A high Court hearing which will determine the fate of the Falmer stadium planning application will be held in December.

Lewes District Council will ask the court to overturn John Prescott's planning permission on December 5 and 6 after committing to press ahead with the legal action.

The Government has offered to quash the permission and come to a fresh decision but the council declined.

Sorted out Councillor Neil Commin, lead member for planning at Lewes District Council, said: "Because Government solicitors were unable to confirm that all points of our evidence would be considered by the Secretary of State in reaching a decision we have had to continue our challenge in the High Court.

"We know the issues will be sorted out once and for all as the High Court will look at each of the points in our challenge and decide whether or not they are justifiable."

Brighton and Hove Albion is confident the court decision will go in its favour and has vowed to seek its legal fees from the council.

If the council wins,the court will order the Government to reconsider the application with certain directions.

Meanwhile, the Albion could also end up back in court fighting for their right to play at Withdean stadium. Stadium neighbour John Catt's High Court bid to have the club's planning permission at Withdean quashed failed last month.

But the 81-year-old retired builder and veteran peace campaigner, whose home overlooks the stadium, is now seeking leave to appeal against Mr Justice Collins' decision.

The judge ruled Brighton and Hove City Council gave adequate reasons for granting permission for the club to add 2,000 extra seats and continue using Withdean until 2008 and Mr Catt failed to bring his challenge promptly.

Mr Catt insists the council failed in its legal duty to consider the impact of the Seagulls' temporary home on the community and he thinks he has strong grounds to appeal.

He said: "It's not just about me it's about my neighbours and the whole city and the fact the council rides roughshod over everybody."

Mr Catt said existing problems of noise, traffic, light pollution and litter generated by the Albion have got worse since the extra seats were installed directly behind his home last season.

No hearing date has yet been set by the Court of Appeal. A judge will decide whether Mr Catt's case has any merit.

Again he plans to claim legal aid to finance the action. Albion chief executive Martin Perry said: "John Catt's right to appeal will be roundly opposed by Brighton and Hove City Council and ourselves.

"There must be a question as to whether he has the right to legal aid when he lives in a house worth £400,000."

Reasonable Mr Catt said: "My house may be worth a few bob due to the market, which is beyond my control, but I have no money.

"I live on a state pension and if it is decided that my case is a fair and reasonable one then I have every right to claim legal aid."

Last July, the club won temporary permission to remain at Withdean and install the extra seats.

Mr Catt successfully challenged the permission in the High Court a year ago through a legal technicality. The club reapplied and the application was passed last July. Mr Catt claimed the council had still failed its obligations under European law to consider the environmental impact.