Connect with us
Advertisement
Advertisement

News

Milford Haven: Gardener may appeal over shed on wheels verdict

Published

on

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.”

Community

Tesco shoppers in Pembs called to help raise funds for food allergy charity

Published

on

SHOPPERS in Pembrokeshire are being encouraged to help an in-store fundraising campaign from Monday 22nd to Sunday 28th April to support medical research into food allergies.

For the fifth year running, Tesco is working with The Natasha Allergy Research Foundation, the UK’s food allergy charity, to help raise awareness and support clinical research into food allergies by contributing 10p from every own brand Free From product bought in stores and online, as well as providing customers with the opportunity to round up their shopping at self-service tills throughout the week.

All money raised will help Natasha’s Foundation to continue its research into reducing the risks of food allergies and further developments into the management of allergies.

In addition to the funds being raised, the campaign aims to increase awareness in Pembrokeshire about the importance of understanding food allergies and clearly highlighting ingredients in food which can cause allergic reactions.

Natasha’s Foundation was founded in 2019 by Tanya and Nadim Ednan-Laperouse following the tragic loss of their daughter Natasha who had a fatal allergic reaction to a baguette that contained sesame seeds that were not listed on the packaging.

Tanya Ednan-Laperouse OBE, said: “We’re thrilled that Tesco is supporting us for the fifth year running. Allergen awareness is so important, and money raised in previous years has helped to fund clinical research exploring the management of food allergies.”

Oonagh Turnbull, Head of Health Campaigns at Tesco, said: “The work that Natasha’s Foundation has done to date has been fantastic and we are delighted to be able to support this for a fifth year.

“There are now 175 products in our Free From range, from meals and desserts to snacks, all created with great taste but without any of the allergens. We welcome any shoppers in Pembrokeshire to try these products or kindly round up their shopping at the self-service tills to help raise money for a fantastic cause.”

Natasha’s Foundation is committed to raising awareness and funds for critical food allergy research. But the real impact of the charity’s work lies in the lives it can change.

Millions of people live with food allergies in the UK and must navigate a world where seemingly simple acts, like grabbing a quick bite to eat, can become fraught with danger. It can affect anyone, at any age.

Billie Hoque, a commercial manager for a maritime security company, from Luton, has three allergic children – Jess, aged 7, Jude, 4, and Jayde, three months.

Billie, 35, said: “Food allergies first entered our lives when my son Jess was born in February 2017. From birth, Jess was presenting symptoms of allergies, yet I didn’t know it at the time. His constant discomfort and breathing troubles led to numerous doctor visits only to be dismissed as new-mum worries, and I felt unheard and alone.

“The switch from breastmilk to formula was a turning point. After initial acceptance, Jess refused all feeds for three days. When he finally ate, he became violently ill and struggled to breathe. Calls to an emergency doctor offered little help, and when he was prescribed “thicker milk” it triggered a terrifying reaction. This was his first anaphylactic reaction, and the first time the doctor diagnosed him as having a severe milk protein allergy.

“The loneliness and isolation I felt from becoming an allergy parent were all-consuming. The family and friends who I had been closest to, quickly became the ones who made me feel the most alone. They didn’t understand or seem to take seriously what I was going through.

Billie continued: “Life changed for me in June 2021 when I found The Natasha Allergy Research Foundation. I found a community – parents united by the fight for awareness. Meeting Nadim and Tanya, who lost their daughter Natasha to allergies, laid bare the heartbreaking truth of this condition. Yet, their strength resonated deeply.

“Though every single allergy story and experience shared through Natasha’s Foundation was different, the community all had one thing in common; we understood the fear, the loneliness, and the exhaustion of the continuous battling needed to keep our children alive. This community transformed me. No longer alone, I found strength and inspiration among these incredible people.

“Today, my purpose is clear. With this supportive network and a collective voice, we can raise awareness and fight for a future free from food allergies. This journey not only saved my sons, but it has also saved me too. I’d urge everyone to support the fantastic work of The Natasha Allergy Research Foundation and their goal of making food allergies history through research and raising awareness of food allergies.

“Tesco’s Free From range offers my children a chance to be included in all the tasty treats other children enjoy. Their clear labelling on the front of the packaging is not only helpful to me but is easy enough for my 7-year-old to clearly see that a food is safe for him. This limits the anxiety he has around eating new foods.”

Continue Reading

Crime

Estate agents admit health and safety failings following fatal market incident

Published

on

WEST WALES estate agents J J Morris have appeared before Pembrokeshire law courts charged with failing to discharge general health, safety and welfare duties at Whitland Livestock Mart.

The charges have been brought by the Health and Safety Executive following the death of retired council worker Huw Evans on November 19, 2022.

