News
Milford Haven: Legal battle over shed on wheels in court
THE OWNER and occupier of the residence known as Pill Priory, in Lower Priory, Milford Haven was in court last week (May 9) to argue that a shed that he built without planning permission was not a building, but a movable object.
The argument is that by putting it on wheels, James Kershaw had created a chatel and not a property subject to planning rules.
At Haverfordwest Magistrates’ Court representatives from the Council said: “Pill Priory is a medieval priory. It is a highly sensitive. It is designated as a Grade 2* listed building and a Scheduled Ancient Monument. These designations denote that the property is nationally important.”
Kershaw, 39, who runs a gardening business, is accused of the offence of breaching the Enforcement Notice dated 26 September 2016 contrary to section 179 (2) of the Town and Country Planning Act 1990.
In court, both parties agree that in 2015 the defendant constructed a shed in the garden at Pill Priory without the benefit of planning permission.
When the Council became aware of the shed, they said, they asked him to remove it. He refused. In these circumstances, the Council had little choice, they say, but to serve the notice to require the removal of the shed.
The court heard that Kershaw then appealed the notice. He argued that the notice ought to be quashed as the shed is not a building and so the breach of planning control has been mis-described on the face of the notice; and that he ought to be granted planning permission retrospectively for it.
But the council said it suspects that the defendant made the adaptions to the shed after the first appearance in the Magistrates’ Court “when he realised the serious legal position in which he found himself.”
This is something that Kershaw denied in court, supported by a witness, Mr Dai Garland, who said that he assisted in the alterations long before the legal proceedings had commenced.
In its skeleton argument, barrister for the Council, Jack Smyth of No.5 chambers wrote: “The fact that the shed is lightweight (made of plywood and ship lap) and no larger than the average static caravan is neither here nor there. Not all buildings need be big. Lots of buildings are small (such as a modest greenhouse or wendy-house). It is denied that the adaptation of the shed transforms it from a building to a chattel.
Defiant: James Kershaw
He went on: “Even if the defendant is right that the shed is no longer a building, the fact that it was a building when the notice was served and scrutinised by the Inspector does not render the notice a nullity. Whatever label one attaches to it (“shed
“building”; “structure”; “hut”), we are talking about the same wooden “thing”.
“The label does not constitute a deficiency sufficiently serious to make a notice bad on its face.
“Even if the defendant is right that the shed is no longer a building, he could have demolished it as required by the notice. It is not accepted that this action was impossible.
The Council barrister went on in his report to say: “The Court may be impressed by the creativity and imagination displayed by the
defendant (and those acting on his behalf).
“But, in truth, the legal argument advanced by him is little more than semantic sophistry. It provides no defence to the summons. If he had simply removed the shed as he was required to do, we would not find ourselves here.
“Whatever the legal “gloss” placed on the defendant’s argument, it is contrived and unconvincing. The Court is invited to dismiss the argument and find the charge proven.”
THE DEFENCE
In his submissions, barrister for the defence Mr Matthew Graham Paul of Civitas Chambers wrote: “Where a unit is designed to be mobile, and in particular where it has its own wheels, the Courts have tended to find it lacks permanence. In Measor v. Secretary of State for the Environment, Transport and the Regions, Robin Purchas QC (a specialist in planning law) citing Barvis and Elitestone found there were ample grounds for his conclusion that the caravans which were the subject of the case did not constitute ‘buildings’ within [planning law].
“In the event that the Court disagrees that the adaptation of the shed so that it is not a building discharges the defendant’s obligations in complying with the notice (i.e. that it does not amount to ‘demolition’), it should nevertheless dismiss the charge because the Enforcement Notice is a nullity as it refers to a ‘building’.
“Secondly, if the shed was not a building on 12th February 2018 James Kershaw was in no position to demolish a building, as the Enforcement Notice purported to require. The action required by the EN was impossible, which has also been held to constitute a defence to failing to comply with the requirements of an Enforcement Notice by rendering it a nullity.”
Following lengthy legal submissions the judge decided to reserve judgement until next month.
