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Milford Haven: Gardener may appeal over shed on wheels verdict

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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.”

Crime

Pembrokeshire learning support assistant to be sentenced for child neglect

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A PEMBROKESHIRE Learning Support Assistant has appeared before magistrates charged with ill-treating and causing unnecessary suffering to her two children.

This week, Haverfordwest magistrates were shown shocking photographs of the appalling living conditions the children endured between November 2019 and June 2024.

Their bedding was infested with maggots and flies, while a potty containing faeces was left in one of the bedrooms. Faeces were also smeared across the walls and floors.

“It’s difficult to say what effect this will have on those children,” said Crown Prosecutor Nia James.

The children’s beds had no appropriate bedding, only dirty rags. Magistrates heard that concerns were initially raised by one of the children’s teachers after noticing a maggot on the carpet near where the child had been sitting.

“The child said there were flies in his bedroom because of the rubbish,” said Nia James. “He also said he was unable to sleep because of the maggots in his bed.”

Following the school’s concerns, a welfare check was carried out at the family home in Milford Haven.

“Significant issues were noted,” continued James. “There was a stale odour, numerous flies, and a foul smell coming from the fridge. There was a limited amount of food in the cupboards, and the dining room was inaccessible due to clutter, as was one of the bedrooms.

“Faeces were smeared across the walls and floors, and there was no bedding on the beds, just dirty rags. Takeaway boxes and large quantities of rubbish were strewn over the floor, and in one bedroom, a toilet-type potty still contained excrement.

“These were the conditions the children had been living in for years, not just a couple of months.

“This was severe, long-term neglect, with flies and maggot infestations and the smell of urine on the children.”

James told magistrates that the defendant, who cannot be named for legal reasons, is employed as an LSA.

“As an education worker, she should have been aware of the circumstances, given her day-to-day job,” added James.

After hearing the prosecution’s evidence, magistrates declined jurisdiction. As a result, the 39-year-old woman will now be sentenced at Swansea Crown Court on March 11.

She was released on conditional bail, with restrictions preventing her from having unsupervised contact with her children unless approved by social services or police. She must also continue to reside at her home address.

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Crime

Milford man remanded over cannabis possession and cultivation

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A MILFORD HAVEN man accused of cultivating cannabis at his home address has been remanded in custody by magistrates.

Reece Cookson, 33, is accused of growing the Class B controlled drug at his property in Hawthorn Path, Milford Haven following a search carried out by police officers on January 19.

He is further charged with possessing 995.4 grams of cannabis and of assaulting a female causing her actual bodily harm at the Mount Estate on the same date.

This week, Cookson appeared before Haverfordwest magistrates via a video link from Swansea Prison, where he is being remanded in custody pending his trial, which will take place on March 10.

Following a request from the Crown Prosecution Service, Cookson’s remand will continue due to concerns that he will reoffend and interfere with prosecution witnesses.

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Crime

35 arrests as police disrupt £12 million cannabis operation

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DYFED-POWYS POLICE has carried out its most significant drugs operation to date, seizing more than £12 million worth of cannabis and dismantling 37 large-scale cannabis farms across the force area. The crackdown, named Operation Scotney, has resulted in 35 arrests and the disruption of organised crime gangs operating in rural communities.

Cannabis farm found at Main Street, Pembroke (Picture: M Cavaney/Herald)

Operation Scotney

Raiding sites including former schools, empty town centre shops, and a disused newspaper office, police have uncovered thousands of cannabis plants and tonnes of commercial heating and lighting equipment.

Detective Chief Inspector Rich Lewis explained how the operation began: “Through proactive policing, we noticed a rise in large-scale cannabis factories being discovered in seemingly unrelated locations. The scale was unprecedented, with thousands of plants found in each warrant. It quickly became clear that these factories were linked, run by organised crime groups from outside the force area, aiming to evade detection in our rural towns.”

In response, Operation Scotney was launched in early 2024, bringing together detectives, intelligence experts, and proactive policing officers to locate and disrupt these operations before the cannabis could be cultivated.

Police at the former Woolworth’s building, Pembroke Dock (Image: Herald)

Organised crime hiding in plain sight

The criminal networks behind these farms have been using increasingly brazen tactics, setting up operations in town centres and even on the same street as a police station. DCI Lewis said: “We’ve found cannabis factories in former schools, empty shops, and a disused newspaper office, all in public areas where it would be difficult to go unnoticed. These gangs disguise themselves as construction workers or landlords, wearing high-visibility vests and moving large boxes into buildings in broad daylight to avoid suspicion.”

A striking example occurred in Newcastle Emlyn, where officers discovered 400 cannabis plants just four doors down from the local police station.

Passers by said that the former Mojo’s in Milford Haven was “stinking of skunk” (Picture: Herald)

Crackdown yields major arrests

Over the past year, Operation Scotney has led to the arrests of 35 individuals. Twenty-nine have been jailed, four are awaiting sentencing, two are yet to enter pleas, and two others have been deported.

