New Consultation Report 4140-0272-3366 v.1 · 2020. 9. 23. · CPRRA TWAO Consultation Report Page...
Transcript of New Consultation Report 4140-0272-3366 v.1 · 2020. 9. 23. · CPRRA TWAO Consultation Report Page...
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39170/1/
CHINNOR and PRINCES RISBOROUGH RAILWAY ASSOCIATION LIMITED
Application for an Order under the Transport and Works Act 1992
for Transfer of Responsibility for Railway Track at Princes Risborough
Consultation Report
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Transport and Works Act 1992
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Transfer of Responsibility for Railway Track at Princes
Risborough
CONSULTATION REPORT Rule 10(2)(d) August 2020
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CONTENTS Page
1 Introduction .............................................................................................................. 4 2 Aims of Application Proposals .................................................................................... 4 3 Statutory Consultation ............................................................................................... 5 4 Non-Statutory Consultation ....................................................................................... 5 5 The formal consultation process ................................................................................ 5 6 Substantive Responses .............................................................................................. 6 7 Non-Substantive Responses ....................................................................................... 6 8 Summary of Responses Received ............................................................................... 7 9 Publicising the Application ......................................................................................... 7 10 Conclusion ................................................................................................................. 7
Appendices Description
A Letter sent to authorities
B Letter delivered to neighbours
C Authorities required to be consulted
D Authorities consulted by post
E Authorities consulted by e-mail
F Councillors and others consulted by e-mail
G Neighbours consulted
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1 Introduction
1.1 The Chinnor and Princes Risborough Railway Association Limited (CPRRA) is applying to the Secretary of State for Transport for an Order under the Transport and Works Act 1992 (the Transfer Order) to transfer the statutory rights and responsibilities for some of the track at and in the vicinity of Princes Risborough Station, including an approximately half-mile length of railway track, from Network Rail Infrastructure Limited (NR) to CPRRA for the purposes of our heritage railway undertaking. The land on which these tracks stand is already leased to us under a 99-year lease.
2 Aims of Application Proposals
2.1 The current means by which our heritage trains access Princes Risborough station is unsatisfactory for a number of reasons:
• The access is only available at times convenient to NR and the relevant Train Operating Companies.
• The current Track Access Agreement expires in 2021 and renewal is not certain, nor may it be long term.
• Changes to mainline services may require the use of the Thame Branch Siding on a more frequent basis, thereby curtailing CPRRA’s operations or preventing them altogether.
2.2 Under the present system there have been occasions when heritage trains have been either denied access or had access delayed due to a requirement to use the Thame Branch Siding for other railway operations. Sometimes trains have been held for some time at Princes Risborough, due to the Thame Branch Siding being required for use as a siding to hold a defective Train Operating Company train. At times of increased workload for the Network Rail Signallers, e.g. due to disruption on the National Network, dealing with the additional burden of signalling CPRRA trains is an unwanted distraction.
2.3 The Order would enable the CPRRA’s heritage and community trains to continue operations into Princes Risborough, but over its own track and without interference to NR or any other Train Operating Company’s operations.
2.4 The Order would provide for the transfer from NR to CPRRA of the statutory rights and responsibilities pertaining to the railway with effect from the date upon which the Order comes into force for the duration of the 99-year lease. It would also provide for powers to operate and use the railway, and to transfer the railway undertaking to CPRRA’s subsidiary company or to a third party with the consent of NR. As Network Rail has certain reserved rights under the lease, no onward transfer of statutory powers is to be made without the consent of NR.
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2.5 The Order would provide for a dispute resolution process in the event of any difference between NR and CPRRA (or its successor to the statutory powers) relating to the Order’s provisions.
2.6 We are not seeking here permission for any development. This is existing railway. The Transfer Order is solely about transferring statutory rights and responsibilities for the relevant part of the railway line.
3 Statutory Consultation
3.1 Rule 10(2)(d) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 requires a report summarising all the consultations that have been undertaken, including confirmation that the applicant has consulted all those named in column (2) of the tables in Schedules 5 and 6 to these Rules where authority is sought for works or other matters described in column (1) of those tables or, if not, an explanation of why not. See Appendix C for detailed requirements for consultation, and Appendices D and E for details of those authorities we have consulted.
