A 200-yard length of footpath could delay or even scupper Brighton and Hove Albion's Falmer stadium plan.

The public inquiry examining roadworks essential for the project heard yesterday the path, listed as FP50, would have to be diverted to make room for a proposed stretch of dual carriageway on Village Way.

Altering the route would require a diversion order which, if challenged, could trigger a separate public inquiry.

Lawyers acting for the club said Deputy Prime Minister John Prescott had the power to order the diversion if the overall stadium plan was approved.

But that view has been queried by experts who say it is not possible to fast-track such a legal procedure.

Planning expert Peter Rainier, giving evidence for the club at the hearing, said he was confident of a successful outcome should a further inquiry be called.

He said: "It could trigger another inquiry but I think it is unlikely to be refused. It is highly unlikely a diversion order would be refused."

The public right of way runs alongside Village Way, which the club needs to widen to make sure the University of Brighton supports the £48 million project.

The university, which owns about a third of the stadium site, told the inquiry it wanted strict conditions to prevent the scheme from going ahead without the proposed road works.

The hearing is sitting for an extra two weeks to thrash out highway revisions. All other matters relating to the controversial 22,000-seat arena had been considered when the main inquiry ended in June.

Robert White, representing Lewes District Council, one of the chief opponents of the stadium, said: "If the footpath is not moved and the road widening is not able to take place we are back to the original application."

Mr Prescott's final decision is not expected until early 2004.

The final inquiry session is scheduled to finish next week. It has already cost more than £1 million.

Monday October 20, 2003