Newham BID was originally established in 2013 following widespread interest from businesses to work together to solve an issue – widening the road between Gas Hill and Lighterage Hill to enable safer vehicular access whilst at the same time creating a cantilevered path for cyclists and motorists.
During 2016, CORMAC worked with Newham BID on a preferred solution but due to a lack of funding, the road widening scheme has not been implemented. It has however, remained on Cornwall Council’s transport programme awaiting a suitable funding opportunity. At various times since 2016, Newham has revisited the potential to realise the CORMAC designed scheme with our statutory partners.Download CORMAC Feasibility Study. At that time and until early 2023, Newham BID was appreciative of CORMAC's support of widening roads on Newham albeit funds had not been identified to do so
In 2019, Newham BID supported the principle of Truro Loops and provided input to the consultants on the feasibility study. That support was always on the proviso that the needs and requirements of businesses operating on a busy industrial estate were observed and respected and that safety was paramount to any proposals.
Newham BID delivers a range of projects and services as well as representing its levy paying businesses. Newham is a welcoming community where businesses appreciate that a riverside location and nearby Newham Trail encourages people to visit the area.
During 2022, following an award of £23.6M for Truro from the Town Deal Fund, Cornwall Council submitted a proposal for a footpath/cycle way between Gas Hill and Lighterage Hill to link with a proposal for a bridge across to Boscawen Park; this path proposal was for a footpath in the verge which had previously been discarded as being unsafe by the statutory authorities themselves in favour of the road widening scheme mentioned above.
Following representation from businesses on Newham, a meeting was held in November 2022 to discuss concerns that these proposals did not address the real need for the road to be widened alongside any pedestrian or cycle improvements. It seemed to be a missed opportunity to solve two issues together and provide suitable and safe vehicle and pedestrian access as per CORMAC's previous stance. At the same time, concerns around the reconfiguration of the road at the entrance to Newham prompted another letter from Newham BID on behalf of businesses who again, had real safety concerns.
At the same November 2022 meeting, officers within CORMAC mentioned in passing that they were considering narrowing the road to accommodate a shared cycle/footpath as part of Truro Loops (now linked to Town Deal and the new bridge). Businesses reacted strongly with their safety concerns and at that meeting, officers from CORMAC reassured circa 20 businesses attending that they would use the Boscawen side of the river for leisure use and leave Newham unchanged given its commercial nature. This later turned out not to be the case as per the information below.
Despite assurances in November 2022 given to Newham businesses, in February 2023, it came to light that there were a number of proposals being put forward under the Truro Loops scheme to implement changes across Newham including a narrowing of the carriageway on Newham Road and narrowing of Lighterage Hill to encourage pedestrians and cyclists to use Newham. This was counter to what businesses had been told three months earlier and there had been no communication in between time. When this information became apparent, businesses met with representatives from Cornwall Council/CORMAC to voice their concerns to these proposals and suggest safer alternatives which included using the existing riverside paths (consents could be organised with the help of Newham BID) or using land above Newham. Businesses were shocked to hear that 'policy comes before safety'voiced by a Council representative at this meeting and witnessed by the 20 businesses present.
Newham BID, working on behalf of its business community has responded to feedback on these various schemes and copies of the consultation letter and other documents can be downloaded here
It should be noted that businesses on Newham are keen to play their part in being ‘green’ and reducing carbon emissions where it is practical to do so; however, it is likely that the Newham road narrowing scheme will slow down vehicles adding to carbon emissions.
Newham BID has always welcomed the opportunity to discuss and work with our statutory partners on schemes that create better access for all and do not undermine Newham’s primary role as an industrial estate. Newham is home to circa 180 businesses employing more than 1,200 people; collectively, these businesses generate millions of pounds of turnover, trading nationally and internationally and importantly, carrying out many thousands of vehicle movements daily. The combined rateable value of our industrial estate is equivalent to some small town centres in Cornwall.
Our Estate is thriving and sought after as a place to work and invest and an important economic hub for Truro. Throughout the pandemic, when town centres were largely closed, Newham was busy providing essential services – public transport, waste disposal, food, post and emergency operations and much more
Newham based company, Macsalvors supported Cornwall Council with the installation of a new bridge over the A30 in double-quick time over a weekend in February 2023 as part of the Chiverton to Carland Cross road dualling scheme Find out more here
Newham not only makes an important economic contribution to Truro but also provides an essential community benefit to the people of Cornwall. Newham businesses are proud to be based on the Estate, close to Truro City Centre and want to continue to operate with suitable and safe access.
