CHARLTON Athletic is appealing to the Government because a council has refused part of its redevelopment plans.

In June 2005 Greenwich Council gave its consent for The Valley to increase its capacity to 31,000 by adding a second tier to its east stand and building a south east quadrant.

But on February 21 this year, the council issued a formal refusal notice against plans for nine flats in the redevelopment.

Charlton's original application included details of the residential project but this aspect was removed and submitted as a separate application in February 2005.

The separate application was approved in August 2005 but the council said residents of the flats would have to be associated with Charlton Athletic.

Charlton says it has previously asked for the clause to be removed to leave open the option of selling the flats in the future.

Club chief executive Peter Varney said: "It is sad that we must now go into battle with the council once again on a planning issue when surely a little bit of common sense could have averted a costly exercise for both parties.

"I am puzzled as to why tenure of the flats has become such a contentious issue, and this condition is so wide-ranging as to be difficult to enforce.

"It's incredible the process has taken so long, and, after all that time, we have had the worst possible outcome.

"We are now in the process of lodging our appeal to the environment secretary."

"The club will always remain the freeholder of the flats, and while it is likely the majority of tenants will be directly associated with the club, we do not wish to be denied the opportunity to sell the properties on a leasehold basis in the future."