ANTI-Incinerator campaigners were last night hoping to launch a High Court challenge after their bid to block the plan was dumped.

Ardley Against the Incinerator (AAI) has applied for leave to appeal a decision made in July to throw out the group’s case.

Residents raised thousands of pounds to take Secretary of State Eric Pickles to the Appeal Court over his decision to allow waste firm Viridor to build the 300,000 tonne incinerator.

At the time, Deputy Judge Howell QC ruled Mr Pickles was entitled to grant permission and said there were “fundamental defects” in the campaigners’ case.

But campaigner Dr Ian Groves said: “The grounds for the appeal are that in our opinion, and that of our counsel, AAI was not given a fair hearing and that the deputy judge, John Howell QC erred in law when reaching his finding.”

At the hearing the group claimed the incinerator was much bigger than needed to meet the county’s needs, would be a rural eyesore and its emissions could damage human and animal health. It has applied for leave to appeal and is waiting to hear if it has been successful. AAI said it expected the application will be considered this month.

An Oxfordshire County Council spokesman said: “We are aware that AAI is seeking permission to make a further appeal. We can only await the outcome of this process.”