Bathing water designations - reviewing proposals: guidance

5. Review of proposals

When SEPA convenes the independent Panel (see 4. Process for the designation of new bathing waters), the Panel is expected to review the relevant and available information about any proposals for the designation of new bathing waters received before the end of September each year.

This section sets out the factors that the Panel should consider in making their report to Scottish Ministers. This is not an exhaustive list, and the Panel is invited to comment on any aspects of the proposals that they see as relevant. It is intended to outline some of the considerations that Ministers need to make and provide consistency in what and how the Panel reviews proposals and the report they provide to Ministers.

It is acknowledged that the Panel can only review and make recommendations on available information and is not able nor expected to undertake additional work to gather missing information. Where there may be a lack of information that Panel members cannot provide easily, setting out options to gather this information would be helpful. Where there is missing information, Ministers may decide to gather more information; for example, if there was insufficient public engagement to inform the proposals, Ministers could request additional consultation is carried out either by the Scottish Government or relevant public bodies. Any additional work to seek information would likely delay decisions on proposals for new bathing waters.

Sections 5.1 to 5.4 provide further guidance on the various factors that the Panel should consider when reviewing proposals for bathing waters and reporting to Ministers. None of these factors in themselves would preclude Ministers from taking a decision to designate a bathing water. But Ministers are required to consider whether a large number of people is expected to bathe at the site, having regard to past trends and infrastructure or facilities provided, or other measures taken, to promote bathing. Therefore it will be helpful for Ministers if the Panel considers and reports on the factors set out below.

5.1. Number of bathers

The Panel should consider whether there is evidence that a large number of bathers use the site and consider any past trends.

In this context, bathers are defined in the Bathing Water Directive and the Bathing Waters (Scotland) Regulations 2008 as both swimmers and paddlers. At a coastal beach, this would be swimmers and paddlers in the sea; if the proposed site was a river, this would include swimmers and paddlers in the river channel, including any gravel or sand in the river channel. It does not normally include anyone not in the sea or river channel, for example those on the beach or on riverbanks, but consideration should be given to those who clearly intend to or have used the water.

Generally, a large number of people should be considered to be around 150 people per day using the water for bathing regularly throughout the season. However, Scottish Ministers have discretion on how to apply this. The Panel may wish to comment on whether there are particular circumstances which apply to a bathing water being proposed where Ministers may wish to apply their discretion. For example, the Panel may want to comment on the accessibility or location of the beach, size of the local population and expected changes in the near future (e.g. if access is likely to improve and increase bather numbers) or there may be other circumstances which the Panel would want to draw to the attention of Ministers.

5.2. Infrastructure and facilities

The Panel should consider the infrastructure or facilities provided, particularly where these could support bathing. Considerations could include things such as parking and toilet facilities as well as commercial facilities for example.

5.3. Safety considerations

The Panel should consider, where possible, other public safety issues and/or provision at this location. This could include for example, swimming hazards, provision of lifeguards or first aid stations, and other water users.

5.4. Local authority, landowner and wider support

The Panel should comment on whether the proposal demonstrates relevant local authority support for the application; this could be a comment on its overall support, in light of local authority responsibilities at designated bathing waters, and in the context of other factors listed in this document, for example, parking facilities, provision of other facilities and management of incidents.

The Panel should consider the evidence provided of community engagement and support for the designation of the proposed bathing water. In particular, it would be helpful if the Panel could comment on who may be most affected by the designation of a new bathing water, for example from a potential increase in visitor numbers, and whether there is evidence of support from these stakeholders.

The Panel should also comment on whether the proposal contains evidence that relevant landowners support the proposed designation. If a bathing water is designated, a landowner would be expected to allow access to the site, including for the local authority to display signage. A landowner is also required to inform SEPA if they become aware of exceptional circumstances or certain types of pollution at a designated bathing water.