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REPORT TO CABINET

TO BE HELD ON

19 JULY 2011

Key Decision

YES

Forward Plan Ref No Insert here or put N/A

Corporate Priority: Creating healthy and vibrant communities

Cabinet Portfolio Holder

Cllr David Jeffels

REPORT OF THE CHIEF EXECUTIVE AND HEAD OF TOURISM AND CULTURE – 11/266

WARDS AFFECTED: ALL

SUBJECT: BATHING WATER QUALITY – OVERVIEW

RECOMMENDATION (S): Cabinet is recommended to: i. receive and note the content of this report relating to the implications for the

Borough of Scarborough generally and at this stage specifically Scarborough of the revised European Bathing Water Directive (2006/7/EEC);

ii. approve the partnership as set down in Appendix A of this report and to

appoint the Council’s Chief Executive to the Board as the Borough Council’s representative;

iii. request that the Environment and Economy Scrutiny Committee consider

scrutinising/reviewing the proposals that arise to address the Revised Bathing Water Directive requirements, beginning at its meeting in September 2011 and thereafter;

iv. approve the sum of £10,000, to be allocated from the Council’s capital

contingency fund, and approve the acceptance of grant funding from Defra for the provision and installation of new signing at bathing water sites; and

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v. authorise that officers continue to work with the partnership agencies in developing solutions for recommending to Members at the appropriate Committee(s) and time.

REASON FOR RECOMMENDATION (S): To enable the Borough Council and partner organisations involved in pursuit of the highest practicable quality of bathing waters along the coastline of the Borough of Scarborough and Yorkshire as a whole.

HIGHLIGHTED RISKS: There are a number of project and programme risks associated with achieving the objectives of the Revised Bathing Water Directive and these are set out in the attached Risk Matrix. However, there are two headline risks relating to:

• Public health impacts; and

• the reputation of the Borough.

1. INTRODUCTION 1.1 Clean beaches and bathing waters are a very important asset to the

Yorkshire coastline. Providing a valuable source of amenity and recreation to many different users, they help to promote a healthy lifestyle, whilst contributing to the local economy through their tourism potential. There are some 14,000 people employed directly in sea-side tourism in Yorkshire and it generates £200 million GVA / annum.

1.2 Water is one of the most comprehensively regulated areas, particularly of

the European Commission (EC) environmental legislation. Early European water policy began in the 1970’s with the adoption of political programme as well as legally binding legislation.

1.3 As regards programmes, the first Environmental Action Programme covered

the period 1973 to 1976, and the latest is the 6th Environmental Action Programme (6th EAP). The first wave of water directives sought to define the minimum quality requirements of water so that it was not harmful for the environment or human health. This approach was founded upon an outcome in relation to quality and also in limiting the amount of pollutants discharged from a particular source into the aquatic environment.

1.4 Since then, a new European Water Policy, and its operative tool, the Water

Framework Directive, have been introduced to reinforce the principles of good water quality management based upon a high level of protection; a precautionary approach; preventative action; rectification of pollution at source, polluter pays and the integration of environmental protection into the implementation of other community based policies such as industry,

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agriculture, transport and energy. This then clearly places an obligation on all sectors of the community to work together to ensure these guiding principles are followed and that the risk of contamination of bathing waters is minimised.

1.5 With the above in mind, the European Parliament has reviewed its previous

Directive (76/160/EEC) concerning the quality of bathing water and a new Directive (2006/7/EEC) will come into effect from 31 December 2014. In pursuance of improved water quality, the water quality standards are much higher than those of the original Bathing Water Directive (76/160/EEC).

1.6 Beginning with the bathing water results announced in late 2015, beaches

will then be given one of four classifications; Excellent, Good, Sufficient and Poor. Monitoring of the 2015 classification will begin in 2012 and the classifications will have to be displayed at each bathing beach from 2016. Following national consultation the United Kingdom target has been set so as to meet the “Sufficient” classification by 2015 with no deterioration.

1.7 The designation of bathing waters is defined and agreed with the

Department for Food and Rural Affairs (Defra) and is predicated upon areas of water being used by large numbers of people. Monitoring of the bathing water quality is carried out by the Environment Agency by reference to predetermined monitoring locations and regimes and examines for any contaminants likely to pose health problems to bathers. Local Authorities, who manage the beaches, have a responsibility for providing public information about the environmental quality of them and the adjacent waters.

1.8 Along the Yorkshire coastline there are currently 20 designated bathing

beaches from Staithes in the north to Withernsea in the south and in the Borough of Scarborough some 10 beaches are so designated. These are at:

• Staithes (Harbour)

• Runswick Bay

• Sandsend

• Whitby

• Robin Hood’s Bay

• Scarborough (North Bay)

• Scarborough (South Bay)

• Cayton Bay

• Filey

• Reighton

1.9 The Environment Agency has used the 2006-09 monitoring dataset to project how the Borough’s bathing waters would be classified under the new standards. These assessments (see Table 1) are based upon historic monitoring and do not take account of any improvements that may be made at bathing waters between now and 2015.

