North Yorkshire Council
Scarborough and Whitby Area Committee
5 June 2026
Extraordinary meeting on bathing water quality (23 March 2026)
Responses to the Area Committee’s recommendations and requests for further information
RECOMMENDATIONS
Scarborough and Whitby Area Committee concluded the extraordinary meeting held on 23 March 2026 by making the following recommendations based on the evidence received during the meeting.
Resolved that the committee:
1. Makes the following recommendations to North Yorkshire Council
That the council:
(i) routinely arranges testing of the sand on the South Bay before moving it from the West Pier to the Spa;
(ii) gives consideration to commissioning Professor Darren Grocke to undertake further studies;
(iii) investigates the impact of cleaning the streets of guano - where does the water go? Does it go into treatment works or does it go into run-off and straight into the sea?
(iv) involves the Environment Agency in ongoing work on the new Gull Strategy so the EA can assess any possible impact on bathing water quality;
(v) writes to the Minister of State for Housing and Planning to request that relevant water companies be statutory consultees on planning applications;
(vi) ensures that landfill sites, both used and closed, close to waterways are checked for leach;
(vii) ensures that the emerging Local Plan has policies that (a) develop SUDS (Sustainable Drainage Systems) strategies and (b) require grey water recycling on all new builds;
2. sets a date for Yorkshire Water to attend to update the committee on their plans and work programme; and
3. seeks involvement in the creation of Yorkshire Water’s new Stakeholder Group to ensure the Stakeholder Group is representative and all interest groups are consulted.
The following responses have now been received for each of the seven recommendations to the council:
(i) No routine testing, however we will be testing going forward; this year samples were taken prior and post the sand movement and are currently with the EA for testing.
(ii) We are currently speaking with Professor Grocke around supporting his work further, with him currently drafting a proposal.
(iii) An environmental/climate change impact has been carried and approved by the management board/cabinet as part of the Urban Gull Strategy. This included a section on the assessment of the risk of guano jetting ‘run off’ on bathing water/sea water. Whilst we currently do not have specific information as to the outfall location(s) of the guano jetting ‘run-off’, we equally do not have evidence to suggest that it is entering directly into the sea. However this will be kept under review.
(iv) NYC consulted the Environment Agency (EA) as part of the stakeholder engagement during the preparation of the Urban Gull Strategy (UGS). Whilst the principal aims and objectives of UGS relate to gull management on land, we have ensured that the EA’s comments with regard to bathing water have been assessed as part of the Environment and Climate Change assessment protocol. The lead officer for the UGS attends regular meetings with Yorkshire Coast Urban Gull Partnership (YCUGP) of which the EA is a member and provides updates on the progress of the UGS project. The EA therefore has the opportunity to raise questions with respect to gulls and bathing water. I would reiterate that the UGS is focused primarily on the management of gulls on land and therefore any actions contained within it are not intended to relate to bathing water quality.
(v) We already consult Yorkshire Water where we believe this appropriate and necessary. On that basis it is unclear what benefit would be derived from requesting that water companies become statutory consultees.
(vi) A local authority monitors a closed landfill where there is a credible risk to controlled waters, receptors, or property, or where regulatory obligations (e.g. permit aftercare or Part IIA inspection duties) apply. Monitoring is typically driven by landfill gas and leachate risks, redevelopment triggers, or complaints, and may continue for decades depending upon site-specific conditions. Typically, monitoring stops when there is confidence that there are no longer any issues with a site.
(vii) Emerging National Planning Policy requires that Local Plans do not replicate national policy. In the draft National Planning Policy Framework, proposed policy (F8) requires that schemes should incorporate sustainable drainage systems that: reflect the scale of the development, be designed in accordance with national standards for drainage and facilitate improvements to water quality, amenity and biodiversity. They should also have maintenance arrangements in place, and in the case of proposals for major development, take account of advice from the Lead Local Flood Authority.
The Local Plan will not be able to develop different SUDs strategies but will instead look at proposed allocations to explore how best to implement requirements on a site-by- site basis.