Newham BID, working on behalf of its business community has responded to feedback on these various schemes and copies of the consultation letter and other documents can be downloaded here
On 20th March 2023, Newham BID was very disappointed to learn that despite over 25 business objections (at this point), Cornwall Council intends to proceed with the core scheme under their Truro Loops proposals. Our press release expressing our concerns for public safety can be downloaded here. These objections grew to over 45 objections during April 2023. It later became apparent when Newham BID issued a Freedom of Information request that only 9 letters supporting the new footway/cycle way had been received.
Front page articles have appeared in the West Briton and Truro Voice newspaper this week with the story reported on-line via Packet Newspapers and Business Cornwall. Further business objections have also followed.
Today, Leigh Ibbotson, Chair of Newham BID voiced the concerns of Newham businesses on BBC Radio Cornwall – the item begins exactly 18 minutes into the show - BBC Radio Cornwall
This morning, we appreciated the opportunity to meet Councillor Connor Donnithorne, Cabinet Member for Transport at Cornwall Council on Newham Industrial Estate to voice our concerns in person and to give Councillor Donnithorne a tour of our estate. We thank Councillor Donnithorne for taking the time to visit us.
We hope that Cornwall Council will reconsider their works to narrow Newham Road scheduled to start on Monday 3rd April. Meanwhile, through our solicitors, Stephens Scown, we have issued a legal letter -Pre-action_protocol_letter_for judicial_review.pdf
Please read our latest press release following the news that the Council road project has been ‘paused’.
This press release was covered via Truro Voice, Falmouth Packet and the West Briton. see below:
On 6th April, Cornwall Council's solicitor responded to our legal letter – we have been asked not to publish these. By way of a summary, Cornwall Council suggested that they had not made any ‘decision’ upon the implementation of or approval of the Newham Road Scheme despite five pieces of evidence to the contrary:
Lobbying on behalf of Newham Businesses
Cornwall Council sent their road safety audit which was dated after the work was due to start; more than a bit irregular.
This was the first of three 'safety audits/reviews' which would be provided over the following months. In Newham BID's opinion, all of them are almost solely focused on the needs of pedestrians and cyclists not the safety considerations of vehicles and the impact that narrowing the road will have for motorists, particularly HGV users for whom there are frequent movements.
In addition, it is Newham BID's view that in narrowing the road to 'provide a safe pathway for cyclists and pedestrians', the scheme will in fact do the opposite as the overhang from vehicle wing mirrors will put these users, who may be vulnerable, at grave risk.
On 18th April, our solicitor responded to the Cornwall Council legal response and a copy of this correspondence can be found here
On the same day, Cameron MacQuarrie from Macsalvors posed a question to Full Council - Question: Truro Town Loops Phase 1::
Newham Road Newham accommodates industrial and distribution businesses; access constrains the viability of the estate. The Council’s design guide would stipulate a carriageway of 7.3m. The Truro Loops scheme would see sections narrowed to just 6.5m. When someone is killed and businesses have to close will the Council accept responsibility?
You can see how our question is answered 28 minutes into the meeting and again at 3.07 when Councillor Jayne Kirkham challenges Councillor Donnithorne. Go to this video and this video for more. It is clear from Councillor Donnithorne's response that he supports the proposal, something that he later denied via social media in August 2023.
On 19th April, Cornwall Council’s solicitor issued a legal response notifying Newham BID of their intention to commence works on or after Monday 24th April – we have been asked not to share the Council’s legal letter. In summary, Cornwall Council notified Newham BID that in their opinion, their formal road audit, prepared after the scheme was paused, has been carried out by a team of experienced traffic engineers who are experts in their field. It should be noted that these experts are in fact employed by CORMAC and not independent. Newham BID commissioned its own safety assessment by TPA (see update on Friday 21st April 2023).
Cornwall Council maintain that their scheme will provide a better balance between the priorities of pedestrians, cyclists and other vehicles including HGVs and that their technical evidence would provide an overall benefit in terms of road safety.
