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

Published

5 years ago

August 23, 2019

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

Police issue update following incident at Tenby multi-storey

Published

17 hours ago

January 3, 2025

Luke Sinclair

Dyfed-Powys Police have confirmed this morning that they are investigating a collision on the ground floor of the multi-storey car park in Tenby, at around 4pm on Thursday, January 2.

The collision, police said, involved a grey Nissan Qashqai and a young child.

The child remains in a critical condition in hospital.

The family are being supported by specially trained officers.

One man, aged 33, has been arrested on suspicion of causing serious injury through dangerous driving, drink driving, and drug driving. He remains in police custody.

Police issued a statement saying: “This is a tragic incident and is a live investigation.

“We ask that you do not speculate the circumstances and allow our officers to carry out their enquiries.

Anyone with information or dashcam footage that could help officers with their investigation is asked to report it to us, either online at: https://bit.ly/DPPContactOnline, by emailing [email protected], or by calling 101.

Quote reference 25*6238”

Community

Welsh Water distribute free cold weather lagging kits

Published

23 hours ago

January 3, 2025

Tom Sinclair

AS the winter season is in full swing and the temperature drops, Dŵr Cymru Welsh Water is offering free winter lagging kits to help households across Wales prepare for the colder months. With over 2,500 kits available, the initiative aims to assist residents in protecting their homes against frozen pipes and costly bursts.

Frozen pipes can lead to unwanted damage and unnecessary stress during the winter season, but with the right preparation the risks can be minimised.
The winter lagging kit includes pipe insulation and a tap jacket – with lagging designed to protect exposed pipes and a tap jacket to prevent outdoor taps from freezing and bursting.

“We understand how challenging winter can be for many people, which can be made worse should the unexpected happened – such as a experiencing a frozen or burst pipe,” said Euan Hampton, Water Demand – Delivery Manager at Dŵr Cymru Welsh Water. “To help ease the pressures winter can bring, we’re offering free pipe lagging kits and tap jackets as part of our ongoing commitment to helping communities stay safe, warm, and secure throughout the colder months.”

In addition to distributing free lagging kits and tap jackets. Dŵr Cymru Welsh Water recommends the following tips to help residents prepare their homes:

Locate your stop tap: Knowing the location of your stop tap is essential in the case of an emergency. If your pipes freeze or burst, you’ll want to shut the water off to minimise damage.
Clear your gutters: Blocked gutters can lead to excess water accessing your home, especially during a storm.
Insulate pipes: Not only outdoor pipes need preparing, think of areas that may be at risk to cold weather – attics or uninsulated cupboards.
Fix those drips: Dripping taps can increase the risk of frozen pipes. Fixing it will also save you litres of water every day, saving both energy and money on your water bill.
Away from home? Empty buildings are at particular risk. If you’re leaving your home for a prolonged period, turn off your stop tap and drain down the system – so there is no water in the system to freeze. If you’re away for a short time, if you can, we suggest keeping your heating on low to help keep your home warm and prevent pipes from freezing.
The free kits are available on a first-come, first-served basis. To request a free winter lagging kit or tap jacket, customers can visit: www.dwrcymru.com/en/winter-ready

Alongside the helpful tips to prepare your home this winter and advice on how to manage any issues should they arise. Dŵr Cymru Welsh Water are also offering free water efficiency home visits to all domestic customers – and the free lagging kit and tap jackets can be installed as part of the visit.

If you would like to find out more ways you could start saving, visit: www.dwrcymru.com/en/help-advice/cartref/water-efficiency-home-visit

Crime

Driver wasn’t aware he was over the cannabis drug-drive limit

Published

23 hours ago

January 3, 2025

Sarah-Jane Absalom

A MILFORD HAVEN motorist has been banned from driving after being caught travelling ‘at speed’ along Dale Road, Haverfordwest, after consuming cannabis.

John Lewis, 30, was followed by police officers as he travelled along the Dale Road on June 24, 2024.

“The officers believed the car was travelling at speed, and when they spoke to the driver, who was identified as the defendant, he said he’d taken cannabis the evening before,” said Crown Prosecutor Sian Vaughan when Lewis appeared before Haverfordwest Magistrates this week.

Blood tests carried out at the police station confirmed the defendant had 3.7 mcg of Delta 9 tetrahydrocannabinol in his system. The prescribed legal limit is 2.

Lewis, of Coombs Drive, Milford Haven, pleaded guilty to driving over the legal drugs limit. He was represented in court by solicitor Tom Lloyd.

“If he had been aware that he was over the limit that day, he’d never have driven,” he said.

Lewis, who has no previous convictions, was disqualified from driving for 12 months. He was fined £300 and ordered to pay a £120 court surcharge and £85 costs.