FOIA2021 Response All the Documented Information Held by Scarborough Borough Council That Specifically Relates to the Suggestio

FOIA2021 Response

All the documented information held by Scarborough Borough Council that specifically relates to the suggestion/proposal to designate Hunmanby Gap and Primrose Valley Beaches as 'bathing beaches' is copied in the attached document.

The Council holds no record of the number of bathers at Hunmanby Gap and Primrose Valley Beaches.

FOIA 2021, Freedom of Information Act 2000

Response sent 17 May 2012

This is an attachment to the covering letter:- Copied below is the information held by Scarborough Borough Council that specifically relates to the suggestion to consider Hunmanby Gap and Primrose Valley Beaches to be designated 'bathing beaches'.

Attempts have been made to list the information in chronological order (most recent first), however some strings of emails have been copied in entirety to shown the sequence of events and context so there are occasions where the separate entries appear to be out of chronological order. There are also some entries that are not in chronological order because it is more appropriate to keep them in context of the entry it follows e.g. the third and four entries below. Individual emails are not included when they form part of a string that is included in this list.

Where information appears in more than one string of emails, the duplication has been removed leaving the beginning of the duplicated information with the following words ‘As earlier - duplication deleted’

Personal contact addresses have been removed.

The following square dotted line indicates the start of a new email/email string or other piece of information.

From: Sent: 09 May 2012 12:20 To:

Subject: Designation of bathing waters - Hunmanby Gap and Primrose Valley

Hello This is the document explaining the process for designating new bathing waters. The main criterion is usage by a large number of bathers and we also take into account the facilities that are available, because provision of facilities such as public toilets, cafes, lifeguarding etc is evidence that bathing is supported and promoted at the site. I’ve also

attached an email from Mr , which I think you’ve already seen as it was copied to your Chief Executive. Are you planning to carry out any surveys at the beaches or consult on the application this year? If you don’t feel that they’re suitable for designation, we would need evidence to support a decision to decline the application. Please give me a call if you need any more information, Regards,

<> <> Defra - Bathing and Shellfish Waters Area 2A/B, Ergon House Horseferry Road London SW1P 2AL Email: Tel: 020 7238 5347 Department for Environment, Food and Rural Affairs (Defra)

Copy of letter of 30th March 2012 to Scarborough Council

Last year I formally asked if Scarborough Council could look at both these beaches to see if they could be designated bathing beaches, they have been well used for bathing for years. The Environment Agency has referred me back to your offices for more information on this matter. I'm organising a litter pick of the area on Thursday 5th April and it would be nice to update local residents.

I would be grateful if you can please update me on this request and send me through copies of minutes of any meetings your officers have attended since I put this request to you on the subject of designating these 2 beaches 'bathing beaches' I understand that your staff do attend meetings with other organisations and I would be interested to learn what has been discussed.

Regards

Extract from the Notes of the Senior Management Team, 2 April 2012 Minutes of the meeting on 5 March 2012. Matters arising:- Hunmanby Gap – **** advised that it had been decided not to proceed with this application

Extract from the Minutes of the Senior Management Team, 5 March 2012

7. Hunmanby Gap Beach - Proposal to Apply for Designation as a Monitored Beach

BB updated on position and other conflicting resource commitments.

Background note prepared for the SMT meeting on 5 March 2012

Designated Bathing Beach Status for Primrose Valley and Hunmanby Gap Beaches

Introduction In October 2011 former Councillor ****, Hertford Ward requested the commencement of consultation for securing designated bathing beach status for Hunmanby Gap and Primrose Valley beaches.

Background A definition of a designated bathing beach is “a bathing site that has been designated as bathing waters because it attracts large numbers of bathers”.

The Bathing Water Directive sets the microbial standards for water quality at the beaches and 20 weekly samples are taken during the summer season by the Environment Agency. The water quality results are announced annually and if the water does not meet the minimum standards set by the Directive, the Environment Agency investigates the sources of pollution and recommends remedial measures.

The Borough Council currently has 10 designated bathing beaches:- Staithes Runswick Bay Sandsend West Cliff, Whitby Robin Hood’s Bay Scarborough North Scarborough South Cayton Filey Reighton

All of the above apart from Staithes and Reighton also have various levels of infrastructure and services associated the beaches and have achieved either a Blue Flag or Quality Coast Beach Management Award.

Process for Achieving Designation SBC as the “bathing water controller” will be required to consult with local users, visitors, businesses community and environment groups and submit an application.

The main criterion for designation is bather numbers. DEFRA has not set a numerical figure as all bathing waters are different and one figure may not be suitable for all sites. Evidence is required of numbers of swimmers, people paddling at the water’s edge and people on the beach.

To obtain evidence of usage for bathing a minimum of 20 days of user surveys at times during the bathing season will be required when peak usage would be expected (weekends, bank holidays, May half term and school summer holiday period).

(See Appendix 1 for further information).

