AN environmentalist at the centre of a High Court battle over the Environment Agency's decision to allow tyre burning at a Westbury cement works may have to wait until July for a decision on the case.

David Levy, former chairman of the Air That We Breathe group, claims pollution from the nearby Blue Circle Cement Works is ruining his health and he is fighting the Environment Agency's decision to let the plant burn tyres as fuel.

He said: "It affects both my home life and my work life as I live in the area and I'm not the only one."

Mr Levy began his battle at the High Court last week to try to overturn the Environment Agency's decision, but the judge is not expected to make a ruling until next month.

The agency granted permission for the plan to go ahead in August last year.

Colin Babb, the agency's site inspector at Blue Circle, said at the time: "Our conclusion is there will be an overall environmental benefit and no significant risk to human health from burning tyres instead of coal.

"However, tyre-burning can only take place under strict conditions and we will continue to monitor the site and will not hesitate to take action if conditions are breached."

Trials carried out in 1999 showed that using tyres rather than coal would reduce the impact on the environment by 27 per cent.

The Environment Agency imposed stringent conditions on the use of this alternative fuel, including limits on the levels of sulphur dioxide and nitrogen that can be released.

Mr Levy claims the agency has not done enough to ensure emissions are as low as possible and that although nitrous oxide emissions fall, raised levels of sulphur dioxide and carbon monoxide would more than wipe out the gain.

The plant is capable of burning four million tyres a year, which the company claims is a good way to solve the problem of how to dispose of scrap tyres.

Mr Levy said: "There are many more ways to get rid of tyres.

"They can be recycled, they can be decomposed under heat, and if they have to be burnt, they can be chipped to reduce toxic emissions."

Mr Levy was joined in court by Hugh McGaffney, vice chairman of pressure group Rugby in Plume, which is fighting similar plans at a factory in the Warwickshire town.