Two ships have already left the James River in Virginia

Environment Minister Lord Whitty told the House of Lords the vessels, which are contaminated with asbestos and other harmful chemicals, "would not be permitted into UK waters if they presented a specific risk of environmental pollution".

The first two ships from the fleet left the United States for Teesside on Monday.

Hartlepool-based Able UK has signed a �16m deal to scrap the vessels, creating 200 jobs and Lord Whitty said Britain should take pride in being able to attract the work.

But he cautioned that not all the ships may prove seaworthy, so the Americans might have to break up some of them themselves.

Lord Whitty's comments came as it appeared the row could end up in the courts.

Able UK wants to carry out the work in a new dry dock, but Hartlepool Borough Council says the firm must apply for planning permission before it can carry out any work on the ships.

Able UK said it had taken legal advice, suggesting existing planning permission would suffice.

Hartlepool Borough Council said on Tuesday that consent granted to previous work, six years ago, had now lapsed and a further planning application would need to be lodged.

Green groups welcomed the decision and called for the two ships that are on their way to Teesside to be sent back.

The fleet has been branded an environmental hazard by Friends of the Earth and other campaigners who believe there is a risk they could break up on the Atlantic voyage.

Their route will take them past the English south coast through the Dover straits and into the North Sea.

'Toxic vessels'

The ships set sail on Monday following weeks of protests by green groups, who claimed they could break up causing an environmental catastrophe.

They are among four ships given the all-clear to set off by a US court last week.

Nine others were held in the country pending a further court battle later this month.

Friends of the Earth's director, Tony Juniper said: "These ships must not be allowed into UK waters. They should immediately be turned back and disposed of in the USA where these toxic vessels were created."

Earlier this week the group said it would seek a judicial review in the High Court in London into the decision by the Environment Agency to extend Able UK's waste management licence.

The vessels are between 40 and 50-years-old and contaminated with chemicals including PCBs, asbestos and heavy diesel.