3.2 In accordance with good practice, we have also consulted with neighbouring residents and businesses in Horsenden Lane, Summerleys Road, and Northmill, Princes Risborough, Buckinghamshire. See Appendix G for details of those neighbours we have consulted.
4 Non-Statutory Consultation
4.1 While generally considering the situation that led to the application, CPRRA has informally consulted with interested parties. These include employees of NR and of the Office of Rail and Road (ORR).
4.2 We have been in discussions with NR and ORR over many years. The transfer of the relevant land to CPRRA from NR was approved by the ORR in 2011, and the overall scheme’s many elements have gradually been put in place since then. As well as NR and ORR, the Department for Transport, Chiltern Railways, and relevant local authorities have also been involved at various times.
4.3 We have supplied NR and ORR with copies of the Draft Order. At the time of writing, NR’s Legal Team are in discussion with our Solicitors. ORR has confirmed that it has ‘No Comments’.
5 The formal consultation process
5.1 Two consultation documents were prepared – one for immediate neighbours and one for the bodies specified in Appendix C.
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5.2 The consultation document for the bodies specified in Appendix C was e-mailed on 1 June 2020 to those bodies where we had an e-mail address. It was posted (by first class post) on 1 June 2020 where we had only a postal address. It was subsequently sent to National Grid (Cadent Gas / SGN) on 11 June and Carington Estates on 13 June 2020. See Appendices D and E for details.
5.3 The consultation document for the bodies specified in Appendix C was also e-mailed on 1 June 2020 to local councillors and members of local bodies (see Appendix F). It had already been e-mailed on 28 May 2020 to Mr John Howell (MP for Henley, covering Chinnor) and Mr Greg Smith (MP for Buckingham, covering Princes Risborough) so that they would have information in advance in case a constituent contacted them.
5.4 Responses were classified as Substantive (i.e. with material that had to be considered) and Non-Substantive (i.e. simple acknowledgement of receipt). Responses were logged in the order they were received.
6 Substantive Responses
6.1 There have been just two substantive responses, both of which raised queries that have been answered to the responder’s satisfaction.
• Andy Scott of NR queried the duration of the transfer, and what would happen when the 99-year lease expired. The Order makes explicit that the transfer terminates at the same time as the lease.
• Sam Holmes of National Grid asked if we were ‘looking to stop-up the land in question’, and requested a plan if there were going to be more track installed or more trains over the track. He was assured that we were not planning to do so.
7 Non-Substantive Responses
7.1 Six responders simply acknowledged receipt of the information.
7.2 A representative of Chinnor Parish Council, a representative of Aylesbury Transport User Group, and two residents of Summerleys Road, all wished us success.
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8 Summary of Responses Received
Sent Substantive Non-Substantive Good wishes Potential stakeholders
22
2
6
1
Neighbouring businesses 32 Neighbouring residents 48 1 Councillors and MPs 44 1 Other 5 1
Totals 151 2 7 3
9 Publicising the Application
9.1 In addition to the direct mailings, the two consultation documents (one for the bodies specified in Appendix C and one for neighbours), together with an introduction, were posted on CPRRA’s web site so that visitors to the site could be aware of the application.
10 Conclusion
10.1 No objections have been received. Several expressions of support have been received.
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Appendix A - Letter sent to authorities 1 June 2020
CHINNOR and PRINCES RISBOROUGH RAILWAY ASSOCIATION LIMITED
Dear Sir / Madam,
TWAO Project, Chinnor Station,
Station Road, Chinnor,
OX39 4ER 1 June 2020
Transfer of Responsibility for Railway Track at Princes Risborough Application for an Order under the Transport and Works Act 1992
The Chinnor and Princes Risborough Railway Association Limited (CPRRA) is applying to the Secretary of State for Transport for an Order under the Transport and Works Act 1992 (the Transfer Order) to transfer the statutory rights and responsibilities for some of the track at Princes Risborough Station, including an approximately half-mile length of railway track, from Network Rail Infrastructure Limited (NR) to CPRRA for the purposes of our heritage railway undertaking. The land on which these tracks stand is already leased to us.
