Born Gerard Nevile Mark Fane on October 7 1934, he became the 22nd Baron Clinton in 1965, taking on responsibility for 25,000 acres across three estates in North and East Devon, collectively known as Clinton Devon Estates.  He died on April 2.

Adam Manning www.sidmouthherald.co.uk

He leaves his wife, Nicola, always known as Nicky, and three children, the Hon Charles Patrick Rolle Fane Trefusis, who will succeed him, and daughters Caroline and Henrietta.

Lord Clinton made his home for many years at Heanton Satchville at Huish, near Merton, in the Torridge district, before moving with his wife to East Devon around five years ago.

The eldest child and only son of Capt. Charles Nevile Fane and Gladys Mable Lowther, Lord Clinton was born at 23 Belgrave Square, London – now the German Embassy – and educated at Cothill Preparatory School and Gordonstoun in Moray, Scotland.

Much of his childhood was spent with his great grandfather, Charles Trefusis, 21st Baron Clinton having lost his father, Charles, who was killed in action in Flanders, shortly before the evacuation of Dunkirk in 1940 when Gerard was five.

After National Service with the Royal Scots between 1953 and 1955 he trained as a land agent, inheriting his title as the 22nd Baron Clinton from his great grandfather, who died in 1957.  The title was in abeyance for eight years and Lord Clinton took up his seat in the House of Lords in 1965.

During his lifetime Lord Clinton secured the long-term sustainability of the 700-year-old Estates – the largest in family ownership in Devon – turning a traditional landed estate into a leading land management enterprise fit for the 21st century.

Clinton Devon Estates won numerous awards under his stewardship, including being judged four times winner of the Sunday Times Best Small Companies to Work for, three times winner of the Queen’s Award for Enterprise in the category for Sustainable Development and a recipient of the 2012 Food and Farming Industry Awards. 

In his later years Lord Clinton oversaw one of the biggest conservation projects in the UK, the Lower Otter Restoration Project.

The ten-year project, completed a few months ago, was regularly visited by Lord Clinton during construction.

Clinton Devon Estates comprises farmland and forestry in East and North Devon including woodlands of national importance and the 2,800-acre Pebblebed Heaths and Otter Estuary in East Devon – now designated a National Nature Reserve, part of the newly named Kings’ Series of nature reserves.

There are around 300 residential properties, the majority let to tenants, as well as commercial buildings and the Bicton Arena, at East Budleigh, a leading equestrian venue in East Devon.

Projects undertaken during Lord Clinton’s lifetime include a major residential development, Plumb Park, at Exmouth, which saw the creation of more than 250 homes on Estate land and the building of an innovative Estate Office set in Grade 1 listed parkland at Bicton.

Lord Clinton held high office in a wide range of local, regional and national organisations and was a member or supporter of many others. He was active in the House of Lords between 1965 and 1999 and served as a Justice of the Peace for twenty years until 1983 and as a Deputy Lieutenant of Devon from 1977. He sat on the Council of the Duchy of Cornwall from 1968 to 1979.

Lord Clinton took a close interest in the tenanted and in-hand farming enterprises on the Estate, particularly the Devon Red Cattle.  His herd was culled during the foot and mouth crisis of 2001, which he later admitted caused him enormous distress.

He was also a passionate forester, spending many hours inspecting the Estates woodlands, which he saw as both an environmental asset and, when the time came, a crop of sustainable timber to be harvested.  In 2019 he unveiled a plaque to mark the 100th anniversary of the establishment of the Forestry Commission – in the same North Devon wood where his great grandfather had planted the newly created Commission’s first trees.

In his personal time Lord Clinton enjoyed fishing and had an abiding passion for horse racing and sailing. He was also a member of The Royal Yacht Squadron, one of the most exclusive yacht clubs in the world, and the Turf Club. 

In an afterword to the official history of the barony, he wrote: “The historical background to the Clinton title is embedded in holding land. As a trustee for life of the Clinton Estate, it has been of fundamental importance to me to manage and build on all that I inherited from my great grandfather so that I, in turn, might pass on a thriving estate to the next generation.”

Whose side are the Tories really on? Simon Jupp, please explain. – Owl

Sewage pollution and water bills could increase following Government plans to “diminish” the powers of the water regulator, charities and MPs have warned.

Alexa Phillips inews.co.uk

Ofwat will need to be mindful of business interests when imposing penalties on water companies and exposing compliance breaches under Government guidance expected to take effect this month.

The Liberal Democrats are leading a revolt against the plans, which it says are being “essentially rushed through the Commons without proper scrutiny”, i can reveal.

The party has secured a debate and vote on the issue in the House of Lords on 15 April, led by Baroness Bakewell, which could pressure the Government to row back its decision to apply a “growth duty” to Ofwat, Ofgem and Ofcom.

The duty means the water, energy and media regulators will need to “give appropriate consideration to the potential impact of their activities and their decisions on economic growth, for the wider UK economy, alongside or as part of their consideration of their other statutory duties”.

“Certain enforcement actions, and other activities of the regulator, can be particularly damaging to growth,” the guidance says. “These include, for example, enforcement actions that limit or prevent a business from operating; financial sanctions; and publicity, in relation to a compliance failure, that harms public confidence.”

The Government said the plans will not weaken Ofwat – the body responsible for handing out penalties to water companies if they do not fully monitor their storm overflows – but environmental groups including the Wildlife and Countryside Link, which represents 83 organisations, told i the move could allow polluting water firms to avoid scrutiny or even hike water bills.

The Environment Agency revealed that raw sewage was poured into England’s rivers, lakes and coastal areas for 3.6 million hours last year, making 2023 the worst year on record for sewage spills.

The Government is implementing the change through a type of secondary legislation called a “statutory instrument”, which is rarely voted down (the last instance was in 1978) and is not subject to the same process as primary legislation.

The Joint Committee on Statutory Instruments considered it and decided against referring it to the Commons chamber – it will instead be scrutinised by a Delegated Legislation Committee which does not have the power to stop it. Peers could still defeat the secondary legislation.

Tim Farron, a Lib Dem MP and the party’s environment spokesperson, said Ofwat “must be exempt from these changes”.

“Water firms are getting away with environmental vandalism on a daily basis whilst paying themselves massive bonuses and profits,” he said. “It would be a farce if water firms escape punishment via the back door.”

Caroline Lucas, leader of the Green Party and MP for Brighton Pavilion, accused the Tories of putting deregulation and economic growth “before everything else” – a “dangerous” mentality that has been “detrimental to our national quality of life”.

“Even when our waterways are literally full of shit, rather than giving Ofwat new powers to protect our environment and hold water companies accountable, the Government is instead imposing a legal duty on the regulator to consider economic growth which may make it even harder to take companies to task,” she said.

Louise Reddy, policy officer at charity Surfers Against Sewage, said the growth duty would “diminish” Ofwat’s ability to regulate water companies and warned that the sewage scandal could get worse.

“We got into this mess because of poor regulation,” she said. “The regulation of the water industry has been abysmal.

“It’s been really promising to hear from the Government that we want to see better regulation of the water industry, but to then hear of the growth duty, which would actively dissuade Ofwat to regulate the water industry, feels very counterintuitive.”

Stuart Singleton-White, head of campaigns at the Angling Trust, warned that water companies could use the growth duty to argue for increases in water bills.

“Regulators are not there to promote economic growth, they’re there to regulate sectors and industries to make sure that they are behaving within the law,” he said.

“The concern we would have is if they’ve suddenly got to put economic growth considerations into decisions about issues like enforcement or price rises for investment programmes and things like that, that’s potentially going to temper the amount of enforcement they do, or give them fear or concern that if they carry out an enforcement, the polluter or the water company will use economic growth impacts as a defence and an argument.

“That will restrict the regulator from being able to do their job, and it flies in the face of everything that needs to be done in terms of sorting this industry out.”

Richard Benwell, chief executive of Wildlife and Countryside Link, said pollution has reached record levels and the public is “demanding action”, but the growth duty “could make it harder to make polluters pay and strengthen regulation of the water industry”.

He added: “If the Government is serious about cleaning up rivers and restoring nature, its first priority wouldn’t be a growth duty that could let water companies off the hook.”

Ali Morse, water policy manager at The Wildlife Trusts, expressed “concerns” that Ofwat would be “less able to take action against companies over their pollution record”.

She said the Lib Dems’ “motion of regret” – which cannot block legislation but registers peers’ disapproval – could persuade the Government to withdraw the piece of legislation or convince them to redraft the accompanying guidance, for instance to emphasise the economic benefits of a sustainable environment.

The Liberal Democrats also hope the motion will encourage peers to vote down the secondary legislation.

The Wildlife Trusts and the Wildlife and Countryside Link believe the Government should impose a “green duty” instead of a growth duty that would force regulators and the companies they oversee to contribute to the Government’s legally binding environmental targets.

Mark Lloyd, chief executive of The Rivers Trust, warned that the Growth Duty could make sanctions harder to impose and leave Ofwat “more exposed” to legal challenges when it takes action.

An Ofwat spokesperson said the Government’s response to the consultation on extending the growth duty to Ofwat “is clear that non-compliant activity or behaviour that undermines protections to the environment needs to be appropriately dealt with by regulators”.

