Identification of new bathing waters in England
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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 but should be assessed in light of past trends at the site or to any infrastructure or facilities provided to promote bathing. 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. European law and practice1 has made it clear that the number of bathers is not the only relevant criterion for identifying bathing waters and facilities provided at the site will be taken into account as evidence that the relevant authority or management body is actively seeking to support and promote bathing.
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
An application for a beach or an inland freshwater site to be identified as a bathing water can be made by a local authority, a landowner or a private individual. The applicant should provide a map, plan or grid references showing the extent of the proposed bathing water, together with information about facilities at the site and the number of people using it for bathing during the bathing season. This could be in the form of a survey or photographs of bathers in and around the water.
Once the application and supporting evidence have 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.
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 the relevant local authority or landowner in the first instance. You can also make an application to Defra at: bathingwater@defra.gsi.gov.uk or by post at:
Bathing Water Team
Defra
Area 2A/B Ergon House
Horseferry Road
London SW1P 2AL
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: 14 May 2009
Page published: 9 November 2006