The way it was done quite simply is a breach of the European directive and when the divisional court looks at it I am sure it will agree

Green councillor, Klaus Armstrong-Braun

Klaus Armstrong-Braun has secured legal aid to help his battle to halt the plans by Castle Cement at their Padeswood factory.

A High Court judge will hear the case against the application, which centres around the way the project was handled, before deciding whether there should be a full hearing.

Green Party member Mr Armstrong-Braun claims the procedures used to decide the fate of the new kiln contravened European regulations.

"All the evidence involved in the project - the planning considerations and the operation of the project - should have been considered together at one public inquiry before a decision was made," he said.

"The way it was done quite simply is a breach of the European directive, and when the divisional court looks at it I am sure it will agree."

The company is extremely disappointed Councillor Armstrong-Braun is trying to further delay what has already proven to be an environmental improvement

Castle Cement General Manager, Tony Allen

Environmentalists have raised concerns over plans to burn a controversial fuel, Cemfuel, made from chemical waste at the site.

However, Castle Cement has insisted the new kiln would make the plant more efficient and clean up emissions.

Tony Allen, general manager of the site, said the environmental impacts of the development had been fully researched.

He said: "We are carrying on with the build programme until someone says otherwise.

"The company is extremely disappointed Councillor Armstrong-Braun is trying to further delay what has already proven to be an environmental improvement.

"The inquiry by the Welsh Assembly was wide ranging and covered the environmental and health impact of the new kiln."

The company have also warned that 200 jobs could go if the development plans fall through.

Public inquiry

The application was first made in 1999 and Flintshire County Council granted planning permission.

However, the plans were later called in for further examination by the assembly.

A public inquiry was held which resulted in the assembly's approval of the proposals.

Mr Armstrong-Braun said: "I've taken this case on, not so much as a stance against Castle Cement, but as a test case against the UK government.

"The assembly's decision to allow the kiln to be built was based only on the proposed land use. The health issues were not a consideration."

A final decision over the future of the plant rests with the Environment Agency which is expected to announce its decision later this year.

The agency is conducting its own investigation, and its decision is essential to the project's future.