A WOMAN must wait to hear whether she has been successful in a fresh challenge over the burning of waste derived fuels at a North-East cement works.

Three of the country's top judges have reserved judgement in the appeal brought by Elaine Lowther, who lives near Thristleton and Eastgate Cement Works, in Weardale, County Durham.

Mrs Lowther, of West Cornforth, County Durham, hopes to overturn a decision that owners Lafarge Redland Aggregates did not need planning permission to burn secondary liquid fuel (SLF) at the plant.

That decision was backed by the High Court last year.

SLF is derived from waste organic solvents generated by the chemical and paint industries. If the solvents are not blended to form SLF, they would have to be disposed of, at a substantial cost, by incineration.

The producers of SLF pay cement and lime kiln operators a small sum to use it as fuel.

Durham County Council claims - based on expert legal advice - that a switch by Redland from using coke to SLF did not need new planning consent.

However, Ms Lowther claims it constitutes a material change of use and does need new consent.

In the Court of Appeal, Lord Kingsland QC, counsel for Mrs Lowther, said a council report, upon which the decision was made, was defective in law.

He argued that SLF remains hazardous to the moment it is burnt, and, as such, permission is required.

Neil King QC, counsel for Durham County Council, said that SLF was an extremely effective fuel and that the process had no "distinct waste of disposal element".

And Gregory Stone QC, counsel for Redland, said that council officers and the sub-committee had acted entirely properly.

The hearing continues.