Carmarthenshire court results:

  • King Street, Carmarthen:
    • Jurgen Kodra: Jailed for 2 years, 4 months for production of cannabis.
  • Old Llangunnor Road, Carmarthen:
    • Nurdin Hoxha: Charged with production of cannabis – sentencing on March 7.
  • Gordon Road, Llanelli:
    • Argil Bushi: Jailed for 20 months for production of cannabis.
    • Aldi Xhaferri: Jailed for 9 months for production of cannabis.
  • Craddock Street, Llanelli:
    • Blerjan Dedja: Jailed for 12 months for production of cannabis.
  • Bigyn Road, Llanelli:
    • Franko Sulovari: Jailed for 18 months for production of cannabis.
  • Mountain Gate Inn, Ammanford:
    • Beni Mirashi: Jailed for 12 months for production of cannabis.
  • Maes Y Wern, Carway:
    • Viktor Gjeloshi: Jailed for 15 months for production of cannabis.
    • Nikoll Necaj: Jailed for 6 months for production of cannabis.
    • Eduart Nenfusho: Jailed for 15 months for production of cannabis.
  • Vaughan Street, Llanelli:
    • Hazis Rapi: Jailed for 12 months for production of cannabis.

Ceredigion court results:

  • Former Llandysul school:
    • Alfred Perkola: Conspiracy to supply and possession with intent to supply cannabis. Sentencing on February 26, 2025.
    • Aldi Gjegjaj: Conspiracy to supply and possession with intent to supply cannabis. Sentencing on February 26, 2025.
  • Former Llandysul school (second warrant):
    • Armeld Troski: Jailed for 40 months for production of cannabis.
    • Njazi Gjana: Jailed for 30 months for production of cannabis.
    • Ervin Gjana: Jailed for 30 months for production of cannabis.

Pembrokeshire court results:

  • Honeyborough Industrial Estate, Neyland:
    • Zhupa Gentian: Jailed for 12 months for production of cannabis.
    • Ergest Mucopata: Jailed for 12 months for production of cannabis.
  • Stop search, Cleddau Bridge:
    • Albert Nikolla: Jailed for 4 years, 3 months for possession with intent to supply and supply of cocaine.
    • Pajtim Meta: Jailed for 5 years for possession with intent to supply and supply of cocaine.
  • India Row, Monkton, Pembroke:
    • Sergej Zakacura: Jailed for 7 years, 3 months for production of cannabis.
  • North Crescent, Haverfordwest:
    • Shahin Mustaj: Jailed for 8 months for production of cannabis.
  • Treowen Road, Pennar, Pembroke Dock:
    • Ervis Kerciku: Jailed for 12 months for production of cannabis.
  • Industrial Yard, Honeyborough:
    • Flamur Vengo: Jailed for 24 months for production of cannabis.
    • Nertil Dallenga: Jailed for 24 months for production of cannabis.
  • Dimond Street, Pembroke Dock:
    • Armando Beti: Jailed for 2 years, 8 months for being concerned in production of cannabis.
  • Main Street, Pembroke:
    • Amarildo Daja: Jailed for 12 months for being concerned in production of cannabis.
  • Dimond Street, Pembroke Dock:
    • Esmirald Dedej: Charged with production of cannabis and remanded in custody.
    • Arsen Tanasica: Jailed for 12 months for production of cannabis.

Powys court results:

  • Former County Times building, Welshpool:
    • Dino Marku: Jailed for 18 months for production of cannabis.
  • Former County Times building (second warrant):
    • Kastriot Gega: Jailed for 6 months for production of cannabis.
  • Broad Street, Welshpool:
    • Alban Qemalli: Jailed for 22 months for being concerned in production of cannabis.
  • High Street, Welshpool:
    • Kladji Toci: Jailed for 16 months for being concerned in production of cannabis.
  • Former HSBC bank, Llandrindod Wells:
    • Two men deported following arrest.

The force says it remains committed to disrupting organised crime and ensuring the safety of local communities.

Police officer at an illegal cannabis farm (Pic: Herald File image)

Can you help the police?

The most frequent signs of a cannabis factory are:

  • HEAT: Cannabis plants need heat to grow. You may see condensation on windows or notice that ice and snow is missing on rooftops in the winter.
  • SMELL: Cannabis plants have a strong smell, which is stronger in the last three months of growth.
  • RUBBISH: Lots of ‘garden’ rubbish dumped outside such as plant pots, compost and empty plant food containers.
  • LIGHT: Cannabis needs bright lights 24 hours a day to grow. You may also hear noise from fans.
  • SECRECY: Windows might be covered up to hide illegal activity, or extra locks installed.
  • ELECTRICITY: Your street may be suffering from frequent and unusual power cuts as electricity meters are bypassed.
  • VISITORS: Are people coming and going, possibly at odd hours? Are the lights constantly on but nobody appears to be there?

If you have any information or concerns to share, contact Dyfed-Powys Police in the following ways:

Report online | https://www.dyfed-powys.police.uk/contact/af/contact-us-beta/contact-us/

Email | [email protected]

Call | 101

Alternatively, contact the independent charity Crimestoppers anonymously by calling 0800 555111, or visiting crimestoppers-uk.org.

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