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Table 1 – Bathing water Projection

Beach Ref. 2009 General BWD Category

Predicted BWD Category

Staithes Pass Poor

Runswick Bay Pass Sufficient

Sandsend Pass (G) Good

Whitby Pass (G) Excellent

Robin Hood’s Bay Pass Poor

Scarborough (North Bay) Pass (G) Excellent

Scarborough (South Bay) Pass (G) Sufficient

Cayton Bay Pass (G) Excellent

Filey Pass (G) Good

Reighton Pass (G) Excellent

NB: (G) indicates that the bathing water achieved the more stringent

guideline standards (for total and faecal conforms and faecal streptococci) as well as the mandatory standard.

1.10 Cabinet will also be mindful of the prestigious ‘Blue Flag’ and ‘Quality Coast’

awards which are administered by the Keep Britain Tidy Group to coastal destinations which have achieved the highest quality in water and beach management. Table 2 indicates such designations for the Borough of Scarborough in 2011.

Table 2 – Blue Flag and Quality Coast Designations 2011

Beach Ref. Blue Flag Award Quality Coast Award

Staithes n/a -

Runswick Bay n/a ü

Sandsend n/a ü

Whitby ü ü

Robin Hood’s Bay n/a ü

Scarborough (North Bay) ü ü

Scarborough (South Bay) - ü

Cayton Bay n/a ü

Filey ü ü

Reighton n/a -

Please note that the resort beaches are the only ones currently eligible for a blue flag award in our area;

Whitby Scarborough North Scarborough South Filey

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1.11 These standards, if achieved, are awarded annually and are valid for one year during the bathing season (May to September). They are based upon compliance with a number of criteria; some imperative and some guideline covering four key areas of water quality; environmental education and information; environmental management and safety and services. It follows therefore that achieving these awards is to a greater or lesser degree is inextricably linked to meeting any new environmental legislation, including the latest European Directive on water quality.

2. CORPORATE AIMS/PRIORITIES AND THE COMMUNITY PLAN

2.1 The Council’s mission statement ‘to be the best’ is underpinned by four key

aims including, in the context of this report, Aim 4 ‘Quality Environments’. 2.2 The quality of the environment affects all the day to day lives of residents of

and visitors to the Borough. There is therefore a need to protect it now, and to manage and improve it for the future. The Council’s corporate planning is therefore aligned to the European Community Treaty.

2.3 The Community Strategy is about all the things that affect the quality of life

for people that live and visit the Borough. This includes high quality recreation opportunities and public amenities. The Community Strategy contains a chapter on ‘Quality Environments’ and also ‘Prosperous Communities’ both of which reiterate the need to achieve the highest quality in terms of the environment and associated offer.

3. BACKGROUND AND ISSUES Background 3.1 The main objective of the Bathing Water Directives (76/160/EEC and

2006/7/EC) is to protect public health and improve the environment 3.2 The original Directive (76/160/EEC) set a number of microbiologic and

physio-chemical standards that bathing waters must either comply with (‘mandatory’ standards) or endeavour to meet (“guideline” standards). The two main standards used to assess the quality of bathing water are total coliforms and faecal coliforms, which are bacteria found in the gut of humans and other warm-blooded animals and which are the key indicators of faecal pollution.

3.3 Research into bathing water and human health since the original Directive’s

introduction in 1976 has led to the development of the Revised Bathing Water Directive (2006/7/EC), which is to be implemented in stages up to 2015, when the original Directive will be repealed.

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3.4 The revised Directive uses two parameters to assess water quality, Escherichia coli and intestinal enterococci, using a 4 year data set for each category of results, and sets much tighter standards than the original Directive.

3.5 It is worthy of note that in setting four new classification categories (as listed

in para 1.6) there will be a marked uplift in standard: Excellent (approximately twice as stringent as the current guideline

standard) Good (similar to the current guideline) Sufficient (approximately twice as stringent as the current mandatory

standard) Poor, for waters which do not comply with the Directive’s standards 3.6 Importantly, there will be a new requirement for information about water

quality and potential sources of pollution at bathing waters to be provided on bespoke signs and via the internet. Regular reviews of the list of bathing waters will be carried out and the public will be encouraged to participate in the reviews.

3.7 Key dates for the introduction of the revised Directive are:

• 2011 – Environment Agency publish a profile for each bathing water in England and Wales.

• 2012 – Signs must be in place at all bathing waters by the beginning of the bathing season (May 2012). The Environment Agency will begin monitoring using the parameters of the revised Directive.

• 2014 – Final bathing water report using the standards of the current Directive.

• 2015 – First set of classifications using the new parameters will be published, based upon datasets commenced in 2012.

• 2016 – New classifications will appear on the signs using symbols that are being prepared by the European Commission.

Issues 3.8 The following 8 key issues which at this stage arise from the preparation for

and introduction of the new Directive are:

• Water quality

• A Partnership Approach

• Developing the Solutions

• Delivering the Solution for Scarborough

• Impacts

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• Bathing water profiles

• Signing and awards

• Emergency planning 3.9 Water Quality 3.9.1 Given the nature of the measure of bathing water quality in the future there

will be a need to minimise the risk of pollutants entering the water or to ensure that if this occurs the composition is sufficiently low as to meet any compliance levels.

