Consultation outcome

Summary of responses

Updated 3 May 2019

Background

The objective of the Bathing Water Regulations 2013 (S.I. 2013/1675) (“the Regulations”) is to protect bathing waters against pollution which affects bathing water quality and presents a risk to bathers’ health. Beaches and inland waters that attract a large number of bathers are designated as bathing waters, and during the bathing season, which in England runs from 15 May to 30 September each year, water quality at these sites is monitored by the Environment Agency (EA) for compliance with the water quality standards that are set out in Schedule 5 to the Regulations.

The Secretary of State designates sites as bathing waters under the Regulations where he expects a large number of people to bathe at the site, having regard in particular to past trends and any infrastructure or facilities provided, or other measures taken, to promote bathing.

Allonby South has been considered for de-designation as a bathing water because of the low level of usage for bathing. A survey carried out by Allerdale Borough Council during the 2017 bathing season counted a total of 42 people on the beach, but nobody was observed swimming or paddling. This supports previous evidence of low usage. A survey by the EA over 29 days during the 2014 bathing season counted one bather, four people paddling and two water sport participants. The EA has also provided figures from the observations of EA samplers, during 184 sampling visits over eight bathing seasons (from 2011 to 2018). A total of 11 bathers were observed during three visits in 2012, 2013 and 2015. The samplers did not see anyone in the water during 2011, 2014, and between 2016 and 2018.

There are no facilities at the beach to promote bathing. The car park and public toilets were damaged by flooding in 2009 and there are no plans to reinstate them.

Water quality at Allonby South was classified as Sufficient in 2015, 2016 and 2017 and as Poor in 2018. The EA carries out investigations and remedial work at bathing waters with a Poor classification and has identified a number of factors contributing to the classification, including: agricultural run-off from farms; discharges from water company storm overflows, privately owned sewage systems and misconnected home drains; and faecal pollution from animals, including dogs.

Analysis of responses

Defra held a national consultation between 17 January and 28 February 2019 on the proposal to remove Allonby South from the list of bathing waters.

There were 107 responses to the consultation. Eleven respondents supported the proposal and 96 were opposed to de-designation. Four responses that opposed de-designation appeared to refer to Allonby (not Allonby South), which is a separate bathing water for the purposes of the Regulations.

Usage for bathing

24 respondents commented that the beach is popular for water sports and referred to kite and wind surfing, kayaking, canoeing, sailing, paddle boarding and fishing. However, usage for water sport is not taken into account in decisions on designation and de-designation because the Regulations are focused only on waters used for bathing. Monitoring is carried out at a point at a bathing water where most bathers are expected but would not necessarily represent adjacent areas where other water sports are carried out. Of the 107 responses received, only 10 respondents stated they used the beach for bathing or paddling and 9 respondents said the beach was popular for dog walking, with one respondent walking their horse in the water.

Some respondents commented that the numbers of users would have been higher if a survey had been carried out during the hot summer of 2018. However, evidence of low usage is available between 2011 and 2018, including two surveys carried out in 2014 and 2017, and observations by EA monitoring staff who note the number of bathers on sampling visits during the bathing season each year. Some of the respondents did acknowledge that the number of beach users is low.

Five respondents commented on the length and nature of Allerdale Council’s survey of usage. There was an error in the consultation summary on Citizenspace, which stated that the Council’s survey in 2017 had been carried out over 29 days. It was in fact the EA’s survey in 2014 that took place over 29 days; the 2017 survey was carried out over 30 days and the consultation document showed a detailed breakdown of the dates and times when counts of bathers were taken. Defra’s guidance on applying for designation or de-designation requests a survey over 20 days, so the evidence provided by the Council exceeds the minimum requirement.

A number of respondents acknowledged that the level of usage is influenced by the absence of facilities at the beach due to flood damage in the car park and public toilets in 2009, and also due to local knowledge about water quality problems.

Water quality

Nearly half of the respondents expressed concern about water quality, with some asking questions about why there is a difference between water quality at Allonby and Allonby South, how Allonby South would be affected if it is no longer monitored and whether water quality in the wider environment of Allonby Bay and the Solway Firth could be affected.

Bathing water monitoring is designed to assess water quality based on a fixed sampling point, which is located where most bathers are expected to go into the water. This method provides data about bacteria in the water at a specific location and the overall water quality may vary between bathing waters that are relatively close together.

For example, Allonby was classified as Good in 2017 and 2018, although it is only three kilometres from Allonby South, which was classified as Sufficient in 2017 and Poor in 2018. Both bathing waters are affected by diffuse pollution from rivers and by water company discharges, but the sources are significantly different.

Bathing water quality at Allonby has improved significantly following work that was completed early in 2016 to reduce the number of discharges from the storm overflow at the Allonby Waste Water Treatment Works. However, the improvement work did not have the same effect on water quality at Allonby South.

With regards to how Allonby South would be affected if it is no longer monitored under the Regulations, as explained in the consultation document, other measures will continue to remain in place to protect water quality and the aquatic environment including: the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841); the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407); and the Marine Strategy Regulations 2010 (S.I. 2010/1627).

Some respondents expressed concern for the condition of the beach itself, if monitoring were to cease. Although EA monitoring staff carry out visual checks for waste that may pose a risk to bathers’ health, the Regulations are focused only on water quality and do not include any requirements for beach cleaning.

Final decision

Although there was a high number of responses to this consultation, no evidence was provided to contradict the existing evidence that the number of bathers at this site is low and it is expected that the future usage of the site for bathing will continue to be low. Accordingly, after considering the evidence Allonby South will be removed from the list of designated bathing waters before the start of the 2019 bathing season.

Annex A - list of respondents

Clean Rivers Trust

Cumbrian Regional Development Team of British Canoeing

Fix the Firth

National Farmers Union

Solway Kites and Windsurfers

West Cumbria Rivers Trust

100 private individuals

1 local sports organisation