The Environment Agency has agreed to carry out a normal season of water samples to ensure the water quality is suitable and avoid any water quality issues in the future. The consultation, surveys of bather numbers and water sampling could be conducted during the 2012 season. If the results were appropriate an application could be submitted for the 2013 season.

Assessment Both Yorkshire Water and the Environment Agency support the request. However there are both negative and positive implications for SBC.

Positive Implications  An additional 2 designated beaches will improve the tourist profile of the coast.

 Any adverse publicity from the potential de-designation of Staithes beach or moving the water sampling point at Staithes could be countered with the new designated beaches at Primrose Valley and Hunmanby Gap.

Negative Implications  Manpower required to carry out the user surveys to establish usage figures.  Cost implications to SBC

Provision of signage and need to service the predictive signage to meet the new EU Bathing Water Directive.

Pressures to improve the infrastructure at the beaches and possibly apply for Beach Management Awards will result in Capital and Revenue costs eg potential improvement to access points, toilets, provision of litter/dog bins and emptying them etc.

The greatest benefits will be received by the Primrose Valley Caravan Park and café at Hunmanby Gap. Potential funding may be available from both to contribute to any SBC costs.

APPENDIX 1 Information from DEFRA website on Designation of Beaches:-

Applications for designation and de-designation of bathing waters Decision making process and evidence requirements Recommendations for designations and de-designations will be accepted at any time from anyone. The formal application should come from the local authority or landowner, for a new designation, or from the bathing water controller or other relevant body who exercises control over the bathing water in the absence of an identified controller in the case of a de-designation, or should be supported by them. All applications should include evidence of the criteria set out in the Annexes of this document. Applications must include evidence of consultation with bathing water users, local businesses, local environment and civic groups and local government bodies. Applications for de-designation on water quality grounds will not be granted. A full list of the evidence required for designation can be found in Annex A. A full list of the evidence required for de-designation can be found in Annex B.

Process and outline timescale 1. Application and evidence received by Defra and acknowledged.

2. Evidence will be assessed by Defra and, if it meets the requirements as set out in the Annexes, will be put on the Defra website. 3. If the evidence supplied does not meet the requirements, it will be returned and the application placed on hold. Applications where the controller appears to be taking action to deliberately reduce the numbers of bathers (excluding applications base d on safety grounds), will also be returned. We will write to the applicant to explain what information still needs to be supplied. 4. Complete applications and evidence will be put on the Defra website for a 6 week consultation period with national and regional stakeholders (see list in Annex C). In particular, Defra will consult the Environment Agency and the relevant water company for additional information about the beach or inland water concerned. 5. Final decision by Defra based on consultation and the evidence supplied will be made within 4 weeks of the end of the consultation. At any point in the process the applicant may be asked by Defra to provide additional information. In this situation the public consultation will be restarted when the evidence is received. Decisions can be appealed if more evidence is provided.

Roles and Responsibilities Anyone can recommend that a bathing water should be designated or de-designated; however the formal application should come from the bathing water controller, or be supported by them, as they will be responsible for meeting various requirements under the Directive.

The bathing water controller is defined in the Bathing Water Regulations 2008 (S.I. 2008/1097) as the person, or local authority, who has “control of the land immediately adjacent to the bathing water which is normally used to access the bathing water from the landward side and, where the bathing water is tidal, control of such land above the high water mark”.

For the majority of bathing waters this is the local authority. A smaller number are controlled by private landowners, businesses or charities. A very small number have no known controller and in these circumstances the local authority (at any level) may apply on behalf of the bathing water controller or appoint another body to do so. The main criterion for designation and de-designation is on bather numbers. We have not set a numerical figure on the numbers of bathers, as all bathing waters are different and one figure may not be suitable for all sites. We look for evidence of numbers of swimmers, people paddling at the water’s edge and people on the beach. We consider anybody swig miming or paddling in the water to be a bather. Defra is responsible for designation and de-designation in England and will base decisions on the evidence supplied in accordance with the set criteria for designation and de-designation. Where Defra considers that a designation or de-designation is required, it will approach the local authority, landowner or bathing water controller concerned in order to take their views into account. Defra will also contact all bathing water controllers annually to confirm the list of designated waters and ask for suggestions for new bathing waters.

Defra will make the names of any organisations, or person representing an organisation or group who recommend a designation o r de-designation, known in the applications process. We will protect personal information of members of the public who recommend a designation or de- designation.

Notification of Decision Defra will notify the applicant, relevant local authority and water company of the decision made on designation or de-designation, and the reasons why. A summary of the decision and reasons why will also be put on the Defra website.

ANNEX A – Evidence which must be supplied with all applications for designation 1. Evidence of usage for bathing · User survey at times during the bathing season (15 May – 30 September) when peak usage would be expected (weekends, bank holidays, May half term and school summer holiday period) · Surveys to be carried out at a time of day w hen high numbers of users would be expected (11am to 3pm). · Surveys should cover a minimum of 20 days including; 10 weekend or bank holiday days Half of all survey days to be in school holiday periods · Breakdown of numbers of swimmers, paddlers and other beach users. · Photographs or surveys to support historic trends for high level of users, if applicable

2. Information about the facilities available at the site, for example: · Access facilities · Public toilets · Changing facilities · Parking · Lifeguards · First aid service · Kiosks and shops It is not compulsory for these facilities to be provided, but their presence provides evidence that there is infrastructure to support and promote bathing.