“We will continue our work as a regulator to hold water companies to account and drive better performance and outcomes for customers and the environment,” they added.

A Government spokesperson said: “The Growth Duty does not legitimise non-compliance with existing protections, including Ofwat’s environmental responsibilities.

“This extension will allow Ofwat to more effectively help deliver economic growth alongside its regular duties and does not in any way set restrictions on regulators as to how their enforcement can and should operate.”

The owner of Devon restaurant chain Rockfish has revealed plans for yet another seaside venue, while two other sites remain in limbo. The latest plans are to transform a family-run beachfront café into another branch of the seafood restaurant.

Mary Stenson www.devonlive.com 

Mitch Tonks, CEO of Rockfish, submitted plans to revamp the Longboat Café on Budleigh Salterton seafront to East Devon District Council (EDDC) last month. The proposals are for an extension to the existing building, which will be an external dining space with a retractable roof and windows.

The application also says that there are hopes of replacing the shelter next door which has been subject to a planning wrangle between EDDC and the Longboat Café. On its Facebook page, the owners of the Longboat Café say it was built during the pandemic to help the business survive during social-distancing measures, as part of then-temporary measures which allowed moveable structures to be erected next to cafes, pubs and restaurants without planning permission. In 2021, the government made these measures permanent.

The owners of the business say they considered the structure to be moveable as it had been built on wheels but EDDC considered it permanent as it had been secured to the ground to prevent it from being blown out to sea. There is currently an enforcement notice from EDDC in place on the shelter for “unauthorised work”.

In the planning application by Rockfish, it says: “This application seeks to gain planning consent for this thoughtful design proposal which aims to offer a delightful and flexible seafront experience, blending effortlessly with the existing buildings.

“This planning application presents an opportunity to replace the current shelter (which has an enforcement notice) with a much more sensible and appropriate solution.”

Rockfish has eight restaurants across Devon and Dorset, all of which are in coastal or riverside locations. On its website, the chain has three new venues which are set to “open soon” in Salcombe, Sidmouth and Topsham.

Last month, it was confirmed that the Salcombe branch was gearing up to open in time for the summer season, with refurbishment having already started on the premises on Island Street. Meanwhile, opening dates are yet to be announced for the other two sites.

Rockfish purchased the former L’Estuaire Bistro and Bar site on Topsham Quay in June 2022 and has been displaying signs in the doors for many months. With no work appearing to have taken place since, Rockfish said in January that the project had only just entered the design and planning stages.

Plans to transform Drill Hall on Sidmouth seafront into a Rockfish restaurant were recommended for approval in November 2023 but the project was set back by concerns over flood risks. EDDC said it had withdrawn the application but, along with Rockfish, remained committed to redeveloping the site.

The full application for the Longboat Café can be viewed on EDDC’s website here.

Harsh weather conditions mean it’s taken just 10 months for more potholes to be recorded across Devon’s roads than the whole of the last financial year.

Nothing to do with Tory austerity? – Owl

Bradley Gerrard, local democracy reporter www.radioexe.co.uk 

A total of 40,250 potholes were recorded across the county council area between April last year and the end of January this year.  For the 12 months to March 2023, there were 39,813 such hazards.

And February’s data showed another 4,010, pushing the current financial year’s total higher still with figures for March still yet to be confirmed.

Devon County Council, which is responsible for the county’s roughly 8,000 miles of roads, said the “early and harsh freeze/thaw cycles” experienced during the 2022/23 winter continued to cause problems into the summer.

“In addition to the winter weather, there has been an unprecedented number of storm events experienced so far this autumn and winter,” said Meg Booth, director of climate change, environment and transport.

She claims the council is speeding up ‘reactive patching’ and, together with managing their contractors’ workloads, that means it “is managing to contain the overall number of pothole defects across the network awaiting repair.”

The work had been helped by £1.5 million of funding from central government. Ms Booth says the council hopes to use a new system it has trialled for repairing potholes more widely.

“In the summer/autumn of 2023, the service conducted a comprehensive trial of a road surface repair system called Elastomac, which was demonstrated to councillors in May last year,” Ms Booth said.

“The system uses a flowable mastic asphalt which incorporates up to 70-80 per cent recycled materials and can be installed much more quickly than traditional patching techniques and with less disruption to the travelling public.

“This new solution will be added to the wider toolkit again from the spring through to autumn this year.”

The so-called Dragon Patchers, which are repair trucks with a blowtorch-type attachment stretching from the bumper, have been out on more than 500 shifts so far this financial year.
 

Councils have called for an independent review of Boris Johnson’s levelling up policy, as local authorities count the cost of years of hype, disappointment, bureaucratic delay and “begging bowl” culture.

Patrick Butler www.theguardian.com 

Levelling up was launched by Johnson after the Conservatives won the 2019 general election, as he promised to boost left-behind parts of the UK by committing billions to regenerate town centres, upgrade local transport and invest in cultural assets.

Four years and several funding rounds later, many local politicians are angry and frustrated over their experiences with a complex, demanding, seemingly random bidding system for numerous pots of levelling up funds that have ultimately so far led to little change.

Even more baffling to many is the evolution of a policy that seemingly sought initially to prioritise deprived post-industrial cities of the north and Midlands in the name of reducing regional inequality, but now embraces such relatively affluent places as Cambridge, Buckinghamshire and Canary Wharf in London’s docklands.

“One of our bids was for a housing site in the most deprived part of County Durham – top 10 most deprived areas in the country. How can that not be eligible for levelling up but a historic castle renovation in Kent can? What’s levelling up about that?” said Amanda Hopgood, the Liberal Democrat leader of Durham county council.

Confusingly, three of the top 20 most deprived council areas in England – Middlesbrough, Hastings and Rochdale – were awarded no cash over three rounds of the actual levelling up fund, although they did get cash from different pots under the wider collection of levelling up funds, including the towns fund and the shared prosperity fund (there are now an estimated 36 pots in total.)

The funds have different eligibility, application and reporting requirements, with each bid typically costing councils between £30,000 and £60,000, according to parliament’s spending watchdog. Some councils say they have heeded official feedback on failed bids and invested heavily in the next bid, only to be knocked back again “having done everything they asked”.

Gedling borough council in Nottinghamshire learned in November it had yet again failed with a levelling up fund bid (three neighbouring councils had by that stage been awarded tens of millions between them). It furiously accused the government of “moving the goalposts and leaving councils like us with absolutely nothing, time and time again”.

This month, after years of trying, it finally succeeded – getting £20m from the long-term plan for towns fund. “The begging bowl culture created by this government when it comes to allocating funding to local towns, means this funding has come years later than it should have done,” said Michael Payne, the deputy leader of Gedling borough council.

Hopgood called for an independent review of the government’s “dreadful” handling of a bids process that led to councils wasting scarce resources of time and money. County Durham estimates it spent £1.2m on five bids that were unsuccessful after the government changed the rules on eligibility after they had been submitted.

“The frustration is – you spend your time bidding. You haven’t actually got the money to do the bidding or the resources. The successful bids seem arbitrary. You can’t be certain the outcome related to the quality of the bid. You start to believe its been tweaked politically,” said Graham Chapman, a Nottingham City Labour councillor and vice-chair of the Special Interest Group Of Municipal Authorities.

One council chief executive in the south of England lamented the stop-start short-termism of levelling up, made worse by huge council budget cuts. He pointed to the success of a municipal arts centre planned and built locally under an old-style regeneration scheme before austerity took hold. “We would never build that today because there isn’t the resource, the certainty or the capacity to do it.”

Chapman criticises levelling up’s lack of ambition and focus on physical infrastructure at the expense of tackling skills shortages: “It was the only game in town, but it was naive, totally superficial and underfunded. You don’t turn anything around with a few bob over a few years. You can’t just tart up the town centre and think you are levelling up,” he said.

The government insists it is regenerating town centres, creating new infrastructure and helping to level up communities. This months’s public accounts committee report is less optimistic, highlighting huge project delays – just 10% of funds allocated have been spent. The Labour party has compared levelling up to the “burnt out shell” of an abandoned car.

Prof Graeme Atherton of the Centre for Inequality and Levelling Up said despite widespread criticisms, a case can be made for the policy having worked on its own narrow terms, achieving a Johnsonian “cake and eat it” trick of reaching some target places while managing to keep other places relatively happy. “Whether levelling up is successful or appropriate is another set of questions,” he added.

A Department for Levelling Up, Housing and Communities spokesperson said: “We reject these claims and are proud of our record of funding historically overlooked areas. We have committed over £15bn of levelling up funds to regenerate town centres, create new infrastructure and improve everyday life for people.”

