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, <<Designation and dedesignation process - April 2012.pdf>> <<Request to consider designation of Hunmanby Gap and Primrose Valley designated bathing beaches>> 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.