On the same day, Newham BID was contacted by Cornwall Live for a response to the story they were running - Cornwall Live Article
More media coverage via Truro Voice and Packet Newspapers here: -Falmouth Packet Article
Macsalvors contacted a Health and Safety Consultant specialising in construction safety who is a Chartered Fellow of the Institution of Occupational Health and Safety and an ex HSE Inspector. Having looked at Cornwall Council’s proposals, the testimonial from Bruce Sutherland BSc Hons CFIOSH, MIDE, MFAAM can be downloaded here.
Newham BID writes to all Cornwall Councillors – Known Vehicle movements
On Friday afternoon, Newham BID received the following message from Cornwall Council Cabinet - the message.
Newham BID has undertaken its own independent technical note of the Council’s scheme published on Friday afternoon which concludes that the Council’s approved scheme is unsafe and will endanger lives. Newham BID is asking the Council not to proceed with these works or Newham BID reserves the right to take matters to a judicial review. We remain committed to ensuring the safety of all road users on Newham and exploring all avenues to achieve this result – see our latest legal letter and the TPA Assessment
Works are due to start today to narrow Newham Road – Newham BID awaits a further response from Cornwall Council following the issuing of our legal letter and independent road safety audit undertaken by experienced transport consultants, TPA, based in London.
Meanwhile, Newham BID has published mapping clearly showing the B1 versus B2/B8 usage of the estate based on current occupiers; it is clear that the B2/B8 usage far outweighs the B1 usage by floor area (by 1:4) , rateable value and vehicle movements associated with these uses. So Cornwall Council’s assertion that Newham is primarily B1 and therefore only needs a carriageway of 6.5M is completely misleading and factually inaccurate. Watch the webcast from the full Council meeting held on Tuesday 18th April. To see the map, click to view it here. To see drone footage, clearly indicating business usage on our estate, click here& here
To view the Council's design guidelines that indicate the widths required for various roads go to Development Layout Design (cornwall.gov.uk) (page 8/9). For a predominantly B2/B8 usage, the carriageway should be a minimum of 7.3M.
A further email has been sent to Cornwall Councillors and relevant officers – Email to Councillors Monday 24th April 2023
Newham BID issued its third press release on this date
On Friday 28th April, Cornwall Council issued a further legal letter confirming that in their view all the appropriate checks and balances have been undertaken by competent professionals that are expert in their field. The Council confirmed that they have confidence in the fact that works can safely proceed. The date for works commencing was indicated to be 2nd May 2023.
The response asserts that Cornwall Council regards safety as a key consideration and have not identified any concerns relating to road width.
Furthermore, they questioned the credentials of TPA’s audit of their scheme; TPA have been providing transport and planning advice for over 25 years and the author of the technical note acts as expert planning witness at planning appeals dealing with transport planning and highways matters. To find out more about TPA, click here and their team here
On this date, Mel Richardson from Newham BID also received an email from the Leader of the Council advising her not to communicate direct with officers and councillors and instead, to address all correspondence through the legal department. Other businesses who approach the Council to complain about the scheme did not have their correspondence answered either.
Cornwall Council responded to Newham BID’s FOI which was handled under the Environmental Information Regulations 2004, presumably to allow longer for the Council to respond.
The information requested is lodged at the following link Planning, Parking and Transport - click on “April 2023” for the information requested. Planning, Parking and Transport - Cornwall Council or download here
This includes the Council’s original safety review, their road safety audit prepared after the scheme was paused and the information on consultation responses. Note that by the end of the consultation period, there were 25 letters objecting to the scheme and just 9 in support.
On 3rd May, through our solicitors Stephens Scown, Newham BID appointed a London barrister – George Mackenzie from Francis Taylor Building - find out more here..
Works have started this week on Newham Road.
Pictures show works taking place from 5th May. Pictures show works taking place from 5th May.
Totally Truro Limited which is the legal entity for Newham BID has now instructed solicitors to seek permission from the High Court to judicially review the Council’s decision. The Council has also been put on notice of an intention to seek an interim injunction to prevent the works from continuing pending the outcome of that application to the court
Pictures Show Road Markings of where new pavement will be built and the impact when vehicles drive with wheels adjacent to new kerb.
This shows the vehicle (Standard Articulated Lorry) heading North on the corner immediately before Tesco. Please note trailer wheels only just off the kerb to the left. Tractor Unit wheels on white line with mirrors hanging over into oncoming traffic lane.
