It was appropriate to reopen a case on sentence only under the Magistrates' Courts Act 1980 s.142(2) where the magistrates' court had sentenced the claimant in his absence to the maximum fine for breach of an enforcement notice, but had failed to take into account the question of financial benefit as required by the Town and Country Planning Act 1990 s.179(9)

DC (Laws LJ, Swift J DBE)

22/01/2013