RESIDENTS may call for a tax rebate when Albion play at Withdean.

Last night, some living near the ground welcomed news the Seagulls' move looks set to go ahead.

But those against the team playing temporarily at the stadium want compensation for the problems they claim it will cause.

Ward councillor Pat Drake, one of the most outspoken critics of the scheme, said: "I would anticipate some residents asking for a rebate.

"They will put their individual cases but I would have thought the basis for this would be the inconvenience."

David Reitman, 78, of Tongdean Lane, said: "I suppose we have to accept defeat but I will be asking for a reduction in my council tax."

Brighton and Hove Council had already vowed to pursue SWEAT to cover the costs of defending the action before it was withdrawn.

Council solicitor Claer Lloyd-Jones said: "There is no reason why the people of Brighton and Hove should have to pay for us being right."

Council Leader Lord Bassam said: "We knew all along we were on solid ground legally. I'm still urging Withdean residents to get on board with us and help make the running of matches as smooth as possible."

The legal challenge could have delayed Albion's move back to Sussex for several more months.

But in a letter to the council yesterday afternoon, SWEAT solicitor Alistair Wallace said: "We have been instructed by our clients that they do not seek to continue and therefore we hereby give notice that the application is formally withdrawn."

Mr Wallace later said SWEAT did not have enough money to carry on with the action. He said: "It's David and Goliath - the council and the club with a big legal team and significant resources, against people who are trying to bring expensive court proceedings through individual subscriptions.

"The judge listed it for an oral hearing at the leave stage which puts it beyond the budget. We had anticipated that the judge would give us leave by looking at the papers."

He added: "Any other legal remedy would be after the club moved, for example an action for nuisance in terms of noise or anything interfering with a neighbour's use of their land."

Albion are unable to say when the club will be coming home.

General manager Nick Rowe said: "We haven't been officially notified yet. I'll believe it when I've got the paper in my hand."

Mr Rowe said club chairman Dick Knight was not available for comment. Director Martin Perry is on holiday in Spain and also unavailable.

Acouncil spokesman said the move to Withdean still depends on three agreements being signed:

One between the council and the club finalising traffic reduction measures around the ground, the second between the council and Ecovert South, and the third between the club and Ecovert South.

Albion fans greeted the news with guarded optimism.

Adrian Newnham, spokesman for the Bring Home the Albion campaign, said: "If this does prove to be the end of the battle, I'm pleased for the team, so they can get on with playing football; the club, so they can work on the permanent site, and the ratepayers of Brighton and Hove, who won't have their money spent on defending the objection.

"But more importantly I'm pleased for the supporters who have had four years of hell but have behaved with dignity."

Roy Chuter, of the Brighton Independent Supporters' Association, said: "I'm delighted. The best thing we can do now is to get together with SWEAT and try to get a permanent site. We should set up a strange bedfellows committee because we both want the club out of Withdean as soon as possible."

Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.