Consultation outcome

Summary of responses and government response

Updated 22 December 2020

Executive summary

Defra held a consultation on a proposal to designate an area of the River Wharfe in Ilkley as a bathing water under the Bathing Water Regulations 2013 (S.I. 2013/1675) (the ‘Regulations). The consultation ran from 7 August 2020 to 2 October 2020.

The objective of designating a beach or inland bathing area as a bathing water is to protect bathers’ health against faecal pollution. Water quality is monitored by the Environment Agency (EA) during the bathing season, which in England runs from 15 May to 30 September, and bathing waters are classified annually as excellent, good, sufficient or poor. If water quality does not meet the legally required standards, the EA will investigate the sources of pollution and recommend remedial measures to make improvements.

The consultation asked respondents whether they supported the proposal to designate a stretch of the River Wharfe in Ilkley as a bathing water and invited them to provide evidence if they wished to do so.

This was a national consultation, following a local consultation that was held by the Ilkley Clean River Group as part of the evidence gathering process for the application. This document summarises the responses to the national consultation.

Number of responses

In total 1,096 responses to the consultation were received. However, 23 of these responses were duplicated and have not been added to the total number of respondents. Therefore, 1,073 original responses have been considered.

1,046 private individuals and 27 organisations responded to the consultation. One organisation sent 7 separate responses from 5 individuals and those 5 respondents have been included in the total number. Organisations were predominantly local civic organisations, environmental non-governmental organisations and conservation organisations, and national bodies. A list of organisations who submitted a response is included in Annex A. The key arguments raised in organisational responses are included alongside individual responses.

Responses

The consultation asked respondents to answer “yes” or “no” to the question “Do you support the proposal to designate an area of the River Wharfe in Ilkley as a bathing water?”. Respondents were invited to provide evidence to support their answer if they wished to do so.

Of the 1,073 responses received, 998 supported designation as a bathing water and 75 were opposed.

Of the 23 duplicated responses, 21 were from respondents supporting designation and two opposing designation.

739 responses provided additional detail to support their answer. Of these, 675 supported designation and 64 opposed designation.

There was a widespread view among respondents that the River Wharfe is an asset to Ilkley, with many commenting on its popularity for swimming and paddling with local residents and visitors to the area. Around 380 respondents commented that they or their family swim in the river, or that they are aware of other people swimming there.

In addition, there was widespread concern about pollution in the river. Over 200 respondents commented on sewage discharges and their potential impact on bathers’ health and the environment. Several of the respondents who opposed designation emphasised that they wanted water quality in the river to be improved but did not consider that designation as a bathing water was the appropriate course of action. A few wrote that the area should not be designated as a bathing water because of the risks to bathers’ health from pollution. One respondent stated that the Regulations do not include any standards to protect bathers against the health risks from cryptosporidium or leptospirosis (Weil’s disease) or other natural hazards that may be present in river water.

Over half the respondents who did not support designation were concerned about the dangers caused by the rapidly rising river level of the Wharfe during heavy rainfall in the catchment area and the currents created by the contour of the riverbed in the area proposed to be designated as a bathing water. Some provided detailed information about serious incidents in recent years involving people swimming and paddling in the river. A few responses had strong concerns that designation as a bathing water would give a false impression that this area of the river is recommended as a safe place to swim.

Yorkshire Water, whilst supporting the application, noted that the physical dangers of bathing should be considered as important as water quality. They also highlighted the need for an integrated catchment approach to support working with a range of stakeholders to address sources of pollution affecting the River Wharfe. Some respondents in support of designation commented that designation would reduce the risks in the river and help to create an area for safe bathing. However, as detailed in the Government response below, this is not the case.

A small number of responses, both from those who opposed and supported designation, commented that there are few facilities for bathers by the river. Responses from both Ilkley Clean River Group and Ilkley Town Council stated that Bradford Council would be required to put a management plan in place for the riverside area, although, as noted in the Government response below, this is not the case. However, some individual respondents were concerned that the designation would create costs for the local authority in providing additional facilities.

Many responses that supported designation included comments about the possible positive effect of increasing visitor numbers to Ilkley and stated that designation would be good for the environment. This contrasted with a small number of responses that did not support designation, which referred to overcrowding on the riverbank during the summer and related antisocial behaviour. These respondents were concerned that designation would attract more visitors to the town and have a detrimental effect on the local environment.

Some respondents stated that the consultation was not simply a local issue, but part of a wider interest in improving water quality in all rivers, both for the benefit of the environment and so that more people can enjoy the health and recreational benefits of open water swimming. For example, Surfers Against Sewage referred to the increase in the popularity of sports such as stand-up paddle boarding and kayaking, although, as noted in the Government response below, bathing water monitoring is not directly relevant to watersport participants as they cover a greater distance in the water than bathers. A few responses stated that some other European countries have large numbers of bathing waters on rivers.