3.9.2 Bathing Water is affected by bacteria which emanate from both diffuse (eg

agricultural run-off, business and trade effluent) and human sources of pollution

3.9.3 One area of focus therefore is the way human sewage and other effluent is

dealt with now and in the future. It is praiseworthy that the regional water company, Yorkshire Water and others have already invested many millions of pounds of monies in coastal sewerage assets over the previous 20 years or so to help achieve current levels of water quality along the Borough’s coastline.

3.9.4 Notwithstanding this, the requirements of the revised Bathing Water

Directive means that this investment strategy, of necessity, has been the subject of a review and in 2010 Yorkshire Water received the Office of Water Services (OFWAT) approval to its Asset Management Plan proposal to invest up to £110m over 5 years in helping to meet the new Bathing Water Directive standards of “Sufficient”, striving, with some inherent enhanced funding, for most of the principal bathing beaches to meet the ‘Excellent’ standard. This should also help to future proof against further upward revision to the Water Directive standards. The funding to aim for the ‘Excellent’ standard was supported by customers and letters of support from Scarborough Borough Council.

3.9.5 In doing so, there was a recognition that potential sources of pollution may

also include from individuals, private sector concerns relating to agriculture, trade effluents etc, as well as public sector land and asset management.

3.10 A Partnership Approach 3.10.1 To reinforce and emphasise the need for a collaborative approach to this

issue a “voluntary consortium” partnership has been formed bringing together Welcome to Yorkshire, Environment Agency, Yorkshire Water, East Riding of Yorkshire Council, Scarborough Borough Council, North Yorkshire County Council and the Yorkshire and Humber Rural Affairs Forum.

3.10.2 As a basis for the partnership, terms of reference have been drawn up and

these are attached at Appendix A to this report. Members will note that the Chief Executive of Welcome to Yorkshire chairs the Partnership, with Yorkshire Water providing administrative and secretariat support.

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3.10.3 The Chief Executive, Managing Director or Director of each of the Partner

organisations is designated to represent each of the organisations and the partnership will meet typically twice per year, with each partner organisation bearing the costs of attending and participating. It is proposed that the Partnership will operate formally for the period up to 2015.

3.10.4 To help deliver the desired objectives in a timely fashion a project

management ideology has been adopted with, operating below the Partnership Board, a number of work stream programme groups including covering water quality, beach management and communication and engagement. These are brought together under the ‘umbrella’ of a co-ordination group, which provides the link to and from the Board.

3.10.5 Cabinet is requested to support the Partnership and to add it to the list of

partnerships approved by Council in May and to formally appoint the Council’s Chief Executive to the Revised Bathing Water Directive, Environmental Partnership Board.

3.11 Developing the Solutions 3.11.1 So far as water quality is concerned, Yorkshire Water and the Environment

Agency have commissioned a significant amount of investigative work. This has included specialist marine modelling and tests, terrestrial catchment investigations, monitoring of existing assets and performance and feasibility options around the most cost effective means of meeting new standards.

3.11.2 Invariably the option appraisals are focussed upon possible combinations of

enhancements to; asset performance; capacity (meaning potentially less volume and frequency of discharges to receiving waters) and/or waste treatment.

3.11.3 Option appraisals for the various sites are currently therefore at various

stages of development and will be brought before Members in due course. At this time, however, work on the option for the Scarborough town frontage is now sufficiently well advanced to provide Cabinet with some particulars.

3.11.4 As illustrated in Table 1 of this report, without any improvements to effluent

control/quality the bathing water predicted category for Scarborough North and South Bays would be ‘Excellent’ and ‘Sufficient’ respectively. The shared objective is for both bathing waters to achieve ‘Excellent’.

3.11.5 Cabinet will be provided with a presentation, but by way of context and

outline, the Scarborough town sewerage infrastructure can be divided into two distinct catchments, north and south of the Castle Headland.

3.11.6 The topography and catchment characteristics of the town mean that most

of Scarborough’s drainage effluent gravitates in public sewers to the coastal frontage where it is then transported to treatment at Yorkshire Water’s waste water treatment works (east of the A165 Burniston Road) via Scalby Mills

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pumping station. Treated and ultra-violet disinfected effluent is then discharged to the sea via a long sea outfall pipe.

3.11.7 The drainage system has a finite capacity which means that in some

extreme precipitation conditions and/or malfunction of the system, pressure release mechanisms exist (combined sewer overflows – CSOs) to allow flows to be discharged to receiving waters. Principally these are located, in terms of the main frontage; at Wheatcroft, Aquarium Top (South Bay), Toll House (southern end of Marine Drive), Peasholm Gap (near to The Sands) and Scalby Mills (near to the Sea Life Centre). These discharge points are consented by the Environment Agency to the water company and comprise underground weirs which, when overtopped, discharge to a combination of long and/or short sea outfalls. At Wheatcroft and at Scalby Mills there are sea outfall pipes of approximately 1km in length.

3.11.8 These discharges can affect the quality of the receiving waters and under

the new, more stringent, regulations the standard achieved. 3.11.9 In order to address this, a variety of design options have been examined

ranging from localised storage, extensive tunnelling, through to a combination of storage and enhanced treatment (using ultra violet light). In all more that 40 options have been explored and there have been over 300 iterations based on feedback from specialists from the environmental and engineering fields as well as localised expertise inputted from your own officers.