Same vehicle – same corner on return journey now heading south. Left hand wheels of truck are approximately on the line of paint marks laid down by CORMAC, mirrors would be slightly over new pavement. Comparison with previous photo will show that 2 vehicles of this type could not pass each other without impact unless the southbound vehicle mounted the pavement or the northbound dived into the hedge. Please note, impact would be on drivers’ side on both vehicles leading to high probability of loss of control.
This is the following corner with wheels positioned to keep mirrors approximately at edge of pavement. Once again, any southbound vehicle would not pass with result of either emergency stop or severe impact. These pictures confirm Swept Path Analysis carried out by TPA is correct.
Pictures show marked out lines on road where new pavement will be built out.
This clearly shows mirrors on edge of new pavement line. Only option for two vehicles to pass anywhere along this stretch is, as prophesied by TPA, for one of them to mount the kerb.
Pictures show work has started overnight pre and during the Bank Holiday weekend.
Pictures showing works taking place on Wednesday 10th May 2023
Please find attached our latest legal letters:
SS to CC - request for design details (11 May 2023)(16601700.2)
We have complied with Cornwall Council’s request not to issue their legal letters but by way of summary, the Council’s solicitor has queried the legitimacy of Newham BID and its legal status including its relationship with Totally Truro Ltd. They have indicated that once they have established our legal status, they may or may not release the documentation we ask that we believe should be in the public domain.
SS to CC - response on other matters (2nd of 11 May 2023)(16608193.1) (002)
Overnight, CORMAC staff work intensively on Newham and have now created an issue preventing safe deliveries by artics to Screwfix and Tilewise on Newham Road – see picture. Large vehicles now accessing Newham are forced to use the forecourt of Tilewise to safely pass.
Newham BID issues its press release – download here which receives traction on Cornwall Live and Truro Packet:
ITV West Country News covered our road story on the 6pm evening West Country News – to see the footage Click Here- headline item. A shorter clip appeared on the 10.30pm news slot.
On the same day, Screwfix struggled to make a delivery to their store on Newham Road – the narrowing meant they could not reverse into the yard and parking on the road not only created an issue for other road users trying to safely pass but also created an issue for the offloading of stock.
Cornwall Council and Newham BID have entered into discussions and agreed a joint statement
Following a legal challenge to the proposed upgrade of the National Cycle Network along Newham Road, Cornwall Council is in discussions with Newham Business Improvement District and Totally Truro. The involved parties are open to exploring an out of court resolution.
(Unfortunately, in August 2023, Cornwall Council did not agree a suitable solution with Newham BID and presented their second scheme which was almost identical to the first one; a scheme that despite a press release issued by the Council, Newham BID fundamentally objected to.)
Two days later after the 23rd May statement, Cornwall Council made the following decision and agreed the statement below with Newham BID:
“The Cornwall Council has issued an operational decision on 25.05.2023 to halt the Newham Scheme; the Council and Newham BID are currently working together in an attempt to reach a resolution that does not involve court intervention and generally in respect of any future plans affecting the Newham Estate.”
(Unfortunately, in August 2023, Cornwall Council did not agree a suitable solution with Newham BID and presented their second scheme which was almost identical to the first one; a scheme that despite a press release issued by the Council, Newham BID fundamentally objected to.)
The Council's decision to halt the current works received traction on ITV news and in the following places:
We await the opportunity to enter into positive discussions with Cornwall Council representatives and hope that the road will be reinstated to its original width as soon as possible (sadly, as the August update confirms, there were no positive discussions).
Meanwhile, today, legislation comes in to allow longer trailers on UK Roads to support the government's priority to grow the economy, boost productivity, slash road emissions and support supply chains.
Councillor Rob Nolan talks to Local Democracy Reporter, Lee Trewhela
To read the article go to:
Newham BID businesses have overwhelmed voted in favour of a third term of Newham BID in a record breaking ballot. 100% of all those who voted, voted 'yes', something that has not happened before in circa 960 British Isles BID ballots held for 335 BIDs over 19 years. Thank you to all the businesses that supported Newham BID; whilst we deliver many services and projects, representing the interests of our industrial estate, our stance on the road narrowing has no doubt been respected and recognised by Newham businesses.