• Discharge of condition for 21/0010/FUL: Condition 5 (Flood Warning and Evacuation Plan) Lexhayne Mill Farm Shute Devon EX13 7PPRef. No: 24/0657/DOC | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• T1, Willow: pollard to approximately 8m above ground level; maximum diameter cuts of 20cm; western limb over building; reduce to 3m off main stem. 1 Beaumonts Cottages Gittisham Honiton EX14 3AGRef. No: 24/0652/TRE | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Discharge of Condition for 23/1030/FUL & 23/1031/LBC: Condition 3 (Materials) & Condition 4 (Methodology) 106 High Street Honiton Devon EX14 1JWRef. No: 24/0645/DOC | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Certificate of lawful development for proposed new re-positioned gate, and reinstatement of the original driveway consisting of hardcore and gravel laid on a permeable membrane.The Old Post Office Poltimore EX4 0AHRef. No: 24/0616/CPL | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Extension to existing timber framed cafe building Millers Farm Shop Gammons Hill Kilmington Devon EX13 7RARef. No: 24/0618/FUL | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• The erection of a shed to cover an existing silage pit Netherexe Barton Netherexe Exeter EX5 4DZRef. No: 24/0623/AGR | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• T1 – Beech: crown lift to 4m above ground level on road side and 3m above ground level over garden, maximum diameter of cuts, (MDC) 25mm. Reduce north eastern aspect overhanging neighbouring property by 2-3m, MDC, 1 @ 50mm, rest at 25mm or less. T2 – Beech: crown lift to comply with the Highways Act 1980, especially over junction of Beeches Close, MDC 25mm. Remove major hazardous deadwood. T3 – Laburnum: dismantle in stages to near ground level. The Beeches 1 Beeches Close Woodbury Devon EX5 1JNRef. No: 24/0624/TCA | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• T1 Ash; sectional fell to ground level. T1 is showing early stages of Ash Die-back with die back in the crown. T1 has not been able to mature as has been overshadowed and out-competed by the adjacent larger trees, it also has been compromised at the base with a cavity developing. T2 Ash; sectional fell to ground level. T2 is showing onset stage of Ash Die-back, with die-back in the crown and stress related growth. 6 Old Home Farm Rousdon Devon DT7 3YLRef. No: 24/0615/TCA | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• T1, T2, T3, T4; sectional fell and remove existing Leylandii hedge. Replant the hedge line with appropriate species. 2 Home Farm Cottages Rousdon Lyme Regis DT7 3XTRef. No: 24/0614/TCA | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Discharge of Condition for 22/2275/FUL: Condition 3 (Foundation Design Details) Hillhead St Mary Broadway Sidmouth EX10 8RQRef. No: 24/0596/DOC | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Single storey flat roofed side extension with rendering and over cladding to the existing property. Replacement of windows and doors. 24 Colleton Way Exmouth EX8 3PXRef. No: 24/0608/FUL | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Removal of existing rear tenement flat roof covering and substrate – replacement flat roof covering reflecting existing. 20 The Beacon Exmouth Devon EX8 2AFRef. No: 24/0606/FUL | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Removal of existing rear tenement flat roof covering and substrate – replacement flat roof covering reflecting existing. 20 The Beacon Exmouth Devon EX8 2AFRef. No: 24/0607/LBC | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• T1 Sycamore; sectional fell. T1 is showing significant signs of die back in the crown (indication of root plate has movement). T2 Beech; sectionally fell to ground level. 5 Old Home Farm Rousdon Lyme Regis DT7 3YLRef. No: 24/0612/TCA | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Certificate of lawful development of a roof space conversion and rear dormer window within permitted development5 Rewe Barton Farm Cottages Rewe EX5 4EURef. No: 24/0599/CPL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Demolition of conservatory, stores and garage, replaced with adjoining rear extension. Changes in fenestration and internal layout alterations. Alterations to a front boundary wall with gate and parking, erection of bike store, and relocation of oil tank Pyms Poltimore EX4 0AARef. No: 24/0592/FUL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Demolition of conservatory, stores and garage, replaced with adjoining rear extension. Changes in fenestration and internal layout alterations. Alterations to a front boundary wall with gate and parking, erection of bike store, and relocation of oil tank Pyms Poltimore EX4 0AARef. No: 24/0593/LBC | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• G1, Holm Oaks: overhanging Broadway, crown reduce by 2-3m and reduce side branches by 2m to clear overhead telecom cables whilst maintaining shape. G2, Laurel: crown lift to 5.2m above ghround level and prune back to reduce lateral branches over road. Balfour Manor Station Road Sidmouth EX10 8XWRef. No: 24/0577/TRE | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• 0358, Holm Oak (the tree is tagged on site): reduce eastern stem by 3 to 4m and remaining 2 stems by 2m leaving tree at approximately 19m, with an overall canopy spread of 8.5m. Maximum diameter cuts 75-100mm. Balfour Manor Station Road Sidmouth EX10 8XWRef. No: 24/0576/TRE | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Proposed solar panels on converted barn slate roof (east ) and Beach Cottage annexe slate roof (west) Southlands Farm Dunkeswell Honiton EX14 4SHRef. No: 24/0563/LBC | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Proposed solar panels on converted barn slate roof (east ) and Beach Cottage annexe slate roof (west) Southlands Farm Dunkeswell Honiton EX14 4SHRef. No: 24/0562/FUL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Variation of Conditions 2 and 4 pursuant to planning permission 23/1508/FUL (Change of use of bank (Class E) to hot food takeaway (sui generis) and installation of extraction and ventilation equipment with associated external works); proposal to revise the extract duct route, and confirm the Plant Noise Assessment report meets requirements 86 High Street Honiton Devon EX14 1JNRef. No: 24/0543/VAR | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Installation of 3 air conditioning units, (partially retrospective). 29 Greenway Lane Budleigh Salterton Devon EX9 6SGRef. No: 24/0544/FUL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Proposed rear single storey extension to South-West elevation and proposed porch to North-West elevation. 32 Willow Avenue Exmouth Devon EX8 4QSRef. No: 24/0536/FUL | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Proposed single storey extensions on both front and rear elevations 51 Canterbury Way Exmouth Devon EX8 5QQRef. No: 24/0533/FUL | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• T5, Sycamore: repollard to approximately 1.5m above ground level. T8, Sycamore: reduce height of tree by approximately 1.5m-2m via thinning making cuts no greater than approximately 75mm.. T9, Ash: reduce height by approximately 2.5m-3m via thinning making cuts no greater than approximately 75mm. T10, Ash: reduce height of trees by approximately 2.5m-3m via thinning making cuts no greater than approximately 75mm.. 17 Glebelands Uplyme DT7 3TBRef. No: 24/0522/TRE | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Rear & Front extensions, proposed first floor addition and general re-modelling of facades. (Revisions to the existing approval 21/1826/FUL) Bay View Highcliffe Close Seaton EX12 2QARef. No: 24/0521/FUL | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Change of use from agricultural use to domestic garden use Marwood House Offwell EX14 9RWRef. No: 24/0516/COU | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Construction of earth lined slurry lagoon with security perimeter fence Glanville Farm Offwell Honiton EX14 9STRef. No: 24/0506/FUL | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Commercial Mechanical Extraction Unit – retrospective 1 The Burrow Seaton EX12 2LWRef. No: 24/0511/FUL | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Proposal to demolish part of hall and replace with single storey extension on south elevation. Construction of new carport and shed The Lodge Sheldon Honiton EX14 4QURef. No: 24/0499/FUL | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Replacement of failed HVAC equipment with more sustainable alternative new equipment, Internal repairs/alterations 2 Parade Exmouth Devon EX8 1RJRef. No: 24/0502/LBC | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Replacement of failed HVAC equipment with more sustainable alternative new equipment, Internal repairs/alterations 2 Parade Exmouth EX8 1RJRef. No: 24/0501/FUL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Upgrade meter cupboard at first floor (C1) and second floor (C2) with new frame, board and door to achieve Fd30 rating and replace front doors to Flats 3 & 4 (D1 & D3) and second floor landing store cupboard (D2) with Fd30 rating. Beacon Court 4 Louisa Terrace Exmouth Devon EX8 2AQRef. No: 24/0460/LBC | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Two storey extension to existing bungalow, and provision of single storey summer house 9 Pollybrook Town Lane Woodbury Devon EX5 1NFRef. No: 24/0418/FUL | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Proposed extensions and alterations to existing dwelling, including demolition of building currently used to store vehicles, and demolition of outbuilding and replacement with three bay garage/car port Moor Farm Talaton Exeter EX5 2RFRef. No: 24/0414/FUL | Validated: Tue 19 Mar 2024 | Status: Awaiting decision
• Variation of condition 2 (approved plans) of 21/2925/FUL to allow alterations to siting and appearance of dwelling, and installation of solar panels Woodland Lodge Bystock Exmouth EX8 5EDRef. No: 24/0395/VAR | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Remove existing blown lime render on front north elevation and replace like for like-for-like lime render. 2 Church Green High Street Newton Poppleford EX10 0DXRef. No: 24/0361/LBC | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Construction of loft conversion. 11 Kennaway Road Ottery St Mary Devon EX11 1TFRef. No: 24/0357/FUL | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Planning approval for changing the colour of wood cladding to Sadolin Superdec Anthracite Dark Grey, and to render the bottom of property and paint White Sandtex with very bottom black to match the properties in the village. Globelands The Arch Woodbury Exeter EX5 1LLRef. No: 24/0345/FUL | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Alterations to exterior of workshop and internal layout. Chris Baily Engineering Putts Corner Sidbury Sidmouth EX10 0QQRef. No: 24/0343/FUL | Validated: Mon 18 Mar 2024 | Status: Awaiting decision
• Replace 1no. rooflight with Fakro rooflight on rear north west elevation 2 School Cottages Woodbury Salterton EX5 1PGRef. No: 24/0320/LBC | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Change of use of paddock to dog day care business (Sui Generis), erection of decking/ canvas clad structure, stock fencing and gates, formation of access track and use of existing car parking.Fen Equestrian Centre And Glamping Ltd Venn Ottery Ottery St Mary EX11 1SGRef. No: 24/0316/FUL | Validated: Wed 20 Mar 2024 | Status: Withdrawn
• Change of use of Maurice Barn and land within its curtilage from occupational physicians surgery to a residential dwelling (with ancillary use as physician’s surgery); no external changes proposed. Maurice Barn Blackhorse Lane Blackhorse EX5 2ARRef. No: 24/0248/FUL | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Exterior: Introduce a French drain to the front and sides of the building. Infill brick gateway to front garden wall. Repair thatch roof and introduce 4no. rooflights on thatched rear elevation. Replace 4no. timber windows at ground floor on North Elevation (rear) with double glazed timber windows and 1no. on west elevation. Rebuild 1no. chimney stack and install new chimney pot on west elevation and install new chimney pot on east elevation. Re-roof rear lean-to with galvanised steel roof sheeting and install 2no. rooflights on north elevation. Interior: Form new opening with door from living room to playroom snug. Remove modern plasterboard in corridor and replace with T&G panelling. Remove cement tanking and dry lining to wall in dining room replace with lime render. Remove internal wall in utility and introduce new timber partition. Form new doorway from the store to the living room and enlarge existing window opening in living room. First Floor: Introduce new T&G panelling as partitioning to reconfigure first floor layout including a bathroom and ensuite to Bedroom 4. Introduce new Ledge and braced plank door the new bathroom Bedroom 1 and Bedroom 2. Halls Farm Higher Metcombe Ottery St Mary EX11 1SSRef. No: 24/0230/LBC | Validated: Wed 20 Mar 2024 | Status: Awaiting decision
• Internal work at ground floor: remove existing cupboard under stairs and reform shelving and stairs soffit; joinery work to back bar/dumb waiter shelving; replacement flooring; new ventilation in WCs; wall cladding and dado in female WC. Internal works at first floor: replace flooring; new partition wall and door to create new bedroom and corridor; new subfloor in kitchen/diner, lounge, bedrooms, and WCs. The Three Tuns 133 High Street Honiton EX14 1HRRef. No: 24/0186/LBC | Validated: Thu 21 Mar 2024 | Status: Awaiting decision
• Fencing erected to replace hedging (retrospective) 58 St Andrews Drive Axminster Devon EX13 5EZRef. No: 24/0175/FUL | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Proposal for replacement front entrance door, and removal of cement based render from the front and side elevation of the property to be replaced with a lime render 4 Fore Street Otterton EX9 7HBRef. No: 24/0100/LBC | Validated: Fri 22 Mar 2024 | Status: Awaiting decision
• Replace 2no. windows at ground floor south east elevation The Old Bakehouse Cottage Lower Church Street Colyton EX24 6NDRef. No: 23/2668/LBC | Validated: Tue 19 Mar 2024 | Status: Awaiting decision

