PROSPECTIVE Hinkley C developer EDF Energy has roundly denied it is breaching planning rules after work to remove an asbestos-contaminated spoil heap overran.

Anti-nuclear campaign group Stop Hinkley this week accused the energy firm of breaching planning conditions and claimed the "rule break" did not bode well for the future development of the site.

But an EDF spokesman said the company "remained fully compliant" with the regulations and work that was still being carried out was being done with the full knowledge of local planning officials.

The row involves the remove of a heap of spoil left over from the construction of the original Hinkley Point A power station.

EDF was given permission by Somerset County Council last January to remove the heap as part of site remediation works.

However, the permission came with a condition that all work must be finished by August 31 this year.

But EDF said its contractors had found more asbestos materials within the spoil than anticipated and, as a result, the work was taking longer than expected.

Last month, the firm applied to the county council to extend the permission to remove the spoil and a spokesman said no material from the heap was currently leaving the site to ensure the existing permission's conditions were complied with.

Stop Hinkley, however, maintained the firm was in breach of the conditions by continuing to work on the material.

Campaign group spokesman Crispin Aubrey said: "If EDF cannot stick to the rules on something like this, then it doesn't bode well for what it comes to more serious issues to do with operations at Hinkley Point.

"The company should be told to stop work until a new timetable has been agreed."

A spokesman for EDF said all the work on the spoil had been carried out in a "safe, controlled manner"

He confirmed an application had been made on August 22 for an extension of the time limit to remove material from the site and said the council had requested more information before it reached a decision.

"EDF Energy is requesting an extension to the time limit to remove material from the site from August 31, 2011 to February 29, 2012.

"EDF Energy is not contravening planning permission by carrying out certain remediation works within the site itself and the disposal of spoil to the Hinkley Point A turbine hall.

"This work is being carried out in the full knowledge of Somerset County Council.

"HGV movements to remove remediated material from site were halted at the time of the expiry of the time limit and these will not recommence until further agreement is received from the county council," an EDF spokesman said.

Stop Hinkley has long maintained that the removal of the spoil heap is not "remediation" work but early ground levelling in readiness for an application to build Hinkley C, a claim denied by the energy company.

Although it has been given permission to carry out site preparation works at the proposed C site, EDF has yet to submit an application to the national Infrastructure Planning Commission to build a new nuclear power station.