Court rules council prosecution an abuse of process after officer advice on 'shed on wheels'

Pembrokeshire County Council has said that a recent court case where a resident claimed his shed was not a building because he had added wheels should not set a precedent.

The Western Telegraph has reported that James Kershaw claimed the addition of wheels meant the shed was no longer a building and therefore not subject to planning regulations.

He had been fined £700 for failing to comply with an enforcement notice but then appealed to Swansea Crown Court, which found the council’s prosecution of Mr Kershaw to be an abuse of process.

The court found he added the wheels on the advice of a council officer, who told him there would then be no problems with planning enforcement.

Cabinet member for planning and infrastructure, Phil Baker, said in a statement to Local Government Lawyer: “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.”

Cllr Baker said the outcome should be taken to imply 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 Pembrokeshire.