3.11.10 In terms of a localised storage option, the design outputs suggested that

large detention tanks aggregated to store in excess of 70,000 cubic metres in volume would be necessary. This storage would need to be in place at existing assets in the following locations; Scalby Mills, Peasholm Gap, Toll House, Aquarium Top and at Wheatcroft.)

3.11.11 An equivalent volume tunnel solution, linking the Toll House with Scalby

Mills using a 3 km long tunnel with a diameter of 4.5 m, has been considered, with similar storage at Wheatcroft and improvements to the various CSOs.

3.11.12 A design solution comprising some additional localised storage with

settlement/ultra violet light treatment has also been considered. This would involve storage at Wheatcroft, and Toll House, improvements to CSOs but principally to pump more flows to the treatment works for settlement and ultra violet light treatment before discharge to the sea, via the existing long sea outfall pipe.

3.11.13 At its meeting on the 7 July 2011 the Yorkshire Water Board Capital

Investment Committee received an assessment of each of the options and approved the commencement of a tender process based on the option outlined in paragraph 3.11.12; comprising a combination of localised storage, improvements to the CSOs and increasing flows to the wastewater treatment works. At this stage, the solution is at concept stage and for

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tender purposes only, however the detailed design will be developed in consultation with officers.

3.12 Delivering the Solution for Scarborough 3.12.1 In terms of delivery of such a solution there are clearly three aspects which

Members will be keenly interested in, namely:

• Timing

• Design

• Impacts Timing 3.12.2 The timing of the Scarborough frontage works, in order to meet the

compliant target dates, is that they need to be completed by the start of the bathing season in 2014.

3.12.3 Taking into account the work Yorkshire Water has already undertaken in

terms of investigative and preparatory work to existing assets and the need to procure the works, it will be necessary for some work to begin in the spring of next year. This means that early phase works requiring any agreements, planning approvals etc will have to be in place by January 2012. It is your officers’ view that any works likely to be significantly disruptive to the frontage should ideally be undertaken in the winter periods (October to March) and that every effort should be made to complete the work to a point that would allow temporary reinstatement of critical activities pending final completion at the next appropriate ‘window’.

Design 3.12.4 The preferred overall solution design to be used for tender purposes is

conceptually advanced and will be described in the presentation to Members and comprises the elements described in 3.11.12.

Impacts 3.12.5 In terms of impacts, there will be two main categories; the permanent

impacts associated with the design form and any land take and the temporary impacts associated with any construction activities.

3.12.6 Permanent impacts, first and foremost, will of course mean and include

that both bathing water sites (North and South Bays) should meet the ‘Excellent’ standard set down under the new Directive. The concept for tender is based on proposed works at the following locations and the final design will take into account the impacts identified by the officers

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• Wheatcroft Improve storage capacity. Little impact visually as mostly

subterranean construction.

• Aquarium Top Improve operating performance of CSO. Little impact visually as

subterranean construction.

• Toll House Improved storage capacity. Impacts visually will be around the

construction of new storage capacity and improvements to the CSO. The design development is ongoing but it will mean that the area currently utilised for the harbour related uses and storage of other materials may not be available after the work is completed.

• Peasholm Gap The provision of a new overflow chamber and ancillary structures

on land to the south of Peasholm Gap will mean that this land will not be capable of being used for development purposes over the footprint of the sewerage assets. The design development is ongoing but the proposed chamber will be slightly above the existing ground level. It is suggested that as the design is progressed your officers explore with Yorkshire Water how their works may create a new landscaped feature, incorporating a high quality environmental improvement/amenity/recreational area for public use.

• Scalby Mills This will comprise a pumping station building on the northern fringe

of the public car park and will mean that access arrangements to the existing Yorkshire Water site will need to be modified. Design is ongoing.

• Waste Water Treatment The construction of new and additional plant will be similar in form

to existing and will be concealed behind a realigned perimeter wall similar in nature to the existing wall and subject to planning permission. Design is ongoing.

3.12.7 Temporary impacts are principally those associated with the construction

activities to be employed and the space required to undertake such activities. Whilst this has not been fully determined yet early indications are that the sites at the Toll House and Peasholm Gap are logistically likely to have the greatest impact. These will include the effects on traffic (vehicles,

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pedestrians and parking), other environmental issues such as working times, noise, vibration, etc. Clearly it will be important to work with Yorkshire Water and its agents on these issues so as to determine an acceptable temporary solution and methods of working. The views of the Highway Authority (North Yorkshire County Council) will be important and any possible implications for disruption to traffic movements will have to be carefully considered locally and more widely around the highway network of the town. It may be that, certainly at the Toll House site the temporary closure, to vehicular traffic, of the Marine Drive and temporary loss of some public car parking should be contemplated coupled with the displacement of any activities currently occupying the site. There is a commitment from Yorkshire Water to work with your officers to minimise the impact of the construction works.

3.12.8 Clearly, if that was to be the case, it would be necessary to create

arrangements for diverting through vehicular traffic elsewhere but at the same time facilitating access to and parking along the coastal frontage from the Toll House pumping station site northwards. There would also be a need to ensure that two way access and egress for vehicles to Royal Albert Drive and the majority of Marine Drive was facilitated, even if some of the Peasholm Gap site works were to be undertaken simultaneously with those at the Toll House. Maintaining pedestrian access along the entire coastal frontage would have to be a pre-requisite for any agreed methods of working at the Toll House.