Mr Evans, 75, was confronted by what has been described as ‘an extremely agitated’ cow on the main road through Whitland following its escape from the livestock market.

Mr Evans sustained multiple serious injuries as a result, and died in hospital six days later.

J J Morris was subsequently charged with failing to ensure that the health, safety and welfare of their employees were reasonably protected from being at risk of injury from escaped livestock at the time of the accident on November 19.

They face a second charge of failing to ensure that people who were not in their employment were reasonably protected from being at risk of injury from escaped livestock at the time of the accident on November 19.

David Arwel Thomas, director of J J Morris, appeared in court this afternoon (Tuesday, April 16), via a video link where he pleaded guilty to both charges.

Also present at today’s hearing were members of the late Mr Evans’ family, including his son, who sat in the public gallery throughout.

“This was an incident in November, 2022, involving an employee of J J Morris and a member of the public when a cow escaped from Whitland mart and managed to get into an area of the public outside the Co-op store,” commented the legal representative of the Health and Safety Executive.

“Various drovers attempted to stop and control it but it struck one of the employees who suffered bruising and swelling to his leg.

“In the High Street area it struck Mr Evans, who sadly died a few days later from his injuries.”

The matter has now been adjourned to June 20 when sentencing against J J Morris will take place at Llanelli Magistrates Court.

Continue Reading

Community

Cardigan Radio launches daily live broadcasts

Published

on

Cardigan Radio/Radio Aberteifi says it is excited to announce a new line up of daily live broadcasts starting every evening from 7 PM at www.cardiganinternetradio.wales. Live shows will be hosted
by founder and presenter Bobby Kelly and other dedicated volunteer members.

The Cardigan Radio stream is constantly alive with great music that spans various genres, providing something for everyone. Listeners are encouraged to tune in and experience the quality and diversity of
Cardigan Radio’s programming for themselves.

You can listen 24/7 not only through their website www.cardiganinternetradio.wales but also on platforms such as Online

Radio Box and Radio Garden.

Online Radio Box: https://onlineradiobox.com/uk/cardiganinternet/
Radio Garden: https://radio.garden/visit/cardigan/DyV8OcNC

Interested in getting more involved? Cardigan Radio is always looking
for passionate volunteers to join our team. Whether you’re keen on
presenting, handling tech, or engaging with the community, we’d love to
hear from you. Contact us at [email protected] or call
01239 543025.

Connect with us on Facebook for updates and more information:

https://www.facebook.com/groups/friendsofcardiganradio
https://www.facebook.com/RadioCardigan

Tune in to Cardigan Radio and discover your new favourite sound!

If you’re interested in being a guest on our station, whether remotely
or in one of our member’s studios, we’d love to hear from you!

Continue Reading

Crime4 hours ago

Estate agents admit health and safety failings following fatal market incident

WEST WALES estate agents J J Morris have appeared before Pembrokeshire law courts charged with failing to discharge general health,...

Crime7 hours ago

Pembroke man sent ‘grossly offensive and disgusting’ message to sister

A DISTRICT Judge has described how a Pembroke man sent a ‘disgusting, appalling and grossly offensive’ message to his sister...

News1 day ago

Dragon LNG ‘monitoring’ scrap car blaze in Waterston

A BLAZE has broken out at the Waterston Car Dismantler’s business in Waterston, Milford Haven. Dragon LNG which is situated...

News3 days ago

Major search in the area of The Cleddau Bridge and Hobbs Point

A MULTI-AGENCY rescue response was initiated first thing on Saturday following reports of a person in difficulty in the area...

News5 days ago

Newgale pub fire: Cause undetermined, but ruled accidental

THE MID and West Fire and Rescue Service (MAWWFRS) has recently concluded its investigation into the fire that devastated the...

Sport5 days ago

Jasmine, Lleucu, Carys & Courtney: The Pride of Pembrokeshire

Four rugby players from Pembrokeshire are gearing up to take on Ireland in the Women’s Six Nations this weekend. Jasmine...

Crime5 days ago

Independent inquiry into child sex abuse commissioned by Caldey

WE have reported on this story for years, but in a very significant development this week, Caldey Island Abbey has...

Crime6 days ago

Mechanic lands four-figure fine after head-butting officer in Quins

A COURT has heard how a police officer was head-butted outside the Quins Rugby Club in Pembroke Dock by a man described...

Community6 days ago

29 homes planned for Pembrokeshire village development

A scheme for 29 houses, including two affordable units, in the north Pembrokeshire village of St Dogmaels, close to the...

Crime1 week ago

Former Pemb Dock mayor accused of making child abuse images

FORMER Pembroke Dock mayor Terry Judkins has appeared before Haverfordwest magistrates charged with making 52 Category A images of a...

Popular This Week