The Commons and Rights of Way Committee are scheduled to meet to discuss an application to add a public footpath plus a spur footpath at Juniper Hill, Painswick Parish, and to note a report on delegated decisions. The committee will also answer questions from the public and members on applications and other matters within the committee's remit.

Juniper Hill Definitive Map Modification Order Application

The committee will consider an application for a Definitive Map Modification Order (DMMO) to add a public footpath and a spur footpath at Juniper Hill, Painswick Parish. The application, submitted by Ms L. Pugh on 21 November 2023, seeks to add a main route (A-D) and a spur route (B-E) to the definitive map and statement¹. According to the report pack, Ian Stevenson, Land Manager for Gloucestershire Wildlife Trust, initially responded to the application, stating that the trust objected to any changes on GWT land because the area in question is a Site of Special Scientific Interest (SSSI), 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 states that the Land Registry records that Frith Wood has been in the ownership of Gloucestershire Wildlife Trust (GWT ) 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. However, no such signs were evident on the photos taken by the applicant in October 2023.

The report pack also states that the land 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. An inspection on 29 November 2024 showed that the gate at point B was lying open, the barbed wire had been removed from the gate at point E and a stile (fencing rails, minus the stile step) was located at point C. New notices had been erected across the site, including the application routes, stating This is not a footpath .

The report includes a description of the application routes, noting that the main route (A-D) is just over 1km in length, with the first half passing through woodland and the second half crossing open fields. The spur route (B-E) crosses an open field.

The report pack also refers to Section 32 of the Highways Act 1980, which states that when determining whether a way has or has not been dedicated as a highway, any map, plan, history of the locality or other relevant document should be taken into consideration. The following documentary evidence is listed in the report pack:

• Ordnance Survey Maps
• Ordnance Survey 1811 2":1 mile Pen & Ink on Paper Drawing (Cheltenham OSD172)
• Ordnance Survey 1st edition 1":1 mile 1830
• 1824 Bryant & Greenwoods Maps
• Painswick Tithe Map 1839
• Ordnance Survey First, Second & Third Editions; 25"1 mile, Map sheet 41.12; published 1884 1902 & 1923
• National Archives - Inland Revenue, maps compiled under the Finance Act, 1910, based on Ordnance Survey 25": 1 mile, c.1902 edition, marked up by Inland Revenue c.1915, and reference books or files. Map sheet 41.12.
• County Surveyor: papers relating to survey of footpaths under National Parks and Access to Countryside Act, 1949 (NPACA 1949 ); Glos Archives.

The report pack states that the documentary evidence, alone, could not establish dedication of the main application route or its spur.

The report pack also states that a consultation was carried out on 5 June 2025, with landowners, organisations and user groups, including Mr Griffiths, Mr Ponting and Gloucestershire Wildlife Trust, 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 refers to Section 31(1) of the Highways Act 1980 (s31HA80 ), which states that where a way over any land has been actually enjoyed by the public 'as of right' without force, secrecy or permission, 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 the date when the public's entitlement to use the way was challenged. In this case, it is claimed that the gates were secured at points B & C in 2021, which is considered to have sufficiently challenged the public use of the application routes.

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 states that the analysis leaves 19 individuals claiming use of the application routes.

The report pack states that there is no evidence that use of the application routes was by force, secrecy or permission and no one was verbally or physically prevented from using the applications routes over the timeframe 2001-2021 leading up to the securing of the gates at points B and E, shortly before the transfer of land to Woodland Investments Management Ltd on 5 October 2021.

The report pack states that this application would therefore support a case for deemed dedication of the main route and the spur route as public footpath.

The report pack states that there has been no evidence provided of use being publicly challenged or of a lack of intention to dedicate the application routes prior to 2021.

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 detailing decisions made under delegated powers relating to Definitive Map Modification Order applications and Highway Records matters. The report covers the periods 21 February 2025 - 10 September 2025 and 11 September 2025 - 19 November 2025.

During the first period, a decision was made to process a Section 116 Highways Act 1980 application through to Magistrates' Court for the removal of public highway rights over a small strip across a frontage near Aubrey Mews in Stow-on-the-Wold, but the application was withdrawn due to issues with statutory apparatus. A DMMO determination was made to refuse further Order at Rooksmoor Mills, following a previous Section 25 Creation Agreement being confirmed. An agreement for a Section 26 Creation Order was made on the same alignment as a DMMO at Festival Road garage site, Stonehouse.

During the second period, a decision was made to refuse an Order for a BOAT² over Restricted Byway BDD16, Bridleway BAP20 and Class 5, Driffield & Ampney St Peter, due to Section 67(2) & (3) NERC 2006³, but to upgrade the Bridleway to Restricted Byway, and reflect public MPV over the affected Class 5 highway on the List of Streets. A decision was also made to refuse an Order for a Restricted Byway from BDD16 to County Boundary, Driffield due to lack of relevant evidence, but to make an Order for Public Footpath.