Residents near the incinerator site in Devonport have launched a legal battle against the city council.

They want a Judicial Review into the decision to give the plant planning permission.

PlymWIN, which is associated with campaign group Incineration is Wrong, has sent a letter to the city council giving them 14 days to respond to their concerns.

They claim it breaches EU habitat directives and has adopted an 'unlawful approach' to incinerator bottom ash. 

The group is being represented by the same lawyers that stopped a similar facility being built in St Dennis.

Lynne Hayden from PlymWIN says their message is clear - the fight is not over.