THERE will be no appeal against the judges ruling to refuse a judicial review into the planning consent for a Tesco store, the claimants confirmed this week. West Devon Borough councillor Robert Oxborough, who with Morrisons, had applied for a judicial review because he believed the planning consent was unlawful, said this week a decision had been taken not to proceed with an appeal. 'I do feel, however, that the matter has not been concluded satisfactorily,' he said. Cllr Oxborough sought legal action against the borough council after he claimed he was prevented from speaking at the planning meeting in January where the Tesco application for Plymouth Road was given the go-ahead. He was therefore unable to give additional information which would have been 'significant' and could have persuaded members to vote against the development, he said. The judge at the planning court in Leeds found that West Devon Borough Council had not acted in a way that was procedurally unfair. A spokesman for West Devon Borough Council said this week regarding the claimants not making an appeal: 'We have not heard anything formally.  We would hope to be able to confirm the matter is concluded next week.'