Council’s prosecution over shed was a ‘wheelie bad idea’

Published

6 years ago

August 23, 2019

A MILFORD HAVEN businessman has succeeded in overturning a decision that he breached planning rules.

James Kershaw, of Lower Priory, was convicted when a Court ruled that a shed he placed on wheels was a permanent fixture at his home.

However, in an appeal hearing on Friday (Aug 23), Swansea Crown Court found that the Council’s prosecution of Mr Kershaw was an abuse of process.

The Judge accepted Mr Kershaw’s evidence he undertook work to put wheels on the shed in January 2018.

When he did so, Mr Kershaw relied on the advice given to him by an officer of Pembrokeshire County Council. In September 2017, the officer told Mr Kershaw that provided he placed the shed on wheels there would be no problems with planning and enforcement.

The Judge decided that it would bring the administration of justice into disrepute to allow the planning authority to prosecute Mr Kershaw after he relied upon the advice given to him by one of its employees.

After the case James Kershaw, who was awarded substantial costs, said: “The judge made the only fair and reasonable decision he could have in this case. I would like to thank my legal team, including my very capable barrister Mr. Matthew Paul.

“The Council’s incompetence has cost the local taxpayer over £10,000.

“The shed doesn’t harm anyone and is a mobile, movable structure which replaces a more permanent shed which was dilapidated and in the same location.”

“I hope the Council can concentrate now on more pressing issues like sorting out the flood risk at Lower Priory.”

“The Council’s planning department, who were keen to prosecute me, are responsible in part for the flooding which affected so many people last year in my neighbourhood; they allowed development lower down stream at Haven’s Head Business Park.”

“Sorting this issue for the other locals and myself is clearly more important than them wasting time and money on a pointless legal challenge”, jokingly Kershaw said, “it was a wheelie bad idea”

Pembrokeshire County Council’s Cabinet Member for Planning and Infrastructure, Phil Baker, said: “While accepting the Court’s decision, the Council wishes to point out that the ruling hinged on a legal argument over process due to the discovery of advice provided by a planning officer given to the applicant during the planning application.

“The Appeal Judge determined that this subsequently invalidated the Authority’s ability to bring a prosecution.”

Councillor Baker explained: “The Council is keen to stress that it should not be accepted that the outcome of this case implies that by adding wheels to a structure that it is no longer a building and therefore not subject to planning regulations.”

He added that the planning officer in question is no longer employed by the Authority.

News

BBC apologises to Herald’s editor for inaccurate story

Published

57 minutes ago

December 4, 2025

Staff Writer

THE BBC has issued a formal apology and amended a six-year-old article written by BBC Wales Business Correspondent Huw Thomas after its Executive Complaints Unit ruled that the original headline and wording gave an “incorrect impression” that Herald editor Tom Sinclair was personally liable for tens of thousands of pounds in debt.

The 2019 report, originally headlined “Herald newspaper editor Tom Sinclair has £70,000 debts”, has now been changed.

The ECU found: “The wording of the article and its headline could have led readers to form the incorrect impression that the debt was Mr Sinclair’s personal responsibility… In that respect the article failed to meet the BBC’s standards of due accuracy.”

Mr Sinclair said: “I’m grateful to the ECU for the apology and for correcting the personal-liability impression that caused real harm for six years. However, the article still links the debts to ‘the group which publishes The Herald’ when in fact they related to printing companies that were dissolved two years before the Herald was founded in 2013. I have asked the BBC to add that final clarification so the record is completely accurate.”

A formal apology and correction of this kind from the BBC is extremely rare, especially for a story more than six years old.

Business

First wind turbine components arrive as LNG project moves ahead

Published

4 hours ago

December 4, 2025

Tom Sinclair

THE FIRST ship carrying major components for Dragon LNG’s new onshore wind turbines
docked at Pembroke Port yesterday afternoon last week, marking the start of physical
deliveries for the multi-million-pound renewable energy project.

The Maltese-registered general cargo vessel Peak Bergen berthed at Pembroke Dock on
shortly after 4pm on Wednesday 26th November, bringing tower sections and other heavy
components for the three Enercon turbines that will eventually stand on land adjacent to the
existing gas terminal at Waterston.

A second vessel, the Irish-flagged Wilson Flex IV, has arrived in Pembroke Port today is
due to arrive in the early hours of this morning (Thursday) carrying the giant rotor blades.
The deliveries follow a successful trial convoy on 25 November, when police-escorted low-
loader trailers carried dummy loads along the planned route from the port through
Pembroke, past Waterloo roundabout and up the A477 to the Dragon LNG site.

Dragon LNG’s Community and Social Performance Officer, Lynette Round, confirmed the
latest movements in emails to the Herald.

“The Peak Bergen arrived last week yesterday with the first components,” she said. “We are
expecting another delivery tomorrow (Thursday) onboard the Wilson Flex IV. This will be
blades and is currently showing an ETA of approximately 03:30.”

The £14.3 million project, approved by Welsh Ministers last year, will see three turbines with
a combined capacity of up to 13.5 MW erected on company-owned land next to the LNG
terminal. Once operational – expected in late 2026 – they will generate enough electricity to
power the entire site, significantly reducing its carbon footprint.

Port of Milford Haven shipping movements showed the Peak Bergen approaching the Haven
throughout Wednesday morning before finally tying up at the cargo berth in Pembroke Dock.

Cranes began unloading operations yesterday evening.

The Weather conditions are currently were favourable for this morning’s the arrival of
the Wilson Flex IV, which was tracking south of the Smalls at midnight.

The abnormal-load convoys carrying the components from the port to Waterston are
expected to begin early next year, subject to final police and highway approvals.

A community benefit fund linked to the project will provide training opportunities and energy-
bill support for residents in nearby Waterston, Llanstadwell and Neyland.
Further updates will be issued by Dragon LNG as the Port of Milford Haven as the delivery
programme continues.

Photo: Martin Cavaney

Crime

Banned for 40 months after driving with cocaine breakdown product in blood

Published

4 hours ago

December 4, 2025

Sarah-Jane Absalom

A MILFORD HAVEN woman has been handed a lengthy driving ban after admitting driving with a controlled drug in her system more than ten times over the legal limit.

SENTENCED AT HAVERFORDWEST

Sally Allen, 43, of Wentworth Close, Hubberston, appeared before Haverfordwest Magistrates’ Court on Thursday (Dec 4) for sentencing, having pleaded guilty on November 25 to driving with a proportion of a specified controlled drug above the prescribed limit.

The court heard that Allen was stopped on August 25 on the Old Hakin Road at Tiers Cross while driving an Audi A3. Blood analysis showed 509µg/l of Benzoylecgonine, a breakdown product of cocaine. The legal limit is 50µg/l.

COMMUNITY ORDER AND REHABILITATION

Magistrates imposed a 40-month driving ban, backdated to her interim disqualification which began on November 25.

Allen was also handed a 12-month community order, requiring her to complete 10 days of rehabilitation activities as directed by the Probation Service.

She was fined £120, ordered to pay £85 prosecution costs and a £114 surcharge. Her financial penalties will be paid in £25 monthly instalments from January 1, 2026.

The bench—Mrs H Roberts, Mr M Shankland and Mrs J Morris—said her guilty plea had been taken into account when passing sentence.