The Commons and Rights of Way Committee are scheduled to meet on Tuesday 16 December 2025 to discuss a number of applications relating to public footpaths and bridleways in Gloucestershire. The committee will also note a report on delegated decisions and the Gloucestershire Local Access Forum Annual Report.

Application for a Definitive Map Modification Order at Juniper Hill, Painswick

The committee will consider an application for a Definitive Map Modification Order (DMMO) to add a public footpath plus spur footpath at Juniper Hill, Painswick Parish. The application, made by Ms L. Pugh on 21 November 2023, seeks to add a length of public footpath to the Definitive Map & Statement¹ between points A-D and B-E. The report pack states that Gloucestershire Wildlife Trust describe Frith Wood on their website as:

a wonderful ancient beech wood that straddles the ridge overlooking Painswick Valley and Slad Valley near Stroud

and the adjacent Juniper Hill fields as:

a significant wildflower meadow in the Cotswolds known for its rich biodiversity and views over the Painswick valley.

The report pack notes that Ian Stevenson, Land Manager for Gloucestershire Wildlife Trust responded to notification of the application by email on 30 November 2023, stating that the Trust objected to any changes on GWT land as the area in question is a Site of Special Scientific Interest², and as such, they would consider any formal upgrade to constitute an 'Operation Likely to Damage' the SSSI under SSSI legislation overseen by Natural England. The report pack notes that the Land Registry records that Frith Wood has been in the ownership of Gloucestershire Wildlife Trust since 1988. It is crossed by Public Bridleways MPA54 and MPA52 and Public Footpath MPA53 and several unrecorded routes. An inspection in January 2024 showed that the Trust had erected 'Permissive Bridleway' roundels at various locations across the wood, including one at point A along the main application route.

The report pack also notes that the land shaded blue on slide 4 of the report pack, was in the ownership of Mr Griffiths who erected gates circa 2005 at points B & E. It is claimed that following his death and shortly before its sale on 5 October 2021 to Woodland Investments Management Ltd, that these gates were secured. Upon transfer, Woodland Investments Management Ltd, created a new enclosed track, circa April 2023, along the alignment B-F. At the same time, the gate at point E was bound shut with barbed wire and 'Permissive Footpath' notices were erected at points F & C. This land was subsequently transferred to GWT on 4 November 2024.

The report pack states that an inspection of the application routes was carried out by the Case Officer on 21 October 2025. By this time, all of the land shaded yellow, and blue was in the ownership of GWT.

The report pack notes that under Section 32 of the Highways Act 1980, when determining whether a way has or has not been dedicated as a highway, the committee shall take into consideration any map, plan or history of the locality or other relevant document which is tendered in evidence.

The report pack also notes that the County Archivist has examined sources in the Gloucestershire County Record Office to see if this route is marked in any way and has identified other sources which might be useful in establishing the status of any right of way along this route. These sources have then been checked by the Asset Data Officer.

The report pack states that on 5 June 2025, a consultation was carried out with regard to this application. The following landowners, organisations and user groups were included, Mr Griffiths, Mr Ponting and Gloucestershire Wildlife Trust, in addition to the applicant, Painswick Parish Council, Stroud District Council, County Councillor Luff, The Ramblers Association, the Open Spaces Society, Natural England, and the Green Lane Association.

The report pack notes that Painswick Parish Council confirmed that the subject application was considered by the parish council during its meeting held on the 18th of June and it unanimously agreed its support.

The report pack also notes that following receipt of the consultation letter, a subsequent telephone conversation took place on Monday, 23rd June between Mrs Russell (DMMO Technician) and Grove Sykes (successor to Ian Stevenson) Land Manager for Gloucestershire Wildlife Trust. Mrs Russell summed up the conversation, stating that GWT would be open to the creation of a public footpath across their land subject to the spur route being moved to follow the field boundary (C-E) to avoid disturbance to wildlife in the field.

The report pack states that twenty-nine User Evidence Statements (UESs) completed by twenty-nine individual members of the public were submitted in support of these application routes.

The report pack notes that Section 31(1) of the Highways Act 1980 states that where a way over any land has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

The report pack states that the date of calling into question is simply the date when, as the result of some action, the public's entitlement to use the way was challenged. In respect of this application, N Browne (Witness 14) noted that a temporary fence was erected across the main application route, between points A and B circa 2018/19. J Herbert (Witness 5) clarified however that the temporary fence in woodland was taken down after a few days. In 2021 however, it is claimed that the gates were secured at points B & C. J Sproule (Witness 8) stated that the gates at points B & C were closed and removed in 2021. The gate at point B provides access to both the main application route and its spur. This is considered to have sufficiently challenged the public use of the application routes.

The report pack notes that for the purposes of this report, the user evidence for the application routes will be assessed over the 20-year period 2001-2021.

The report pack states that analysis of the 19 accepted UESs indicates that the application routes, as described and marked on the accompanying maps, have been used by members of the public, on foot and 'as of right' for over 20 years. Insufficient evidence has been provided of a challenge to public use or a lack of intention to dedicate the application routes prior to the securing of the gates at points B & E in 2021. It is submitted that the main application route and the spur route subsist and must now be protected by being recognised on the Definitive Map as a public footpath.

The presenting officer recommends that an Order be made to add a length of public footpath to the Definitive Map & Statement between points A-D & B-E.

Delegated Decisions

The committee is asked to note a report on decisions made under delegated powers in relation to Definitive Map Modification Order applications and Highway Records matters between 21 February 2025 and 19 November 2025. The report pack lists the following decisions:

• An application to stop-up part of the publicly maintainable highway near Aubrey Mews in Stow-on-the-Wold was withdrawn due to issues with statutory apparatus.
• A DMMO Determination to refuse further Order for Rooksmoor Mills following a previous S25 Creation Agreement being confirmed.
• An agreement for a S26 Creation Order on the same alignment as a DMMO for a Festival Road garage site, Stonehouse.
• A decision to refuse an Order for a BOAT³ over Restricted Byway BDD16, Bridleway BAP20, due to S67(2) & (3) NERC2006⁴, but to upgrade the Bridleway to Restricted Byway, and reflect public MPV over the affected Class 5 highway on the List of Streets for an application affecting existing BDD16, BAP20 and Class 5, Driffield & Ampney St Peter.
• A decision to refuse an Order for a Restricted Byway due to lack of relevant evidence, but to make an Order for Public Footpath for an application to add a Restricted Byway from BDD16 to County Boundary, Driffield.

Gloucestershire Local Access Forum - Annual Report 2024-2025

The committee will note the Gloucestershire Local Access Forum Annual Report 2024-2025. The clerk has advised the committee that there is a vacancy for a GCC representative to sit on the GLAF and any nominations should be submitted to Democratic Services.