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.

News

Political leaders and unions react to Milford Haven school assault

Published

8 hours ago

February 6, 2026

Tom Sinclair

First Minister, MP, MS and teaching unions call for safety and support for staff

POLITICAL leaders and teaching unions across Wales have spoken out following Thursday’s assault on a teacher at Milford Haven School, which led to a lockdown, a major police response and the arrest of a 15-year-old boy on suspicion of attempted murder.

The First Minister Eluned Morgan said she was “deeply concerned” by the incident and stressed that violence had no place in Welsh schools.

***Police at Milford Haven School on May 5 (Pic: Herald)***

Her comments come just days after she visited the Milford Haven campus following the school being placed into special measures by Estyn, where she met leaders to discuss improvement plans and support arrangements.

She said her thoughts were with the injured teacher, their family and the wider school community, and praised the swift response of staff and emergency services.

Local MP Henry Tufnell, who represents Carmarthen West and South Pembrokeshire, described the incident as deeply upsetting for what he called a close-knit community.

He said he was thinking of the teacher and pupils affected and thanked Dyfed-Powys Police and ambulance crews for their professionalism.

Meanwhile Senedd Member Samuel Kurtz said: “Deeply concerning news across the water in Milford Haven.

“Sadly, violence in our schools is becoming all too common, and thanks must go to the emergency services for their timely response. Thoughts are with the injured teacher, their family and the wider school community.”

Leader of the Welsh Conservatives Andrew RT Davies said teachers must feel safe at work and called for continued support for school staff.

Teaching unions also responded.

NASUWT said teachers “deserve to feel safe in their workplace” and that any violence against staff must be taken seriously, while National Education Union said schools must remain safe spaces for both pupils and staff and urged continued focus on safeguarding and behaviour support.

All said support would be offered to the Milford Haven school community in the days ahead as police investigations continue.

Crime

Teacher discharged as police step back from Milford Haven school after assault

Published

9 hours ago

February 5, 2026

Tom Sinclair

Teenager remains in custody as school closes and patrols increased to reassure community

POLICE have confirmed they are no longer stationed at Milford Haven School after a teacher was assaulted by a pupil on Thursday afternoon (Feb 5), as the injured member of staff has now been discharged from hospital.

In a joint statement issued by Dyfed-Powys Police, Pembrokeshire County Council and Hywel Dda University Health Board, Superintendent Chris Neve said swift action had been taken to protect pupils and staff.

He said: “Police are no longer in attendance at Milford Haven Comprehensive School, following a report of the assault of a teacher at approx. 3.20pm this afternoon.

“I would like to reassure parents, and the wider community, that swift action was taken to both safeguard pupils and teachers, and to trace the suspect as soon as this report was received.

“The teacher has now been discharged from hospital and is being supported by specialist officers. All pupils at the location were safe, and all returned home unharmed. A 15-year-old boy has been arrested and remains in police custody as enquiries continue.

“You will see a higher than usual police presence in the area over the coming days – these will be dedicated patrols to provide further reassurance.”

The injured teacher was earlier taken to hospital by road ambulance.

An immediate lockdown was put in place at the school while emergency services responded. Most pupils had already left for the day, but those still on site were secured inside classrooms and offices as a precaution.

School closed on Friday

Council leader Cllr Jon Harvey said the school would be closed to pupils on Friday to allow support and safety measures to continue.

He said: “We would like to thank staff and pupils at Milford Haven School for implementing a swift and effective lockdown in response to this incident.

“While the school will be closed to pupils tomorrow, if there are any learners who require additional support they are welcome to attend and there will also be support for staff on site.

“We’d like to reassure learners and parents, along with the wider community, that all measures to ensure safety are being taken.”

The health board added that anyone needing urgent mental health support can call NHS 111 and press option 2 for 24-hour assistance.

National spotlight

The incident has drawn national media attention.

BBC News broadcast live from the school gates during its Ten O’Clock News bulletin, while ITV News and several national titles also covered developments.

Journalists from a number of UK outlets, including The Sun, contacted The Herald as events unfolded, with several Welsh and national publishers using photographs first taken by Herald reporters.

Residents said the scale of coverage was unprecedented for the normally quiet port town.

Police enquiries are continuing.

Photo caption:

Police outside Milford Haven School following Thursday’s incident (Pics: Herald).

Health

Health board targets rise in steroid and gym drug use across west Wales

Published

13 hours ago

February 5, 2026

Tom Sinclair

THE LOCAL health board has launched new targeted measures after recording a sharp rise in the use of steroids and other image-enhancing drugs across the region.

Hywel Dda University Health Board says needle exchange figures show significant growth over the past two years in people seeking support related to Image and Performance Enhancing Drugs (IPEDs), including anabolic steroids and so-called Selective Androgen Receptor Modulators (SARMs).

SARMs, while marketed online as safer alternatives to steroids, are illegal to sell in the UK and health professionals warn they carry serious and largely unknown risks.

The health board has now teamed up with Dyfed Drug and Alcohol Service (DDAS) and Choices, a young people’s substance use service, to tackle what officials describe as an “emerging public health challenge”.

Workshops and outreach

Two key initiatives have been introduced.

Educational workshops are being delivered to young people, focusing on the risks of using performance-enhancing substances during physical development and the potential long-term effects on hormones, mental health and fertility.

At the same time, enhanced support is being offered to people already involved in gym and fitness culture, with harm-reduction advice, health monitoring and confidential drop-in services.

Support includes testosterone testing, blood checks, cycle provision kits and discreet one-to-one consultations.

One service user described the programme as “quick, professional and non-judgemental”.

They said: “The drop-in clinic for my blood test was really convenient. I was seen quickly and given a full run-down of the services available. The staff made me feel comfortable the whole time and I got my results back faster than expected.”

Taking support into the community

The team has also worked directly with local gyms, leisure centres and sports venues, speaking to more than 100 people during five outreach sessions.

Twelve DDAS staff members have completed specialist IPED training delivered by Public Health Wales to strengthen expertise within the service.

Rachel Wilson, Resilient Families Manager at Choices, said the aim is to reduce stigma.

She said: “We’re proud to work alongside Hywel Dda to ensure people who use IPEDs are met with understanding, not judgement. These initiatives are helping us reach individuals who may not have previously considered accessing support.”

Craig Jones, Prevention and Population Health Improvement Manager, added: “This work is about meeting people where they are. By listening and responding with compassion and evidence-based care, we’re making a real difference.”

Dr Ardiana Gjini, Executive Director of Public Health, said the approach showed the board’s commitment to early intervention.

She said: “These initiatives reflect a proactive, collaborative response to emerging health challenges and demonstrate our dedication to protecting the health of our communities.”

Anyone seeking confidential advice or support can contact DDAS on 03303 639997 to book an appointment.