To see the declaration of ballot, please click here
To read traction in the Truro Voice, click here
To view the press release please click here
Newham BID are very disappointed to learn that a decision was issued on Monday 15th August to proceed with the Truro Loops scheme which involves narrowing Newham Road to create wider footpaths for cyclists and pedestrians, a scheme the Council halted on 22nd May.
We have been 'presented' (not 'consulted') with a slightly revised scheme within which we are very unhappy with and does not address the concerns of our Newham businesses. We also do not believe the scheme is safe, meeting the requirements of our many road users including those operating HGVs or indeed for the intended users of the new footpath once installed.
In summary, the new proposal is to reduce the section of road from Tesco to Skinners Brewery to a width of 6.8M (from its current 7.3M – originally, the Council intended to reduce it to 6.5M) and to reduce the road width from Skinners Brewery to Cornish Mutual to 6.5M (a large reduction from its current width and line with their original proposal so no concession).
We are currently liaising with our solicitors and our transport consultants before deciding what further action we can take.
It is possible that the work will start very soon given that the Council have a funding deadline. Despite a misleading press release from Cornwall Council which we ask them to alter before issuing, we are not in any way, supportive of the new proposals and gave a response to Cornwall Live as below.
CORMAC advised that work would begin today on the road narrowing scheme using European funds - work is due to be completed by the end of December 2023. Newham BID wrote to Councillor Richard Pears, the new Cabinet Transport Portfolio Holder to invite him to visit Newham but he subsequently declined the invitation.
Meanwhile, Newham BID has also reported to Cornwall Council issues with the road surface between Gas Hill and Lighterage Hill, where repairs are required to maintain access to half the industrial estate. Businesses fear that the road is sinking here and that in future, the equivalent to the 'Dawlish line' where the railway line fell into the sea could occur, effectively cutting off half the estate.
Traffic lights associated with the road narrowing scheme have caused widespread disruption this week including traffic delays, blocked access to businesses and an accident where a HGV reversed into an adjacent building due to the narrowed access.
Newham BID is aware of numerous complaints lodged with CORMAC including those around the safety of the Council's two way traffic light system which does not allow motorists whose businesses are located mid-way along Newham Road, to know whether the lights are on red or green. This is particularly dangerous for those whose business includes the transport of hazardous substances.
To read the press articles go to Cornwall Live and Falmouth Packet Story
Since the scheme began, there have been high costs to businesses including the replacement of wing mirrors and associated time lost and costs returning to site. Businesses have been forced to use alternative HGVs whilst the original vehicle needs to be repaired and cannot legally be used.
Over the last month, Newham BID has reached out to the new Portfolio Holder for Transport, Councillor Richard Pears but he has declined our offer for a meeting on site.
Due to the Council's claim of the hundreds of thousands of pounds they would lose in European funding if the scheme did not proceed, Newham BID with its modest resources is unable to proceed with the litigation. However, one of the large businesses on the estate, who does not at this stage want to be identified,issued a legal challenge on Monday, putting in an application to the High Court for permission to judicially review Cornwall Council’s decision to narrow the road and have asked for an expedited court hearing and an immediate injunction.
We are clearly delighted that an occupier on Newham shares the same concerns about the safety of the scheme as we have and has made a commitment to challenge the decision. Clearly, at this stage, the outcome is unknown but it is heartening that the fight for the rights of our business community continues.
Other businesses including independents, nationals and landlords with premises on Newham have pledged additional financial support.
Newham BID wrote to the Prime Minister copying in the Secretary of State for Transport and the MP For Truro and Falmouth. A copy of the letter is here and the response from the Minister for Roads and Transport is here.
Over the months, businesses and Newham BID have also written to Cherilyn Mackrory MP who has so far not engaged in the debate or indeed responded to those making contact with her.
Newham BID has exchanged correspondence with CORMAC who still have no plans to release details on the scheme despite an assurance that these would be available some weeks ago.
Meanwhile, CORMAC plant/machinery has been parked on private forecourts without the consent of the businesses concerned.
The roadworks continue to create lengthy delays for our business community and hinder trading activities
A number of near misses have been evidenced as the narrowed road prevents two HGVs passing each other safely as predicted by Newham businesses from the outset of the scheme.
