News

Milford Haven: Gardener may appeal over shed on wheels verdict

Published

7 years ago

June 20, 2019

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.”

Farming

Plaid urged to move faster on farming reforms amid subsidy concerns

Published

3 hours ago

May 25, 2026

Tom Sinclair

Welsh Conservatives accuse Plaid Cymru of failing farmers as ministers call for patience over changes to agricultural support

CONCERNS over the pace of farming reforms in Wales have intensified after the Welsh Conservatives accused the Welsh Government of failing to act quickly enough on promised changes to agricultural subsidy schemes.

The criticism comes after Welsh Government Rural Resilience and Sustainability Minister, Llyr Gruffydd, urged farmers to be patient as major changes to support payments continue to be developed.

Speaking to ITV Wales, Mr Gruffydd acknowledged that “change is difficult” as the government seeks to reshape agricultural support across rural Wales. The comments come at a time of growing unease among parts of the farming community over the future of post-Brexit subsidy arrangements and concerns about financial pressures facing farms.

The reforms centre on replacing previous support systems with a new approach intended to balance food production, environmental sustainability and rural resilience. However, some farmers and unions have warned that uncertainty over payments and policy changes risks damaging confidence in the sector.

Reacting to the minister’s remarks, Welsh Conservative Shadow Farming Minister, Andrew RT Davies, said Plaid Cymru was not moving quickly enough to deliver on commitments made to Welsh farmers.

Mr Davies said: “Change is not difficult – contrary to Plaid Cymru separatists’ claims.

“If the will is there, there’s no reason reforms can’t be implemented immediately.

“Plaid Cymru separatists must fulfil their promises to Welsh farmers now.”

The comments reflect wider political tensions over the direction of farming policy in Wales, with opposition parties arguing that delays and uncertainty are creating anxiety for agricultural businesses already facing rising costs and economic pressures.

Farming remains a major part of the Welsh economy, particularly in rural counties such as Pembrokeshire, Carmarthenshire and Ceredigion, where many communities rely heavily on agriculture and associated industries.

The Welsh Government has previously said changes to support schemes are aimed at creating a more sustainable long-term future for farming, though ministers have acknowledged the transition period will take time and may prove challenging for some in the industry.

The debate over subsidy reform is likely to remain a key political battleground as the government finalises details of its future support model and seeks to reassure farmers concerned about their livelihoods.

Community

Milford paddling pool could close after rowdy adults seen throwing glass bottles

Published

3 hours ago

May 25, 2026

Tom Sinclair

MILFORD HAVEN TOWN COUNCIL has warned that the town’s paddling pool could be drained and closed if anti-social behaviour continues.

The warning follows an incident today in which rowdy adults were reportedly drinking alcohol from glass bottles inside the pool enclosure and throwing a glass bottle around.

The council also said people were seen smoking cannabis just outside the gate.

In a statement, Milford Haven Town Council said the behaviour was “highly dangerous, irresponsible and inconsiderate” and “cannot and will not be tolerated”.

The council warned: “If this sort of behaviour continues we will have no choice but to consider draining and closing the pool.”

The paddling pool is run voluntarily by a dedicated group of councillors for the benefit of local families and visitors.

The council is now urging people to act responsibly so the facility can remain open and be enjoyed safely by everyone.

Business

WestJet’s first Toronto flight lands at Cardiff Airport

Published

3 hours ago

May 25, 2026

Tom Sinclair

New seasonal service restores direct link between Wales and Canada after nearly 20 years

CARDIFF AIRPORT has welcomed the first WestJet flight from Toronto, marking the return of a direct air link between Wales and Canada for the first time in almost 20 years.

The inaugural service from Toronto Pearson International Airport landed at Cardiff on Saturday (May 23), officially launching a new transatlantic route between South Wales and North America.

Passengers on the first arrival were greeted with a traditional water cannon salute, while Penarth choir Criw Canu welcomed the crew and customers with Welsh songs at the aircraft steps.

The new route will operate four times a week using WestJet’s Boeing 737-8 MAX aircraft. Cardiff Airport said the service would open up new opportunities for tourism, business, investment and cultural links between Wales and Canada.

Toronto Pearson is also a major hub, offering onward connections to more than 100 destinations across Canada and the United States, including Calgary, Halifax, Vancouver and Florida.

Cabinet Minister for Enterprise, Connectivity and Energy, Adam Price MS, attended the launch alongside guests including Vale of Glamorgan Council leader Cllr Lis Burnett, Lord-Lieutenant of South Glamorgan Morfudd Meredith, Ontario’s Agent-General in London Sophia Arvanitis, Visit Wales and aviation industry partners.

Mr Price said: “WestJet’s inaugural flight from Cardiff to Toronto is a powerful signal to the world that our nation is open for business.

“Direct transatlantic connectivity like this is exactly what Welsh businesses need to reach new markets, attract investment and grow and it reinforces our ambition to make Wales one of the best-connected economies in the UK.

“Cardiff Airport is a vital piece of our economic infrastructure, and today’s milestone is something to celebrate.”

Jon Bridge, Chief Executive Officer of Cardiff Airport, described the launch as a landmark moment for the airport and for Wales.

He said: “The arrival of WestJet’s direct service gives customers easier access to Toronto and onward destinations across North America. It firmly strengthens Cardiff Airport’s position as the international gateway for Wales.

“We are proud to welcome WestJet and excited about the long-term potential of this partnership.”

Chris White-DeVries, WestJet Senior Manager Hub Strategy and Airport Affairs, said the route was an important addition to the airline’s transatlantic network.

He said: “WestJet’s new seasonal offering makes it easier for more people to discover everything South Wales and Canada have to offer, while staying closely connected to friends, family and business opportunities.

“Cardiff plays an important role in our growing transatlantic network, and we are proud to offer our guests from Wales more convenient access to Canada.”

The Cardiff to Toronto service departs Cardiff at 11:35am on Mondays, Tuesdays, Thursdays and Saturdays.

Toronto to Cardiff flights depart at 10:10pm on Mondays, Wednesdays, Fridays and Saturdays.