Paul Arnott

I long ago realised that people who choose to stand for district council need to develop a thick skin.

This is sad, but in the world we inhabit today, it’s kinder to prepare prospective new district councillors for an unjust duffing up at a parish or town council meeting, or an ill-informed and accusatory email riddled with errors. It shouldn’t be like this of course, but as social media and “disruptor” mainstream broadcasters like GB News coarsen public life, anyone wishing to serve their communities must be ready or risk being sucked under.

However, at East Devon a new generation of younger councillors is coming through in my administration, and every now and then I think it is right to tip my hat to them in fulsome praise. It can’t all be about the negatives.

In Whimple, Councillor Todd Olive was elected in May 2023 and got off to a superb start at the age of just 24. Todd is around sixty years younger than some of the councillors, and he and his young cohort bring with them new skills, expectations of civility and depth of knowledge. In his case, it is around planning law and strategy, together with a marked concern for the local environment.

A couple of months ago, East Devon hosted an online debate with representatives from South West Water. It is fair to describe it as being from the “moving forward” school, limited apologies offered but in-depth explanation of why SWW’s sewage infrastructure kept failing and the history to that deftly swerved. I could see Todd’s face on the Zoom scheme, with almost visible steam coming from his ears.

So, what a good councillor does in the face of a public relations machine is do their own research. Todd, using his forensic skills, studied data from the Environment Agency to get a truer picture of how we in East Devon have been affected. Of course, the story before and after the New Year focussed mainly on Exmouth and the raw sewage tankered from failing pumping stations and in effect straight into the sea, or frothing up through the town’s manhole covers.

On behalf of the Exmouth and Exeter East Liberal Democrats, Todd spent hour after hour of his own time with the EA data, leading to the most unwelcome finding that of the top 15 areas in England for sewage spills, four are where we live or travel to locally: South Hams, West Devon, East Devon, Torridge and Teignbridge.

Digging into the specific more local data, Todd identified 15 individual wards in East Devon which had more than 1000 notifiable hours of spillages into a local water course in 2023. This unenviable hit parade goes Tale Vale, Woodbury & Lympstone, Sidmouth Rural, Clyst Valley, Coly Valley, Newbridges, Honiton St Paul’s, Exe Valley, Exmouth Littleham, Trinity, Feniton, Sidmouth Town, West Hill & Aylesbeare, Axminster, Exmouth Town and Budleigh & Raleigh.

Where does this all land for local people? First, which is very obviously going to happen this year, a change of national government. Second, a government intervention to put the interests of local people and the environment ahead of the private shareholders who are the natural friends of the Conservative party, which has favoured defunded and/or light touch regulation of the water industry nationally for many years.

Finally, local people need to keep the pressure on the government, the water companies, and those who might be future local or parliamentary members in the near future. We’re not all bad and more often than many people think, many of us work extremely hard against some very powerful interest groups.

South West Water now has a fleet of 52 tankers, up 52% in a decade, supplemented by contractor vehicles.

Adam Vaughan www.thetimes.co.uk

A growing number of sewage tankers are blighting towns and villages across England, data released by water firms shows.

Wet weather caused a record number of sewage spills into rivers and seas last year. But it also increased the number of noisy, polluting tankers in rural areas, sometimes for months at a time.

Tankers are used to transport sewage from an overwhelmed treatment plant to one with more capacity, move a mud-like material known as sludge, or in cases of emergency such when as a sewer burst in the Exmouth area just before New Year’s Eve. That incident led to 240 truckloads of sewage a day being driven a day through the East Devon town as repairs were made.

Figures released to The Times by water firms show that the use of the tankers is increasing at some companies.

South West Water, which operates in Exmouth, now has a fleet of 35 of the vehicles, 52 per cent more than it had nine years ago. “Over the last few years the number of tankers has increased sharply, causing considerable damage to roads and inconvenience to residents,” said Andy Tyerman of campaign group End Sewage Convoys And Poollution Exmouth.

Anglian Water, which serves Suffolk and Norfolk, deployed tankers up to 103 times a day last year, the highest number since records began in 2015. On average it used tankers to carry sewage 48 times a day last year, a record for the period covered by records.

Mark Dye, of Grimston in Norfolk, said: “Anglian Water has been using the tankers long-term already. People here have had enough of their excuses and lack of investment to correct issues.”

Dye, a co-founder of the Gaywood River Revival group, recently found “extraordinarily high” levels of E.coli coming from the company’s manhole covers in Grimston’s streets, with polluted water flowing into the Gaywood, one of Britain’s globally rare chalk streams.

Wessex Water used 1,715 tankers last year, up from 1,038 in 2022. In 2016 the number was only 263.

Southern Water, which covers Kent, Sussex and Hampshire, used 231 tankers on 334 days of the 2023-24 financial year, the highest number by far in a ten-year period. More recently, residents of Southwick said they had been badly affected, with tankers stationed in the West Sussex village since February.

“It has been an ongoing nightmare to deal with major roads in Southwick being closed off. Large trucks, ugly fences and sewage tankers have taken over the whole area,” Bella Boersma, a 24-year old student, said. She said that communication between Southern Water and locals had been “completely unacceptable”.

Hayley Moore, who owns Koh Koh Chocolate Boutique in the town, blamed the disruption from the tankers on the quietest lead-up to Mother’s day she can remember. “I strongly believe the closures all around the green are impacting foot fall,” she said.

Southern Water said that more than 750 billion litres of rain had fallen on Sussex between December and March, leaving the ground around Southwick saturated. It said the tankers were needed to alleviate pressure on the local sewage network.

One town’s battle against sewage

Robina Baine, a councillor for Southwick Green ward, said: “The constant noise and movement of tankers on the streets has also impacted many residents. Lack of sleep, for both adults and children, has led some to stay with families in other areas.” Baine said that pavements and kerbs in a conservation area had also been damaged.

