Proposal in relation to the designation of a bathing water under the Bathing Waters (Scotland) Regulations 2008

Please submit your proposal form by email to bathingwaters@sepa.org.uk by 30 September for consideration for designation the following year.

Section 1 Details of person or body proposing a bathing water

Contact Name
Organisation

Section 2 Ownership of the proposed bathing water

Are you the Owner ?	Y/N
Are you the Leaseholder?	Y/N

Section 3 Location of proposed bathing water (see Note 1)

Name of proposed bathing water
Address
Local Authority Area
National Grid reference

Section 4 User Survey for Beaches or River Channels (see Note 2)

This table enables information to be presented about the number of users of a proposed bathing water so that Scottish Ministers can assess whether a large number of bathers is expected to bathe there. Please provide details of numbers of bathers and water users. You should include people both swimming and paddling as bathers. If the proposal is for a stretch of river, please provide evidence of numbers of bathers in the river channel area. The river channel includes any gravel or sand banks in the channel but does not include people on the banks. See note 3 below for the types of information which can be submitted with your proposal to provide evidence of the details you enter in the table below.

Name and organisation of people who undertook survey
Survey	Date	Start and end time	Bathers (paddling or swimming)	Other water users	Beach users (not required for rivers)	Weather
1
2
3
4
5
6
7
8
9
10

Please include, where relevant, details of any organised events.

Date	Annual Event/ Festival name

Section 5 Facilities at the proposed bathing water (see Note 3)

Facilities present at the site that support and promote bathing	Assessment	Detail
Public toilets	Y/N
Changing facilities	Y/N
Parking provision	Y/N
Regular public transport links to the beach	Y/N
Lifeguards	Y/N
First aid service	Y/N
Cafes/shops/kiosks	Y/N
Regular beach cleaning	Y/N
Markers indicating bathing areas	Y/N
Bathing promotional material (leaflets/signs/website)	Y/N
Beach or seaside award	Y/N
Other (not listed above)

Section 6 Past trends

Detail any evidence of past trends on use of the site for bathing

Section 7 Information about local consultation on proposed bathing water (see Note 4)

Have you carried out any local consultation in relation to the proposed bathing water?
If you have carried out any local consultation, please provide details.

Section 8 Support for the proposed bathing water (Note 5)

Have you contacted the local authority about the proposed bathing water? If you have answered yes to this question, please provide copies of any letter of support from the local authority.	Y/N
If the site of the proposed bathing water is privately owned, have you contacted the owner or the leaseholder about the proposed bathing water? If you have answered yes to this question, please provide copies of any letter of support from the owner or the leaseholder.	Y/N

Notes

Note 1

Please include a map showing the extent of the proposed bathing water, marking facilities specifically appropriate for bathers. The proposed bathing water should be the area used by a large number of bathers.

Note 2

Under the Bathing Water (Scotland) Regulations 2008, Scottish Ministers designate bathing waters where they expect a large number of people to bathe, having regard to past trends and infrastructure and facilities provided, or other measures taken to promote bathing. Generally around 150 people per day using the water for bathing regularly throughout the season would likely be considered a ‘large’ number of bathers; however Scottish Ministers have discretion as to what would be a large number and could in some circumstances designate a bathing water where fewer than 150 bathers are expected per day.

You should provide spot surveys of users which have been carried out:

for a minimum of 10 days.

at regular intervals throughout the typical bathing season (1st June to 15th September) rather than on consecutive days

at peak use times (such as weekends, bank holidays and school holidays).

at the time of day when the highest numbers of users would be expected (e.g. warmest part of the day, 11am - 3pm).

Regular annual events and beach festivals can be included in the spot surveys and you should indicate on which survey day the event occurred and give the name of the event.

User counts should be well-evidenced by photography and/or drone footage, showing the whole area where most people bathe and demonstrating large numbers of bathers. One or two photos, labelled with date and location, should be submitted per day of the survey taken at the busiest time of day. Photography and drone footage, if used, should be taken far enough away so that people cannot be identified.

In relation to rivers, riverbank users are not required to be recorded, only those in the water.

In relation to seaside beaches, reasonable judgement should be made about those who count as a bather. A person thought to have the intent to swim/paddle or moving towards or away from the water should be counted as a bather. Those who are unlikely to access the water to bathe (i.e. dog walkers or those picnicking) should not be counted. Other users in the water should include those kayaking, boating, etc. Each bather should be counted only once; therefore anyone re-entering the water should not be counted again.

Note 3

Details entered in the third column of the table should include a general description of the facility (e.g. location, frequency of services, operating hours etc).

If there is beach cleaning and life guarding, please indicate who provides these services.

If there is car parking, please indicate numbers of spaces and whether they are paid or free of charge.

Note 4

Scottish Ministers have to ensure that the public, the appropriate local authorities, the relevant health board, SEPA, and any other public body with an interest in any proposed bathing water are given early opportunities to participate in the establishment of the list of bathing waters. Therefore it is helpful if a person proposing a bathing water for designation can provide information about any consultation which has already been undertaken.

If you have carried out a consultation, please submit details of any local consultation that has been undertaken including:

how the consultation was conducted,

who has been consulted,

how many responses were received,

the range of responses,

how you ensured a cross-section of opinions were captured.

All written responses/comments to the consultation should be collated into one document. If you have carried out a consultation, a copy of the consultation document and a copy of the document with the consultation response should be provided with your proposal form.

If you do carry out a consultation, interested groups for the purpose of a consultation might be:

Bathers

Relevant local authority

Land owner(s) (if relevant)

Other water users

Owners and operators of nearby waterside businesses e.g. cafes/shops

Community council

Local tourist offices

Local residents

Local environmental groups

Experts in safety for outdoor swimming

Note 5

It is not a requirement for anyone proposing a bathing water to contact local authorities or landowners about a proposal. However, given the responsibilities of local authorities and landowners in relation to designated bathing waters, local authorities and landowners will be involved at some stage and it is therefore helpful if a person proposing a bathing water for designation can provide information with a proposal showing the support of local authority or a landowner.

If a bathing water is designated, a landowner will be expected to allow access to the site, in particular 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. A landowner can therefore be asked to provide a letter of support for the designation.

If a bathing water is designated, the local authority will have the responsibilities as detailed below:

They are required to display publicly-accessible signage at bathing waters showing information from SEPA oni;

the water quality classification,

a general description of the bathing water, and

information indicating if the bathing water is likely to be subject to short term pollution.

They are responsible for keeping amenity beaches - those areas of beach adjoining an identified bathing water - free from litter under the Environmental Protection Act 1990ii

When required by SEPA they must perform beach management duties as outlined in the Bathing Water Regulations such as;

posting temporary signage in the case of a pollution event or blue-green algae presence,

removing materials on beach which are risks to health.

They must consider the provision of appropriate infrastructure (such as public transport provision, parking and toilets).

If a letter of support is provided from a local authority, then it would be helpful if it is at an appropriate level of seniority, for example the CEO, and it states that they accept the local authority responsibilities as detailed above.

i The Bathing Waters (Scotland) Regulations 2008 (Regulation 8 - Public Information). The local authority must ensure that information about a bathing water, as specified in the Regulations and provided by SEPA, is available during the bathing season on a publicly accessible sign, for which the local authority is responsible for erection, maintenance, and update.

ii The Bathing Waters (Scotland) Regulations 2008 (Regulation 16 – Management measures at bathing waters affected by other pollution) When pollution takes the form of tarry residues, glass, plastic, rubber or any waste, the local authority must take such action as is necessary in order to remedy or mitigate the effect of the pollution within 7 days of becoming aware of it.

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