Grey water recycling is required by neither national planning policy nor by building regulations, making it difficult to take forward in principle. Optional technical standards on reduced water usage can be brought forward into local plans if they are in an area of water stress, and we will be consulting on this in due course. However, grey water recycling is not an explicit part of those optional technical standards. Using such an approach in new developments would need to be explored through the preparation of the Local Plan and taking feasibility and/or viability considerations into account.
Members’ requests for further information
In addition, Members made the following requests for further information during the meeting.
Sea Life Centre - Sea Life Centre data on sea water quality
At SEALIFE Scarborough we use about 2m litres of seawater a year. The principal usages are the Seal Enclosure, Penguin Enclosure and the tanks inside the aquarium such as Quayside and Sandbanks. These are managed by a specialist team of aquarists and are subject to inspection, regulatory oversight, recommendations and directives from the Zoo Standards Authority.
We test the water in our seal and penguin pools monthly after is has gone through a filtration process. We test incoming seawater, roughly every six months, although this is not mandatory.
Water Source
Seawater is taken directly from North Bay, via a pipe extending directly from the front of the building.
For the seals and penguins, seawater is pumped directly into these pools. For the internal tanks the water is first filtered for 24hrs using a pressurised sand filter and UV process.
For freshwater displays, (examples of these can be found in an area called Rain Forrest) the source of the water is direct feed mains water? The same applies to the pond in the Otter Enclosure which was rebuilt in December 2025?
Filtration
For the seal and penguin pools seawater is pumped directly into these systems from North Bay; we then have multiple large sand filters and UV which filters out the particulates from the water and kills off the Algae and any bacteria in the water.
Testing
Test 1. We test the water monthly in our seal and penguin pools. The water samples are tested and verified by the third-party contractor.
The monthly testing covers – total coliform counts, E.coli, TVC (total viable counts for bacteria) at different temperatures, alongside other specific bacterium types.
For example, a recent test relating to the seal pool taken from 1 litre water in sterile thiosulphate 20 mg/l HDPE bottle, confirms total coliforms 10 c.f.u/100ml.
The criteria for acceptable water quality stipulated in the Blue Flag programme for beaches is:
a) The total coliform counts should not exceed 1000 cfu/100 ml
b) It is best practice to keep total coliform counts below 500 cfu/100ml
Test 2. We test incoming seawater roughly every six months. The water samples are tested and verified by the third-party contractor.
A test, dated June 2025, relating to the seal pool taken from 1 litre water in sterile thiosulphate 20 mg/l HDPE bottle, confirms total coliforms 10 c.f.u/100ml.
According to the EAAM Standards and Guidelines for the management of aquatic mammals under human care (version March 2019), guidance in aquatic mammal pool water is:
a) The total coliform counts should not exceed 1000 cfu/100 ml
b) It is best practice to keep total coliform counts below 500 cfu/100ml
Records
All data is retained following zoo standards for a minimum of 7 years. Note: we started bacteria testing more consistently about 6 years ago.
Supply
We supply seawater to third parties including SeaGrown and in the past the University of Hull.
SEALIFE Scarborough does not have any information about pollution levels in sea grass. This would be a question for Professor Grocke who undertook the kelp project on the Yorkshire Coast or for SeaGrown.
Environment Agency
The EA has provided a copy of the Scarborough Investigation Report 2024 and report summary (both attached) referred to at the extraordinary meeting.
Differences between the EA’s investigation and that of Professor Grocke’s investigation of N-isotopes in seaweed
As presented by the EA our investigation found that:
· Seabirds were a consistent contributor to the bacteria we measure as part of the Bathing Water Regulations requirements at both Scarborough South and North bathing waters – the former site having a magnitude greater concentration of markers than the latter, but they were present in numbers at both.
· The presence of the markers was established through the use of Microbial Source Technique (MST) analysis of the bacteria present in the water samples collected at the sampling points at Scarborough North and Scarborough South and further confirmed through use of bacterial community profiling analysis.
· As we understand it seaweed samples were not obtained from the bathing water sites as seaweed does not grow at these locations, so this could not be compared with Professor Grocke’s investigation findings.
