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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.

 

Crime

Man charged with attempted murder after A44 collision near Aberystwyth

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A 24-YEAR-OLD man has been charged following a single-vehicle collision on the A44 near Capel Bangor, Aberystwyth.

Dyfed-Powys Police said the incident happened on Tuesday, June 30.

Owen Rhys-Jones, of Dol-y-Bont, Aberystwyth, has been charged with attempted murder, dangerous driving, and controlling and coercive behaviour.

He has been remanded in custody and is due to appear before court.

Police are continuing to appeal for witnesses and are asking anyone who was in the Capel Bangor area at around 8.50pm on Tuesday, June 30, to come forward.

Officers are particularly keen to hear from anyone who witnessed a disturbance in or around Capel Bangor, or who may have phone, video or dashcam footage of the incident.

Anyone with information can contact Dyfed-Powys Police through the force’s dedicated online portal.

The force said: “We would like to thank the local community for their support while officers have carried out extensive enquiries, and to those who have supported our investigation so far.”

 

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News

A40 closed near Llandeilo following collision

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A SECTION of the A40 in Carmarthenshire has been closed in both directions following a collision.

The road is currently shut between Llandeilo and Nantgaredig, with traffic queuing in the area and emergency services attending.

Drivers are being urged to avoid the route where possible, allow extra time for their journeys and follow the diversions in place.

The closure is affecting traffic on the A40 between Carmarthen and Llandeilo, including the area around Pentrefelin and the Castle Dryslwyn turn-off.

This is a developing incident and further updates will be provided as more information becomes available.

 

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Local Government

Award-winning Saundersfoot sauna faces refusal over location concerns

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PLANS to allow an award-winning outdoor sauna to remain permanently at Saundersfoot Harbour have been recommended for refusal by Pembrokeshire Coast National Park planners.

Hwyl Outdoor Sauna, run by Kerry Evans, was granted temporary two-year permission in June 2024 for a mobile wood-fired sauna at the harbour.

The business has since become a popular feature with residents, visitors and cold-water swimmers, and was named Sauna of the Year 2026/27 at the Wales Prestige Awards earlier this year.

Saundersfoot’s cold-water swimmers are sauna regulars. (Image: Hwyl Outdoor Sauna)
Hwyl Outdoor Sauna (Image: Hwyl Outdoor Sauna)

Ms Evans has now applied to make the siting permanent, but officers are recommending refusal when the application goes before the National Park Authority’s development management committee on Tuesday, July 15.

A supporting statement submitted with the application said the sauna had “become a popular and valued amenity for both residents and visitors, offering a space focused on health, wellbeing and community connection”.

It added: “The overall sentiment within the village has been strongly supportive, with many residents recognising the sauna as a valuable asset that enhances the amenities in Saundersfoot.

“Hwyl Outdoor Sauna has received positive attention in regional and national press, helping to promote Saundersfoot as a destination for coastal wellbeing and outdoor experiences.

“Media coverage has highlighted the sauna as an example of the increasing popularity of sea swimming and sauna culture around the UK coastline.”

Saundersfoot Community Council has raised no objection to the application, and most of the 19 letters submitted by members of the public support the proposal.

Supporters have described the sauna as “a major asset to the village,” “a wellness landmark for Saundersfoot,” and “a unique offering that attracts visitors to the beach and harbour”.

However, some objectors have said that while they support permanent consent in principle, they do not believe the sauna should remain in its current position because it “obstructs the view of the beach from the promenade”.

In their report to committee members, National Park officers say the proposal, in its current form and location, would harm the setting of the Saundersfoot Conservation Area.

The report states: “The application, in its current form and with the proposed location of the sauna, is considered to result in a landscape impact that harms the setting of the Saundersfoot Conservation Area.

“The sauna is also located in a position which reduces public access along the existing promenade route, which is considered to prevent appropriate access from being achieved.

“In addition, since the temporary permission was granted, planning advice has been updated and there is now a requirement for a Flood Consequences Assessment in this location. The lack of a suitable Flood Consequences Assessment results in insufficient information to support the current application.”

Officers also note that the latest application includes additional development, including a booking office which has already been installed, meaning the overall scale of the proposal is greater than the scheme approved on a temporary basis in 2024.

The report adds: “Following consideration of the implementation of the temporary permission and given the greater extent of the current proposal, it is considered that the visual impact of the sauna and related booking office has now increased and could be reduced by locating the sauna further back in the car park.

“This would also have the benefit of the sauna not requiring relocation during severe weather and increased flood risk.”

The application is recommended for refusal on the grounds of visual impact, impact on the conservation area, reduced public access along the promenade, and the absence of a suitable Flood Consequences Assessment.

Committee members will make the final decision at the July 15 meeting.

 

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