3.12.9 Any planning approvals necessary as part of these proposed measures will

be determined either by Scarborough Borough Council (Planning Authority) and/or North Yorkshire County Council (Waste Management Authority). Notwithstanding, it would be the intention to engage with and seek the input from local Elected Members to help inform the process both in terms of permanent and temporary measures.

3.13 Bathing Water Profiles 3.13.1 The revised Bathing Water Directive requires each bathing water to be given

a profile based upon the physical, geographical and hydrological characteristics and with an assessment of the risks of pollution.

3.13.2 The profiles provide key information for inclusion in the general description

of the bathing water on the signs erected at these locations. 3.13.3 All bathing water profiles for England and Wales have now been produced

by the Environment Agency. They include for each location a bathing water map, bathing water description, a catchment map (with accompanying description of the area considered to drain into the bathing water) and details of pollution management. In the case of the Borough of Scarborough all profiles were completed in February 2011 and are to be reviewed by May 2012.

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3.13.4 The Environment Agency Bathing Beach Profiles can be viewed by reference to the Environment Agency website, www.environment-agency.gov.uk/home andleisure/recreation/119111.aspx and follow the navigation headings to the Yorkshire North East Area. The Environment Agency are seeking feedback and comments to the subsequent review by e-mail to bwpne@environment-agency.gov.uk between 24 March and 30 September 2011.

3.14 Signing and Beach Awards 3.14.1 The revised Bathing Water Directive places a strong emphasis on providing

information on the quality of bathing waters to allow informed choices to be made as to where and when to bathe. As part of this, the bathing water regulations require certain information to be made available.

3.14.2 Many, if not all, bathing beaches in Yorkshire come under the management

of local authorities. Scarborough Borough Council, under licence from the Crown, ‘control’ these beaches and as such will be responsible to ensure that the required information is displayed in the vicinity of the bathing water. This must be in place in advance of the bathing season of 2012.

3.14.3 A signage group has been set up to examine to help deliver the

requirements of the Directive, which will include information, in non technical jargon, about the characteristics of the bathing water, details of a water quality including any ‘abnormal situations’ and an indication of where to find more complete information.

3.14.4 Very importantly and significantly as and when a temporary and ‘abnormal

situation’ arises the information must be explicit and explain the reasons for the advice.

3.14.5 From 2015, if a bathing water receives a ‘Poor’ classification it will be

necessary, in the following season, to advise the public against bathing in order to prevent bathers exposure to pollution. This will not be a ban on bathing. There will simply be advice against bathing together with information about why bathing at the particular site is not recommended. Following five consecutive ‘Poor’ classifications, permanent advice against bathing at the site must be introduced. The Environment Agency will then discontinue sampling and the public will be encouraged not to bathe at the area concerned.

3.14.6 So far as the number and locations of signs is concerned, the guidance

leaves this to the discretion of the controlling agency. It/they should be in an easily accessible location where the highest percentage of users of the beach are most likely to pass by.

3.14.7 Local and/or regular bathers will have developed awareness of the location

of information and its contents and it will be strangers to the bathing waters who would be most disadvantaged by inappropriately located signs. More

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than one sign may be required (although the Directive does not specify a minimum number). Factors will include a consideration of:

• Size of beach

• Number of access points

• Extent of any congregation

• Existing protection or management plans

• Exposure to damage risk

• Other information points 3.14.8 Although the Directive concentrates on water quality, it also includes

management measures for risk to health from other causes, especially waste and excessive seaweed. During pollution events or the presence of excessive litter or seaweed, information should be given to advise the public of management measures being taken, temporary signing can be used during exceptional events which may have an impact on bathers’ health.

3.14.9 Section 31 of the Local Government Act 2003 places a responsibility on

Defra to provide a grant to local authorities towards expenditure incurred as a result of new legislation in order to avoid placing a new burden on Council Tax payers. Defra has agreed to provide funding for one sign at each bathing water that is controlled by a Local Authority to pay in the formula grant for the 2011/12 financial year.

3.14.10 The linkages between the outcomes from the revised Bathing Water

Directive and the allocation of the prestigious Blue Flag and Quality Coast Awards are clear. The achievement of the “Excellent” standard will be a requirement to gain a “Blue Flag”.

3.14.11 In addition and with some of the Borough’s bathing beaches now gaining a

national reputation with surfers it will be necessary to engage with this sector to help provide them with the information and confidence required to demonstrate that the inshore waters are the best quality for their activities.

3.15 Emergency Plans 3.15.1 As the ‘Controller’ for the bathing waters not only will there be a requirement

for the Borough Council to introduce and update public information at suitable locations, but there will also be a need to look at contingency plans should an ‘abnormal situation’ arise.

3.15.2 With the initiatives being pursued, especially around sewerage and waste

water treatment the risk of such occurring will be significantly reduced. Nevertheless with catchments with the potential for sources of pollution there will be a need to create bespoke emergency plans for each of the bathing water sites.

3.15.3 The Borough Council, in association with North Yorkshire County Council,

already has in place a Marine Pollution Plan and it is proposed that the Bathing Water Emergency Plans will be integrated with this and will draw

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from it. The Plans will also need to be complementary to the beach profiles produced by the Environment Agency.

