A COURT has refused permission for a judicial review into the planning decision for the Tesco supermarket in Tavistock. The judge at the planning court in Leeds found that West Devon Borough Council had not acted in a way that was procedurally unfair. Borough council member Robert Oxborough made the application for a judicial review, in collaboration with Morrisons, as he believed the planning consent granted in January was unlawful. Cllr Oxborough claimed that, due to a procedural error, he was prevented from speaking at the planning meeting where the Tesco application was discussed and therefore unable to give additional information which was significant to the case and could have persuaded members to vote against the development. The claimants have been ordered to pay the council's legal costs of £7,798. A spokesperson for the council said : 'We are pleased the judge has ruled in favour and listened to our thorough and robust defence.' The claimants had five working days in which to lodge an application for a review of the judge's decision — no decision on such an application was available as the Times went to press.