3. Evidence of local consultation during the bathing season and its outcomes, including but not limited to the following groups; a. Bathers b. Other beach users c. Owners of beach huts or other beach facilities d. Owners and operators of on-beach and beachside businesses, in particular cafes and shops e. Residents of nearest urban area to the bathing water (closest town or village) f. Local environmental and civic groups g. Local chamber of commerce h. Neighbourhood and Community representative groups i. Parish and Town Councils (where they are not the controller) j. Local tourist office or other local tourism body k. Local regeneration office or other local regeneration body l. County, Borough, District or Unitary Authority (where they are not the controller)

ANNEX B – Evidence which must be supplied with all applications for de-designation 1. Evidence of low usage /no users · User survey during times during the bathing season when peak usage would be expected (weekends, bank holidays, May half term and school summer holiday period) · Surveys to be carried out at a time of day when high numbers of users would be expected (11am to 3pm). · Surveys should cover a minimum of 20 days including; i. 10 weekend or bank holiday days

ii. Half of all survey days to be in holiday periods · Breakdown of numbers of swimmers, paddlers and other beach users · Photographs or surveys to support historic trends for low level of users if applicable

2. Evidence of no or recent withdrawal of facilities to support or promote bathing (such as lifeguards, beach huts, showers and changing facilities) · Reasons why no facilities have ever existed and any relevant supporting evidence · Where facilities have been recently removed; a letter setting out reasons for the withdrawal of service. (Please see point 3 of the process guidelines on page 1)

3. Evidence of local consultation during the bathing season and its outcomes, including but not limited to the following groups; · Bathers Other beach users · Owners of beach huts or other beach facilities · Owners and operators of on-beach and beachside businesses, in particular cafes and shops · Residents of nearest urban area to the bathing water (closest town or village) · Local environmental and civic groups · Local chamber of commerce · Neighbourhood and community representative groups · Parish and Town Councils (where they are not the controller) · Local tourist office or other local tourism body · Local regeneration office or other local regeneration body · County, Borough, District or Unitary Authority (where they are not the controller)

Consultations must make clear that the bathing water would no longer be sampled, the bathing water may lose existing high levels of protection and no future improvement s would be made.

We recommend that notices of intent to de-designate the bathing water are put up at the bathing water and other community notice boards during the bathing season with contact details for those who wish to comment. All responses should be logged and evidence should set out to show if there is local support for de-designation or not.

ANNEX C - National and Regional stakeholders Surfers Against Sewage Marine Conservation Society Appropriate Water Company Water UK UK Beach Managers Forum British Resorts and Destinations Association (BRADA) Consumer Council for Water The Environment Agency Department for Culture Media and Sport Visit England National Farmers Union Country Land and Business Association River and Lake Swimming Association Outdoor Swimming Society British Long Distance Swimming Association

From:

Sent: 11 December 2011 17:31

To: Subject: RE: Hunmanby Gap / Primrose Valley beaches

I don't really want to ask under the FOI but can you send through minutes of the Water Quality Group please and update me on what happened at Senior Management Team. The minutes are rather brief. ****, thank you for highlighting these minutes.

Regards

From: Sent: Thursday, December 08, 2011 11:43 AM

To: Cc: Subject: Hunmanby Gap / Primrose Valley beaches

I forwarded your request to **** who is now the Council contact in respect of the Revised Bathing Water Directive. Since then, I have discovered that the issue of the designation of Hunmanby Gap and Primrose Valley beaches was discussed at the meeting of the Senior Management Team on 17 October (notes attached - Item 9)

Regards

From:

Sent: 01 December 2011 08:45

To:

Subject: RE: Dog Control Orders - consultation

Thank you for the information.

If you could please chase up the internal meeting minutes that took place where the Hunmanby Gap/Primrose Valley Bathing Beach suggestion was discussed I'd be grateful

If you could please forward to Parish Councillors, it will be of interest, it also shows that while a dog restriction is put on Filey Beach (Bathing Beach) no such restriction is put in place at Reighton (Bathing Beach) This was question raised a last months Parish Meeting. I did not know the answer to if dogs are allowed on bathing beaches, so wrote to the Government Office and forwarded their reply to say bathing beaches do not have to have dog restrictions.

With regards to consultation on making Primrose Valley and Hunmanby Gap bathing beaches.

Scarborough Council have flagged up there will be possible cost implications to them if both the above are made bathing beaches possible cost implications to the Borough being: greater efforts would have to be made to look after these well used areas, i.e. litter collection, joint working on discharges into the sea, litter bins, action on vehicles driving onto the beach, dog waste bin provision, notice board information, and the long term future of Hunmanby Gap Toilets.

I have requested minutes a couple of weeks ago of an internal Council Officer Group who have discussed the issue and when these are sent to me I will forward them to the Parish Council.

