News
Milford Haven: Gardener may appeal over shed on wheels verdict
A MILFORD HAVEN gardener who fitted wheels to his garden shed in a bid to circumvent planning law, has lost his legal battle in the magistrates court – but says he may appeal to the crown court.
James Kershaw of Pill Priory, Lower Priory runs Top Notch Gardening. He tried to claim that, by adding the wheels, the shed was no longer a building and therefore not subject to planning regulations. Last Friday (Jun 14), he was convicted of not complying with an Enforcement Notice issued by Pembrokeshire County Council and fined £700.
Delivering his reserved verdict at Llanelli Magistrates Court, District Judge Chris James found for the Council on all arguments, including that the defendant had added the wheels after the Enforcement Notice’s compliance period. He added he was also satisfied that it remained a building. Judge James said he did not believe the argument advanced on behalf of Kershaw that the shed was intended to be moved around the yard nor that it would be possible to actually do so.
He further found that the Enforcement Notice was valid with the defendant clearly understanding what he was required to do and that the addition of the wheels was an attempt to evade planning authority control. Judge James was delivering his judgement following an earlier hearing at Haverfordwest Magistrates Court.
It was stated then that in 2015 Kershaw had erected the wooden shed on his land at Pill Priory without planning permission. The County Council served Kershaw with an Enforcement Notice requiring the shed to be demolished on the basis of harm to the adjacent Priory ruins – a Scheduled Ancient Monument and Grade 2 Listed Building. Subsequently, the court heard, Kershaw appealed but this was dismissed by a planning inspector and the Notice upheld. Following a period of non-compliance, the County Council instigated legal proceedings and Kershaw later denied one offence of failure to comply with the Notice.
At the Haverfordwest trial, Kershaw produced pictures of the shed showing that wheels had been added and that therefore it was no longer a building but a chattel placed on land. The trial was then adjourned for skeleton arguments to be filed.
The skeleton argument filed on behalf of the defendant alleged that: the wheels had been added prior to the period of the charge – therefore before February 2018; compliance with the Enforcement Notice (which refers to a building) was impossible as, by February 2018, the shed had already ceased to be a building but was now a chattel placed on land and the Enforcement Notice was a nullity as it referred to a building, or alternatively, that by converting the shed from being a building the defendant had done all he could to comply with the Notice.
The County Council claimed that Kershaw had not added the wheels to the shed until after the charge period. The Authority also contended that in any event the Town and Country Planning Act prohibited the defendant from raising as a defence in criminal proceedings something that he could have (and did) raise by way of appeal and, despite the alterations, the shed as a matter of fact and degree, remained a building.
In mitigation for the defendant, barrister Matthew Graham Paul said that his client had made a deliberate decision to test the legal position; that his actions were not for personal gain and that most people were entitled to a garden shed – he needed it to store his business tools.
Delivering his judgement, Judge James said that there was an element of deliberate defiance by the defendant for his own benefit. The Judge referred to the words of the planning inspector who called the shed a “clumsy and monolithic addition” and a significant visual intrusion which failed to preserve the setting of the Listed building. However, Judge James said he considered the harm caused could be rectified and noted that the defendant had no previous record of failing to comply with planning law.
Kershaw was also ordered to pay a £70 victim’s surcharge and costs of £2,244.04 were awarded to Pembrokeshire County Council.
Speaking to The Pembrokeshire Herald after the case Kershaw said: “I am considering appealing the verdict to Swansea Crown Court as I believe the judge erred in his verdict in this case.”
News
Community projects celebrate their UK Government funding successes
A CELEBRATION event brought together 25 community projects that have benefited from more than £1.3million in UK Shared Prosperity Funding in Pembrokeshire.
Pembrokeshire County Council facilitated the development programme for third sector organisations and social enterprises which covered three intervention areas across the County – capital projects, green infrastructure and social action.
The diverse range of projects including community facilities, youth projects, growing sites, environmental awareness action, pet therapy, museums and more.
Project leads came together at HaverHub, Haverfordwest on January 22nd to celebrate and discuss the outcomes of their work, with the majority having exceeded targets with some breath-taking achievements highlighted.
Some key successes already evidenced include the improvement or creation of around 25,764m² of publicly accessible spaces, 934 community events or activities supported and 2228 volunteering opportunities created/ supported, with final reports still to be submitted.
