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Liston Rd - New Court / Liston Court Access
Access between Liston Rd, High St and Cromwell Gdns across New Court / Liston Court
select here to jump to the 9-Mar-23 status ...
As background: New Court was left to Marlow by Nesta Liston in the 1970's and for decades has provided convenient and attractive public access from Liston Rd and it's car park to the High Street and to the south and east - Library - and the railway station and medical centre beyond. Importantly the current access is suitable for pushchairs and mobility scooters.
The land ownership has moved away from Nesta Liston's intention and is now more complex. It is important to retain public rights of way and access, against the continued commercial pressures that put this at risk.
In Jan 2016 Marlow Town Council submitted an application to the council ( Wycombe District Council at the time, now Buckinghamshire County Council ) for the well used routes across New Court / Liston Court, that link Liston Rd, High St and Cromwell Gdns, to be made Public Rights of Way. This included supportive input/evidence from over 160 people. The current situation is that these routes have not been made Public Rights of Way.
In Sep 2020 a Planning Application - 20/07411/FUL - which builds across the current public access from Liston Rd to New Court / Liston Court - was submitted. The plan did not clearly show an alternative access.
The society raised the issue with the council and the advice from the council was to submit claims to the council for this to be an official public right of way - using a DMMO (Definitive Map Modification Order) form. NB. This was the process used by Marlow Town Council in 2016.
In Dec 2020 the Marlow Society Chairman and two other Marlow Society members each submitted a DMMO through this process. The routes requested to be made Public Rights of Way are shown below:
Dec 2020 DMMO Routes
In Aug 2021 the Planning Application - 20/07411/FUL - which builds across the current public access from Liston Rd to New Court / Liston Court - was approved. The issue of appropriate access was still unresolved.
- Martin Blunkell's letter of Aug 2021 ( also in the Planning Application Documents section )
The status ( Nov 2022 ) is that the Society has been advised that the developers will create a new path around the development, although there are no clear details of this in the Planning Application.
On 31st Oct 2022 Bucks CC (Definitive Maps) communicated proposed routes to enter the next step of the Right of Way process. The Oct 22 Bucks CC Proposed routes are shown below:
Oct 2022 Bucks Council Routes
The Liston Rd to High St route in the Dec 2020 DMMO Routes is the one that has been tailored for all levels of mobility, with the better access and surface and dropped kerb at Liston Rd.
We have asked Bucks Council why this has been excluded from the proposal and they advised that they are already legally protected ( actual wording below ):
"the routes fall within land owned by Liston Court Limited and the conveyance for this land already gives people a right to pass and re-pass on foot. Therefore any use by the public along these routes is "by right" not "as of right" so the criteria set by the legislation has not been met."
In practice both sets of routes have been in frequent and continuous use for well over the twenty year qualifying period. It is important that public access is protected for the future on all of these routes and there is a minimum, essential requirement that the result needs to satisfy:
There needs to be complete Right of Way* links between the three roads: Liston Road, High Street and Cromwell Gardens. This of course needs to include access to Liston Road, High Street and Cromwell Gardens. ( * include 'right to pass' and 'repass' as appropriate ).
The width and quality of these Rights of Way need to provide safe and easy access for all levels of mobility including: pushchairs, wheelchairs, wheeled walking aids, mobility scooters.
Status 9-Mar-23
A Definitive Map Modification Order has been made. This Order is open to objection and, if objections were received the matter could result in a local public inquiry. Should the application be rejected, the applicant has the right of appeal against the decision.
The Definitive Map Modification Order can be viewed here on the Buckinghamshire Council website ...
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For information - the public email address to contact the Bucks CC Rights of Way group is:
A suitable reference is: Liston Court / New Court Rights of Way - ref Marlow 16855WDI
The public-rights-of-way area of the Bucks CC website can be found here...
