Late challenge over Arsenal stadium plan

It has all the ingredients of a legendary giant-killing. On one side are two pensioners from Islington. On the other are the aristocrats of football - Double winners Arsenal, who possess some of the world's best players in Dennis Bergkamp, Thierry Henry and Patrick Vieira.

At stake is a new 60,000-seat stadium that would put Arsenal on a financial par with Manchester United, whose Old Trafford ground can hold 67,600.

But tomorrow Elizabeth Clare, a retired nursery nurse, and Ted Bedford, whose tower block flat would overlook Arsenal's new Ashburton Grove ground, launch a High Court bid to have the plans thrown out.

"Our human rights have not been taken into account," complained Ms Clare, 63. "Planning permission may have been given by the council, but not by us."

A decision on the legal challenge is unlikely until September, threatening the stadium opening in August 2004 and at least £10 million a year of extra revenue through the turnstiles.

The Evening Standard has also seen emails showing Arsenal face a funding shortfall of £50 million on the stadium, which will cost £250 million - half for the building and half to buy the land and regenerate the area.

The plans, which Islington council approved in December, also involve redeveloping Highbury's East and West stands into 557 luxury flats, and the building of restaurants, a sports centre, a club museum and a further 772 flats beside the new stadium.

The club also has to relocate the council rubbish dump from Ashburton Grove to the other side of Holloway Road, beside Ms Clare's home. This requires the compulsory purchase of up to 50 businesses, many of which have threatened the club and council with legal action.

The judicial review will hear claims that the council failed to follow standing orders in granting permission and that Arsenal failed to carry out detailed surveys of the environmental impact the stadium would have on the Holloway community.

Ms Clare said she would be blighted by noise from the new stadium - Arsenal also plan to host pop concerts - and feared the pollution from the waste centre. "We are in a very poor area, but this is not regeneration - it's degeneration," she said.

"My solicitors say that we have a good chance of delaying the development. If we lose we will take it to the European Court of Human Rights.

"They haven't considered the noise and pollution issues or whether the transport links can handle the increase in passengers."

An Arsenal spokesman said: "Undoubtedly delay is expensive. It's not only Arsenal who stand to lose out but the thousands of Islington residents who can't get tickets."

Islington council leader Steve Hitchins said: "We are confident our decision to award planning permission was the right one for Islington."