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Sage v Secretary Of State For Environment Transport & Regions & Anor, Court of Appeal - Administrative Court, October 11, 2000, [2000] EWHC Admin 394
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Case no: CO/94/2000
IN THE high court of justice
QUEENS BENCH DIVISION
CROWn OFFICE
Royal Courts of justice
Strand, London, wc2a 2ll
Wednesday, 11 October, 2000
Before:
MR DUNCAN OUSLEY QC
(Sitting as a Deputy Judge of the Queen's Bench Division)
-------------------
ALAN FRANK SAGE
- v -
the secretary of state for environment
transport and the regions
and
maidstone borough council
____________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________
MS ALICE ROBINSON (instructed by Brachers, Maidstone, Kent ME16 8IH) appeared on behalf of the Appellant
JONATHON KARAS and RICHARD BARRACLOUGH (instructed by the Treasury Solicitor, London SW1H) appeared on behalf of the Respondent
____________________
Judgment
As Approved by the Court
Crown Copyright ©
MR DUNCAN OUSLEY QC:
This is an appeal under s289(1) Town and Country Planning Act 1990 against the decision of an Inspector dismissing the Claimant's appeal against an enforcement notice issued by Maidstone Borough Council on 19th March 1999. Three enforcement notices were the subject of decisions in the same letter by the Inspector. I am concerned only with Appeal B, which was made in respect of an enforcement notice, which, as corrected by the Inspector, alleged that there had been an breach of planning control by "the partial erection of a dwelling house," described as Building A. The notice required the demolition of the building and the removal of all the resultant materials.
The Claimant's appeal raised a number of issues but it is the way in which the ...
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