The Commons and Rights of Way Committee were scheduled to meet on Tuesday 7 October 2025 in Gloucester. The meeting included discussion of two applications for Definitive Map Modification Orders (DMMO)¹ relating to public footpaths in Whitminster and Frampton on Severn, as well as the Gloucestershire Local Access Forum Annual Report 2024-2025. The committee was also scheduled to note a report on delegated decisions.

Applications for Definitive Map Modification Orders

The committee was scheduled to discuss two applications from Mrs S Devcich for Definitive Map Modification Orders relating to public footpaths in Whitminster and Frampton on Severn. A DMMO is a legal order to change the official record of public rights of way.

EWH29-EFS37-EWH21, Whitminster & Frampton on Severn Parishes

The first application concerned a request to upgrade a length of public footpath route, EWH29-EFS37-EWH21, to public bridleway. The applicant, Mrs S Devcich, submitted the application on 21 February 2022.

The report pack noted that the application route connects Whitminster Lane with School Lane. It was surveyed on 20 February 2025, and the report pack described it as commencing at its junction with Whitminster Lane in Whitminster Parish. A 'Public Footpath' signpost, a metal kissing gate with an adjacent unlocked heavy duty barrier, are located at this point. The application route proceeds as an unsurfaced track in a generally south south easterly direction for approximately 162 metres over Whitminster Bridge across the parish boundary into Frampton on Severn. The claimed route continues as Public Footpath EFS37 across a large, usually arable field, in a generally south easterly then southerly direction for a further 651 metres to its junction with Public Footpath EFS14/ EWH21. The unsurfaced application route then crosses the River Frome via the aqueduct back into Whitminster Parish where the route continues as Public Footpath EWH21 in a generally south easterly direction for approximately 288 metres. At Stonepitts Bridge, the route proceeds in a generally north easterly direction for a further 574metres to its junction with School Lane where a metal field gate, which the land manager for the landowner, advised, ...This was unlocked until November 2024 when a padlock was added . A stile is located adjacent to this gate along with a further signpost stating, 'Public Footpath'. No evidence of horse use was found, i.e., hoof prints or manure along the application route.

The applicant explained the reason for her application by email of 31 March 2022. She said;

It has been confirmed to me by the Canals Trust/Stroud District Council that they are buying a strip of land from Mr Goldingham to build a towpath. A diversion will then be applied for, to relocate footpath EFS37 (which crosses Mr Goldingham's land) to put this onto the towpath. Just so you are aware the Canals Trust will NOT at this point allow horse riders access along any of their towpaths. I am not sure if this will complicate my DMMO application process or not, so may I request this email be attached to the application I have submitted as a record? A screen grab of a map I was emailed is attached. The red shading is the proposed land purchase. The green line is footpath EFS37 that they plan to divert off Mr Goldingham's land and put onto the towpath.

The applicant also stated that *Granting this application would greatly benefit the riders of Nupend and Nastend as the only bridleway in the area which could be accessed without having to ride long the A417...If upgraded to bridleway status, I am sure that the local horse riders of Whitminster would make use of it regularly as it would provide a safe off-road route to the Frampton Court Estate Toll Ride and bridleway EWH4 .*

The report pack stated that Robert Hitchins Group responded to both applications under one letter, which included a series of aerial photographs covering the years 1999–2023, 2 witness statements, pertaining to each application from Mr Davies, Land Manager at Robert Hitchins Ltd and Mr Walters, Farm and Estate Manager at Boddington Estates (a sister company to Robert Hitchins Ltd), and a copy of a lease agreement (affecting application 247(1)). The objections pertaining to this application are as follows;

Upgrade objection (247(1)); user evidence (applicant did not supply any documentary evidence but the case officer has investigated various sources)

• 3/7 individuals have claimed less than 20 years so they should be disregarded.
• 2 individual deviated off the route
• 1 individuals used the route 'by right'
• Lack of use by sufficient numbers
• Use of gates evidencing a landowner's lack of intention to dedicate

The presenting officer recommended that no order be made for the application route A-D to be upgraded to public bridleway due to insufficient evidence.

EWH22, Whitminster Parish

The second application concerned a request to upgrade part of public footpath EWH22 to public bridleway, and the addition of an unrecorded length of public bridleway. The applicant, Mrs S Devcich, submitted the application on 31 March 2022, contending that available documentary evidence demonstrated that EWH22 was historically subject to public bridleway rights and should be amended on the DMS to reflect this status.

The report pack stated that the route commences at its junction with Whitminster Lane within Whitminster Parish. A double headed signpost is positioned on the opposite side of the highway, indicating the directions of Public Footpaths EWH22 & EWH1. From this point, the application route proceeds in a south easterly direction for approximately 128 metres along a gravel track that provides access to an adjacent barn. The route then continues as an unsurfaced grass/ earth track, running alongside ploughed fields for approx.672 metres, until it meets Public Bridleway EWH23. This bridleway is enclosed on each side by a dense hedgerow in which a gap is maintained for access. A stile step without the accompanying fence is located within the hedge on the far side, next to a double headed 'Public Footpath' signpost, indicating the route of EWH22 in both directions. An additional sign is attached to the post stating No through bridleway , advising equestrians that EWH23 is a cul-de-sac. From this point, the application route continues generally eastward for approximately 225 meters across a ploughed field. At this location, an impenetrable hedge illegally obstructs access to the last section of application route. Applying the 'right to deviate', whereby the public may lawfully bypass an obstruction on a highway, provided the deviation remains within the landowner's property, I walked a short distance along the hedgerow to join Public Footpath EWH21, then retraced my steps along the opposite side of the same hedgerow via Public Footpath EWH22, returning to the hedge on the far side of Point C. The application route continues diagonally across a ploughed field terminating at its junction with Public Footpath EWH21 and School Lane, where a locked field gate and adjacent stile are located. At the time of inspection, there was no evidence of horse use, i.e., hoof prints or manure.

The presenting officer recommended that no order be made to upgrade section A-C of Public Footpath EWH22 to public bridleway due to insufficient evidence of claimed status, and that no order be made to add section C-D due to insufficient evidence.

Gloucestershire Local Access Forum - Annual Report 2024- 2025

The committee was scheduled to note the Gloucestershire Local Access Forum (GLAF) Annual Report 2024-2025.

The GLAF was established by Gloucestershire County Council in 2003 and consists of members appointed by the County Council representing users of rights of way and accessland and also owners and occupiers of land crossed by rights of way. In addition, two councillors serve on the forum.

The report noted that the GLAF has been actively involved in the Connecting Parishes Project which has seen a further £163,000 invested in 17 schemes providing accessibility and connectivity improvements to paths in parishes close to the Air Balloon missing link scheme using National Highways designated funds.

The Forum remains concerned about the slow progress with the processing of Definitive Map Modification Orders, which can be made under the Wildlife and Countryside Act 1981. Over a long period time, the forum has made a series of suggestions to improve the speed of progress, including suggesting eficiency improvements to the investigation process and more recently at the February meeting, recommended that the Council follows the lead of other authorities by delegating more decision making to oficers.

Delegated Decisions

The committee was asked to note the reports on delegated decisions relating to Public Path Orders, and to Definitive Map Modification Order applications and Highway Records matters.