The case was adjourned until 14th June 2019 for District Judge Chris James to deliver his judgement at Llanelli Magistrates’ Court.
MILFORD HAVEN TOWN COUNCIL is inviting residents to put forward their local heroes for recognition in this year’s Citizens’ Awards.
The annual awards celebrate the efforts of individuals and groups who go above and beyond to make Milford Haven a better place—voluntarily and without any form of payment.
Nominations are now open, and members of the public are encouraged to take a moment to think about those who deserve a special thank you. Whether it’s someone who supports vulnerable neighbours, leads a youth group, organises community events, or simply goes out of their way to help others, the Town Council wants to hear about them.
A spokesperson for the council said: “These awards are a fantastic way to recognise the unsung heroes of our town—the people whose efforts too often go unnoticed. If you know someone who gives their time freely to benefit the local community, we urge you to nominate them.”
Nominations must be submitted by 12:00pm on Tuesday, April 22, 2025.
To obtain a nomination form:
- Email: admin@milfordhaven-tc.gov.wales
- Contact the Town Council via its Facebook page
- Telephone: 01646 692505 to request a postal form
Please note: Awards can only be granted to those working in a voluntary capacity, and previous award recipients are not eligible for nomination.
For inspiration, you can view highlights from last year’s ceremony via Milford Haven Town Council’s Facebook page:
facebook.com/milfordhaventowncouncil/posts/pfbid02f7WhKXhjtDxEqV68ujznDvFX89yhBYe8dQgXtqqY19Yb7bC7SeNYW6Ua42E4Ehevl
The council encourages everyone to get involved and help shine a light on the incredible community spirit that defines Milford Haven.
CAPTURING the authentic sound and spirit of The Greatest Rock n’ Roll Band In The World, NOT THE ROLLING STONES have played festivals, theatres and private gigs throughout Europe, the middle east and the UK. This May, they will appear here on the Torch Stage in Pembrokeshire!
Featuring the best Mick Jagger lookalike you will ever see, truly international tribute act in demand all over Europe as well as the UK, will take you back to the Golden Age of The Stones- from Satisfaction to Sympathy for the Devil… You won’t believe it’s not Jagger!
Based on the Rolling Stones, an English rock band formed in London in 1962 and active for over six decades, they were one of the most popular, influential, and enduring bands of the rock era and pioneered the gritty, rhythmically driven sound that came to define hard rock, and Not The Rolling Stones carry on that legacy today.
They have the unique asset of a ‘Mick and Keith’ who stagger audiences with their authenticity, also attested by the many TV and film credits they have between them.
Backed by a superb group of professional musicians that love the music they are playing; they convey their enthusiasm for the work of the world’s greatest rock and roll band.
Not the Rolling Stones will be on the Torch Theatre stage on Friday 16 May at 7.30pm. Tickets are £25. Visit the website for further details www.torchtheatre.co.uk or phone the Box Office on (01646) 695267.
Financial exports soar by 63.5% to £4.3bn
WALES has outpaced every other part of Great Britain in export growth for financial and related professional services, according to a new report by TheCityUK.
The report, Exporting from across Britain: Financial and related professional services 2025, reveals that exports from Wales surged by 63.5% in 2022, reaching £4.3bn—significantly ahead of the national average.
Across Great Britain, total financial and related professional services exports rose by 18.4% to £158bn, with nearly half (47%) generated outside London. Wales contributed 2.9% of the UK’s total financial services exports and 2% of the related professional services total.
The report provides a breakdown of 2022 data by region and nation, highlighting the growing contribution of areas outside London in strengthening the UK’s role as a global financial centre.
In terms of export destinations, 27% of Wales’s financial services exports went to the European Union, with the remaining 73% reaching markets across the rest of the world.
Tom Bray, TheCityUK Chair for Wales and Senior Office Partner (Cardiff) at Eversheds Sutherland, said: “It’s great to see such strong growth in Wales for financial and related professional services exports. Our skill and ability to provide high-quality financial and professional services plays an important role in driving growth in Wales, creating jobs and opportunities for communities across the nation.”
