Council urged to launch statutory nuisance investigation over sewage in Lake Windermere

Campaigners have demanded Westmoreland and Furness Council investigate a statutory nuisance complaint over untreated sewage discharge into Lake Windermere.

The group, Save Windermere, has employed the services of Nicholas Ostrowski of Six Pump Court in an attempt to encourage the council to launch a statutory nuisance investigation into United Utilities, under Section 79(1) of the Environmental Protection Act 1990.

It is thought that this will be the first time the legislation is used in relation to sewage discharges.

Save Windermere claim that United Utilities, which provides water and water services in the North West of England, has put Windermere "under threat" after an event saw the untreated sewage into the lake in February 2024.

Save Windermere contends that sewage discharging in Ambleside constitutes a nuisance in two categories set out in Section 79(1) of the 1990 Act.

In a statement, the group said: "First, s.79(1)(e) confirms that a statutory nuisance can occur from 'accumulations or deposits'. Save Windermere contends that due to the accumulations of suspended solids in untreated sewage, a nuisance has occurred.

"Secondly, in addition to or as an alternative to the above, s.79(1)(h) of the Environmental Protection Act 1990 states that a statutory nuisance would include, 'any other matter declared by any enactment to be a statutory nuisance'.

"S.259 of the Public Health Act 1936 states that a statutory nuisance would include: 'Any pond, pool, ditch, gutter or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance'."

The group noted that the courts in R v Falmouth and Truro Port Health Authority [1999] Env LR 833 (and on appeal [2001] Q.B. 455) "have already found that a statutory nuisance can occur from a sewer discharge into a watercourse albeit in that case there was held to be no statutory nuisance because the waterbody into which the sewage was discharged (a tidal estuary) was not a pond, pool, ditch, gutter or watercourse".

"There is no such problem in this case as the river Rothay (and Lake Windermere) are plainly watercourses," it said.

A spokesperson for Westmorland and Furness Council said it is considering its response to the complaint.

A United Utilities spokesperson said: “Over the last two decades, we have invested £75 million upgrading wastewater treatment sites, pumping stations and sewers around Windermere, with £45 million of that work completed in 2020. Total phosphorus in Windermere has reduced by 30% as a direct result of that investment.

“We have already started work on a further £41 million of investment into the Windermere catchment between now and 2030 to reduce storm overflow operation at Elterwater, Hawkshead, Ambleside and Near Sawrey. This will reduce spills by 50% on 2022 figures and is expected to reduce total phosphorus by a further 4% and 8% in the two basins of Windermere.

“And we are continuing to work with all organisations that impact water quality in the lake including farmers, septic tank owners, hotels, campsites, highways authorities and landowners to deliver the step change that we all want to see.”

Adam Carey