CAMPAIGNERS against the siting of a refuse handling depot near their homes are celebrating after being granted the right to appeal.

But they lambasted a decision to approve a hot load bay at Stainton Grove, near Barnard Castle, which was given retrospective planning permission by Durham county planning committee on Wednesday, despite 80 objections.

Stainton Grove Action Group has fought plans for the refuse depot for the past two years.

In December, the High Court turned down a request for an appeal because it was outside the time limit for submission. But a challenge has seen that decision overturned by Lord Justice Auld, who has recommended that the Court of Appeal should deal with it as soon as possible.

With the appeal hearing imminent, action group chairman Tony Cooke asked Wednesday's committee meeting to defer the application for the hot load bay.

But members were told it was a separate application which they were free to determine. John Suckling, head of planning, said the bay was required as part of the process.

"The proposal was reassessed on Monday by the fire brigade, which confirmed it had no problems with this," he added.

But his comments infuriated Mr Cooke, a retired refuse contract inspector for Darlington Borough Council, who had met fire officers on site.

"The station commander had some concerns about the operational risk assessment," he said. "He also commented 'We are frequently being called to the Heighington site to deal with hot load situations.' This was said in front of witnesses."

Mr Cooke was told that councillors could only make a decision on the information in front of them. The fire brigade letter, written after officers had met Mr Cooke on Monday, contained no objections.

Although he felt sorry for the people of Stainton Grove, Coun Bill Blenkinsopp, the Heighington representative, had heard no reports of incidents from the bay at Heighington Lane.

Alan Hodgson, director of engineering and landfill for Premier Waste Management, which submitted the planning application, said the bay was necessary before the Environment Agency would grant an operator's licence.

The company had dealt with only seven hot load bay incidents in the last 11 years, during which time it had handled 5m tonnes of waste. Because Stainton Grove would deal with domestic waste, the bay was likely to be used only about once every 20 years.

But Mr Cooke felt that, with the advent of wheelie bins, people were putting all sorts of things into them.

"There's lino, paint tins and rotting vegetation," he said. "When compacted, pockets of methane build up.

"I saw five hot load bay fires in 15 years, three of which had flames shooting 10ft in the air," he added.

However, members voted 16-0 in favour of the application, with one abstention.

Mr Cooke later told the D&S Times that he would investigate an appeal.