Lewes Town Council make the first move towards a judicial review of the decision to allow the redevelopment of the town’s bus station

At Tuesday night's meeting, members expressed their concerns about the cost of a legal dispute but ultimately voted to approve the first steps towards undertaking a judicial review.

The former bus station site was closed to buses in 2022 and the SDNPA resolved to grant consent in September 2024 for a total redevelopment of the site. This was despite objections from Lewes Town Council, residents and other bodies.

After many letters to the SDNPA, the Secretary of State for Local Government and others, Lewes Town Council agreed to seek legal advice as to what could be done next to challenge the decision.

The initial advice from a barrister was that a statutory review of the decision would fail but a second opinion from a planning barrister could be sought. The case was reviewed by a specialist planning barrister who advised a judicial review of the case had a 'moderate' chance of overturning the planning permission. If a judge finds the SDNPA’s decision was legal, no further action is taken. If they don’t, it will be quashed.

On April 3 this year planning permission was formally granted, following the finalisation of the Section 106 agreement.

A spokesperson for the SDNPA confirmed: “Planning permission has now been granted for plans to build 35 homes and two commercial units at the former Lewes bus station site.

“This follows the completion of a detailed Section 106 agreement, which includes £291,000 towards the provision of alternative bus facilities on the southern side of the Phoenix Causeway. This financial contribution must be provided as soon as the new development begins and will help deliver the replacement bus infrastructure the town needs as part of a wider set of proposals. East Sussex County Council have agreed these measures. As part of the Section 106 agreement, two of the units will be affordable homes in the form of ‘First Homes’ to help first-time buyers.”

LTC had six weeks from that date (until May 15) in which to mount a judicial review.

Acting on legal advice, Lewes Town Council sent a pre-action protocol (PAP) letter which encourages parties to resolve disputes without litigation to SDNPA on April 16. The letter emphasised the two areas of the decision which LTC considers unlawful. These are Public Sector Equality Duty (PSED) - alternative bus provision identified in the planning permission is not operationally satisfactory - and the fact that an air quality assessment had not been carried out.

A response was received on April 30. After Tuesday's meeting it was agreed that LTC now believes continuing the case to a judicial review is worthwhile.

Lib Dem councillor Janet Baah (Lewes Bridge.) told the Express: "It was decided to go ahead in spite of opposition from some members and officers. We resolved to have at least £20,000 in reserve to go forward to the first stage. We feel this decision makes sense and supports the view of so many residents and visitors. We have also been told that the District Council might be able to help us financially via match-funding with a level of reasonable support."