· Seabird markers were also found in water samples taken in Scalby beck but analysis of the bacteria in these samples showed that human and ruminant markers were in much greater concentrations here, compared with both seabirds and the water taken at the bathing water sites.
· The dominance of human and ruminant markers found using the EA’s investigative techniques would be supportive of the findings of Professor Grocke’s work in the beck.
· Bacterial community profiling also showed that Scalby Beck did have some influence on water quality at the bathing water sites, although this was limited and coincided with periods of wet weather and was greater at Scarborough North than Scarborough South.
Although it should be caveated that we are yet to see any detailed findings from Professor Grocke’s work we thought it would be useful to clarify the differences between the two investigations and locations and types of sampling.
Pollution Risk Forecasting at Scarborough South
Due to the improvements made to the McCain Foods effluent treatment system and subsequent large reduction in the concentration of bacteria being released into the North Sea from the site, it was agreed that the previous pollution risk forecast model would no longer be representative of the water quality at the site. Therefore, to be confident of generating a more accurate model would require the exclusion of any water quality data collected prior to the start of the 2024 season (and the completion of the works).
However, as this would mean that there would be only 2 years of sampling data to run a model for 2026, this would not be sufficient to reliably inform any predictors.
Any model using data collected prior to 2024 was not thought to be representative of current water quality at the site.
Pollution risk forecasting was withdrawn from Scarborough South due to the very low confidence of the model to accurately predict issues with water quality.
Yorkshire Water
Details of the scheme for giving sewage sludge to farms
Yorkshire Water operates a regulated scheme that allows treated sewage sludge, referred to as biosolids, to be safely recycled to agricultural land. Yorkshire Water remains responsible for the material until it has been fully spread to land, and every stage of the process is governed by strict environmental, agricultural and food safety requirements.
The scheme is founded on national legislation, including the Sludge Use in Agriculture Regulations. These regulations require routine testing of both soils and the sludge itself to ensure that contaminant limits, particularly metals, are not exceeded. Detailed records must be kept for every application, including the location, the quantity applied and the quality of the material used. Yorkshire Water is also audited each year by the Environment Agency to ensure compliance.
Alongside the regulations sits the Government’s Code of Practice for the use of sewage sludge in agriculture. This provides guidance on how producers should store, manage and apply sludge in a way that prevents environmental pollution and avoids creating nuisance. It also sets out what good practice looks like for farmers receiving biosolids and describes the monitoring of Potentially Toxic Elements in line with food safety expectations.
Yorkshire Water may store sludge temporarily on land close to where it will be used under what is known as an S3 exemption. This works in a similar way to a permit and includes strict controls on how long the material can be stored, the quantity that can be placed there and how far it must be from nearby watercourses.
All activity must also comply with the national Farming Rules for Water. These rules state that biosolids cannot be applied in quantities that exceed the nutrient needs of the crop and they must not be applied where there is any risk of run off into watercourses, such as on steep slopes or waterlogged ground. Approved contractors are responsible for spreading the material and must complete checks before and after application, considering soil conditions, weather forecasts, the condition of land drains, incorporation timings and odour. These checks ensure that spreading is done safely and responsibly.
The industry wide Biosolids Assurance Scheme brings all of these requirements together into one independently audited framework. Under this scheme, Yorkshire Water must use verified treatment processes, carry out regular sampling of sludge and soils, maintain robust record keeping systems and complete risk assessments and compliance checks before any material is delivered. Nutrient and metal loadings must be tracked over a ten-year period to ensure limits are never exceeded. Stockpiles must be inspected regularly, and all activity must take into account designated areas such as Nitrate Vulnerable Zones and Sites of Special Scientific Interest (SSSI). The scheme requires both internal and external audits to demonstrate full compliance.
Farmers receiving biosolids are provided with a Safe Sludge Matrix, which explains which crops can be grown where biosolids have been applied. This ensures full alignment with national food safety regulations and helps farmers plan their rotations responsibly.
Yorkshire Water also provides customers with detailed information on the nutrient content of the biosolids they receive, as well as records of previous soil additions over time. All spreading activity is carried out only by approved contractors and all land must meet environmental and regulatory requirements before any material is applied.