3.15.4 The Plans will incorporate a multi agency dimension and will be shared with

and agreed by those agencies named in it.

4. CONSULTATION 4.1 The partnership formed through the ongoing collaboration as outlined in

para 3.10 has at its core the need to engage and communicate with stakeholders. This will apply throughout the period leading up to the implementation of the revised Bathing Water Directive and will include periodic updates on progress as well as relating to any statutory processes such as planning applications etc.

4.2 Engagement with Elected Members will be essential and is proposed

through the relevant Member Committees and for and including reference to the Environment and Economy Scrutiny Committee, Planning and Development Committee and Area Committees (covering the coastal corridor of the Borough).

4.3 It is proposed to accompany this report with a short presentation and also to

set up a public exhibition at the Town Hall to allow Members and public to be better acquainted with the initiative. All Elected Members will be notified by letter about the Cabinet item and exhibition details prior to Cabinet.

5. ASSESSMENT 5.1 Assessment of what needs to be carried out to meet at least the ‘Sufficient’

standard and, where possible, to better this is ongoing. It involves dialogue between the Environment Agency and Yorkshire Water, but also with the public, industry and agricultural interests whose actions may have a potential impact, via drainage, on the bathing water quality.

5.2 The level of investment and commitment planned by the partnership, not

least the £110m set aside by Yorkshire Water over the next 5 years, is highly significant. A challenging and ambitious programme of capital works will be required to be undertaken as well as ensuring that maintenance of existing assets is rigorously pursued and best practices are adopted.

5.3 There is no doubt that with such an undertaking there will be some impact

upon the various coastal frontages during the work though, in so far as it is reasonably practicable, this will be carefully planned so as to mitigate the impacts and so as not to prejudice ongoing operations. In any event a proactive communications strategy (beginning with this report and exhibition) will be utilised to endeavour to explain why the works are needed and the longer term benefits to accrue.

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5.4 At some locations the ‘move’ from the previous European Directive to the revised Directive should be seamless. At other locations it will be more of a ‘step change’. It may be that in certain locations a more pragmatic approach might have to be taken to help manage expectations and deliverables. The partnership is looking to establish special focus groups for sites where such an approach is warranted. One such example being at Staithes.

5.5 What is very clear from this initial assessment is that all partner

organisations appreciate the importance of the work entailed. To see the great endeavours of the past and its excellent rewards denuded in the light of new legislation would not be acceptable and could seriously compromise the Borough’s vision, to ‘be the best’.

6. IMPLICATIONS (a) Policy 6.1 The contents of this report is within the Council’s current policies. (b) Financial 6.2 The financial implications of this report are around four aspects, namely any

staffing costs, land costings/income, income losses and signage costs (over and above any external grants).

6.3 In terms of staffing costs, it is considered that participation in the ongoing

project management of the initiative can be accommodated from within existing revenue budgets. Any staff time on legal work will be recovered through internal Service Level Agreements.

6.4 It is certain that some of the Council’s Land Portfolio will be impacted upon

by this initiative as Yorkshire Water look to pursue improvements to their sewerage and waste water treatment. Discussions and agreements will no doubt ensue and will be reported upon in due course, including any financial implications. Council land, if utilised, will generate income to the Council. This will need to reflect the value of the land, including any potential development value.

6.5 Any works impacting upon Council operations, for example on and off street

car parking provision, may potentially affect income. Again this will need to be the subject of discussions and agreement, including with the County Council. Winter working would reduce any such impacts.

6.6 It is envisaged that the cost of new signing to meet the requirements of the

revised Bathing Water Directive will be approximately £25,000. It is reasonable to anticipate a grant fund from Defra of approximately £15,000 therefore a short fall of £10,000 funding costs will need to be considered by Council.

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6.7 Members are requested to approve that this amount be funded from the Council’s Capital Contingency Reserve in 2011/12. The uncommitted balance on the reserve currently stands at £573k. This expenditure would reduce the balance to £563k, which is in excess of the £500k predetermined minimum level set out in the Financial Strategy.

(c) Risk 6.7 The main strategic risks are detailed on the risk matrix attached to this

report, including any suggested mitigation. (d) Legal 6.8 There will be a need to enter into legal agreements with Yorkshire Water

linked to the access to and use of some of the Council’s lands for and to facilitate sewerage improvement works.

6.9 There is a legal need to comply with the signage requirement of the revised

European Bathing Water Directive. Monitoring of compliance will be undertaken by the Environment Agency with power of enforcement residing with the appropriate Minister.

(e) Planning 6.10 The scheme of capital works being developed by Yorkshire Water at sites

along the Borough of Scarborough’s coastline will to varying degrees require planning approval. The nature of the work means that it will be referred to either Scarborough Borough Council and/or the Waste Management Authority, North Yorkshire County Council for decisions. There may be elements which may be categorised as ‘permitted development’.

6.11 In providing and installing the necessary signing, the Borough Council will

need to be mindful of any relevant local bylaws, planning permission regulations or guidance for signage in National parks, Sites of Special Scientific Interest and Areas of Outstanding Natural Beauty.

