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Last Updated: Tuesday, 6 June 2006, 18:09 GMT 19:09 UK
Court to rule on Brighton stadium
The planned stadium at Falmer
Planning consent was quashed five months after Mr Prescott's decision
A "flawed" decision to grant planning permission for a new Brighton and Hove Albion football stadium will be contested in the High Court.

The stadium go-ahead was quashed by John Prescott's department in April due to a mistake in his approval letter.

The parties involved were asked to agree a consent order for the plans to go back to Ruth Kelly, the new Local Government and Communities Secretary.

But Lewes District Council has opted to forge ahead with a court challenge.

It said in a statement on Tuesday: "Falmer Parish Council, the South Downs Society and the Cabinet of Lewes District Council have unanimously decided that their joint legal challenge should proceed to court."

Mr Prescott's decision in October last year is being challenged on 13 separate points.

Withdean Stadium
The club have played at the Withdean Stadium since 1999

The error made in the approval letter, which was acknowledged by the government, concerned a description of the proposed stadium site at Falmer, to the north of Brighton.

But the Office of the Deputy Prime Minister said it would "not concede on any of the other grounds of challenge that Lewes District Council has made".

Lead councillor for planning, Neil Commin, said on Tuesday: "They refused our reasonable request to guarantee that all of the other points in the challenge will be dealt with by the government when it reconsiders the decision.

"The High Court will look at each of the points in our challenge and decide whether or not they are justifiable.

"The council will continue to press for the earliest possible date for the case to be heard."

The decision in October was celebrated by Brighton and Hove Albion FC after more than six years of playing matches at an athletics stadium.

The political wrangle which has ensued has led to fans setting up their own Seagulls Party to contest seats at local elections.

Club's fans form political party
05 Jun 06 |  Southern Counties
Delay for Brighton stadium plan
07 Apr 06 |  Brighton
Falmer petition handed to council
07 Dec 05 |  Southern Counties
Legal challenge over stadium plan
24 Nov 05 |  Southern Counties
Brighton stadium plans approved
28 Oct 05 |  Southern Counties

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