Top News
Council’s prosecution over shed was a ‘wheelie bad idea’
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
Manslaughter charge following death in Carmarthenshire
DYFED-POWYS POLICE have confirmed Jason Thomas, 39, from Llanelli, has been charged with manslaughter following an incident on Saturday, March 25.
Police were called to a property in Robinson St, Llanelli to concerns for the welfare of a man.
Liam Rhys Morgan-Whittle, 22, was taken to hospital where he sadly passed away.
Jason Thomas was quickly arrested and later released on conditional bail while the police investigation continued.
He will appear at Llanelli Magistrates Court on Thursday, May 30, it has been confirmed.
News
£10,000 legal row over English-only parking charge notice continues
THE LANGUAGE campaigner Toni Schiavone will appear in court in Aberystwyth for the fourth time on Monday, 13 May over his refusal to pay an English-only parking charge notice, after the parking company One Parking Solution won an appeal to reintroduce the case in January.
This is despite the judge, Gareth Humphreys, warning that the company should carefully consider the value of continuing with a case that has already been “long, beyond unfortunate” and has cost the parking company over £10,000 in legal fees to date.
Cymdeithas yr Iaith have called on the court to rule that English-only parking charge notices are insufficient as ruled by the judge Mervyn Jones-Evans in a recent case in Caernarfon, and on the Welsh Government to legislate to ensure the rights of Welsh speakers in the private sector are respected.
Toni Schiavone received the English-only notice for not paying for parking in a car park in Llangrannog in September 2020.
The original case was thrown out of court in May 2022 because a representative from the parking company was not present, and the second case in August 2023 was also thrown out because the case was presented late and under incorrect rules.
On 26 January this year, One Parking Solution won an appeal enabling them to continue prosecuting Mr Schiavone, after the judge ruled that there were no grounds to throw the first two cases out of court.
Speaking at the hearing in January, Toni Schiavone said he had received a letter with costs of £10,156.70 a the day before from One Parking Solution, and that the company had acted “disrespectfully, unreasonably and vindictively.” According to research by Cymdeithas yr Iaith, translating the notice into Welsh would have cost only £60.
Siân Howys, Chair of Cymdeithas yr Iaith’s Welsh Language Rights Group said:
“It is disappointing that One Parking Solution have decided to resubmit this case, but the real reason Toni must appear in court yet again is because the rights of people who live in Wales to use the Welsh language are not ensured in statute. We have seen other cases of this recently as HSBC and the energy company OVO have weakened or even abolished their Welsh-medium services, without any serious response from our Government.
“We call on our members and supporters to be present on 13 May to support Toni, and to demand that the right to use the Welsh language in all aspects of life is respected through legislation.”
On 30 January, the Welsh Government voted against Heledd Fychan MS’s motion on behalf of Plaid Cymru in the Senedd to set Welsh Language Standards on a statutory basis for institutions in the private sector, such as banks, supermarkets and private car parks.
During the debate, Siân Gwenllian MS referred to Toni Schiavone’s case as an example of the need to legislate to ensure the rights of Welsh speakers. Discussing the parking company, she said:
“Once again, the response is arrogant and insulting.
“Why must Welsh speakers continue to campaign and demand services through the medium of Welsh?
“It is high time that the basic rights of Welsh speakers were respected through statute, and that in all aspects of life.”
Community
Anzac Day commemoration service held in Milford Haven
IN a service held on Sunday (Apr 28), the Milford Haven Branch of the Royal British Legion led a poignant commemoration service to mark Anzac Day, honouring the valor and sacrifices of the Australian and New Zealand Army Corps (ANZAC) during the Gallipoli campaign in World War I.
The service, which took place at 11:00am, on Hamilton Terrace, Milford Haven, witnessed a significant turnout.
Attendees included members of the Australian Signals and Signal Company as well as representatives of Milford Haven Town Council and the Milford Haven Sea Cadets.
The service commenced with a welcome and introduction by Lt Col Warren Coetzer, followed by a rendition of the National Anthems of Australia, New Zealand, and Wales, embodying a spirit of unity and remembrance. The anthems were a moving tribute to the camaraderie and international bonds formed in times of conflict.
During the service, the Ode of Remembrance was recited, a profound moment that prompted reflection on the courage and fellowship of the ANZAC forces.
The emblematic Rising Sun Cap Badge and the Union Flag were prominently displayed on the event programme, symbolising the service and sacrifice of those who served under them.
Local dignitaries laid wreaths, and a two-minute silence was observed, offering a chance for personal reflection on the cost of war and the price of peace.
The commemoration concluded with a prayer for peace, leaving the attendees with a message of hope and a renewed commitment to the values for which the ANZAC soldiers bravely fought.
The service was not just a remembrance of past sacrifices but also a reminder of the enduring spirit of the ANZACs, which continues to inspire and guide future generations.
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