This follows the South Downs National Park Authority (SDNPA) planning committee's decision to grant planning permission for the building to be demolished to make way for flats. The Town Council notes finalised permission has only just been granted after a key agreement called Section 106 needed to be agreed by local authorities.
A council spokesman said: "Following the dismay of Lewes residents and to attempt to quash the decision before it was granted, Lewes Town Council sent a pre-action protocol letter to SDNPA to advise the Park it is considering a judicial review of the decision. This is a way of opening up a legal dialogue without proceeding to a court case."
The council confirms it received a response saying it 'will be progressing to issue a decision on this planning application once the Section 106 legal agreement is finalised.' It also responded to Lewes Town Council's legal concerns saying the issues were aired at the planning committee by those making representations and by members of the committee. The committee was satisfied that adequate consideration was given to accessibility of the bus facilities. The Town Council says this confirms the Park believes its committee's decision was legally sound.
But after seeking an opinion from a barrister in planning matters, the Town Council was told there is an arguable Public Sector Equality Duty challenge to this decision to grant planning permission based on poor suggestions of alternative bus provision in Lewes.
They were told the possibility of a case succeeding would be based on a response to a further pre-action protocol letter which the council has now sent. Next steps will be decided after a response and advice on that response.
The Generator Group has put the Bus Station site up for sale. As the building and surrounding bus stops are listed as an Asset of Community Value, Lewes District Council must be notified, at which point community groups have an exclusive six-week opportunity to express an interest.
During that time the owner of the land is restricted from selling to anyone else. If a community group expresses an interest the owner cannot sell for another six months while the group develops a bid and raises the necessary funds to buy the property.
The issue was discussed at Lewes Town Council's full council meeting on April 24.
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Susan King
Senior Reporter
Sussex Express
Mobile 07976 800 195