The Commons and Rights of Way Committee of Gloucestershire Council met on Monday 23 March 2026 to consider an application to add a public footpath and to discuss proposals for the increased use of officer delegated powers for certain committee functions. The meeting also included a report on delegated decisions made by officers.

Application to Add a Public Footpath at Wistley Hill

A significant item on the agenda was an application for a Definitive Map Modification Order to add a length of public footpath at Wistley Hill, Charlton Kings parish, between Footpath ACO 54 and the A435 road. The application, submitted by Liz Spencer, sought to re-open a route described as a Lost Way that was believed to have fallen into disuse due to the historical presence of the Seven Springs Rifle Range.

The report detailed extensive historical research into the area, including information on the Seven Springs Rifle Range, the custom of beating the bounds of the parish, and correspondence regarding the Cotswold Way National Trail. It also included details of land ownership and consulted with various stakeholders, including Charlton Kings Parish Council, Cheltenham Borough Council, and local county councillors.

The report presented user evidence from five individuals who claimed to have used the route. However, the analysis concluded that the user evidence was insufficient to raise a presumption of deemed dedication. Documentary evidence was also examined, with the report noting that the claimed route was not consistently shown on historical maps prior to 1824, with the exception of Greenwood's Map of Gloucestershire. The presence of the rifle range from 1862 to the late 1960s was also highlighted as a factor that may have discouraged public use.

Ultimately, the report recommended that the application to add the length of public footpath be refused due to insufficient evidence.

Review of Officer Delegated Powers

The committee was scheduled to consider a report advising on the current process, considerations, and implications for revising the use of Officer Delegated Powers for some committee functions. This followed a recommendation from the Gloucestershire Local Access Forum (GLAF) for delegated powers to be the default for determining Definitive Map Modification Orders (DMMOs), with controversial cases or those with many valid objections being referred to the committee.

The report outlined the current statutory decision-making processes for both the committee and officers under delegated powers. It detailed the existing Terms of Reference for the Definitive Map Modification Orders Internal Officer Panel and provided a summary of how other Order Making Authorities approach DMMO determinations. The report also included a summary of initial comments from committee members regarding the GLAF recommendation, highlighting concerns about transparency, public confidence, and the potential for predetermination if a call-in process were introduced.

Officers presented two options for consideration: Option 1, to make no change to the current Delegated Powers Terms of Reference, and Option 2, to make delegated powers the default for all determinations, with no opinion-based 'call in'. The report argued that the current approach provided consistency and robustness, while Option 2 aimed for greater efficiency and risk management.

Delegated Decisions

The committee was also asked to note a report detailing decisions made under delegated powers by the Highway Records team. This report covered decisions made between 21 February 2025 and 27 February 2026, relating to Definitive Map Modification Order applications and other highway records matters. The report listed specific applications and the intended effect of those applications, along with the delegated powers decision made and the date of the decision. These included decisions to refuse orders, process applications for stopping up highways, and agreements for creation orders for new footpaths.