A High Court judge will this week rule on a legal challenge which could mean Brighton and Hove Albion is stripped of planning permission to play at Withdean stadium.

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

He complains of noise, disturbance, traffic and light pollution and claims the planning consent is unlawful.

A two-day High Court hearing took place last month. Mr Justice Collins is expected to give his judgment tomorrow.

If he rules in favour of Mr Catt, the planning consent, which also allowed the club to install an extra 1,966 seats, will be quashed and the club will have to re-apply.

That could mean Albion kicks off the 2006/ 2007 season in Coca-Cola League One at Withdean without permission.

The home of retired builder and peace campaigner Mr Catt overlooks the stadium.

He successfully challenged the planning permission in the High Court a year ago through a legal technicality.

Brighton and Hove City Council, which owns Withdean, admitted failing in its duty to carry out an environmental impact assessment or publish its reasons for granting consent.

The club re-applied and the application was passed last July. But Mr Catt is claiming the council still failed in its obligations under European law to consider the environmental impact.

He told the High Court he suffered "enormous" noise nuisance on match days.

Albion and the council say Mr Catt's challenge has no substance.

The council's barrister Mary McPherson said: "The council considers the arrangement, though far from ideal, is acceptable and believes assisting the club is of significant importance to Brighton and Hove."

Albion chief executive Martin Perry said: "Mr Catt is having another go. 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 Falmer."