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.”

Local Government

Clean-up after yacht wrecked on rocks at Lower Town, Fishguard

Published

20 hours ago

March 6, 2026

Tom Sinclair

A YACHT that ran aground on rocks at Lower Town in Fishguard is being cleared by Pembrokeshire County Council after debris washed onto the shoreline.

Council officers attended the scene to assess the situation and begin removing wreckage after the vessel was found stranded among the rocks.

Heavy machinery was brought in to help clear debris from the beach, with workers seen dismantling parts of the damaged yacht and removing material that had scattered along the shoreline.

Pembrokeshire County Council confirmed it is aware of the incident and has issued a Notice to Mariners, warning of the potential presence of floating debris in the surrounding waters.

The notice advises vessels navigating in the area to exercise caution while clearance work continues.

No further details about how the yacht came to run aground have been released.

Cover pic:

Council workers clear debris from a yacht that ran aground at Lower Town, Fishguard.

Community

Sea Cadets receive grant, donation and celebrate World Book Day

Published

20 hours ago

March 6, 2026

Tom Sinclair

MILFORD HAVEN SEA CADETS have had a busy and successful week, with new equipment arriving at the unit, a donation from a local organisation, and junior members taking part in World Book Day activities.

The Milford Haven unit recently received delivery of new Standard Horizon VHF radios, which will be used during the upcoming boating season. The equipment was purchased after the group successfully secured funding through the RCD Foundation Grant.

The radios will help cadets develop important communication and safety skills while taking part in maritime training on the water.

The unit also received a £100 donation from Neyland Lodge, with cadets presented with a cheque during the week. Staff at the unit said the contribution would help support activities and training opportunities for young people involved in the organisation.

Leaders at the unit thanked the lodge for its support, describing the donation as a welcome boost for the cadet group.

Meanwhile, junior Sea Cadets marked World Book Day by taking part in a special visit to their local library. Along with members of the Junior Training Organisation (JTO), the young cadets dressed up and learned about the role of a librarian.

During the visit, they explored the library and each chose a favourite book, helping to encourage reading and learning outside the classroom.

Milford Haven Sea Cadets said the week highlighted the wide range of experiences available to cadets, from maritime training and community support to educational activities.

The unit is part of the wider Sea Cadet network operating across West Wales and continues to provide opportunities for young people in the Milford Haven area to develop skills, confidence and teamwork.

Local Government

Petition calling for clean rivers policy wins unanimous support at County Hall

Published

20 hours ago

March 6, 2026

Tom Sinclair

A PETITION calling for Pembrokeshire County Council to adopt a stronger Clean Rivers Policy has received unanimous support from councillors at County Hall.

The petition, backed by environmental campaigners and community groups, was presented during a meeting of the council on Thursday (Mar 6). Supporters in the public gallery applauded after councillors expressed their backing for the proposals.

The presentation was delivered by James Harrison-Allen, representing The Cleddau Project, a volunteer-led initiative focused on protecting and restoring the River Cleddau and its surrounding environment.

Campaigners said the atmosphere inside the council chamber was “extraordinary”, with councillors from across the political spectrum voicing support for improving river protection measures in Pembrokeshire.

The petition calls for the council to adopt a clearer policy aimed at improving water quality and tackling pollution affecting local rivers.

Supporters say pollution from multiple sources, including agricultural run-off and sewage discharges, has placed increasing pressure on rivers across Wales, including the Eastern and Western Cleddau.

Following the presentation, councillors backed the petition unanimously, prompting applause from members of the public and campaign supporters in attendance.

The campaign has drawn support from a number of environmental organisations including West Wales Rivers Trust, River Action UK, and the Campaign for National Parks.

Representatives from several organisations and public bodies were also acknowledged by campaigners, including Natural Resources Wales, Pembrokeshire Coast National Park Authority, and Dŵr Cymru Welsh Water, as well as local political representatives Henry Tufnell MP, Samuel Kurtz MS, and Paul Davies MS.

Campaigners say the decision marks an important step in raising awareness of river pollution issues affecting the Cleddau catchment and wider waterways across Pembrokeshire.

The Cleddau Project said the outcome was “a great day for the Cleddau” and praised the work of volunteers and supporters who have helped drive the campaign forward.