Campaigners have vowed to take their fight against a waste transfer site to the European Court after the Government said it would not review the plans.

Ruth Kelly, the Secretary of State for Local Government and Communities, has said the proposals for a waste site at Hollingdean, Brighton, are not of national importance and will therefore not be called in for her consideration.

A spokeswoman for Ruth Kelly's office said: "Since the council has made a decision, that is final.

"There is scope for the Secretary of State to look at it if a major factor emerges that she wasn't aware of at the time but that is unlikely."

Last Monday, the planning sub-committee of Brighton and Hove City Council approved waste company Veolia's plans for the £10 million waste transfer and recycling facility at a former abattoir.

Protesters and Brighton Pavilion MP David Lepper received a letter from the Government Office of the South East (GOSE) on the same day which said: "The Secretary of State is satisfied that the issues raised do not relate to matters of more than local importance, which would be more appropriately decided by her rather than the local planning authority."

A spokeswoman for GOSE said "a number of private individuals" had contacted the office asking for the application to be called in.

Ruth Kelly's office was the first route of appeal for residents and parents whose children attend nearby Downs Infants' School.

Campaigners said they would raise funds for legal advice on other ways to fight the decision and will take the case to Europe if necessary.

Gus Garside of campaign group Dump the Dump said he believed there were grounds for the plans to be called in by Ms Kelly as the site was part of the Waste Local Plan for the whole of East Sussex.

Mr Garside said: "It's certainly a regional issue and the question of how waste is dealt with is a national issue. It isn't about Nimbyism."

Ed Start, of Dump the Dump, said: "What we find weird is that something like the football stadium at Falmer was called in but they have decided not to call in this, which is of significantly greater health and environmental impact."

Mr Lepper said he had written to GOSE before the planning committee met, asking if the decision on the application could be taken away from the council in view of the 25-year contractual agreement between the council and Veolia.

He said: "I am now trying to sort out whether GOSE will consider calling in the decision now it has been made."

Labour councillors Juliet McCaffery, Jeanne Lepper and Kevin Allen have written to the chief executive asking for a scrutiny panel to look at the planning committee's decision.

Ms McCaffery said; "We weren't happy with the decision and felt the health risks hadn't been given sufficient consideration."