Alex Saunders, Southern’s head of wastewater networks, said: “We use tankers during emergency repairs to sewers to prevent pollution. We know they are noisy and disruptive and we always work as quickly as is safe in order to minimise impact.” South West Water said that problems in the Exmouth area would be improved by the replacement of 800 metres of sewer, which is due to be completed this week.

An Anglian Water spokesman said: “This has been the wettest winter on record for the east of England. The ongoing issues at Grimston are caused by an infiltration issue from both surface water and groundwater into our sewers and also via the lateral pipes from people’s homes.”

Yorkshire Water and Northumbrian Water said the number of tankers they used had not changed in recent years. Several companies failed to release figures after The Times submitted environmental information requests. Thames Water asked for more time and later said the request was “too vague”. Severn Trent claimed that it did not hold the information. United Utilities argued that the figures didn’t count as “environmental information”.

The Times is demanding faster action to improve the country’s waterways. Find out more about the Clean It Up campaign.

This article suggests South West Water have already used their “no right to bathe in the sea” argument when the real question should be: under what circumstances do they “have the right to pollute”, if ever ! But this argument hasn’t been tested.

Owl understands that Jo Bateman’s claim relates to occasions when SWW were dumping sewage “illegally”.

Kit Yates www.independent.co.uk 

I’m a keen outdoor swimmer. I swim with a group of friends most weeks in our local stretch of the Thames. Come rain or shine, winter or summer, there are usually at least two of our number bracing the river waters north of Oxford.

We do so cautiously, however, especially in winter when it has been raining heavily and it is almost guaranteed that sewage will have been pumped into the river a few miles upstream.

And we’re not alone in taking precautions – even events such as the famous Oxford and Cambridge university Boat Race on the River Thames were affected this weekend, with one rower complaining about the amount of “poo in the water” and at least three competitors laid low with stomach bugs (River Action UK claims Thames Water is responsible for that one). Cambridge, the winning team, even eschewed their traditional “throw the cox in the water” schtick in favour of an excrement-free lift of their teammate, Hannah Murphy, up inside the boat.

And I don’t blame them: for me, the giveaway as to whether there has been a discharge or not is the smell. Not the smell you might think you would associate with raw sewage, but the smell of detergent in the water. That and the bubbles floating on the surface next to you as you swim on down. If we do decide to go in on such days, then we are cautious to keep our heads above the water and to ensure we do not imbibe.

The group has become somewhat depleted over the last few years. One of our members became seriously ill after swimming in the water. So ill, in fact, he was hospitalised. His infection was isolated to a species of bacterium he could only have picked up in the river. His experience has served to deter many of our number from returning to the river, and to caution others against joining our group.

Ironically, our stretch of river is one of only two in the country to have been granted “bathing water status”. This does not mean what you imagine it would. It does not guarantee that the water is of sufficient quality to bathe in. It only means that it is monitored regularly, so that we know exactly how poor the water quality is.

When I swim in the sea, I am more cautious than in the river. The unpredictable nature of the waves means you can’t guarantee not to get water in your mouth when you’re splashing about. Last summer, I went on holiday with my family to a lovely little cottage in Cornwall about 100 metres from our favourite beach.

I was careful to check the website, which details whether there was sewage released into the small stream that flows over the beach and into the sea. Early in the morning of the penultimate day of our trip I saw that sewage had been released into the stream. None of our party went into the sea that day.

By the time we got home, I felt thoroughly fed up that the water company had spoiled our holiday for us by releasing sewage into the stream. It’s one thing to do it in the winter (although still unacceptable in my view), but this was August – peak holiday season.

I had read a letter in The Times that described the experience of one holidaymaker taking a water company to court. He claimed £500 for loss of amenity. His case, he wrote, was settled out of court. His settlement was the £500 he claimed plus the £50 it had cost to lodge the claim. The author told readers that the claim took “minutes”, and he concluded the letter by encouraging others to do the same.

So I did. Only my case was not so straightforward. I received a letter back from South West Water vigorously rebutting the claim. Some parts of the rebuttal I found difficult to credit. The audacity of it shocked me. Although they admitted they had indeed discharged from their sewage treatment works upstream of the beach, they denied that the dumping had any impact on the bathing water:

“The discharge was of extremely short duration, so any affect [sic] to water quality would have been minimal, albeit it is denied there was any affect [sic] at all.”

They went on to claim that I had no inherent right to swim in the sea and that, even if I did, their discharge would not have impacted my ability to swim or to enjoy the beach.

The letter was worded strongly and indicated that they would fight the claim robustly in court. Lacking the legal knowledge, the time and the money to fight a court case that would likely take place in the South West, miles from where I live, I decided, after much deliberation, to withdraw my claim. I fought the water company, and I didn’t win.

It was with interest that I read an article about another outdoor swimmer, Jo Bateman, who is suing South West Water, as I had attempted to, for loss of amenity. Interestingly, South West Water had used a similar line of defence with her, claiming it has no legal obligation to keep rivers and seawater clean of sewage and that no one has a legal right to swim in the sea.

I’m pleased to say Bateman is made of sterner stuff than I am, and has decided to fight South West Water in court. Both from the perspective of my holiday swimming and my regular weekly river swim, I will await the results of her battle with great interest.

The Independent has contacted South West Water for comment

The company behind South West Water and Bristol Water has abandoned its ambition to reach a four-star environmental performance rating in 2024, blaming “current operating conditions”.

Did it ever really stand a chance?

On what basis have bonuses been paid over the past decade?

Is it about to crash back to a one star rating?

What about meeting all their other targets such as “upgrading” the Maer Lane sewage treatment works in Exmouth in 2028? – Owl

Environment Agency South West Water Environment Performance Assessments 2011/2022

August Graham www.independent.co.uk 

Pennon Group said that it now does not think it will achieve the four-star environmental performance assessment result until 2025.

It expects to be given a two-star rating for the second year in a row for 2023, something that the Environment Agency says means that the “company requires improvement”.

In 2021 South West Water was given a one-star, or “poor performing company” rating.

“We anticipate retaining two-star EPA status for 2023, assuming Environment Agency confirmation of our improved water resource position,” Pennon said.

“For 2024, whilst six of the seven EPA metrics are tracking positively towards four-star equivalent performance, current operating conditions have meant the benefits of our pollution incident reduction plan will not be seen until 2025.

“As such overall four-star EPA status is now reprofiled for 2025.”

It came as there was a 50% jump in the amount of rainfall in the South West during the second half of the year ending later this week compared to the average over several years.

There have been 10 named storms since September, and 12 yellow weather warnings. This makes it more difficult for water companies to manage their systems.

“The significantly increased wastewater flows have impacted our headline performance for wastewater pollutions and use of storm overflows,” Pennon said.

Pennon has been investing to improve its performance in recent years. It has now completed work to diversify its water resources in Devon, and has done 70% of the works it planned in Cornwall.

It has completed works at Blackpool Pit, an abandoned clay pit outside St Austell which is now being used to help store water.

“In Devon, our winter pump storage work at Gatherley is also now operational, and along with the Lyd pumping scheme delivered last year, both new schemes have been used this year to support improvement in our water resources in Devon,” Pennon said.

Its new desalination plant in South Cornwall is expected to be up and running within the next year.

The company wants to increase Cornwall’s water resources 45% by 2025, and has met its ambition to increase Devon’s resources by 30% a year ahead of schedule.

Richard Foord, MP for Tiverton & Honiton

Driving between the towns and villages that make up East Devon, I am often struck by how our forebears planned ahead.

We have been endowed with Victorian church schools that are the core of our modern-day primary schools, for example.

Last week one resident said to me precisely what had been going through my mind. “We don’t seem to think long-term any more”, I was told on a local doorstep. I agree entirely – the Government’s record is one of short-term thinking in pursuit of quick fixes.

There are dozens of examples of short-term thinking in national and local government. Take potholes – there are half-hearted patch-up jobs all around, rather than re-surfacing. It is damaging people’s tyres and suspension, meaning that small savings on Government spending are leading to large costs to the individual.

The same is true of healthcare. Even three decades ago, people in the local area were donating what they could to the construction of community hospitals such as the one at Seaton. Now, The King’s Fund recommends that ‘national leaders will need to completely shift their focus … towards primary and community health and care’.

The lack of long-term thinking is most apparent in education. When the Liberal Democrats were in Government in 2011, education spending accounted for 5.4 per cent of all spending in the UK. In 2019, that had fallen to 3.9 per cent under the Conservatives. Figures from the Child Poverty Action Group indicate that over four million children are growing up in poverty, 7 in 10 of whom have a parent who is in work. These are children who, often through no fault of their own, are waking up hungry and going to school ravenous and irritable.

One of the simplest ways to tackle child disruption in the classroom and to improve educational attainment is to expand free school meal provision in primary schools. In government, Liberal Democrats made this a priority, and as a result every infant gets a hot nutritious meal at school every day. Education is an investment, not in accordance with the electoral cycle, but in dividends that will be realised in the decades to come.

SWW’s plan is to “move the spills from the Exe Estuary to the Sewage Treatment Works outfall” . The sewage treatment works at Maer Lane discharges at Straight Point.

