, with an 18 to 17 majority, in favor of adopting STV. This follows Gwynedd Council’s decision last month, where 65% of councillors backed the move. However, both councils have been prevented from implementing STV due to a requirement for a two-thirds majority under the Local Government and Elections (Wales) Act 2021.

In recent consultations, public support for STV has been overwhelming, with over 70% in Gwynedd and 67% in Ceredigion favoring the change. Only Powys Council rejected the proposal, despite 60.5% of its respondents supporting STV. Campaigners argue that the current system deprives voters of representation, citing that over 100,000 people were denied a vote in the 2022 elections due to uncontested seats.

The Electoral Reform Society Cymru (ERS Cymru) highlights the contrast with Scotland, where the introduction of STV for local elections in 2007 has significantly reduced uncontested seats. According to ERS Cymru, Scotland has had fewer uncontested seats in the last four elections combined than Gwynedd Council recorded alone in 2022.

Jess Blair, Director of ERS Cymru, said:

“Decisions made in council chambers affect everyone in those areas, so every vote should count. It’s absurd that councils choosing STV are blocked by a technicality, leaving them stuck with an outdated system that denies representation to thousands. The Welsh Government must act to avoid repeating the undemocratic outcomes of the last elections.”

Campaigners are now calling on the Welsh Government to introduce STV across all councils in Wales, ensuring representation that reflects the electorate’s wishes.