Common Law Arguments to Retain Lewes Bus Station as a Bus Station
Overview
To argue under common law for the retention of the Lewes Bus Station and prevent its redevelopment, the case must focus on legal principles and precedents that protect public amenities, ensure fair administrative processes, and uphold statutory duties by public authorities. The context shows that planning permission for redevelopment has been granted by the South Downs National Park Authority (SDNPA), but there is significant local opposition and ongoing legal challenge.
Key Common Law Grounds for Challenge
1. Public Sector Equality Duty (PSED)
Under the Equality Act 2010, public bodies must have due regard to the needs of people with protected characteristics when making decisions. Common law supports the principle that failure to properly consider these duties can render a decision unlawful. The Lewes Town Council’s legal advice highlights that the alternative bus provision is not operationally satisfactory for those with protected characteristics (e.g., disabled, elderly), potentially breaching the PSED. If the SDNPA failed to adequately assess the impact of removing the bus station on these groups, this could be grounds for judicial review under common law principles of administrative fairness and equality. 2. Legitimate Expectation
Common law recognizes the doctrine of legitimate expectation, which arises when a public body has made a clear promise or established practice that leads the public to expect a certain outcome. Residents believed the bus station was protected by a clause requiring a fully functional, improved bus station or transport hub before any development. If the SDNPA or previous authorities made such representations, removing the bus station without providing an equivalent replacement could breach legitimate expectation, making the decision challengeable. 3. Procedural Fairness and Natural Justice
Decisions by public authorities must be procedurally fair. If the SDNPA did not properly consult or consider objections-especially from vulnerable groups or the wider community-this could be a breach of natural justice. There is evidence of substantial local opposition and claims that the decision process may have been designed to limit public input (e.g., holding meetings outside Lewes). If the consultation was inadequate or the process was biased, this could form the basis of a common law challenge. 4. Failure to Consider Material Considerations
Planning authorities are required to consider all material considerations, including air quality, public safety, and the adequacy of alternative transport arrangements. The Town Council argues that air quality impacts were not properly assessed and that the alternative bus stops are unsafe and inadequate. If these material considerations were overlooked or inadequately addressed, the decision could be quashed under common law principles. Supporting Precedents and Principles
Judicial Review: Common law provides for judicial review where a public authority acts unlawfully, irrationally, or with procedural impropriety. The Town Council’s legal advice suggests there is a moderate chance of success on these grounds Duty to Give Reasons: Authorities must provide clear reasons for their decisions, especially when departing from established plans or public expectations. If the SDNPA’s reasons are insufficient or fail to address key concerns, this can be challenged. Protection of Public Amenities: Courts have recognized the importance of public amenities, especially where their removal disproportionately affects vulnerable groups. Summary Table: Common Law Grounds vs. SDNPA Actions
Conclusion
A strong common law case can be made to retain Lewes Bus Station as a bus station, focusing on breaches of the Public Sector Equality Duty, legitimate expectation, procedural fairness, and failure to consider material planning considerations. These arguments, if substantiated, could support a judicial review to overturn the planning permission and require SDNPA to reconsider the decision in line with common law and statutory duties