(f) Other 6.12 I have considered the following other implications that arise from this report

and am satisfied that there is no identified adverse implications that will arise from this decision:

Crime and Disorder Implications

7. ACTION PLAN Overview Report to Cabinet July 2011 Report to Environment and Economy Scrutiny Committee September 2011

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Report as necessary thereafter to the above and other July 2011 Committees of the Council, e.g. Planning and onwards Development, Area Committees etc through to 2015 Signing to be in place on all bathing water sites Before May 2012 Final bathing water report using the standards of the 2014 Current Directive First set of classifications using the new parameters 2015 based on the data set commenced in 2012 New classifications on signs 2016

Jim Dillon Brian Bennett Chief Executive Head of Tourism & Culture

Author: John Riby Telephone No: 01723 232423 E-mail address: john.riby@scarborough.gov.uk

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Appendix A

Revised Bathing Water Directive Environmental Partnership Board

Terms of Reference

1 Introduction This document outlines the purpose, operating principles, arrangements, and joint responsibility under which the revised Bathing Water Directive’s Environmental Partnership Board will operate. The main purpose of this voluntary partnership is to achieve, through joint working, more effective arrangements to deliver the requirements of the Revised Bathing Water Directive. This unique Partnership has been formed by those organisations most closely involved with the management and delivery of the requirements of the revised Bathing Water Directive. The requirements, namely, (i) Beach Management & Profiling and (ii) Water Quality will be delivered through action plans highlighting key tasks and accountability for actions for all parties who play a role. 2 Geographic Coverage The Partnership’s scope will be Yorkshire’s 20 designated beaches, inclusive of its 8 coastal resort beaches.

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3 Partnership Members Members of the Partnership are as follows: Standing: § The Environment Agency § Yorkshire Water § East Riding of Yorkshire Council § Scarborough Borough Council § North Yorkshire County Council § The Yorkshire & The Humber Rural Affairs Forum Other: § Other statutory or representative bodies, as invited by a majority of the standing

group.

Technical/expert advisers may also attend meetings of Partnership, as necessary and agreed by the partners, to support its deliberations.

5 Administration Yorkshire Water will provide the necessary administrative and secretariat support for the effective operation of the Partnership. The particular host organisation for each of the various meetings of the Partnership will provide the necessary practical support for that meeting, such as venue, refreshments etc. Best endeavours will be made to keep carbon footprint to a minimum in the logistical planning of the meetings All Partners will each cover their own costs of attending and participating in Partnership meetings. 6 Attendance All Partners will give the highest priority to ensuring that regular attendance at all meetings of the Partnership is at the most senior level, eg Chief Executive, Managing Director or Director level, although a named, senior level substitute may attend in exceptional circumstances, if notified in advance. 7 Objectives of the Partnership To jointly oversee, monitor and evaluate delivery of the requirements of the revised bathing water directive

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To ensure the development of action plans by each Partner that delivers the requirements of the revised bathing water directive in the areas of (i) Beach Management & Profiling and (ii) Water Quality To ensure every Partner plays its role in the delivery of the revised bathing water directive and takes accountability for its actions. To seek and create opportunities for more effective, integrated beach management within the designated catchment area. To be a body that is capable of both making and influencing decisions. To develop joint strategic and operational working between the partner organisations.

To be recognised as the authoritive voice on revised bathing water directive’s delivery plans by local communities and the democratically elected representatives that serve them.

To ensure good communication between the partner organisations and to, freely exchange knowledge and information relating to the delivery of the revised bathing water directive, and on the resources, facilities and arrangements deployed to mitigate any challenges / obstacles.

To appropriately link revised bathing water directive investment plans with other major capital programmes to leverage funding opportunities if appropriate.

To create an effective lobby for additional regional, national and European funding, based on evidenced needs and demonstrable economic/local benefits, to improve the area.

To communicate the work, plans, and outcomes of the Partnership effectively, consistently, and with a single voice. To review and respond to all new legislation, regulations and relevant information (including national and local documents), on a regular basis, to ensure the continued effectiveness of the Partnership’s work. 8 Partnership Principles The Partnership will attain its objectives by:- § Adopting a policy of honest and openness, and behaviours to foster mutual

trust. § Ensuring good communication between partners § Working collaboratively § Respecting the views of others and giving them due consideration § Challenging each other constructively § Accepting that disagreements between partners may occur, but are best

handled without blame § Resolving differences with partners in private § Sharing problems and jointly celebrating successes

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§ Creating ownership and buy in at all levels § Seeking a consensus approach to decision making, in the best interests of the

residents and visitors of the area 9 Duration The Partnership is a voluntary consortium. It is proposed that the Partnership will operate for a period of five years from its inaugural meeting. The period of operation will be subject to review and the agreement of the partners. 10 Meetings The Chief Executive of Welcome to Yorkshire will chair the meetings of the Partnership. The Partnership will meet twice a year (or otherwise as agreed by the partners in the light of relevant circumstances). Each partner organisation is able to bring forward relevant matters for consideration by the Partnership. The Partnership Secretariat will distribute to all partners a draft list of matters for discussion at least two weeks in advance of the meeting of the Partnership, followed by the necessary Agenda papers, which will be distributed at least one week (five working days) in advance of the meeting of the Partnership. Such papers will be treated as confidential, unless agreed otherwise by the partners. Notes recording the specific actions agreed at each Partnership meeting, and recording where agreement was not possible, will be distributed to all partners no later than two weeks after the meeting, and will be subject to agreement at the next meeting of the Partnership. Meetings will be held at the premises of each of the partner organisations, in rotation, or as otherwise agreed by the partners. No actions or decisions of the Partnership can be used to fetter the statutory duties or obligations of any of its member organisations. 11 Communication A joint Communication and Engagement Strategy will be produced by the Partnership through the Communication and Engagement Project Focus Group. 12 Changes Control Changes to the terms of reference must be agreed between all the Partnership Members, based on written proposals distributed to the partners with adequate notice.

