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Milford Haven: Gardener may appeal over shed on wheels verdict

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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.”

 

Business

Plaid energy policy challenged by Labour after Adam Price interview

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LABOUR SAYS MINISTERS MUST EXPLAIN COST AND TIMETABLE FOR PYLON PLANS

PLAID CYMRU’S approach to energy infrastructure has come under scrutiny after Energy Minister Adam Price was challenged over plans to reduce the use of overhead pylons in Wales.

Mr Price defended the Welsh Government’s position during an appearance on BBC Radio Wales’ Sunday Supplement, arguing that communities must have greater confidence in how major grid projects are handled.

Plaid Cymru has pledged to give communities a stronger voice over energy developments and to look more closely at alternatives to overhead transmission lines, including underground cabling where possible.

The issue has become increasingly sensitive in rural parts of Wales, where proposed pylon routes linked to renewable energy schemes have raised concerns about landscape impact, tourism and local consultation.

However, Welsh Labour said the minister had failed to explain when any restriction on pylons would take effect, or who would pay the additional cost of placing cables underground.

A Welsh Labour spokesperson said: “Adam Price keeps saying how clear their manifesto was and yet he won’t say when they’re banning pylons. They won’t say who is paying for the extra cost of undergrounding cables.

“Without certainty, companies won’t invest. That’s thousands of clean, green energy jobs at risk. Plaid need more than a plan to have a plan.”

Labour said the Welsh Government must now set out how its policy would work in practice, including whether it amounts to an outright ban, what exemptions would apply, and how any extra costs would be funded.

The debate highlights the challenge facing ministers as Wales seeks to expand renewable energy generation while addressing public opposition to large-scale grid infrastructure.

 

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Community

Pembroke Fair praised as well-organised community event

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HORSES, STALLS AND FAMILY CROWDS RETURN TO MONKTON

FAMILIES, horse owners and visitors turned out in force for Pembroke Fair on Saturday (May 23), with many praising the event as one of the best organised in recent years.

Held at the Community Centre Field in Monkton, the annual fair brought together horse owners, traders and local families for a traditional day centred around horses, ponies, stalls and socialising.

Coloured cobs, heavy horses, ponies and horse-drawn traps attracted attention throughout the day, with many visitors gathering around the field to watch the animals being shown and led around the site.

A variety of stalls selling everything from clothing and ornaments to tack and second-hand goods helped create a lively market atmosphere, while food vendors kept visitors fed throughout the day.

Despite overcast conditions at times, the event remained busy, with many attendees staying for several hours to enjoy the traditional fair atmosphere.

Community members later took to social media to praise the smooth running of the event, with several publicly thanking organiser Charlie Price for his efforts in bringing the fair together.

Comments described the day as “well organised” and praised the welcoming atmosphere, with many saying it was encouraging to see a long-standing local tradition continuing to thrive.

The fair once again brought together members of the travelling community, local residents and horse enthusiasts from across west Wales.

A horse drive was also due to take place on Sunday (May 24), continuing the weekend’s celebrations.

Photo captions:

Traditional gathering: Horses, ponies, horse-drawn carts and market stalls drew crowds to Pembroke Fair in Monkton on Saturday (Pic: Herald).

 

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News

Watchdog criticises health board over £10m GP contract checks

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A HEALTH board has been criticised by Audit Wales after GP contracts worth more than £10m were awarded without sufficient due diligence checks.

Aneurin Bevan University Health Board allowed a GP partnership associated with eHarley Street Primary Care Solutions to take on eight GP contracts in south-east Wales, with a combined annual value of around £10.1m.

Audit Wales said the board should have carried out greater scrutiny before approving the arrangements, including checks on financial resilience, workforce plans, business risks and the partnership’s ability to manage several practices at once.

However, the watchdog found no evidence of fraud and noted the board was dealing with significant pressure in general practice, including vacant contracts and limited interest from other bidders.

The report said weaknesses in governance and scrutiny contributed to later disruption and uncertainty for patients and staff when problems emerged.

Concerns included financial and workforce pressures, unpaid invoices, and issues relating to tax and pension payments. Some contracts were later handed back, requiring the health board to step in to protect services.

Natasha Asghar MS, Welsh Conservative Shadow Cabinet Minister for Health and Social Care, said the findings were “deeply concerning”.

She said: “Patients and staff were left facing disruption and uncertainty because proper scrutiny was not carried out before these contracts were awarded.

“The Welsh Conservatives believe lessons must be learned to ensure robust checks are in place, protect frontline services and restore confidence in primary care across Wales.”

Aneurin Bevan University Health Board accepted the recommendations and said it had already strengthened its processes.

Audit Wales said the case highlighted the need for stronger checks before GP contracts are transferred, particularly when a single partnership is taking on multiple practices in a short period.

 

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