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

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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.

Community

Community gathers to remember Corrina Baker

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Lanterns and balloons released in emotional acts of remembrance

FAMILY, friends and members of the local community came together to remember Corrina Baker at a series of moving events held across west Wales this week.

Corrina’s funeral took place on Monday (Dec 15), a month after her death, with a public service held at St Mary’s Church. Mourners lined the route as her coffin was carried on its final journey in an elegant horse-drawn carriage, before a private cremation later took place at Parc Gwyn crematorium in Narberth.

Later that evening, shortly after 6:00pm, friends and relatives gathered at the Quayside in Cardigan for the first of two acts of remembrance to celebrate her life. Lanterns were lit and released into the night sky above the town as some of Corrina’s favourite songs were played.

On Tuesday afternoon (Dec 16), a second tribute was held near the location where Corrina was found. Twenty-one pink balloons — one for each year of her life — were released into a clear blue sky, each carrying personal messages in her memory.

Floral tributes continue to be laid at the Netpool, while a GoFundMe appeal set up in Corrina’s memory has raised more than £2,300. She has been described by those who knew her as “funny and bright”.

Dyfed-Powys Police have confirmed that their investigation into the circumstances surrounding Ms Baker’s death is ongoing. A 29-year-old man who was arrested on suspicion of murder has been released on bail while inquiries continue.

(Photos: Stuart Ladd/Herald)

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Community

Six untaxed vehicles seized in Milford Haven police operation

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SIX untaxed and abandoned vehicles were seized during a joint roads policing operation in Milford Haven on Tuesday morning.

Officers from the Milford Haven Neighbourhood Policing and Prevention Team (NPPT) worked alongside the Pembrokeshire Roads Policing Team as part of targeted enforcement across the town.

In addition to the vehicle seizures, a number of traffic offence reports were issued to drivers during the operation.

Police said the action formed part of ongoing efforts to improve road safety and tackle vehicle-related offences in the Milford Haven area.

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Community

Candlelit carol service brings community together in Milford Haven

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ST KATHARINE and St Peter’s Church in Milford Haven hosted its annual Candlelit Festival of Nine Lessons and Carols, bringing together members of the community for a traditional celebration of Christmas.

The service featured readings from the Mayor of Milford Haven, representatives of the Soroptimists, Milford Haven Amateur Operatic Society, the Headteacher and Head Prefects of Milford Haven School, Milford Haven Town Band, and NCI Wooltack Point.

Music for the evening was provided by organist Seimon Morris, Milford Haven Town Band and the Milford Haven Cluster Band, whose performances added to the atmosphere of the candlelit service.

The Friends of St Katharine and St Peter’s Church thanked all those involved and wished the community a happy Christmas.

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