With no wind at three hours after high tide, the natural transverse movement of the tide will direct a plume of whatever is discharged towards Steamer Steps and eastwards along Budleigh’s bathing beach. Until 2028 nearly three quarters (72.5%) of all the liquid being pumped down this pipe will be untreated (‘storm water’). After 2028 it is hoped the treatment works will have been “updated”.

The tides in Lyme Bay swing between rotating clockwise and ant-clockwise with the rise and fall of each tide. If Budleigh’s sewage holding tank in the Lime Kiln car park gets overloaded then its combined sewage outfall discharges into the sea at the Otter Head to the East of the beach. So depending on the tide and the pattern of discharges Budleigh could suffer a double whammy from its own in the East on half the tide and Exmouth’s in the West, on the other half plus everything coming down the Otter!

Silly question: why didn’t SWW increase treatment capacity first? – Owl

SWW’s own modelling for new pipe-line shows a concentrated E-coli plume heading for Budleigh’s bathing beaches. Can we believe their ‘negligible impact’ statement?

Petercrwilliams fightingpoolution.com 

In response to an Environmental Information Request this week (EIR24031), South West Water’s Head of Legal Compliance provided detailed impact studies of the new Long Sea Outfall pipe being installed off Sandy Bay / Straight Point.

This outfall discharges treated effluent from our region’s only sewage treatment works (STW), but also acts as a storm overflow for untreated sewage when the treatment works cannot cope (normally after rain). Maer Lane STW processes all the sewage from Exmouth and Budleigh and the surrounding area, ‘fed’ by a network of pumping stations like Budleigh’s Lime Kiln pumping station. Any sewage going into any of our rivers or sea which has NOT been through Maer Lane STW is, by definition, untreated.

The sewage infrastructure around Exmouth has been failing for some time, with regular discharges going in to the Exe Estuary, even with small amounts of rain. The Exe is also home to our only two officially designated shellfish waters – which means they are subject to additional protections.

The extract below is from South West Water’s 2024 Exmouth roadshow, detailing their plan to reduce the sewage overflows into the Exe estuary.

So, the plan is to “move the spills from the Exe Estuary to the Sewage Treatment Works outfall”. To do that they are increasing the capacity of the pumping station and pipes from both Phear Park and Maer Road pumping stations (see the map above) – pumping this sewage up to the Sewage Treatment Works (STW). So that extra volume of sewage will be arriving at the STW during periods of rainfall, from Autumn 2024.

However, this treatment works already fails to cope with what it receives during any rain, dumping 1,200 hours of untreated sewage into the sea in 2023 alone. SWW acknowledge this in their flyer below, stating: “additional treatment capacity will be needed to process storm flows and reduce the operation of the Sewage Treatment Works overflow” (ie: untreated sewage dumps).

SWW have an ambition to upgrade these treatment works in 2028, but they currently appear to have no funding approved, no specific designs, and no land to build this on. There is certainly no guarantee that this timing will be achieved.

Critical question then: when all of this additional load arrives at Maer Lane STW, from Autumn 2024, what will happen to the excess, untreated, sewage?

SWW are clear: “The current Long Sea Outfall does not have capacity to take these increased flows; so we’re upgrading the pipe.
Work to increase the capacity of the outfall at Sandy Bay, by putting in a new pipe, is well underway. To be completed by September 2024

In the response to the EIR, they state the max capacity of this new pipe is 990 litres / second.

SWW state that, until the STW are updated in 2028, nearly three quarters (72.5%) of all the liquid being pumped down the pipe will be untreated (‘storm water’), and only 27% will be treated effluent from the treatment works. Even after any upgrade works to the treatment works (2028+), 45% of the outflow from this pipe will be untreated sewage.

In figures just released for 2023, Maer Lane STW discharged untreated sewage through the old storm overflow 83 times, for a total of 1,200 hours. Maer Road pumping station discharged 74 times for 883 hours, and Phear Park pumping station 31 times for 231 hours. A total of 188 untreated sewage discharge occasions (so about one every second day) for 2,300 hours.

As we have seen, SWW’s plan is to move as much of these spills as they can through the new, upgraded outfall pipe, just off Straight Point.

Due to this significant increase in volume, we requested specific, detailed information on what modelling had been done on where this untreated sewage will go after it’s released from the pipe. SWW responded by saying that their modelling showed no impact on the Exe Estuary or towns to the East of the Exe.

However, they did state that modelling showed an impact on Budleigh Salterton: “given the increase in storm volumes and the fact the modelled plume was shown to impact the (Budleigh Salterton) bathing water under certain conditions.”

Only a single scenario was modelled in SWWs response, which clearly shows how a discharge at straight point, with prevailing winds and currents, does push an E-coli plume directly for Budleigh’s western beach, passing Eastwards, right along the shore line. This modelling also reflects very much what we experience when regularly kayaking from Budleigh up to Straight Point and back.

For context, The yellow cross top right, is just about where the Longboat Cafe is situated, with Steamer Steps to the West.

Although it’s difficult to relate these modelled E-coli concentrations to the legal safety limits, it’s clear that the yellows, oranges and red colours are at the highest end of the concentration scale, and that this e-coli plume comes both close to the beach just around Steamer Steps, with the current pushing this right along towards Lime Kiln.

SWW’s response to our FOI includes this statement: “A statistical check was required to evidence no deterioration at Budleigh Salterton given the increase in storm volumes and the fact the modelled plume was shown to impact the bathing water under certain conditions. It was concluded that statistically the increase in storm volumes coming from the Straight Point outfall will have a negligible impact on bathing water quality at Budleigh Salterton Bathing Water.”

This statement appears contradictory. The modelling “shows there is an impact” – yet the increased sewage discharged “will have negligible impact”.

It’s also worth mentioning (again), that SWW only count the ‘beach’ as being the section by the Longboat Cafe (which in this instance is some way further East of the main plume concentration). What about modelling the E-coli concentrations off Steamer Steps, where the vast majority of Budleigh’s local swimmers are active all year round?

What are we asking for?

This ‘plan’ aims to concentrate sewage overflows into the sea off Straight Point. The upshot of that – as their own modelling shows – is to risk pushing “a plume of e-coli towards Budleigh”. This situation may improve sometime after 2028, but there are no guarantees on the timing or the effectiveness of any work there – and it’s at least 4 years away.

There is a danger that SWW see this plan as a way to reduce their operating costs over the next four years, by dumping huge volumes of untreated sewage into our beach area. We need them to understand that this is not a free-pass, and that they need to do whatever is necessary to treat the max possible sewage, and discharge only as an emergency valve.

The response from South West Water raises as many questions as it provides answers. What are the modelling plots for all states of tide and conditions? How regularly will the plume spill out towards Budleigh beach (it certainly seems the prevailing current when we are kayaking in that area)? Does the modelling take account of the actual level of sewage dumps (eg: 2023 values), rather than SWW’s ‘aspirational’ spill targets’? We need proper assurances – and for South West Water to agree actions to mitigate this harm.

It would also be great to see SWW investing in infrastructure which actually properly collects and treats our sewage, rather than large capital projects (Lime Kiln CSO pipeline, Sandy Bay / Straight Point pipeline) whose aim is just to more effectively discharge increasing amounts of untreated sewage into our seas.

“Chatty rats” in the Tory party whisper to Owl that, emboldened by the success of his Easter Honours list, the PM is contemplating giving any of these 98, not already “recognised”, a Knighthood. He believes this will give them a fighting chance at the election.

He also wants to ensure their loyalty.

Of course, those 20 or 30 who are thought to have submitted a “Dear Sir Graham” letter to the Chair of the 1922 Committee will be expected to withdraw their letters in exchange.

The first tranche of these “Loyalty” Knighthoods and Damehoods could be announced in a surprise “St George’s Day” honours list later in the month.

Our Simon failed to be nominated in the Easter list, if he fails to make it into the “St George’s” list, he might still make it in the expected follow on “Mayday” list.

Or is he now a “lost cause”?

So watch this space! – Owl 1/4/24

Mid Devon District Council did not scrutinise its property firm ‘robustly enough’

Poor oversight of a controversial housing firm owned by Mid Devon Council contributed to its failure and financial losses, a new report has revealed.

Bradley Gerrard, local democracy reporter www.radioexe.co.uk 

External auditors Grant Thornton highlighted two areas of “significant weakness” linked to 3 Rivers Developments, namely that the council did not adequately scrutinise the firm and that the delay in approving the company’s 2022 business plan dented the authority’s reputation.

“The council did not exercise its shareholder role effectively, contributing to the failure of its arm’s length company and a significant financial loss,” the report said, adding that a protracted debate over the firm’s business plan “damaged the council’s reputation and meant the council was not able to set its budget in a robust and timely manner”.

The auditors acknowledged that the local authority did now have a plan to close the company, but its predicted net loss of £6 million could be higher or lower, and that even if it was correct, it represented “a significant amount” for a council of its size.

Andy Nichols, a senior manager at Grant Thornton, which is being replaced as Mid Devon’s external auditor by Bishop Fleming, said that the council’s oversight and stewardship of 3 Rivers was “insufficiently strong”.

He told the council’s audit committee.: “By 2022/23, there had been quite a lot of significant change in the operating environment, and while this was not all in the council’s control, such as rising inflation and interest rates, it’s clear that the council’s original objective [for the firm] in 2017 to deliver a financial return had not been fulfilled.