Anjalika Bardalai, Chief Economist and Head of Research at TheCityUK, added: “In 2022, Wales had an extremely strong year of export growth, albeit from a lower base than most regions. Nearly half of all UK exports in financial and related services now come from outside London, reinforcing the UK’s strength as an international financial hub and the importance of regional contributions.”
Policy recommendations
TheCityUK report also outlines a series of recommendations for industry, government, and regulators to support export growth in Wales and beyond. These fall under three key areas:
1. Improving access to trade opportunities
- Better coordination between UK government, devolved administrations, and investment bodies.
- Align local growth strategies with national trade goals.
- Launch a pilot national brokerage scheme to connect capital with investable projects.
2. Expanding global market access
- Finalise FTAs with Switzerland and India, ensuring better market access and digital trade provisions.
- Use talks with the Gulf Cooperation Council to promote regulatory cooperation.
- Strengthen regulatory dialogues with major markets like the US, EU, Japan, and Singapore.
- Replicate successful models like the UK-Switzerland MRA with other global financial centres.
- Encourage domestic and international investment into UK scale-up businesses.
3. Positioning the UK for future demand
- Make the UK a global hub for data, tech, and innovation.
- Establish the UK as the gateway for international investment.
- Focus development work on high-potential markets to maximise value.
The report underlines that Wales’s performance demonstrates the growing importance of the UK’s nations and regions in maintaining the country’s competitive edge on the global stage.
Fire chief praises crews for response to grass fires
Over 250 incidents tackled during dry spell THE CHIEF Fire Officer of Mid and West Wales Fire and Rescue Service...
Man paralysed after being shot during weapons test at Pendine MoD range
Defence firm fined £800,000 over ‘devastating’ safety failure A CIVILIAN weapons expert was left paralysed from the neck down after...
Former police superintendent dismissed for gross misconduct
Misogynistic behaviour spanned three years, hearing told A FORMER senior officer has been dismissed from Dyfed-Powys Police following a gross...
Royal visit celebrates Pembrokeshire charity’s community impact
STAFF, volunteers and visiting pupils at Lower Treginnis Farm were delighted to welcome a very special guest on Wednesday (April...
Valero refinery escapes Trump’s new tariffs
Fuel imports spared as US tries to avoid price hikes THE VALERO oil refinery in Pembroke has escaped the impact...
Leaked messages point to leadership crisis at HMP Parc
Staff mocked suicide and bragged about assaults as G4S failed to intervene A CULTURE of violence, cruelty and neglect flourished...
Cleddau Bridge Hotel site housing development takes a step forward
CASTELL GROUP, in partnership with Pembrokeshire County Council, have completed the sale for the redevelopment of the former Cleddau Bridge...
Pembrokeshire Council rules out ‘toxic tourism tax’ – for now
VISITORS to Pembrokeshire will not face a new overnight tourism tax—at least not during the current county council administration. As...
Shellfish gathering labelled ‘out of control’ in Saundersfoot
COUNCILLOR DEMANDS ACTION AS 250 COCKLE PICKERS DESCEND ON LOCAL BEACH ANGER is growing in Saundersfoot after more than 200...
In court charged with intentional strangulation of woman
A PEMBROKESHIRE man is to appear before a Crown Court judge for trial charged with the intentional strangulation of a...
-
Health7 days agoSenedd backs ‘buy-one-get-one-free’ ban amid obesity crisis
-
Charity6 days agoEmergency services unite for charity at Pembroke Dock Fire Station
-
Sport6 days agoKildunne hat-trick rips Wales apart in record-breaking Six Nations clash
-
Community6 days agoTenby comes alive with eccentricity as Steampunk Festival returns in style
-
Politics7 days agoWelsh ministers ’embarrassed’ over Crown Estate devolution
-
Politics7 days agoPembrokeshire 28-day camping rule could be changed in May
-
Community7 days agoNRW criticised over ‘very little empathy’ on future of visitor centres
-
Charity7 days agoCall for long-term cancer strategy as 9,000 wait too long for treatment