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In this case, Ouseley J. ruled that the only avenue for challenging the refusal of a deemed application for planning permission in the context of an appeal against an enforcement notice was through s.289 of the Town and Country Planning Act 1990, and not s.288 as Gilbart J. had held at an earlier stage of the proceedings. Ouseley J. went on to refuse permission to appeal under s.289 on all grounds. Charles Banner appeared for the Secretary of State for Communities and Local Government, instructed by the Government Legal Department.