“The role of a shareholder is to hold a company to account using good quality financial risk and financial performance information, but it is incumbent for the council to ask whether, through the company, it is achieving its objectives, and where that is not happening to stand back and review whether it is achievable.

“That’s always good practice, but that did not take place.”

Mr Nichols added that the debate around the 2022 business plan was “not conducted in a sufficiently constructive and prompt manner”, and ultimately prevented the council from setting its budget for the 2023/24 financial year in time.

The report, which also highlighted “mission creep” from one objective to another, and stated that the council did not routinely compare 3 Rivers’ performance to its expectations, is likely to embolden members of the public who routinely raise questions about the firm and their perception of mismanagement.

Speaking after the meeting, resident Goff Welchman said he and his fellow critics would “keep on and on and on until something is done about it”.

He continued: “Some people will get heartily sick of it, but we won’t let up.

“You can count on me to keep picking at the scab until something happens, as this has had an impact on the public finances.”

He added that one of the authority’s newer councillors had spoken to him after the audit committee meeting to thank him for his persistence.

“The councillor said it was very enlightening for them as they were a new member of the council and so didn’t know as much about 3 Rivers as I do,” Mr Welchman said.

Resident Paul Elstone is also pleased about the Grant Thornton report. “It reinforced our concerns about the way the company was set up, and the lack of full and proper due diligence,” he said.

Mid Devon’s scrutiny committee set up a working group last year to learn lessons, with the aim of outlining mistakes made with 3Rivers and which shouldn’t be repeated if the authority starts another company..

The group outlined 10 lessons. However, critics claim its scope had unnecessary parameters, and that it was not given enough time to thoroughly delve into all the issues.

Councillor Rhys Roberts (Conservative, Cadbury) told this week’s audit committee that the council had taken “difficult decisions” to stem its losses in relation to 3 Rivers, and acknowledged it had been a “difficult process for councillors and officers.

“I believe it has been the right decision [to close the company] but I don’t believe we are in a position to say the lessons have been learned,” he said.

“It would be helpful if we can debate the actions and suggested measures that the working group set out in its report, alongside Grant Thornton’s report, and move to that area of the exercise so that we can repair the reputation of the council and improve public confidence.”
 

Plus: hospital admissions for diseases transmitted by water-borne infections rose 57 per cent between 2010 and 2022. 

Adam Vaughan www.thetimes.co.uk

A third of Thames Water’s sewage monitors do not work properly, analysis of official figures has revealed.

The new data comes on a torrid week for the UK’s biggest water company, after shareholders refused to inject £500 million into the heavily indebted business on Thursday, leaving it scrambling for funding and raising fears of the government having to put it into special administration.

Thames Water’s contribution to the state of the country’s rivers also came to the fore this week after new data showed a record number of sewage spills nationally last year after wet weather. The company had the biggest relative increase in raw sewage spills, which soared 112 per cent to almost 17,000 in 2023.

Yet even that number is likely to be an underestimate, according to an analysis of Environment Agency data by the Liberal Democrats. Across England, about 2,200 of the 14,500 monitors on storm overflows which discharge sewage into rivers and seas are not working properly.

Faults can mean monitors not operating for more than 90 per cent of the time, as required by regulations, or problems owing to installation or design issues. Across the industry in England, an average of 15 per cent of monitors are faulty. However, that jumps to 33 per cent at Thames Water, making it the worst company in the sector.

The high figure will also impact the reliability of a real-time spills map published by the company, which still remains the only firm to offer such information on dumping in rivers.

After Thames, the worst companies for faulty sensors were Southern Water and Yorkshire Water, both on about 18.5 per cent. The lowest share was at 4.4 per cent at Wessex Water.

One Southern Water monitor for the Solent was faulty throughout 2022 and only worked for 30 per cent of last year. One Northumbrian Water monitor at Brancepeth, Co Durham, has been recorded as broken for two years.

The government and the water industry have repeatedly boasted about how comprehensively sewage spills are surveyed, after monitoring 100 per cent of outlets at the legal deadline last December.

However, the reliability issues have led the Lib Dems to accuse water firms of a cover-up. “Water companies could be complicit in an environmental cover-up,” said Tim Farron, the Lib Dem environment spokesman. “Why on earth would a firm install these monitors if they don’t even work? The scale of the sewage scandal could be even larger than originally feared.”

A Thames Water spokesman said: “Taking action to improve the health of rivers is a key focus for us and we want to lead the way with our transparent approach to data. We have experienced higher than average long-term rainfall across London and the Thames Valley with groundwater levels exceptionally high for the time of the year.”

A Water UK spokesman said: “Due in part to their operating outdoors and in all weather conditions, some monitors will occasionally be temporarily out of action while maintenance is underway. This has improved and the regulator has taken tough new powers to ensure the highest standards.”

The analysis came as Labour highlighted NHS data showing hospital admissions for diseases transmitted by water-borne infections rose 57 per cent between 2010 and 2022. Counting 15 water-borne diseases, the number of admissions increased from 2,085 people to 3,286. The biggest single cause was Salmonella enteritis, which can be caused by eating contaminated food or drinking contaminated water. Labour claimed the increase showed “the horrific impact of the Tory sewage crisis”.

As Paul Arnott says the figures from the Environment Agency make for some shocking reading – showing just how widespread a crisis South West Water’s failure to get on top of sewage overflows really is.

Coming in at nearly 10,000 hours – half the total duration of all the 20116 hours of sewage spills in East Devon by South West Water throughout 2022 and 20% of the 2023 total – Tale Vale ward, encompassing villages like Talaton, Payhembury, and Dulford, suffered the most overflows in the East Devon in 2023. 

This is a stark illustration that sewage ‘poollution’ is not just a problem for our coastal towns like Exmouth: it affects all of us.

Remember, the inland “spills” all end up in local water courses and tributaries eventually polluting one or other of our four rivers the: Exe, Otter, Sid or Axe. These then pooliute our swimming water, beaches and the sea.

The table below shows the spill duration data as published by the Environment Agency for the “Top Ten” pooluted East Devon wards in 2023, compared to 2022. These top ten account for 80% of the total 2023 spills in East Devon.

(Caution: not all combined sewage overflows have been monitored during this period – there are some suspicious zeros in 2022. And emergency overflows have not been monitored at all.)

East Devon top ten wards for recorded sewage spills in 2023

A marine biologist has revealed raw sewage being dumped in the English Channel has left every marine species in the water “full of cocaine, amphetamines and MDMA”.

Barney Davis www.independent.co.uk 

Traces of the drug routinely make their way into Britain’s waters after passing through users’ bodies, and could be altering the natural behaviour of some fish including whether they fight or take flight from danger.

Professor Alex Ford, working alongside Dr Tom Miller of Brunel University, has been investigating the impact of one huge sewage pipe in Hampshire’s Langstone Harbour which carries the waste of some 400,000 Portsmouth residents.

He told The Independent: “I was shocked when I saw the readings to be honest.

“These are unpublished results but so far we have tested crabs, shrimp, oysters, limpets, worms and seaweed.

“We thought [cocaine] would make shrimp swim quicker but it’s hard to compare to other creatures.

“We don’t know the full effect of it entering the water cycle, unfortunately. Many of these organisms will be exposed to a wide spectrum of different prescribed and illegal drugs.”

He insisted the drugs are in such small traces that they wouldn’t be able to kill an aquatic creature by overdose but the drugs, especially cocaine, amphetamines and MDMA, could alter their behaviour.

He added: “We don’t really know the full effects of cocaine on behaviour change but studies using other behavioural altering drugs such as antidepressants and anti-anxiety meds can cause changes in a wide variety of behaviours including swimming activity, reproductive behaviours and predatory escape responses.

He added: “Some industrial chemicals like the forever chemicals in our frying pans and waterproof stain-proof clothing are bioaccumulating up the food chain.

“One Australian study predicted duck-billed platypus were getting 60 per cent human equivalent dose of antidepressants through eating stream invertebrates.”

“In the marine life, we are finding they are full of drugs – contraceptive pills, antidepressants – every single marine species that we’ve looked at so far is full of cocaine.

“If you give a fish contraceptive pill it starts to feminise, if you give crabs antidepressants it changes their behaviour because those drugs were designed to change behaviour.

“If you give them illegal drugs as well, it has very much the same effect it has on them as it would do on people.”

The professor called for a full public inquiry into the actions of water companies as raw sewage discharges into rivers and coastal waters more than doubled to record levels in England last year, new figures show.

Environment agency data published on Wednesday showed there were 3.6 million hours of spills in 2023, compared with 1.8 million in the previous 12 months.

Water companies discharge waste into rivers and seas when sewers are overwhelmed by rainwater, with outlets known as storm overflows acting as relief valves when rain is particularly heavy.

In a 2018 study, biologists at the University of Naples Federico II put European eels in water containing a small dose of cocaine – similar to the amount found in rivers – for 50 days.

They found the fish “appeared hyperactive” compared to eels which had not been kept in waters containing cocaine.

The drug accumulated on the brain, muscles, gills, skin and other tissues of the cocaine-exposed eels, researchers said.

