In this case the planning authority dismissed the possibilities of a town-centre site being assembled in favour of an oversized out of town position on the site of a closed factory. North Devon Friends of the Earth group challenged the District Council’s resolution to approve and required them to reconsider the application in the light of PPS6, to consider properly the use of compulsory powers to assemble a site in the town-centre, to reconsider the highway reasons given for not proceedings with the town-centre site, reconsider the question of intensification which was not a material consideration in itself, and give proper weight to urban design and landscaping, which the District Council had exaggerated. The Council then reinstructed their planning consultant.
However, in October 2008 the Tesco store opened. North Devon Council reported that Tesco was in breach of the s106 agreement and as a result Tesco submitted a further planning application to vary the conditions attached to its original application.In November 2009, the Council served a Planning Contravention Notice (PCN) on Tesco for not comlying with planning conditions.