Guidance

De-designate a bathing water: guidance on how to apply

Updated 13 May 2024

Applies to England

The Bathing Water Regulations and application guidance are being revised. During this time, Defra is not currently accepting applications for bathing water de-designation.

We expect to begin accepting applications again in spring 2025.

Anyone can apply to de-designate a bathing water.

You can apply to de-designate a bathing water if the site is no longer used for bathing, for example because it is difficult to access.

This guide will help you fill in the de-designate a bathing water application form.

Bathing water de-designation: criteria it must meet

For a site to be eligible for de-designation, it must be used by an average of less than 100 bathers a day during the bathing season (15 May to 30 September).

What to include in your application

To apply to de-designate a bathing water you must fill in the de-designate a bathing water application form.

The application form asks you to include:

• a letter of support for de-designation from the local authority (and each landowner, if the land is privately owned)
• the number of bathers on 2 days when the site is at its busiest
• photographs of the site when you counted the number of bathers
• results from a local consultation about your proposal to de-designate the site as a bathing water

Number of bathers

Do user surveys on 2 days during the bathing season to count the number of people bathing. Record the results on your application form.

For a site to be eligible for de-designation, it must be used by an average of less than 100 bathers a day during the bathing season (15 May to 30 September).

You should do the user surveys during weekends, bank holidays and school holidays, when the site is at its busiest.

Do not include other water users such as paddleboarders or kayakers.

Do your user surveys for up to 4 hours at the busiest times of day. The 4 hours can be consecutive but do not need to be. For example, you can:

• survey the site for an hour at a time at different times throughout the day
• survey the site for 4 hours in one go

Defra will use your surveys to calculate the average daily number of bathers.

You must:

• do the surveys in person (anyone can do the surveys, it does not have to be the person who applies)
• provide a photograph of the site taken during each survey
• record the results from your surveys on your application form

Do not do surveys on days when organised events are being held, such as festivals or swimming races and competitions.

Photographs

You must take a photograph during each survey to provide evidence of the number of bathers. Include each photograph with your application.

Photographs must:

• be taken at the busiest time of day
• be taken far enough away so that people cannot be identified
• show the whole area where most people bathe
• be marked with the date, time and location

If people can be identified in a photograph, do not include it in your application.

How to do a consultation

Before you submit your application, you must do a consultation to get views about your proposal from as many local people, organisations and businesses as possible.

Find out how to do a consultation.

You must tell people that if the bathing water is de-designated:

• it will be removed from the list of designated bathing waters
• the Environment Agency will stop monitoring bathing water quality at the site
• no further improvements will be made to improve bathing water quality at the site

Your consultation must be open during the bathing season in the same year you submit your application, for at least 6 weeks. It does not have to be in a specific format.

You could ask for people’s views:

• on a website
• by post
• by email
• at local meetings or events
• in local media
• on social media

You must give the following stakeholders the opportunity to respond:

• landowners
• local authorities such as the parish, borough, district or unitary authority (if they are not the applicant)
• bathers and local bathing groups
• owners and operators of waterside facilities and businesses
• residents
• chamber of commerce
• tourist office
• environmental organisations
• farming businesses or a farming representative body – if the site is on a river, include farmers upstream of the bathing water

Other people you may want to consult include:

• water users and water sports clubs
• visitors
• business representative groups
• civic groups

You should try to include as many of these stakeholders as possible in your consultation.

Make sure that everyone who responds to the consultation knows that their data and responses will be included in an application to de-designate the bathing water. Do not list the names of organisations, businesses and individuals that ask to remain anonymous.

When to submit your application

Submit your application form and supporting evidence by 31 October for the site to be considered for de-designation in the next bathing season.

After you submit your application: Defra consultation

Defra will hold a public consultation on all applications that meet the criteria and evidence requirements for bathing water de-designation.

Defra will invite the following stakeholders to respond to the consultation:

• the water company and local police for the area
• British Long Distance Swimming Association
• Consumer Council for Water
• Country Land and Business Association
• Marine Conservation Society
• National Farmers Union
• Outdoor Swimming Society
• Royal Agricultural Society of England
• River and Lake Swimming Association
• Swim England
• Tenant Farmers Association
• UK Beach Management Forum
• Visit England

Final decision

Defra ministers will make the final decision on whether a site can be de-designated as a bathing water.

Defra will notify the outcome, and the reasons why, to the:

• applicant
• landowner
• local authority
• water company

Defra will aim to do this as soon as possible after they receive your application and by 30 April at the latest.

Defra will publish a summary of the outcome and the responses to the public consultation on GOV.UK.

You cannot appeal against the outcome, but you can reapply for the site to be de-designated as a bathing water.

If the bathing water is de-designated

If the bathing water is de-designated:

• it will be removed from the list of designated bathing waters
• the Environment Agency will stop monitoring bathing water quality at the site
• no further improvements will be made to improve bathing water quality at the site
• the local authority must remove any signs that refer to the site as a bathing water

Water quality will continue to be protected by the:

• Urban Waste Water Treatment (England and Wales) Regulations 1994
• Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
• Marine Strategy Regulations 2010

Get help

Email [email protected] if you need help with your application.