At the Parish meetings over the years there have been concerns over discharges from the pipe at Hunmanby Gap. Designated a bathing beach more resources would be made available to identify the source and take appropriate action to reduce these types of problems. As well as vehicles on the beach, which I have reported to the relevant authorities. Hunmanby Gap residents have requested help with planters to stop verge parking, and have had to make do with old tyres, the bench is dilapidated, there has been progress eventually on an extra litter bin, and it took many letters. The Toilets the last in Hertford Ward, provided by the Borough Council are only open because the Hunmanby Gap Cafe, open, shut, clean, maintain and supplies toilet supplies to them. Hunmanby Gap is now on the National Cycle Trail The Wolds Cycle Way, it so impressed the designers of the route that they were keen to divert down the beach with the cycle route off the old Coast Road, because of its location and facilities.

Regards

From:

Sent: 04 November 2011 16:22

To:

Cc:

Subject: FW: Designated bathing beaches

**** sent the email below to me on Monday 24 October; the first day of my week long annual leave period. It does not provide the information you specifically requested in one of your emails i.e. details of the partnership and minutes of the last meeting but it does provide an update, which may be of use.

My response to his email was: - " ****. Could you liaise with **** on this. If we do designate the beaches we should do the busiest section of Reighton Sands so we will need to assess all areas to determine the popular sports."

Once we have identified the busiest areas we intend to look at the most efficient ways of monitoring bathing load during the 2012 season. This is a pre-requisite to applying to have a beach designated as a bathing beach.

From:

Sent: 24 October 2011 11:04

To:

Cc: Subject: RE: Designated bathing beaches

The water quality group met on the 21.10.11, the next meeting will be late January 2012. I raised the issue with the group, who in principle have no objection. However the EA/YW did feel that "Reighton Sands" was possibly too large an area to be designated as a single bathing beach and could need splitting into two separate bathing beaches. If this idea is going forward and ideally before any application is made, I suggest we provide a plan that describes the geographical area under consideration to obtain some pre application advice. Do you have a plan of the area under consideration, if so I can forward it for comment?

From:

Sent: 19 October 2011 09:39

To:

Cc: Subject: FW: Designated bathing beaches

Importance: High

Please see the emails below. This was discussed at SMT. Would you take this to the Bathing Water Partnership Group and obtain views as to Cllr **** proposal. Please keep me informed of progress.

When is the next meeting of the Bathing Water Partnership? Thanks.

From:

Sent: 11 October 2011 16:19

To:

Cc: Subject: FW: Designated bathing beaches

I have informed **** that we need to consider all the implications of this before speaking to the radio.

If we proceed with the request there are cost implications to SBC, including the signage and need to service the predictive signage in relation to the new bathing water quality directive. There would also be additional costs involved in subsequent provision of litter bins, emptying them etc. that Cllr **** is suggesting as well as investment in the Hunmanby Gap toilets.

It may be useful to get the informal views of the Bathing Water Partnership in case there is something that may stop it in its tracks.

If it was decided to pursue this, then an assessment of the number of bathers would need to be conducted during the summer of 2012 as a pre-requisite to submitting an application (See Annex A below).

Do you wish to include this on the SMT agenda?

From:

Sent: 11 October 2011 14:21

To:

Subject: FW: Designated bathing beaches

Hello - for info, copy of letter sent to ****, **** are asking to interview someone about this ASAP please.

Communications and Marketing Assistant, Communications, Scarborough Borough Council www.scarborough.gov.uk

Office: Town Hall, St Nicholas Street, Scarborough, North Yorkshire. YO11 2HG Business hours: 8.30am to 5.00pm, Monday to Friday, excluding Bank Holiday

From:

Sent: 11 October 2011 12:39

To: Subject: FW: Designated bathing beaches

From: Sent: 11 October 2011 09:41

To: Subject: Designated bathing beaches

Copy of a letter I have sent to the Chief Executive formally asking to start a consultation process on designating Hunmanby Gap and Primrose Valley designated bathing beaches.

I have also formally written to DEFRA recommending that these two beaches are considered for designation.

By doing this the process will now start on seeking views on if these 2 beaches should be designated bathing beaches. It has surprised me that they have not been considered in the past, with the number of bathers who use these 2 be aches?

Regards

Bathing water beaches, Yorkshire Coast; Formal request to start a consultation on designating Hunmanby Gap and Primrose Valey beaches ‘designated bathing beaches.’

Dear *** I serve as an elected Councillor for Hertford Ward and serve on the Environment and Economy Scrutiny Committee, at last months meeting I asked a question about why Filey and Reighton are designated bathing beaches but Hunmanby Gap and Primrose Valley are not. I was referred to the Environment Agency, who have given me advice along with Surfers Against Sewage that Scarborough Borough Council would be the formal organisation to submit an application and to consult with local users, visitors, the businesses community and environment groups. I note that West Dorset Council have just finished their consultation into designating East Beach at Westport. Last year only one extra beach in the whole country was newly designated a ‘bathing beach’ Humberstone Fitties in Lincolnshire, the year before this just two, East Runton (Norfolk) and Minster Leas (Kent). Getting 2 more beaches designation on the Yorkshire Coast, in the Scarborough Borough would surely help tourism and attract investment to ensure high water quality.

