Brighton and Hove Albion could lose their right to play at Withdean Stadium if a High Court action by a neighbour is successful.

John Catt, 81, is asking Mr Justice Collins to overturn the club's current planning permission to play at the converted athletics track until 2008.

Mr Catt's home at Shepherds Croft, Brighton, overlooks the stadium and he has complained for years about noise, disturbance, traffic and light pollution when the Seagulls play.

The new away supporters' stand is directly behind his house.

He claimed planning permission granted by Brighton and Hove City Council last year, which allowed Albion to use Withdean for two more seasons and install 1,966 extra seats, was unlawful.

If his claim is successful, the court will quash the planning consent and order the council to reconsider the matter. That could leave Albion without permission to kick off the 2006/2007 season in Coca-Cola League One at Withdean.

But the club and council said Mr Catt's challenge had no substance and football would continue at Withdean until a stadium was built at Falmer.

Last February, Mr Catt, a peace campaigner and retired builder, successfully challenged the Withdean planning permission in the High Court because the city council failed to carry out an environmental impact assessment or publish its reasons for granting consent.

The application was reconsidered and passed again last July but Mr Catt is claiming the council still failed to satisfy its obligations under European regulations controlling environmental impact of developments.

Mr Catt told the High Court in London yesterday he suffered "enormous" noise nuisance on match days.

In written representations before the court, the council's barrister Mary McPherson said: "The club plays a large role in the local community and economy. Allowing it to play at the stadium is a temporary solution.

"The council considers the arrangement, though far from ideal, is acceptable and believes assisting the club in this way is of significant importance to Brighton and Hove."

Albion chief executive Martin Perry was at the court hearing, which is expected to end today with a judgement being issued in the next few weeks.

He said: "Mr Catt is having another go to try to get our planning permission at Withdean quashed. It shows how unrealistic it is when Lewes District Council and other Falmer opponents say we should just stay here long-term and enlarge the stadium.

"Claims like that are total nonsense and reinforce the need for a proper, purpose-built stadium at what is proven to be the only viable site in Brighton and Hove - Falmer."