We are hoping to complete this process within a year. The statutory procedure requires consultation with those bodies listed in Schedules 5 and 6 of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006. We also wish to consult with other local bodies, and local residents who may be interested. We warmly invite you to submit any views, questions, or comments you may have about the proposed Transfer Order to the address at the bottom of this letter.
This document is being delivered to authorities including Princes Risborough Town Council, Chinnor Parish Council, and Buckinghamshire Council. Attached for your information is the document that we will be sending to neighbouring residents and businesses in Horsenden Lane, Summerleys Road, and Northmill, Princes Risborough, Buckinghamshire.
The location of the track is shown below. The ‘Chinnor Independent Line’ (CIL) runs from a little north of the station, across the bridge over the highway that leads into Princes Estate, Summerleys Road, and out into the countryside where it meets our existing railway. There are two tracks side by side on the embankment; the one nearest the houses on Summerleys Road is in use and will remain owned and operated by NR. CPRRA owns the other track, currently unused, and has recently leased that half of the embankment from NR for 99 years.
The location of the track
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We are not seeking here permission for any development. This is existing railway. The Transfer Order is solely about transferring statutory responsibility for the relevant part of the railway line.
Although we are consulting widely, CPRRA believes that there are no negative issues relating to the change that might impact on the local community. The transfer will not materially change CPRRA’s use of the track in the station area, including the sidings. CPRRA will generally no longer use NR’s Thame Branch Siding and will use the CIL instead. The new arrangement will move our trains slightly further away from the houses on Summerleys Road.
The view along the tracks looking towards Princes Risborough. The line on the left is NR's Thame Branch Siding, and on the right is CPRRA’s Chinnor Independent Line. The gardens and houses of Summerleys Road are behind the trees on the left.
CPRRA’s principal activities currently include the preservation of part of the former Great Western Railway’s Princes Risborough to Watlington Branch line from Princes Risborough (PR) to Chinnor, and the operation of ‘Heritage Railway’ services on it.
In 2018 CPRRA extended those services into Princes Risborough Station, following the purchase in 2017 of a 99-year lease from NR and an interim agreement to run our trains via their Thame Branch Siding. This lease includes the following land and track at Princes Risborough Station:
• Platform 4 of the station, including Princes Risborough North Signal-box, and adjacent tracks; • the sidings to the south of the station; and • the ‘Watlington Branch Line’ (now known as the ‘Chinnor Independent Line’) between Princes
Risborough Station and CPRRA’s existing railway at the previous boundary.
Although CPRRA now leases the relevant land, NR still has the statutory rights and responsibilities inherited from the Watlington and Princes Risborough Railway Act of 1869. It is those and subsequent rights and responsibilities that CPRRA is applying to have transferred for the duration of the long lease, as it will have sole responsibility during this period for the railway operations on the line.
If you have any queries, wish to express concerns, or to support us, please contact CPRRA, either by post to TWAO Project, Chinnor & Princes Risborough Railway, Chinnor Station, Station Road, Chinnor OX39 4ER, or by email to [email protected]. We anticipate making our application soon and we would appreciate your comments before 30 June please.
Stanley Hart, Chairman
The Chinnor and Princes Risborough Railway Association Limited is a registered charity. It and the railway it owns are run by volunteers.
Company Registration No. 02644128. Charity Registration No. 1016237
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Appendix B - Letter delivered to neighbours 1 June 2020
CHINNOR and PRINCES RISBOROUGH RAILWAY ASSOCIATION LIMITED
Dear Neighbour,
TWAO Project, Chinnor Station,
Station Road, Chinnor,
OX39 4ER 1 June 2020
Transfer of Responsibility for Railway Track at Princes Risborough Application for an Order under the Transport and Works Act 1992
The Chinnor and Princes Risborough Railway Association Limited (CPRRA) is applying to the Secretary of State for Transport for an Order under the Transport and Works Act 1992 (the Transfer Order) to transfer the statutory rights and responsibilities for some of the track at Princes Risborough Station, including an approximately half-mile length of railway track, from Network Rail Infrastructure Limited (NR) to CPRRA for the purposes of our heritage railway undertaking. The land on which these tracks stand is already leased to us.