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13 Intellectual Property All property issued by the Members in connection with the Partnership, will remain the property of the respective parties and shall be used only for the Partnership, and for no other purpose whatsoever. All drawings, documents, models, designs and the copyright arising out of the specific work of the Partnership shall belong to the Partnership Members. A Data Register will be established to track this. Normal course of Partnership business may entail interaction with a variety of contractors, consultants and other agents, including Local and National Government, with whom Partnership members may have statutory duties to disclose information. 13 Signatures We the undersigned, agree to the terms of reference set out above, in order to facilitate a co-ordinated approach to delivering the requirements of the revised Bathing Water Directive. Signed by <name> for and on behalf of Environment Agency

…………………………………………

Date:

…………………………………………

Signed by <name> for and on behalf of East Riding of Yorkshire Council

………………………………………….

Date:

…………………………………………..

Signed by <name> for and on behalf of Scarborough Borough Council

…………………………………………..

Date:

…………………………………………..

Signed by <name> for and on behalf of Yorkshire Water

…………………………………………..

Date:

…………………………………………..

Signed by <name> for and on behalf of North Yorkshire County Council

…………………………………………

Date:

…………………………………………

Signed by <name> for and on behalf of The Yorkshire & The Humber Rural Affairs Forum

…………………………………………

Date:

…………………………………………

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Risk Matrix

Risk Ref

Date

Risk

Consequences

Mitigation

Current Risk Score

Target Score

Service Unit Manager/

Responsible Officer

Action Plan

1 2010 Yorkshire Water AMP not approved by Ofwat

Works to improve sewerage and waste treatment cannot be done

Yorkshire Water make case for funding to achieve at least ‘Sufficient’ category and enhanced funding to pursue ‘Excellent’ category.

B2 A1 N/A Complete

2 Nov 2010 Partnership working is not created

Yorkshire Water may achieve its objectives but others inaction result in EU Directive not being met.

Commit to and participate in Partnership.

B2 A1 CE & Leader Done

3 Nov 2010 onwards

Project Plan and work groups not established

EU Directive not met in a timely fashion.

Project management arrangements set up.

B4 A1 SMT Ongoing

4 June 2011

Funding for signs is not allocated for those signs not funded by Defra grant.

Failure to comply with regulations by May 2012.

Bid to capital budget supported by Cabinet.

C4 B2 HTC As soon as possible

5 June 2011

Cabinet do not endorse Partnership approach

Coordinated approach does not take place.

Cabinet approves report B4 B2 Cabinet June 2011

6 May 2015 Improvements to catchment drainage and waste management not achieved.

Failure to meet Directive. Partnership approach. C4 B2 All Partners CE

See Action Plan

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Risk Ref

Date

Risk

Consequences

Mitigation

Current Risk Score

Target Score

Service Unit Manager/

Responsible Officer

Action Plan

7 June 2011 onwards

Failure to meet agreement with Partners about solution and enablement

Scheme programmes slip Continued engagement with interested parties

C4 B2 SMT See Action Plan

8 June 2011 onwards

Failure to engage with stakeholders

Lack of understanding about objectives

Set up communications group participation

C4 B2 CE See Action Plan

9 June 2011 onwards

Site specific risks Project risks disrupt delivery plan Multi agency Working Groups meet to manage risks

C4 B2 Partners See Action Plan

10 July 2011 onwards

Elected Members and public are not engaged

Elected Members and public not informed and engaged in any proposals

Report to Cabinet and other committees as necessary. Involve Ward Members as necessary. Prepare a communication strategy with partnership

C4 B2 HTC See Action Plan

11 May 2015 EU Directive not met Legal implications Make sure legal requirements are met

C4 B2 HLSS & HTC See Action Plan

12 May 2015 EU Directive not met Risk to public health Make sure legal requirements are met

C4 B2 SMT See Action Plan

13 May 2015 EU Directive not met Risk to Borough’s reputation Make sure legal requirements are met

C4 B2 SMT See Action Plan

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Glossary of Terms Risk An event which may prevent the Council achieving its objectives Consequences The outcome if the risk materialised Mitigation The processes and procedures that are in place to reduce the risk Current Risk Score The likelihood and impact score with the current mitigation measures in place Corporate Objectives An assessment of the Corporate Objectives that are affected by the risk identified. Target Risk Score The likelihood and impact score that the Council is aiming to achieve Service Unit Manager The Service Unit or Officer responsible for managing the risk Action Plan The proposed actions to be implemented in order to reduce the risk to the target score

Risk Scoring

5

4

3

2

1

A B C D E

Impact

Likelihood

Likelihood: Impact A = Very Low 1 = Low B = Not Likely 2 = Minor C = Likely 3 = Medium D = Very Likely 4 = Major E = Almost Certain 5 = Disaster