In the specific area around Scalby Beck and the Scarborough coast, Yorkshire Water’s records show that some fields have never received biosolids, some have had occasional applications dating back to 2013 and others received material mainly in 2017 and 2018. One field received biosolids in 2024. There are currently no Yorkshire Water biosolids stored in this area awaiting application, although it is possible that another water company may have material present.
Data on the number of spills from Scarborough’s five CSOs
Please see the chart below for the number of spills from Scarborough’s 5 CSOs in the last full year (2025):
Additionally, live discharge information is available on our website through an interactive map. Every CSO in our network is shown, along with a simple key that indicates whether it is discharging now, whether it has recently operated and so on. The map is available on our website and the information is updated in near real time (there is about a one hour delay).
Details of the operation of the sluice valves at Aquarium Top and Peasholm Park in relation to pollution prevention
Peasholm Park
There is no sluice valve owned or operated by us at Peasholm Park. We do, however, own an underground storage tank located near the Corner Café, which was constructed in 2015. If this is the asset being referred to, we are happy to provide a fuller description of its purpose and operation on request.
Separately, the sluice valve at Peasholm Park is owned and operated by North Yorkshire Council. This structure functions as an overflow for Peasholm Park Lake and comprises two chambers.
The first chamber allows lake overflow to discharge into a surface water sewer. This sewer discharges to the environment via our short sea outfall located at the Corner Café in North Bay.
The second chamber provides a route for overflow to enter the combined sewer network, which flows to Scalby Mills and onward to the sewage treatment works for full treatment. This chamber remains closed during normal operation and would only be used in an emergency situation.
NYC additional information:
Peasholm outfall is owned by NYC and there are two outfalls in the chamber. One goes through Peasholm Gap to the short sea outfall, the other is connected to the YW combined sewer. This outfall is closed and must only be used in an emergency and then only with the permission of YW as it could have significant implications to the YW sewerage system. Part of the work of the Technical Advisory Group (TAG) on which NYC is represented is investigating all sources of pollution into the North and South Bay in Scarborough.
The short sea outfall on the beach is only uncovered at very low tides and some samples have been taken by the EA last year.
We have water quality monitoring equipment in the outfall of Peasholm Park Lake and in Peasholm Glen which is monitoring the quality of the water coming into Peasholm Lake. This is done using an automatic testing device (a sonde) supplied by the EA.
We are finding increased bacterial levels at both locations. So far we have found two missed connections into Woodland Ravine which are being dealt with jointly by the Environment Agency and NYC Environmental Health.
Aquarium Top
The sluice valve at Aquarium Top refers to the flap valve that is connected to the Aquarium Top combined sewer overflow. Any discharge from this outfall flows across the beach and enters the North Sea.
This combined sewer overflow has operated only once since 2023. Its performance can be monitored in real time via our EDM live interactive map, which provides transparency on discharge activity (link above).
Further details of the process for the adoption of wastewater assets such as sewer pipes in new housing developments, with particular reference to West Garth, Cayton, the sewer assets of which had not yet been adopted.
Planning and development
When a developer proposes a new property, extension, or housing development, planning permission is determined by the Local Planning Authority. We are not a statutory consultee in this process, and there is no automatic requirement for either the Local Authority or the developer to consult Yorkshire Water.
However, where we are aware of a large, proposed development and believe there may be a risk to the capacity or performance of our networks, we may submit comments to the planning application in the same way as any other organisation or individual. It is then for the Planning Authority to decide whether the development can proceed and under what conditions.
Once a property is built, it has a legal right to connect to both the clean water and wastewater networks. Where development leads to increased demand, it is our responsibility to plan and deliver any necessary network reinforcement. For example, in North Yorkshire we are constructing an additional rising main and new pumping stations to support planned growth in the Harrogate area.
Adoption of sewer and water assets
After a development is completed, we can adopt the sewer and clean water pipes, but only once they meet the required adoptable standards. This means the developer must demonstrate that the assets are in good condition, constructed to the correct specifications and gradients, and capable of conveying the required flows.