We are hoping to complete this process within a year. The process requires consultation with all interested parties, of which this document is an early part. We warmly invite you to submit any views, questions, or comments you may have about the proposed Transfer Order to the address at the bottom of this letter.
We are sending this document to neighbouring residents and businesses in Horsenden Lane, Summerleys Road, and Northmill, Princes Risborough. We are also consulting the appropriate authorities (e.g. Princes Risborough Town Council, Chinnor Parish Council, and Buckinghamshire Council).
The view along the tracks looking towards Princes Risborough. The line on the left is NR's Thame Branch Siding, and on the right is CPRRA’s Chinnor Independent Line. The gardens and houses of Summerleys Road are behind the trees on the left.
At present, in order to access our recently opened Platform 4 at Princes Risborough Station, we can generally arrange to run our trains over NR’s track, unless NR need the line themselves. By managing our own track we will gain independent access between Princes Risborough Station and the rest of our railway to Chinnor. We are not seeking here permission for any additional trains or for any development. This is existing railway. The Transfer Order is solely about transferring statutory responsibility.
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The location of the track is shown below. The ‘Chinnor Independent Line’ (CIL) runs from a little north of the station, across the bridge over the highway that leads into Princes Estate, Summerleys Road, and out into the countryside where it meets our existing railway. There are two tracks side by side on the embankment; the one nearest the houses on Summerleys Road is in use and will remain owned and operated by NR. CPRRA owns the other track, currently unused, and has recently leased that half of the embankment from NR for 99 years.
The location of the track
Although we are consulting widely, CPRRA believes that there are no negative issues relating to the change that might impact on the local community. The transfer will not materially change CPRRA’s use of the track in the station area, including the sidings. CPRRA will generally no longer use NR’s Thame Branch Siding and will use the CIL instead. The new arrangement will move our trains slightly further away from the houses on Summerleys Road.
CPRRA’s principal activities currently include the preservation of part of the former Great Western Railway’s Princes Risborough to Watlington Branch line from Princes Risborough (PR) to Chinnor, and the operation of ‘Heritage Railway’ services on it.
In 2018 CPRRA extended those services into Princes Risborough Station, following the purchase in 2017 of a 99-year lease from NR and an interim agreement to run our trains via their Thame Branch Siding. This lease includes the following land and track at Princes Risborough Station:
• Platform 4 of the station, including Princes Risborough North Signal-box, and adjacent tracks; • the sidings to the south of the station; and • the ‘Watlington Branch Line’ (now known as the ‘Chinnor Independent Line’) between PR and
CPRRA’s existing railway at the previous boundary.
Although CPRRA now leases the relevant land, NR still has the rights and responsibilities inherited from the Watlington and Princes Risborough Railway Act of 1869. It is those and subsequent rights and responsibilities that CPRRA is applying to have transferred for the duration of the long lease, as it will have sole responsibility during this period for the railway operations on the line.
If you have any queries, wish to express concerns, or to support us, please contact CPRRA, either by post to TWAO Project, Chinnor & Princes Risborough Railway, Chinnor Station, Station Road, Chinnor OX39 4ER, or by email to [email protected]. We anticipate making our application soon and we would appreciate your comments before 30 June please.
Stanley Hart, Chairman
The Chinnor and Princes Risborough Railway Association Limited is a registered charity. It and the railway it owns are run by volunteers.
Company Registration No. 02644128. Charity Registration No. 1016237
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Appendix C - Authorities consulted
TRANSPORT AND WORKS ACT 1992 Chinnor and Princes Risborough Railway Association Limited
Application Consultees
Requirement Consultee Reference
Schedule 5 Section
24. Works to construct, alter or demolish a transport system or to carry out works ancillary to its operation or works consequential upon its abandonment or demolition.