Photographic and CCTV evidence demonstrates the safety issues. It is clear that the new kerb stones are being damaged as vehicles are forced to mount the kerb to avoid a collision. Smashed wing mirrors and burst tyres have also added to the costs and stress encountered by businesses as well as the cost of lengthy delays.
ITV West Country News filmed on Newham and this was broadcast on the evening news. Article here
To view the footage click hereUnfortunately, the application for an injunction mounted by a large private sector player on Newham to stop the road narrowing was unsuccessful; Newham BID is very disappointed that the judicial system did not support the private sector's case or failed to recognise the sheer volume of evidence to prove the safety inadequacies of the scheme.
Since then, we understand that the Council have reviewed their first and second schemes and following an on site visit, have now come up with a third scheme; presumably, they finally recognised that both the first and second schemes were unfit for purpose. Newham BID now understands that the latest proposal is to create a 6.8M carriageway from Tesco to Cornish Mutual, something that previously they were unprepared to do on the basis that this would not provide a wide enough footway for pedestrians and cyclists. This is still a substantial reduction in the original road width, in conflict with the Council's own guidelines on the width of an industrial estate and national guidelines.
Each of the three 'safety reviews' focus primarily on the width of the footpath as well as the issue of losing European funding rather than how safe the carriageway is for regular daily vehicle movements; in Newham BID's view, the safety of those pedestrians/cyclists will be compromised and carbon emissions will increase as vehicles are forced to slow down in order to attempt safe passage.
Only time will tell what the impact will be on safety, access and viability particularly when the new path is promoted in the Spring of 2024 and people including vulnerable users, start walking and cycling beside a narrow road regularly used by HGV drivers who are fundamental to our thriving estate and the economy of Cornwall. At this point in time, Newham BID's stance remains that this scheme poses a danger to pedestrians, cyclists and motorists; it does not provide enough clearance for large vehicles and their wing mirrors will prove a hazard to people using the footpath. We are an industrial estate, a fact that seems to have been completely lost on those promoting this over-engineered and ill thought out scheme that businesses on Newham did not support.
Meanwhile, as the road works continue towards Christmas, further pledges to businesses about unimpeded access with regard to emergency night access have been made and those promises broken hours later. Further plant has been dumped in business premises without consent, entrances to businesses blocked and a nice planted area paid for by Newham businesses completely ruined when a digger drove through it; all of this shows contempt and disregard for the businesses on Newham.
Cornwall Council have also launched a consultation on their Town Deal projects with further proposed modifications to the Lighterage Hill junction and access to Lighterage Quay where the proposed bridge will be installed. The consultation went public without any of the key businesses being consulted on proposals that will have an impact on their operations; further evidence of the contempt and disrespect shown to those businesses operating on our Estate.
Newham BID declined the opportunity to discuss the latest Town Deal plans on the basis that previous consultation has not been listened and our vociferous objections from businesses who contribute so much to the local economy and economy and now pay higher business rates, have counted for nothing; we did not want our attendance at a meeting to be construed as acceptance or endorsement of the Council's plans.
In Newham BID's view, the way the Town Deal Green Transport project for Newham has been delivered is counter to the original application and is in no way 'green' - aside from the safety issues, this scheme will create higher carbon emissions as vehicles try to navigate a reduced highway; a great pity when there were so many other viable, safer alternatives that would have worked for all both between Gas Hill and Lighterage Hill (as per CORMAC's original proposal in 2016) and using existing riverside paths along Newham Road.
Just days before Christmas, Cornwall Council installed two benches on the new footpath along with cycle racks. Newham's businesses were furious given that the idea of the project was to widen the path to allow pedestrians and cyclists to pass safely. The new benches and cycle racks will provide a new obstacle and seem to completely defeat the point of narrowing the road to create a wide path. Even people representing cyclists are not happy. Like the new path, the benches and racks are unlikely to be used.
Truro Voice ran the story which also appeared on facebook - https://www.voicenewspapers.co.uk/news/conflicted-opinions-as-new-furniture-discovered-on-path-657597 or here
Newham BID have since emailed Council representatives twice for a response on this and to again, remind the Council to take action with regard to the sinking road between Gas Hill and Lighterage Hill. Take this disrepair to the ultimate conclusion and we have a 'Dawlish' situation where half of the Estate is cut off, making a mockery of Truro Loops. No response has been received.
Newham BID gathers that the scheme is now completed and awaits the road safety audit.