We will not adopt assets that do not meet these standards. Until adoption takes place, responsibility for maintenance and repair remains with the developer or, in some cases, the homeowners, depending on the private arrangements in place. This approach ensures that bill payers are not required to fund the upkeep of private assets.
West Garth development
In relation to West Garth, although the development is approximately 12 years old, the sewer assets have not yet been adopted because they do not currently meet the required standards.
A Section 104 agreement has been in place since 2015. While we cannot go into detail on the specific technical issues that are preventing adoption, these matters will have been identified through site inspections and formally raised with the developer. It is the developer’s responsibility to carry out any necessary remedial works.
The adoption process is developer led, and the timing of remedial works is at their discretion. As a result, we are unable to provide timescales for when the outstanding issues will be resolved.
Once the remedial works have been completed, the developer must arrange a Pre Maintenance Inspection. If this inspection is successful, a Provisional Certificate will be issued and a 12-month Maintenance Period will begin. Provided no defects arise during this period, and all outstanding legal matters are resolved, the sewers will be adopted by Yorkshire Water at the end of the Maintenance Period.
PUBLIC QUESTIONS NOT CONSIDERED AT THE MEETING
Why does this meeting not also include the water quality at Whitby in both the Esk and the North Sea when only one of our beaches/bathing areas meets bathing water standards and we are still seeing continued sewage discharges into these two water bodies?
NYC reply
This was an extraordinary meeting convened for a specific purpose: to review bathing water quality in the North Bay and South Bay, Scarborough for the reasons set out in the covering report on the agenda. The report reflects the importance of the issue to Scarborough, community pride and local economy, and outlines the complex challenges regarding bathing water quality in the North Bay and South Bay and how agencies are responding.
Who in Whitby is involved with the Yorkshire Bathing Water Partnership, and what are our Councils and relevant agencies doing to protect our water quality in the River Esk and the North Sea?
NYC reply
The Yorkshire Bathing Water Partnership works to improve coastal designated bathing beaches. The partnership comprises technical officers from North Yorkshire Council, Yorkshire Water and the Environment Agency, and these agencies work together in managing bathing water quality in Whitby. For the River Esk and North Sea water quality, we would direct you to the Environment Agency.
How is sewage allowed to continually discharge into the River Esk, which runs through the NYMNP, North Yorkshire’s only principal Atlantic salmon river and more crucially supporting a small and endangered population of freshwater pearl mussels, the last remaining in Yorkshire and a big focus for the catchment area protection? We also have residents and tourists entering the water at a number of sites including Tate Hill beach, Lealholm, plus the rowing clubs, paddle boarding, canoeing and rowing boats entering the water between the harbour and Sleights.
Yorkshire Water reply
Combined Sewer Overflows
A combined sewer overflow, known as a CSO, is a planned feature of older combined sewer systems where rainwater and wastewater travel in the same pipes. These systems were built many decades ago and were designed with CSOs as a safety mechanism. During periods of heavy rainfall, when the sewer network reaches full capacity, CSOs operate to provide a controlled release point. This allows heavily diluted stormwater and wastewater to discharge into the environment, which prevents sewage from backing up into homes, streets and properties. In this way, CSOs act as a pressure relief valve to protect communities from flooding and sewage escapes.
Although CSOs play a vital role in managing excess flows in the network as it currently exists, we fully recognise that their operation must be reduced over time and we acknowledge that we were too slow to act in reducing their use. Most CSOs were built before the water sector was privatised, and for reassurance, we do not build CSOs on modern networks. However, as an industry we were too slow to adapt the way older networks operate in response to population growth, climate change and customer expectations.
Across the Yorkshire region we are now delivering a significant programme of work to tackle this. Between now and 2030 we are investing £1.5bn to reduce the environmental impact of CSOs. There are more than two thousand CSOs across the region and many of them will require large, complex engineering solutions. This means improvement will take time and, regrettably, we cannot fix every CSO overnight, but substantial progress is underway.
In relation to the Esk specifically, there are a number of CSOs that discharge into this watercourse. The chart below shows how these assets have operated between 2023 and 2025.
