Identification of new bathing waters in England
On this page:
- access facilities to the bathing area
- toilets or showers
- car parks
- life guards
- markers indicating bathing areas
- first-aid service
- kiosks and shops, including mobile kiosks and shops
- changing facilities
- water sports facilities, although in some cases intensive water sports at the site may preclude bathing
- regular beach cleaning
- promotional material or advertising material such as leaflets, signs and websites
- a history or tradition of bathing at the site
- references to the site being good for bathing in guide books
What is a bathing water and how is one identified?
The Bathing Water Directive is concerned with the quality of bathing water, with the exception of waters used for therapeutic purposes and swimming pools. The Directive states that a bathing water is ‘all running or still fresh waters or parts thereof and sea water in which:
- bathing is explicitly authorised by the competent authorities of each Member State, or
- bathing is not prohibited and is traditionally practised by a large number of bathers.’
The term ‘large numbers of bathers’ is not defined by the Directive. Generally, a ‘large’ number of bathers will be found at popular, well-used beaches and lakes where bathing is encouraged and facilities for bathers have been provided. However, European law and practice1 has made it clear that the number of bathers is not the only relevant criterion for identifying bathing waters.
For a new bathing water to be identified, the applicant should be able to provide evidence that the site is used by a large number of bathers, usually through photographs or a survey of bather numbers. In addition, Defra will take into consideration evidence that the relevant authorities or land owners are seeking actively to promote bathing at the site or that the site has infrastructure to support bathing. Therefore, Defra will also take into consideration the existence of any of the following:
The current list of bathing waters is based on a survey undertaken in the mid 1980s, with additions to reflect developments of new bathing areas and a few deletions, for example where access to the bathing site has become difficult or dangerous.
An up-to-date list of bathing waters for England can be found in the Schedule (PDF 42 KB) of the Bathing Waters (England) Notice 2008 (PDF 78 KB).
The application process
Defra will normally only consider an application from a local authority for a site to be identified as a bathing water. This is because the support of a local authority will usually be essential if a site is to be promoted for bathing. In addition, this will ensure that local people are involved before an application is made.
However, if a site is on private land and/or a local authority is not prepared to make an application, Defra will consider an applicant from a private individual. In these cases, the applicant must show that s/he has consulted both the private land owner in question and the relevant local authority and s/he must provide a copy of the results of that consultation.
The local authority or other applicant should provide Defra with a plan or map showing the limits of the proposed bathing water site(s), along with information about the facilities at these locations.
In addition, good information about the number of bathers both in and around the water throughout the bathing season should be provided. This is usually in the form of photographic evidence of people in the water or a survey of bather numbers, perhaps supported by recent promotional material (such as tourist information brochures) indicating bathers in the water.
Once the application and supporting evidence has been received, Defra will consult with the appropriate organisations, including the Environment Agency and the relevant water company, in order to give careful consideration to the application. When a decision has been made and a new bathing water has been identified, monitoring will commence at the beginning of the following bathing season.
Further enquiries
If you would like a coastal or inland bathing water in your area to be considered for identification under the Bathing Water Directive, please contact your local authority in the first instance, as they will normally need to submit an application to Defra.
If you have an enquiry about the application process, or about an addition or alteration to the current list of identified bathing waters, please contact bathingwater@defra.gsi.gov.uk
Application processes may differ in Wales, Scotland and Northern Ireland. Please contact the relevant authority in these countries for further information.
1 See the judgments of the European Court of Justice in CaseC-307/98 Commission v Belgium [2000] ECR-I 3933 at paragraphs 28-40 and in Case C-56/90 Commission v UK [1993] ECR-I 4109. See also the answer of the European Commission to Question No 59 (PDF 50 KB) asked by Mr Derek Prag MEP (H-388/85) on 10 September 1985 (OJ Annex 2-329 Debates 1985/6, Report of Proceedings 9-13 September 1985).
Page modified: 13 November 2008
Page published: 9 November 2006