Livestock farming is an important activity in the local area and the response from the National Farmers Union, which opposed designation on behalf of its members, emphasised the importance of using evidence on the sources of pollution in the river. It referred to the fast responding nature of the catchment and emphasised that farmers may incur significant costs if required to install measures such as streamside fencing to reduce contamination from slurry and manure. If these costs are to be incurred the Union noted that more advice and financial support for water quality improvements should be available through government schemes.

Government response

The River Wharfe at Ilkley will be added to the list of designated bathing waters and monitored with effect from the 2021 bathing season.

The EA will prepare a bathing water profile and identify a sampling point based on where the greatest number of bathers go into the water. Monitoring will commence in May 2021.

During the bathing season, Bradford Council will be responsible for providing public information about water quality and potential pollution sources at the bathing water and for taking management measures, usually in the form of providing warning signage as advised by the EA, during pollution incidents. Defra will provide funding towards the cost of information signage. The Regulations do not impose any further requirements on local authorities for the management of bathing waters.

Defra takes the concerns that have been raised about physical safety very seriously. We acknowledge that any beach, lake or river is potentially hazardous for bathers. The Regulations, which set out the legal duties of the EA, Defra and local authorities, focus specifically on water quality. As at beaches and lakeside sites, the management of the physical risks in rivers is beyond the legal scope of the Regulations because they do not include any provision for physical safety. Bathing water monitoring measures the level of bacteria in the water but does not imply that the area is safer than any other water body. The objective of the Regulations is to protect bathers’ health by driving improvement to water quality. The EA investigates sources of pollution at bathing waters so that remedial measures can be put in place.

The Regulations apply to any surface water that is used by a large number of bathers in relation to the facilities that are provided at the site to promote bathing. A river area that is managed for bathing and where there is evidence of high numbers of bathers can therefore be considered for designation as a bathing water. However, bathing water monitoring assesses the water quality at that point only and does not provide information about any other area of the river. It should not be assumed that the designation of a bathing water on a river implies that water quality will be similar in other areas of the river, or that the river is “clean”.

We acknowledge that the Regulations do not set standards for naturally occurring organisms such as cryptosporidium or leptospirosis. Water quality is monitored for intestinal enterococci and E.coli, which are faecal indicator organisms showing whether pollution from sewage, livestock or urban sources such as misconnected drains is present in the water. The Regulations also include provisions for managing any proliferation of cyanobacteria (blue-green algae) by requiring local councils to inform the public about the health risk.

River water quality is complex and is assessed through the standards set by the Water Environment (Water Framework Directive) Regulations. Designation of an area of the river under the Bathing Water Regulations provides additional protection focused on human health.

As part of the designation process, we ask for evidence to confirm that the site is already a recognised bathing area that is managed to support and promote bathing. The guidance on designation asks for information about safety measures such as lifeguarding and first aid provision, and facilities including the provision of public toilets. There is no requirement for councils or commercial operators to have a formal management plan for a bathing water or for any additional facilities to be provided following designation. The River Wharfe application states that lifesaving equipment and public toilets are available nearby, and that the riverside site is close to amenities such as public transport, cafes and shops. Taking into account the level of usage for bathing and the facilities referred to in the application, the river area appears to meet the criteria set out in the guidance.

Currently there are 12 inland bathing waters designated in England, all of them on lakes. Defra reviews the list of designated bathing waters annually by writing to the Chief Executives of every local council in England and to other organisations, including tourism bodies and swimming organisations. We encourage applications from local councils, private operators and other organisations for beaches and inland bathing areas that meet the criteria set out in the guidance on designation. The focus is specifically on usage for bathing because the microbial standards set by the Regulations are designed to assess the water quality over a limited area that can be covered by swimmers and are less suitable to provide information on water quality over the distance covered by a kayak or other watercraft.

Annex A - list of responding organisations

This list of responding organisations is not exhaustive. Rather, it is based on those that declared their organisation. This may include responses from individuals who are members of specific organisations and therefore does not necessarily reflect that organisation’s views. This list also does not include those that asked their response to be kept confidential or those that did not include the name of the organisation.

Addingham Civic Society
Addingham Environmental Group
Consumer Council for Water
Containment News Water Pollution Newsletter
Evenlode Catchment Partnership
Fish Legal
Friends of Ilkley Lido
Friends of Ilkley Moor
Friends of Ilkley Riverside Parks
Ilkley Business Improvement District
Ilkley Civic Society
Ilkley Clean River Group
Ilkley Town Council
Ilkley U3A Environment Forum
Kassei Coffee
London Waterkeeper
National Farmers Union
North Hyde Park Neighbourhood Association
Otley Town Council
Salmon and Trout Conservation
Surfers Against Sewage
Trent Rivers Trust
Upper Thames Fisheries Consultative Committee
Wildlife Friendly Otley
Yorkshire Water