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LORD PHILLIPS OF WORTH MATRAVERS (MR) LORD JUSTICE KENNEDY and LORD JUSTICE NEUBERGER ____________________
(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Mr Peter Weatherby (instructed by Davies Gore Lomax, Leeds, LS1 3BB) for the appellant Mr Timothy Otty (instructed by Treasury Solicitor) for the Secretary of State Mr Rabinder Singh QC and Mr Anesh Pema for the Leeds City Council (as an interested party) ____________________
The order was granted until 15 th December 2003, but meanwhile, as recorded in the order, the court required that all parties attend at the Magistrates' Court on 15 th September 2003. The other orders which were made at the same time were in broadly similar but not identical terms.
In relation to the first of those categories he invited our attention to R (Alconbury) v Secretary of State for the Environment [2001] 2AC 295 which concerned the powers of the Secretary of State in relation to planning matters. At paragraph 69 Lord Hoffmann said �
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