My suggestion comes as I questioned why Staithes is a bathing beach but Hunmanby Gap and Primrose Valley never have been. It is very strange that they have not be considered, with the number of bathers that use these two beaches in the Hertford Ward and the designation process being started in 1976 with both Primrose Valley and Butlins Holiday Sites being in existence? I understand from talking to DEFRA, the reason is no- one has asked, so can we start a formal consultation please?

The Government’s website DEFRA states ‘The main criterion for designation and de-designation is on bather numbers. We have not set a numerical figure on the numbers of bathers, as all bathing waters are different and one figure may not be suitable for all sites. We look for evidence of numbers of swimmers, people paddling at the water’s edge and people on the beach. We consider anybody swimming or paddling in the water to be a bather.

I have helped with rubbish clean ups on the beach, I believe that by being designated a bathing beach it will help encourage Scarborough Council to put in litter bins, dog waste bags and promote tidy local beaches, it will add to the case for investment in Hunmanby Gap toilets. It will also help to address issues of discharge into the sea from the local water system. It would also help attract tourism to our area increasing the number of bathing beaches from 10 to 12 that lie in Scarborough Borough.

Yours sincerely

Councillor **** holds a weekly ‘pop in’ surgery. Every Tuesday, between 1.30and 2.30pm, Councillor **** will be holding a weekly ‘pop in’ surgery at the Library on Stonegate, Hunmanby. He will be available to listen to residents concerns and ideas.

Information below on how to designate a beach from the Governments DEFRA website. Applications for designation and de-designation of bathing waters Decision making process and evidence requirements Recommendations for designations and de-designations will be accepted at any time from anyone. The formal application should come from the local authority or landowner, for a new designation, or from the bathing water controller or other relevant body who exercises control over the bathing water in the absence of an identified controller in the case of a dedesignation, or should be supported by them. All applications should include evidence of the criteria set out in the Annexes of this document. Applications must include evidence of consultation with bathing water users, local businesses, local environment and civic groups and local government bodies. Applications for de-designation on water quality grounds will not be granted. A full list of the evidence required for designation can be found in Annex A. A full list of the evidence required for de-designation can be found in Annex B. Process and outline timescale 1. Application and evidence received by Defra and acknowledged. 2. Evidence will be assessed by Defra and, if it meets the requirements as set out in the Annexes, will be put on the Defra website.

3. If the evidence supplied does not meet the requirements, it will be returned and the application placed on hold. Applications where the controller appears to be taking action to deliberately reduce the numbers of bathers (excluding applications based on safety grounds), will also be returned. We will write to the applicant to explain what information still needs to be supplied. 4. Complete applications and evidence will be put on the Defra website for a 6 week consultation period with national and regional stakeholders (see list in Annex C). In particular, Defra will consult the Environment Agency and the relevant water company for additional information about the beach or inland water concerned. 5. Final decision by Defra based on consultation and the evidence supplied will be made within 4 weeks of the end of the consultation. At any point in the process the applicant may be asked by Defra to provide additional information. In this situation the public consultation will be restarted when the evidence is received. Decisions can be appealed if more evidence is provided. Roles and Responsibilities Anyone can recommend that a bathing water should be designated or de-designated; however the formal application should come from the bathing water controller, or be supported by them, as they will be responsible for meeting various requirements under the Directive. Application for designation and de-designation of bathing waters - decision making process - June 2011 Page 1 of 6 The bathing water controller is defined in the Bathing Water Regulations 2008 (S.I. 2008/1097) as the person, or local authority, who has “control of the land immediately adjacent to the bathing water which is normally used to access the bathing water from the landward side and, where the bathing water is tidal, control of such land above the high water mark”. For the majority of bathing waters this is the local authority. A smaller number are controlled by private landowners, businesses or charities. A very small number have no known controller and in these circumstances the local authority (at any level) may apply on behalf of the bathing water controller or appoint another body to do so. The main criterion for designation and de-designation is on bather numbers. We have not set a numerical figure on the numbers of bathers, as all bathing waters are different and one figure may not be suitable for all sites. We look for evidence of numbers of swimmers, people paddling at the water’s edge and people on the beach. We consider anybody swimming or paddling in the water to be a bather. Defra is responsible for designation and de-designation in England and will base decisions on the evidence supplied in accordance with the set criteria for designation and de-designation. Where Defra considers that a designation or de-designation is required, it will approach the local authority, landowner or bathing water controller concerned in order to take their views into account. Defra will also contact all bathing water controllers annually to confirm the list of designated waters and ask for suggestions for new bathing waters. Defra will make the names of any organisations, or person representing an organisation or group who recommend a designation or de-designation, known in the applications process. We will protect personal information of members of the public who recommend a designation or de-designation. Notification of Decision Defra will notify the applicant, relevant local authority and water company of the decision made on designation or de-designation, and the reasons why. A summary of the decision and reasons why will also be put on the Defra website.

