First-of-its-kind community legal action over sewage spills - as campaigners head to Downing Street

The Government says, ahead of receiving the petition, 'the public are furious that in 21st century Britain record levels of sewage are being pumped into our rivers'

Exmouth beach, which locals say was deserted during peak times of this Summer's tourist season due to pollution
Author: Andrew KayPublished 10th Sep 2024
Last updated 10th Sep 2024

A Devon swimmer has today presented an almost 50,000-strong petition to Downing Street - calling on the Government to stop allowing pollution to be dumped in our rivers and seas.

It comes as residents and businesses in one Devon town are joining what could be the biggest joint legal challenge ever against a water company's pollution.

Jo Bateman, 62, from Exmouth, was already looking to take legal action against South West Water over repeated incidents - which she says have made her ill and stopped her swimming.

Across Exmouth a number of businesses and community groups are now joining Jo's fight - citing the impact on tourism of sewage spills. Recently residents removed the town's bathing water 'blue flag' in protest at Summer pollution spills.

This Summer the town made national headlines when 'do not swim' notices were placed on the beach at the height of the tourist season in August due to pollution.

Ms Bateman is calling on the new Labour Government to introduce 'change' across the water industry and its regulation.

She said: "Things like this make me really nervous about using the sea in general. I absolutely love using the sea, I love swimming in the sea every day but I can't do that at the moment."

Nicky Nicholls from the town's retail and leisure development Sideshore is working with legal firm Leigh Day to look at potential legal options, saying: "We've got businesses being phoned up, cancelling their bookings if they're going out kayaking or kite surfing - saying you know we can't come because your water is dangerous.

"We've got people standing outside the ice cream shop saying 'this will be the last year we come, because why would we come again next year' - the devastation hit very quickly."

In Exmouth there is currently a pollution alert in force from campaign group Surfers Against Sewage - following previous rainfall - while South West Water's own pollution information does not show any warning at this moment (7am, 10/09/2024).

Ms Nicholls said: "People live here because of the beach, the sea, our biggest assets - people want to be here to swim and to kite surf and bring their family down. People are cross and rightly so. This (pollution) is not ok."

Legal firm Leigh Day, which is also representing Jo Bateman in her claim against South West Water, said: "We are also working closely with the wider community and are investigating possible legal solutions to the ongoing sewage pollution that is impacting Exmouth as a whole.” 

Solicitor Benji Gourgey added: "They've tried a number of levels but I think they have got to the point where nothing has worked and so I think this is really the only action left and that's why I think so many members of the community are really behind this."

The legal firm says it is encouraged by the verdict in a separate case involving the Manchester Ship Canal Company Ltd and United Utilities Water Ltd.

He says their legal action is based on their recent legal approach in a different case, adding that legal changes have 'transformed the ability now for local communities to be able to bring water companies or hold them to account through a court system'.

He said: "Previously they were somewhat protected and now that protection isn't there to the same extent. In that sense it is a fairly first-of-its kind litigation."

What does South West Water say?

In a statement, South West Water said: “We are serious about tackling storm overflows and change of this scale takes time, ambition, and increased investment. We are investing around £38 million in the Exmouth area up to 2030 which includes upgrades to our pumping stations and treatment works to significantly reduce the number of spills and further protect the environment.”

The spokesperson added that they 'will be the first water company to meet the Government target of less than 10 spills per overflow, per year – a decade ahead of target'. The company also added: "We care about our 860m of coastline, our regions 100% bathing water quality, which we have successfully maintained for 3 consecutive years and protecting the environment now and in the future."

More details about South West Water's plans can be found here

What does the Government say - and will today's petition make an impact?

Secretary of State for Environment, Food and Rural Affairs, Steve Reed, said: “The public are furious that in 21st century Britain, record levels of sewage are being pumped into our rivers, lakes and seas. After years of neglect, our waterways are now in an unacceptable state.

“That is why I have announced immediate action to end the disgraceful behaviour of water companies and their bosses.

“Under this Government, water executives will no longer line their own pockets whilst pumping out this filth. If they refuse to comply, they could end up in the dock and face prison time.

“Our new Water Bill is a major step forward in our wider reform to fix the broken water system. We will outline further legislation to fundamentally transform how the water industry is run and speed up the delivery of upgrades to our sewage infrastructure to clean up our waterways for good.”

The Environment Secretary’s recent speech on the Water Bill here with more details here

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