AN objector's legal challenge could delay the start of work on the second Tyne Tunnel by up to nine months, officials fear.

The £140m crossing near the existing tunnel between Jarrow, South Tyneside, and Howden, on the Tyne's north bank, was approved by Transport Secretary Alistair Darling in July, two years after the proposal was examined at a public inquiry.

The tunnel, which will be funded by tolls, has been hailed by officials, politicians and business leaders, who say it will benefit the region's economy as well as easing growing traffic congestion.

But Friends of the Earth member Bryan Atkinson, of nearby South Shields, who opposes the scheme, is appealing to the High Court over the environmental impact assessment prepared for it.

"The assessment, I believe, is deficient because it doesn't properly explain what they will do with the waste when they dig the tunnel," he said.

"The inspector who held the inquiry had concerns about it but left things to be settled by the Secretary of State and the Environment Agency. That seems to defeat the purpose of having a statement and there is a possibility it might not be legal.''

Mr Atkinson, who is getting Legal Aid for the action, said plans for waste disposal should be explained in the assessment, adding that some of the earth might be toxic, a legacy of chemical industry in the area.

Councillor David Wood, chairman of the Tyne and Wear Passenger Transport Authority, which is sponsoring the crossing, said: "The challenge is deeply regrettable and will add to the daily frustration of the thousands of people and firms who need to cross the Tyne in the course of going about their daily business and who face unacceptable delays at present. It also creates further uncertainty for local residents.

"A legal challenge will inevitably cause delay to the start of work on the new Tyne crossing, but it is unclear at this stage to say to precisely what extent - although we anticipate it will be six to nine months.''

He said that plans for handling waste from the construction had been approved by the Environment Agency and the Government.

Andrew Sugden, director of policy for the North-East Chamber of Commerce, said: "We are really disappointed at the news of the legal challenge, which will cause a delay to the new Tyne crossing.

"Businesses see the new crossing as an essential improvement towards ridding the region of a key transport bottleneck at the existing Tyne Tunnel."