SPF Communities Coordinator Heidi Holland said: “This network of organisations has strengthened and benefited from opportunities to come together, visit other projects, share good practice and willingness to develop collaborative approaches as a legacy moving forward to impact on future generations.”
Among those at the event were Cilrath Acre, Sandy Bear, Cleddau Project, Milford Haven Maritime and Heritage Museum, West Wales Rivers Trust, Point – Fishguard and Goodwick Youth Project and Menter Iaith Sir Benfro.
Cllr Paul Miller, Cabinet Member (SPF Lead), said: “It was great to see such a wide range of projects, from right across Pembrokeshire, who have benefited from the SPF Communities Funding. SPF funding will re-launch in April 2025 and we look forward to being able to support more organisations across the county delivering meaningful improvements in their communities.”
News
Grandmother jailed for killing baby girl in Withybush Hospital crash
A GRANDMOTHER has been sentenced to four years in prison for causing the death of eight-month-old Mabli Cariad Hall in a tragic crash outside Withybush Hospital, Haverfordwest.
Bridget Carole Curtis, 71, of Begelly, appeared at Swansea Crown Court, where she admitted to causing death by dangerous driving. She was also banned from driving for eight years and must pass an extended test to regain her licence.
The devastating incident occurred on June 21, 2023, when Curtis’s white BMW struck Mabli’s pram at the hospital entrance. The baby, described as “bright” and “beautiful,” suffered severe traumatic brain injuries. Despite being airlifted to the University Hospital of Wales in Cardiff and later transferred to Bristol Royal Hospital for Children, Mabli passed away four days later, on June 25.
The court heard that Curtis had been searching for her handbag on the rear seat while the engine was running. Dash cam footage showed her car mounting a kerb and traveling 28 metres at a top speed of 29mph, hitting a tree after striking the pram. Data revealed the throttle was fully open for four-and-a-half seconds, with no brakes applied.
A family shattered
Mabli’s father, Rob Hall, sustained injuries in the crash, which occurred as the family visited the hospital to say their goodbyes to Mr Hall’s mother, who was receiving palliative care. The court heard a heart-wrenching victim impact statement from Mabli’s mother, Gwen Hall, who said: “I don’t know who I am anymore… my heart breaks constantly.” She described watching helplessly as her baby died in her arms.
Mr Hall said Curtis’s actions had “ripped my baby out of my hands,” adding he has replayed the horrific moment “over and over again.”
‘Grossly reckless’ actions
Judge Geraint Walters described Curtis’s driving as “grossly reckless,” emphasizing the devastating and irreversible consequences. “Mabli died senselessly and needlessly, and her death has changed lives forever,” he said.
Prosecutor Craig Jones told the court there was no evidence Curtis had suffered a medical episode, but rather what was described as a panic attack. The court heard she was previously of good character, with a clean driving record.
Curtis, who voluntarily surrendered her licence after the crash, expressed deep remorse in a letter read to the court. “I am so deeply sorry,” she wrote. “The sadness and grief will be with me ’til my dying day.”
Her defence barrister, John Dye, said Curtis now suffers from PTSD and depression, with frequent flashbacks of the incident.
In sentencing, Judge Walters acknowledged that Curtis had not intended harm but underscored the gravity of her actions. “You are responsible for the life-changing devastation,” he concluded.
Crime
Farmer cleared of restraining order breach at Haverfordwest court
A PEMBROKESHIRE man has been found not guilty of breaching a restraining order after being accused of referencing a protected individual in a Facebook post.
Philip Stoddart, 58, of Monkhill Farm, St Ishmaels, appeared at Haverfordwest Magistrates’ Court on Monday (Jan 20) to face the charge. The prosecution, led by Ann Griffiths on behalf of the crown, alleged that between December 4 and December 13, 2023, Stoddart made a Facebook post that, by inference, referred to a person he was prohibited from contacting under a restraining order imposed by Swansea Crown Court on April 16, 2021.
The restraining order, issued under Section 360 of the Sentencing Act 2020, barred Stoddart from making any form of contact with her.
Prosecutors argued that the Facebook post constituted a breach of the order, contrary to Section 363 of the same act.
Stoddart denied the allegations and entered a not guilty plea during a prior hearing on October 1, 2024.
Magistrates Professor N. Negus, Mr. J. Steadman, and Mrs. J. Morris presided over the trial, which concluded on Monday.
After reviewing the evidence, the bench found Stoddart not guilty, dismissing the case.
The dismissal brings to a close legal proceedings that had been ongoing for over a year.
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