If an application to de-designate a site is accepted, the applicant should communicate this as widely as possible to inform users. This could be done via local newspapers, newsletters, notice boards as well as information at the bathing water. If an application to designate a site is accepted, Defra will inform the Environment Agency who will develop a bathing water profile for the site and take forward the plans to monitor and protect the bathing water. Defra sends a list of all designated bathing waters to the European Commission in early May every year. In order to produce all the required profiles and plans, new designations made after January each year will be included in the following year’s list. Contact Defra Water Quality – Bathing water team [email protected] Tel – 020 7238 5347 Application for designation and de-designation of bathing waters - decision making process - June 2011 Page 2 of 6 ANNEX A – Evidence which must be supplied with all applications for designation 1. Evidence of usage for bathing User survey at times during the bathing season (15 May – 30 September) when peak usage would be expected (weekends, bank holidays, May half term and school summer holiday period) Surveys to be carried out at a time of day when high numbers of users would be expected (11am to 3pm). Surveys should cover a minimum of 20 days including; o 10 weekend or bank holiday days o Half of all survey days to be in school holiday periods Breakdown of numbers of swimmers, paddlers and other beach users. Photographs or surveys to support historic trends for high level of users, if applicable AND 2. Information about the facilities available at the site, for example: Access facilities Public toilets Changing facilities Parking Lifeguards First aid service Kiosks and shops It is not compulsory for these facilities to be provided, but their presence provides evidence that there is infrastructure to support and promote bathing. AND 3. Evidence of local consultation during the bathing season and its outcomes, including but not limited to the following groups; a. Bathers b. Other beach users c. Owners of beach huts or other beach facilities d. Owners and operators of on-beach and beachside businesses, in particular cafes and shops e. Residents of nearest urban area to the bathing water (closest town or village) f. Local environmental and civic groups g. Local chamber of commerce

h. Neighbourhood and Community representative groups i. Parish and Town Councils (where they are not the controller) j. Local tourist office or other local tourism body k. Local regeneration office or other local regeneration body l. County, Borough, District or Unitary Authority (where they are not the controller) 4. Please state whether you are the owner or leaseholder of the site and if not, please indicate who is the local authority or private landowner and whether the application has their support. Application for designation and de-designation of bathing waters - decision making process - June 2011 Page 3 of 6 ANNEX B – Evidence which must be supplied with all applications for de-designation 1. Evidence of low usage /no users User survey during times during the bathing season when peak usage would be expected (weekends, bank holidays, May half term and school summer holiday period) Surveys to be carried out at a time of day when high numbers of users would be expected (11am to 3pm). Surveys should cover a minimum of 20 days including; i. 10 weekend or bank holiday days ii. Half of all survey days to be in holiday periods Breakdown of numbers of swimmers, paddlers and other beach users Photographs or surveys to support historic trends for low level of users if applicable AND 2. Evidence of no or recent withdrawal of facilities to support or promote bathing (such as lifeguards, beach huts, showers and changing facilities) Reasons why no facilities have ever existed and any relevant supporting evidence Where facilities have been recently removed; a letter setting out reasons for the withdrawal of service. (Please see point 3 of the process guidelines on page 1) AND 3. Evidence of local consultation during the bathing season and its outcomes, including but not limited to the following groups; Bathers Other beach users Owners of beach huts or other beach facilities Owners and operators of on-beach and beachside businesses, in particular cafes and shops Residents of nearest urban area to the bathing water (closest town or village) Local environmental and civic groups Local chamber of commerce Neighbourhood and community representative groups Parish and Town Councils (where they are not the controller) Local tourist office or other local tourism body Local regeneration office or other local regeneration body County, Borough, District or Unitary Authority (where they are not the controller) Consultations must make clear that the bathing water would no longer be sampled, the bathing water may lose existing high levels of protection and no future improvements would be made. We recommend that notices of intent to de-designate the bathing water are put up at the bathing water and other community notice boards during the bathing season with contact details for those who wish to comment. All responses should be logged and evidence should set out to show if there is local support for de-designation or not.

Application for designation and de-designation of bathing waters - decision making process - June 2011 Page 4 of 6 In the event of applications based on a local ban on bathing we will also require Reason for ban Evidence of ban in local law or operating protocol Evidence on how ban is communicated and enforced Application for designation and de-designation of bathing waters - decision making process - June 2011 Page 5 of 6 ANNEX C - National and Regional stakeholders Surfers Against Sewage Marine Conservation Society Appropriate Water Company Water UK UK Beach Managers Forum British Resorts and Destinations Association (BRADA) Consumer Council for Water The Environment Agency Department for Culture Media and Sport Visit England National Farmers Union Country Land and Business Association River and Lake Swimming Association Outdoor Swimming Society British Long Distance Swimming Association Bathing Water Team Defra June 2011 Application for

From: Sent: 04 November 2011 15:53 To: Subject: FW: Pipe at Hunmanby Beach plus suggested designation a bathing beach

Did you respond to Cllr ****?