The coastal programme, which is our investment programme along the Yorkshire coast, aims to reduce CSOs from discharging as much as possible. It is already underway in some areas of the region. Where there are no bathing waters, the aim is for the CSO to discharge no more than 10 times per year and where there is a bathing water, the aim is for the CSO to discharge no more than twice in a bathing water season, and a maximum of 10 times overall across the year. This is per our regulatory targets.
If a CSO is discharging when it is not raining, or when there is no snowmelt or other weather conditions that would increase flows, this can indicate a problem and should be reported to us. We were concerned to hear at the Area Committee meeting that a CSO may be “continually” discharging. Our monitoring systems have not identified any asset operating in this way, so we would be grateful for any further detail that can help us pinpoint the location and timing.
In general, and specifically where more information is provided, we will investigate to understand why a CSO has discharged when it is not expected to do so. Where possible, we will take action to resolve the issue, which may include repairing a sewer, clearing a blockage or addressing another operational fault. In some cases, unexpected discharges can be caused by a misconnection, where a private property has been wrongly connected to the network. On other occasions, a member of the public may have misidentified a different outfall. There are several surface water outfalls, for example, that carry only rainwater from pavements and land drainage back into the environment, and these can sometimes be mistaken for CSOs.
Biodiversity in the Esk – Atlantic Salmon and Fresh Water Pearl Mussels
As you are no doubt aware, the River Esk and its coastal streams support some of the most ecologically valuable habitats in North Yorkshire, flowing through moorland, woodland and farmland before reaching the sea at Whitby. It is North Yorkshire’s only principal Atlantic salmon river and supports the last remaining population of endangered freshwater pearl mussels in Yorkshire. This makes the catchment an essential focus for targeted biodiversity and ecology programmes.
Yorkshire Water have undertaken a lot of work to support biodiversity and ecological recovery in the River Esk, particularly in relation to Atlantic Salmon and Freshwater Pearl Mussels. Both species are of exceptional conservation importance and face a wide range of pressures, many of which extend far beyond the water industry. That said, we recognise that we have an important role to play and are investing significantly in work that protects and enhances these populations. Below is an outline of the work underway.
Atlantic Salmon
Atlantic Salmon are now classified as Endangered in Britain and are experiencing long term decline. They face a wide array of pressures including sewage, climate change, land management practices, by catch at sea and the spread of invasive species. While many of these pressures sit outside the direct control of the water sector, we are committed to addressing those risks that we can influence.
Our River Resilience Manager is leading Yorkshire Water’s involvement in the Great Yorkshire Rivers Partnership, which brings together the Environment Agency, the North York Moors National Park Authority and thirteen other organisations. The Partnership’s shared vision is to remove all remaining fish migration barriers across Yorkshire by 2043, giving salmon and other migratory species access to suitable feeding and spawning habitats.
More than £11m has already been secured for the period 2025 to 2030, with Yorkshire Water as one of the principal financial contributors. This work forms a significant part of our wider programme to improve water quality, tackle barriers to fish passage and restore ecological resilience.
Freshwater Pearl Mussels
Freshwater pearl mussels are critically endangered and survive only in the cleanest, low nutrient rivers. They are extremely sensitive to pollution (from the water industry or otherwise), sediment from land run off, nutrient enrichment and climate related pressures. We are an active partner in the Esk Pearl Mussel Strategy, working alongside the Freshwater Biological Association, the North York Moors National Park Authority and the Environment Agency.
Our support includes funding long term water quality monitoring, investing in infrastructure upgrades that reduce pollution risk, restoring habitat conditions within the catchment and contributing to the captive breeding programme at the Freshwater Biological Association’s facility in Windermere. This breeding work is essential because the natural population in the Esk is ageing and recruitment in the wild is extremely limited.
Further freshwater pearl mussel recovery work will continue to be funded between now and 2030 as a minimum. This includes maintaining the captive breeding population of Esk derived mussels, delivering targeted water quality and habitat interventions, and ensuring that the needs of this species are properly considered within Yorkshire Water’s internal decision making. This work is guided by the Esk and Coastal Streams Freshwater Pearl Mussel Sub Group and the Biodiversity Steering Group involving the Environment Agency and Natural England.