Shed on wheels

[Temp]

A man in Wales has legal battle regarding a shed on wheels. It seems he won because he was following advice given by a planning officer!

 

He lost his original planning case and enforcement was initiated which ended up with him loosing before a magistrate back in June...

 

https://www.bbc.co.uk/news/uk-wales-48703677

 

Now he has won at Swansea Crown court. 

 

https://www.pembrokeshire.gov.uk/newsroom/shed-on-wheels-conviction-overturned

 

• An appeal judge has overturned a decision by a Court which fined a Milford Haven man for breaching planning regulations.James Kershaw of Pill Priory, Lower Priory, was convicted at Llanelli Magistrates Court in June for not complying with an Enforcement Notice issued by Pembrokeshire County Council.The case centred around a sh to which wheels had been added. It was claimed by the defence that the addition of wheels meant it was no longer a building and not subject to planning rules.

Mr Kershaw was fined £700 but subsequently appealed the decision by District Judge Chris James and was successful in getting the conviction overturned.

 

At the recent appeal hearing at Swansea Crown Court, documents were submitted by Mr Kershaw which proved he was relying on the advice of a planning officer who had told him that providing he placed the shed on wheels, there would be no issue with planning and enforcement.

 

The Appeal Judge said it would bring the administration of justice into disrepute to allow the planning authority to prosecute Mr Kershaw after he had merely followed advice given to him by an employee of the Council.

 

In winning the appeal, Mr Kershaw was awarded costs.

 

After the case 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.

 

Edit: Sorry about the £%&%# formatting.

Edited September 17, 2019 by Temp

[daiking]

Well, that's ruined my favourite idiom.

 

'If my Auntie had wheels, she would be exempt from any planning requirements'

[SteamyTea]

11 hours ago, Temp said:

He added that the planning officer in question is no longer employed by the Authority.

So they will be offering even less help now.