Her Majesty’s Railway Inspectorate
Schedule 6 Section
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TRANSPORT AND WORKS ACT 1992
Chinnor and Princes Risborough Railway Association Limited Application - Non-Statutory Consultees
Requirement Consultee Reference Department for Transport TWA Guide to Procedures June 2006 Annex 4 List of Non-Statutory Consultees
1- Works involving new or modified passenger transport services
Any local consultative body representing recognised transport users groups
13- Railway Preservation Schemes Heritage Railway Association
Other requirements (WS Note on Consultation 8/11/18)
paragraph 7 Local Authorities: (Princes Risborough & Chinnor councils) County District; Risborough Town; Chinnor Parish; Royal Mail Environment Agency Natural England Local Wildlife Trusts Individual Councillors Chiltern Conservation Board
paragraph 8 ORR NR
paragraph 9 Local residents
paragraph 10 MP / MEP
paragraph 11 London Gazette Local newspapers and media
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Appendix D - Authorities consulted by post 1 June 2020
ORR (Railway Licensing), 25 Cabot Square, London, E14 4QZ
Heritage Railway Inspector, ORR, 2nd Floor, 2 Rivergate, Temple Quay, Bristol, BS1 6EH
Route Managing Director, London North Western Route, Network Rail Infrastructure Limited, Floor 1, Baskerville House, Centenary Square, Birmingham, B1 2ND
Network Rail Infrastructure Limited 1 Eversholt Street, London NW1 2DN
Chiltern Railways, 1 Admiral Way, Doxford International Business Park, Sunderland, SR3 3XP
Chiltern Railways, Marylebone Station, London, NW1 6JJ
Berks, Bucks and Oxon Wildlife Trust, Upper Icknield Way, Bulbourne, Tring, HP23 5QG
ORR (Her Majesty’s Railway Inspectorate), 25 Cabot Square, London, E14 4QZ
Aylesbury Vale Transport Users Group, 6 Wingrave Road, Aston Abbotts, HP22 4LT
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Appendix E - Authorities consulted by e-mail 1 June 2020
Buckinghamshire Council [email protected]; Oxfordshire County Council [email protected]; South Oxfordshire District Council [email protected]; Princes Risborough Town Council [email protected]; Chinnor Parish Council [email protected]; Environment Agency [email protected]; Natural England [email protected]; Chiltern Conservation Board [email protected]; Royal Mail [email protected]; Heritage Railway Association [email protected]; Network Rail Infrastructure Limited [email protected]; Network Rail Infrastructure Limited [email protected]; Network Rail Infrastructure Limited [email protected]; John Howell MP [email protected]; Greg Smith MP [email protected]; London Gazette [email protected]; Thame Gazette [email protected]; Oxford Mail [email protected]; Bucks Free Press [email protected]; The Bucks Herald [email protected];
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Appendix F - Councillors and others consulted by e-mail 1 June 2020
Arthur Edwards Chairman Princes Risborough Community Association
Richard Harrington Chief Executive Officer
Buckinghamshire Local Enterprise Partnership
Martin Tett
Bill Chapple
Clive Harriss
Mark Shaw
Shadow Executive - Leader of Buckinghamshire County Council
Shadow Executive - Cabinet Member for Planning and Environment
Shadow Executive - Deputy Cabinet Member for Planning & Environment
Shadow Executive - Deputy Leader & Cabinet Member for Transportation
Buckinghamshire Council
Buckinghamshire Council
Buckinghamshire Council
Buckinghamshire Council
Robin Williams Chairman Chinnor Parish Council
Martin Wright Chair of Planning Committee Chinnor Parish Council
Neil Flint Chair of Finance and General Purposes Committee
Chinnor Parish Council
Susan Ashdown Chair of Environment Committee Chinnor Parish Council
Daryl Ridgley Councillor Chinnor Parish Council
Sharon Edwards Councillor Chinnor Parish Council
Debra Standage Councillor Chinnor Parish Council
Dave Young Councillor Chinnor Parish Council
Robert Minter Councillor Robert Oliver Councillor Gordon Archer Councillor Richard Gray Councillor