The eels’ skeletal muscle showed evidence of serious injury, including muscle breakdown and swelling, which had not healed 10 days after they were removed from the drug-contaminated water.

Owl has also received images of damage to beach huts in Budleigh (see below). 

Owl’s Budleigh correspondent points out that huts were badly damaged in the Spring ten years ago and observes that, in recent years, some owners appear to be putting their huts up early and taking them down late. Gales are quite likely from mid October to end of March and this creates a potential H&S flying debris issue. This is likely to get worse with global warming.

Anita Merritt www.devonlive.com

Beach hut owners have been condemned for putting themselves at risk amid a raging storm in an attempt to salvage their beach huts. Coastguards were called to Seaton beach last night, March 28, following reports that people were on the beach as waves battered the huts.

Dramatic photographs of the scene today, shared on social media by Beer Coastguard Rescue Team, show the extent of the damage caused to some of the beach huts. One appears to have been completely flattened while another is shown upturned.

Others have been shunted off their bases with the doors broken following yesterday’s onslaught of high winds and heavy rain.

Beer Coastguard Rescue Team posted on its Facebook page: “Seaton beach this morning after last night’s high tide and storm. Beer and Lyme coastguards were tasked to attend last night as some people were putting themselves at risk of injury by trying to get to their beach huts as seas were breaking over them.”

Damage caused by the storm to beach huts in Seaton (Image: Beer Coastguard Rescue Team)

Yesterday, March 28, the Met Office extended its yellow weather warning for the region until midnight. It warned of gale-force winds expected for much of the south. Today’s weather is a much calmer picture with a mixture of sunny spells and scattered showers predicted in the south west.

Damage caused by the storm to beach huts in Seaton (Image: Beer Coastguard Rescue Team)

Beach huts at Budleigh 2024

Budleigh in 2014 (When EDDC contemplated all year leasing)

South West Water claims it has no legal responsibility to keep the rivers and sea in the counties clean and clear of sewage.

South West Water also says it is the responsibility of the Government and the EA to ensure clean water, not the water companies that manage the nation’s rivers and coastline.

Owl has consulted a local historian who points out that:

The medical recognition of the value to health of sea water is recorded in various medical treaties of the mid eighteenth century. The first reference to bathing in the sea in Devon was made by Bishop Pocock of Exeter in 1750 at Exmouth, which by 1759 boasted of its bathing machines.

Royal patronage by George III of the “cure” in Weymouth 1798 ensured the rise to prominence of the “Seaside Town” as an alternative to the “Health Spa”.

Typical contemporary medical advice, recorded in the “Royal Magazine Teignmouth” in 1762 reads: “For the sake of drinking that fashionable purging draught, seawater, and bathing…..numbers of people from all parts resort here in the summer season, and cripples frequently recover the use of their limbs, hysterical ladies their spirits and even lepers are cleansed.”

So the amenity of bathing in the sea to health is long established and fundamental to the existence and prosperity of Exmouth.

Public has no right to swim in sea, claims firm that dumped sewage at bathing spot

David Parsley inews.co.uk 

South West Water is claiming it has no legal obligation to keep rivers and seawater clean of sewage in its defence against a Devon swimmer who is taking the water company to court.

Jo Bateman, who attempts to swim every day off the coast of Exmouth, is taking legal action against South West Water, claiming its frequent sewage discharges into the sea have taken away her legal right to a public “amenity”.

However, in its defence to Ms Bateman’s claim, seen by i, the water firm states no one has a legal right to swim in the sea.

Despite owning the sewage network in Devon and Cornwall, South West Water also claimed it has no legal responsibility to keep the rivers and sea in the counties clean and clear of sewage. Water companies are, however, subject to regulation enforced by the Government and Environment Agency (EA).

The company said Ms Bateman’s claim has “no basis in law” and requested that the case be struck out and, instead, go to mediation.

Ms Bateman told i: “There is no chance I will go to mediation just to hear their public relations guff about how well they’re doing to improve the sewage network. I want to see them in court and that’s what I will do.”

On Thursday, figures from the EA showed that South West Water was one of the UK’s biggest polluters, and was responsible for three of the 10 worst pollution spots across England in 2023.

This week, i revealed the EA was investigating all South West Water’s sewage overflows since December.

Water companies are only permitted to discharge sewage into rivers or the sea if adverse weather conditions cause storm overflows. To do so in moderate weather conditions can be considered illegal.

In its defence against Ms Bateman’s claim that she has lost an amenity she is entitled to, South West Water states: “The law does not recognise such rights, nor does the law impose a duty on South West Water.”

For wild swimming – outside the bathing season – there is no legal duty to achieve a certain water quality standard, the firm said.

Its added that even during the peak summer holiday season, South West Water and other firms have no duty to meet certain water quality standards.

The defence states: “Even during the bathing season, there is no absolute right to swim each day.”

South West Water said it is the responsibility of the Government and the EA to ensure clean water, not the water companies that manage the nation’s rivers and coastline.

Neither the Department of Environment, Food and Rural Affairs nor the EA would comment on South West Water’s claims.

While rejecting Ms Bateman’s claims, South West Water acknowledged her “understandable concern about the environment”, adding “it is a concern shared by many of South West Water’s customers, and by South West Water itself”.

The firm has said it is investing record amounts to reduce the use of permitted storm overflows across the region, including £38m earmarked for Exmouth up to 2030.

Ms Bateman, who is claiming compensation of £379.50, has submitted an action to the Small Claims Court, alleging illegal sewage spills have affected both her physical and mental wellbeing.

She has detailed 54 instances when she believes the water company illegally dumped sewage into the sea during 2023. Ms Bateman is claiming the company’s pollution of the Exmouth coast has led to what is legally known as a loss of amenity, which means she must prove she has been injured.

Ms Bateman added: “Their defence is 16 pages of guff. They’ve said things like, I don’t have a legal right to swim in the sea, which, of course, is absolutely rubbish.

“It’s widely documented that you have a right to go in what are described as tidal and navigable waters, which obviously includes Exmouth’s beach and the River Exe.”

Many clean water campaigners dispute South West Water’s claims.

The Outdoor Swimming Society believes there is a right to swim in tidal and navigable waters. The coastline in Exmouth is both tidal and navigable.

It states “there is a public right of navigation” on all rivers and coastlines that can be navigated by any non-powered boat, and therefore “a right to swim”.

Kate Rew, co-founder of the society, added: “As human beings, we have the same right to clean water as we do to clean air.”

Daniel Start, the author of Wild Swimming, said: “Everyone is legally entitled to swim in the sea or tidal waters.”

Geoff Crawford, co-founder of End Sewage Convoys And Poollution Exmouth, criticised South West Water’s response to Ms Bateman’s claim.

“I believe that the company has both a legal and moral obligation to not pollute, to minimise pollution and use of emergency overflows to a minimum and to treat sewage as they are contractually obliged to do, not to discharge, overflow and dump it in our rivers, seas and wildlife sanctuaries.

“They seem to have and even speak with an utter contempt for anything other than maximum profit.”

However, a solicitor familiar with swimming rights suggests the law is not as clear as campaigners suggest.

Nathan Willmott, a partner at law firm Ashurst, said: “The statutory regime governing water companies has been held by the courts to cancel out certain common law rights that water users would otherwise have against water companies for allowing sewage discharge into the water and making it unsafe to swim in.”

But he suggested that if South West Water were to be found guilty of breaching the regulations on when sewage can been spilled into the sea, then its immunity from prosecution may not apply.

South West Water declined to comment on an ongoing legal case.

The water regulator Ofwat was contacted for comment.

The law on prosecuting water companies over sewage spills

The law around whether an individual can take legal action against sewage discharges appears to provide immunity to water companies if they are abiding by the Environment Agency (EA) regulations on spills.

David Green, a senior partner at law firm Edwin Coe, refers to a 2022 Court of Appeal decision in The Manchester Ship Canal Company v United Utilities Water case.

In 2022, a Court of Appeal decision found claims against water companies, that may have existed under common law, were superceded by the Water Industry Act 1991. It meant that if sewage discharges were due to an inadequate infrastructure, then the companies were not legally liable.

The ruling agreed that United Utilities’ regular discharges of untreated sewage into Manchester Ship Canal would, in common law, give rise to a legitimate damages claims. It was also undisputed that discharging untreated sewage was a breach of the EA regulations. 

Mr Greene agrees with South West Water’s claim that “the regulatory regime is enforceable ultimately by government”. 

However, Mr Greene added that the Court of Appeal’s judgement left open the possibility that common law claims could be valid for discharges caused not by “policy” or “capital expenditure” decisions but rather “operational” or “current expenditure” issues.  

“Whatever the conceptual tenability of this distinction, obtaining evidence pointing to an ‘operational’ decision leading to discharge is likely to be challenging,” added Mr Greene.

Nathan Willmott, a partner at law firm Ashurst, shared Mr Greene’s assessment.

He added: “While certain common law claims may persist – for example where the reason for the sewage release is ‘operational’ rather than infrastructure based – there is little incentive on the part of the water companies to prevent those releases of untreated sewage into rivers as there is little or no risk of civil claims being pursued against them.”