-----Original Message----- From: Cllr Sent: 03 November 2011 14:37 To: Cc: Subject: RE: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

I have not received a reply I'd be grateful if this can be chased up please

Regards

______From: Sent: Thursday, October 20, 2011 12:09 PM To: Cc: Subject: FW: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

Please see the email below. Would you please respond direct to Cllr **** with a copy to me please. Thanks.

-----Original Message----- From: Cllr Sent: 20 October 2011 08:32 To: Subject: RE: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

I've had a look on the website but could find no reference to minutes or the name of this group.

Could you please send me through a copy of the last set of minutes for this oganisation please.

Regards

Green Party Councillor Hertford Ward ______From: Sent: Wednesday, October 19, 2011 9:44 AM To: Cllr. Cc: Subject: FW: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

Councillor I have asked **** the Principal Coastal Officer to table your proposal at the next meeting of the Bathing Water Partnership to obtain the views of the partner organisations. I will keep you updated on progress.

Head of Tourism and Culture Services

-----Original Message----- From:

Sent: 19 October 2011 09:09 To: Cllr Cc: Subject: RE: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

I have asked my PA, **** to arrange for us to meet to discuss your issues re communications. In the meantime **** is investigating the bathing water issues and will be in touch with you shortly.

-----Original Message----- From: Cllr. Sent: 19 October 2011 06:18 To: Cc: Subject: RE: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

Thank you for replying, the answer to the question is no. It's like being a mushroom here in Hertford Ward, as an elected councillor there to serve people, much of the time you are kept in the dark. What makes it worse is the number of unanswered letters.

I've dropped a line through to our Chief Executive to see if he can improve communication systems to elected councillors.

I have raised the issue with him over the failure to answer letters, it would be helpful if elected members can be circulated with information in advance of works, especially when they have asked to be informed.

To me I can see nothing has been learnt from the problems with the cable worksand lack of consultation/communition with the community which caused problems last time at Hunmanby Gap.

****, Can we see if communication to elected members can be improved please.

I have written before (no reply) asking to be informed of works being carried out in Hertford ward, by 'the council' .

The second concern is there is a still great number of letters I have sent to Scarborough Council to which no reply has been forthcoming.

Regards Green Party Councillor Hertford Ward

______From: Sent: Friday, October 14, 2011 3:50 PM To: Cllr Cc: Subject: Re: Fwd: Pipe at Hunmanby Beach plus suggested designation a bathing beach

Dear Cllr.

As you may now be aware the works to the surface water outfall started on site on Wednesday of this week and will be completed early next week.

Regards

Project Manager Area 3 Whitby

>>> Area3 Whitby 11/10/2011 11:46 >>>

11667 >>> Cllr. 11/10/2011 09:58 >>>

**** Your e mail advised that work on the Hunmanby Gap pipe would start this summer. Could you please give an update on the situation.

I have noticed in my 2 years as a councillor that Hunmanby Gap/Primrose Valley when it comes to care of the beach, does not appear to be as high a priority as it should perhaps be, perhaps if these beaches are designated 'bathing beaches' it may help. I have written to Scarborough Chief executive and DEFRA to suggest that a consultation takes place on looking a designating these two local beaches. I have enclosed a copy of my letter.

Regards Green Party Councillor Hertford Ward

Hertford Ward – ScarboroughBorough Council Email:

10.10.2011 Chief Executive As earlier – duplication deleted

From: Sent: 24 October 2011 11:34

To:

Subject: RE: Designated bathing beaches

Hi Do you have a plan of the prospective bathing beach at Reighton Sands?

From:

Sent: 24 October 2011 11:29

To:

Cc: Subject: Re: Designated bathing beaches

Could you liaise with **** on this. If we do designate the beaches we should do the busiest section of Reighton Sands so we will need to assess all areas to determine the popular sports.

From:

Sent: Monday, October 24, 2011 11:04 AM

To: Cc:

Subject: RE: Designated bathing beaches

As earlier – duplication deleted

Extract from the Notes of the Senior Management Team 17 October 2011

9. Request to consider Designation of Hunmanby Gap and Primrose Valley Designated Bathing Beaches An assessment for the number of bathers here and at Staithes to be undertaken next season

Also see attachment below from Defra

Dear ,

Thank you for your email. We review the list of bathing waters every year so we’ll consider Hunmanby Gap and Primrose Valley for the 2013 list, as evidence will need to be compiled during the 2012 bathing season. I’ll keep your application on file and contact Scarborough Borough Council when we begin next year’s review.

Kind regards,

Bathing and Shellfish Waters Department for Environment, Food and Rural Affairs Area 2A/B, Ergon House Horseferry Road London SW1P 2AL Email: Tel: 020 7238 5347

From: Sent: 11 October 2011 09:00

To: Cc: Subject: Request to consider designation of Hunmanby Gap and Primrose Valley designated bathing beaches

Thank you for your help. I have copied a letter I sent yesterday to Scarborough Council Chief Executive to formally request a consultation. I have also sent a copy to the local Parish Councils and the residents association at Hunmanby Gap.

