Cornwall Council could be forced to tear up a controversial road scheme on a main Truro commuter route unless it carries out a public inquiry, lawyers said.
The saga relates to a so-called bus gate – a special lane and turning junction for buses only which is being installed on the A390 at Threemilestone. Solicitors advising Kenwyn Parish Council said there was a strong case for a legal challenge against the works on the A390 junction to Threemilestone due to faults in the public consultation which was held before work started.
The council said the busgate will enable better traffic flow on the busy A390 and improve bus services, as part of works in the area costing £14 million. The bus gate plan has incited strong objection within the local community and the parish council.
However no legal challenge can be launched until the council makes the formal order to adopt the bus gate, so to avoid any lengthy and costly legal battle the parish council and solicitors have asked County Hall transport chiefs to carry out a public inquiry.
They warned that if the case did go to court they believed they have a good chance of winning, which could mean the council will be forced to rip up the works it is currently undertaking.
Legal firm Lodders said the consultation the council carried out for the bus gate plans took place after its ruling Cabinet agreed to the proposal in a 2011 A390 strategy. It said this means that it predetermined to undertake the scheme – meaning it decided to go ahead before it had consulted the community, as required by law.
Solicitor Michael Orlik said: “We have advised the parish council that the courts would regard what the Cornwall Council has done as predetermination, which would invalidate the consultation which the council was required to carry out.
“That means that, when the current works are completed, and the traffic orders are made, the parish council could apply to the High Court to quash the orders because there has not been compliance with the relevant requirements in the regulations for public consultation.”
He added: “In order to avoid expensive litigation between two public bodies, with the possibility that, if the parish council succeeds, the current expensive works to build the bus gate would be abortive, the parish council has suggested to the Cornwall Council that they should arrange a public inquiry to be held before proceeding with the bus gate.
“This would give local people a chance to put their case to an independent Inspector. If Cornwall Council are confident that their scheme is a sensible highway solution to transport problems on the A390 they might be expected to welcome an inquiry.”
Mr Orlik said the request was made two months ago and had received no response.
Cornwall Council said: “We note the suggestion that the council holds a public inquiry. However, we consider that we have acted lawfully in this matter and carried out appropriate consultation with the community. Notwithstanding this, Cornwall Council will continue to work with local residents and Kenwyn Parish Council to explore a number of options to improve traffic impacts in the Threemilestone area.”
The saga comes after Cornwall Council decided to remove a bus lane it had installed in Tregolls Road in Truro at a cost of at least £60,000 when it ended up causing more traffic delays rather than alleviating them, as intended.