Liz Folley Clerk to the Council Chinnor Parish Council
David Bretherton Chairman South Oxfordshire District Council
Lynn Lloyd Councillor Community Grants & Chinnor Ward
South Oxfordshire District Council
Ian White
Councillor Planning Committee & South Oxfordshire District Council Chinnor Ward
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Matthew Walsh Town Mayor Princes Risborough Town Council
Andy Ball Vice Chairman Princes Risborough Town Council
Nathan Davis Town Councillor Princes Risborough Town Council
Iain McLauchlan Town Councillor Princes Risborough Town Council
Tapashya Murali Town Councillor Princes Risborough Town Council
Lee Byrne Town Councillor Princes Risborough Town Council
Gary Hall Town & District Councillor Princes Risborough Town Council
Ian Pearce Town Councillor Princes Risborough Town Council
Stewart Baxter Town Councillor Princes Risborough Town Council
John Coombs Town Councillor Princes Risborough Town Council
David Knights Town & District Councillor Princes Risborough Town Council
Alan Turner Town & District Councillor Princes Risborough Town Council
Bill Bendyshe-Brown
County Councillor
Susanne Griffiths Clerk to the Council and Responsible Financial Officer Princes Risborough Town Council
Kirsty Pope Deputy Clerk Princes Risborough Town Council
Annabelle Denbury Town Projects and Communications
Princes Risborough Town Council
Jayne Mylchreest Town Administration Officer Princes Risborough Town Council
Lucy Dowson Tourism Development Manager Buckinghamshire Business First
Elaine King Chief Executive Officer Chilterns Conservation Board
Nick Marriner Landowner Engagement Officer Chilterns Conservation Board
Steve Baker MP for High Wycombe Parliamentarian
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Appendix G - Neighbours consulted 1 June 2020 CHINNOR and PRINCES RISBOROUGH
RAILWAY ASSOCIATION LIMITED
House / Building No / Name House / Building No / Name House / Building No / Name
1 Northmill 49 Summerleys Road 85 Summerleys Road
2 Northmill 51 Summerleys Road 87 Summerleys Road
3 Northmill 53 Summerleys Road 89 Summerleys Road
4 Northmill 55 Summerleys Road 91 Summerleys Road
5 Northmill 57 Summerleys Road 93 Summerleys Road
6 Northmill 59 Summerleys Road 95 Summerleys Road
7 Northmill 61 Summerleys Road 97 Summerleys Road
8 Northmill 63 Summerleys Road 99 Summerleys Road
9 Northmill 65 Summerleys Road 101 Summerleys Road
9A Northmill 67 Summerleys Road 103 Summerleys Road
69 Summerleys Road 105 Summerleys Road
Larch Grove. Horsenden Lane 71 Summerleys Road 107 Summerleys Road
Kinder Lodge, Horsenden Lane 73 Summerleys Road 109 Summerleys Road
Orchard House, Horsenden Lane 75 Summerleys Road 111 Summerleys Road
Pippins, Horsenden Lane 77 Summerleys Road 113 Summerleys Road
The Grange, Horsenden Lane 79 Summerleys Road 115 Summerleys Road
81 Summerleys Road 117 Summerleys Road
83 Summerleys Road
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CHINNOR and PRINCES RISBOROUGH RAILWAY ASSOCIATION LIMITED
House / Building No / Name House / Building No / Name House / Building No / Name
Unit Al Regent Park Unit C3 Regent Park Unit 1 Kites Park
Unit A2 & A3 Regent Park Unit C4 Regent Park Unit 2 Kites Park
Unit B1 Regent Park Unit C5 Regent Park Unit 3 Kites Park
Unit B2 Regent Park Unit D1 Regent Park Unit 4 Kites Park
Unit B3 Regent Park Unit D2, D3 & D4 Regent Park Unit 5 Kites Park
Unit B4 Regent Park
Unit El Regent Park Ercol
Unit B5 Regent Park
Unit E2 Regent Park Unit 2 Somerleys Business Centre
Unit B6 Regent Park
Unit E3 Regent Park Unit 5 Somerleys Business Centre
Unit Cl Regent Park
Unit E4 Regent Park Unit 7 Somerleys Business Centre
Unit C2 Regent Park McDonald Motors, Northmill Unit 8 Somerleys Business Centre
Princes Risborough Cricket Club, Horsenden Lane
The vehicular access was locked and the pedestrian access has been barred with a roll of chicken wire, padlocked in place. There was no other means of access. The consultation document was left attached to the chicken wire in the pedestrian entrance.
Risborough Rangers Football Club, Horsenden Lane