If this could be recorded as a request to consider these beaches for designation with DEFRA I would be grateful.

****, (Chief Executive) Could this process be started now, or would it need to be put on the Cabinet or Full Council Agenda? A consultation would need to take place over 2012, so that results can be fed back formally to DEFRA in the Autumn of 2012, looking to an outcome for the season of 2013

Regards

Green Party Councillor Hertford Ward

Hertford Ward – Scarborough Borough Council Email: 10.10.2011 Chief Executive As earlier - duplication deleted

From:

Sent: 14 October 2011 10:12

To: Subject: FW: Request to consider Hunmanby Gap and Primrose Valley as designated bathing beaches

Dear all See below for communication from DEFRA to ****re Cllr **** efforts to get Hunmanby Gap and Primrose Valley listed as designated beaches

****, **** and I attended a European Bathing Water Directive meeting yesterday and spoke to ****, Environment Agency and ****, Yorkshire Water.

Both were aware of the request and thought it was a good idea. Few points to note from discussion that may not have been already raised-

1. If Staithes is lost as a designated beach adding Hunmanby Gap and Primrose Valley as designated beaches could be viewed as positive and proactive to negate some of the likely negative responses to Staithes.

2. Reighton has good water quality results. Filey bay has had some blips but generally has good results. With Hunmanby Gap and Primrose Valley in between Filey and Reighton it is assumed there is not be a problem with water quality. The small water course that enters the beach at Hunmanby Gap is the only variable factor we are aware of. However both YW and EA would like a season of water samples to confirm water quality. It would be embarrassing to apply for designation if the water quality is poor. The season of sampling would coincide with the season required to carry out the consultation, surveys on bathing numbers etc.

3. SBC will be required to conduct the consultation with beach users and carry out the surveys of bathing numbers to support the application. Resource implication.

4. It is thought that most of the beach users at Primrose Valley come from Primrose Valley Caravan Park and therefore the caravan park will benefit from the designation. The caravan park could be approached to assist with funding any costs associated with designation?

From: Sent: 13 October 2011 09:07

Subject: FW: Request to consider designation of Hunmanby Gap and Primrose Valley designated bathing beaches

For your info.

Cheers………

From: Sent: 12 October 2011 16:06

To: Subject: FW: Request to consider designation of Hunmanby Gap and Primrose Valley designated bathing beaches

Dear,

For information, I attach an application received from Cllr ****, following an enquiry about the process for designation of new bathing waters. I’ll keep the application on file until we begin the 2012 review of the list of bathing waters and will contact you again early next year to discuss it.

Kind regards,

Bathing and Shellfish Waters Department for Environment, Food and Rural Affairs Area 2A/B, Ergon House Horseferry Road London SW1P 2AL Email: Tel: 020 7238 5347

From: Sent: 11 October 2011 09:00

To: Cc: Subject: Request to consider designation of Hunmanby Gap and Primrose Valley designated bathing beaches As earlier - duplication deleted

I asked the question with regards to dogs on bathing beaches,

I have received the folowing reply

Regards

Dear Cllr ****,

Thank you for your email of 28 October about dog restrictions at bathing waters. There is no requirement in the Bathing Water Directive (76/160/EEC) or the revised Directive (2006/7/EC) for dogs to be excluded from bathing waters, and whether to introduce a dog ban would be a decision for a local authority or private landowner.

One of the methods used by the Environment Agency to investigate sources of pollution at bathing waters which have failed to meet mandatory water quality standards is Microbial Source Tracking, a technique which uses DNA markers to identify sources of bacterial pollution to determine whether it is derived from sewage, agricultural diffuse pollution (including livestock) or other sources, such as birds or dogs. There is evidence that faeces from dogs or other animals on beaches can contribute to water pollution and adversely affect bathing water quality.

The list of designated bathing waters is reviewed annually and the applications for Hunmanby Gap and Primrose Valley to be designated will be included in next year’s review.

Yours sincerely,

Defra - Bathing and Shellfish Waters Area 2A/B, Ergon House Horseferry Road London SW1P 2AL Email: Tel: 020 7238 5347

From:

Sent: 19 October 2011 09:39

To: Cc: Subject: FW: Designated bathing beaches Importance: High As earlier – duplication deleted

The next meeting of the Bathing Water Coordination Group meets on the 20th of October. But I 'm sure they will refer me to the Bathing Water Focus Group which meets on the 22nd of November. I will raise the issue at both groups. For your information the Reighton sampling point has had "Excellent" water quality since 2007. As part of their planned investment programme Yorkshire Water are proposing to replace the rising main at the Reighton Pumping Station and works are also proposed in Filey which one would assume will improve the water quality even further at Reighton. Stewart.

From: Sent: 11 October 2011 16:19 To:

Cc: Subject: FW: Designated bathing beaches As earlier - duplication deleted