A WOMAN has failed in her last-ditch challenge to prevent a minerals firm burning recycled fuel.

The House of Lords has upheld a decision made last year by three Appeal Court judges to dismiss the challenge by Elaine Lowther.

Mrs Lowther lives a mile from the Thrislington Works, near Ferryhill, in County Durham.

The case centred on a decision by Durham County Council in February 1999 that plant operators Lafarge Lime did not need planning permission to burn solvent-derived fuel, also called secondary liquid fuel (SLF), in the production of specialist lime products.

That decision was supported at a High Court hearing in June 2000, which in turn was upheld by the Court of Appeal.

In the latest development, Lord Bingham, the country's senior law lord, sitting with Lords Hoffman and Rodger, refused consent for Mrs Lowther to lodge an appeal with the House of Lords against the earlier rulings.

The company had initially received permission from the Environment Agency to burn SLF instead of pure petroleum coke.

Mrs Lowther, who says she has suffered from asthma since the plant started burning the fuel, argued that it constituted a material change of use and needed new planning consent.

A spokesman for Durham County Council said last night: "The authority has always maintained that it took a balanced and sensible view of this case, and our position has been upheld by the High Court, the Court of Appeal and now the Law Lords.

"This protracted argument, which was not of the county council's making, has, we estimate, placed a very significant burden on the public purse, and we hope this can now be an end of the matter."