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Nearly 1,000 residents of Devon beauty spot sue water company over sewage

Nearly 1,000 residents of a seaside Devon town have joined a legal claim against South West Water after sewage spills blighted their coastline during peak holiday season.

Repeated sewage discharges sparked “no swim” alerts at Exmouth’s popular beach during the August bank holiday weekend last year.

    The spills, which were caused by a burst sewer, cost businesses thousands of pounds as tourists avoided the beauty spot for other coastal towns.

    While the water company claimed the issue had been solved after installing a temporary overland pipe, no-swim notices were imposed on two further occasions during August, including over the key bank holiday trading weekend.

    South West Water (SWW) said businesses were not entitled to compensation under Ofwat’s Guaranteed Standards Scheme.

    Exmouth residents joined together to launch collective action against the company in October, seeking compensation for the environmental damage and business costs they incurred as a result of the water pollution and closed beaches.

    Nicky Nicholls, of beachside retail and leisure hub Sideshore, has liaised with legal firm Leigh Day on behalf of local residents to lead the case.

    She told The i Paper that the sewage discharges last summer marked a “crisis moment” for the town.

    “The beaches were red flagged, literally just before the bank holiday.

    “It became national news and suddenly the tourists just left and the car parks were empty. It was a crisis moment for a town that needs its tourist economy to survive.

    “At that point, the businesses had a conversation and said, ‘Enough is enough’.

    Nicky Nicholls, of beachside retail and leisure hub Sideshore (Photo: supplied)

    “We have amazing people here who have tried to have conversations with South West Water and nothing has ever come to anything.

    “It felt like legal action was our final resort.”

    Ms Nicholls added that “just shy of a thousand people have signed up” to the case, with residents from Exmouth, Budleigh Salterton, Lympstone and Woodbury being called on to join.

    In September, Edward John Morgan, 52, who runs watersports business Red Rock in Exmouth, said the sewage spills during the summer cost him “thousands of pounds” in cancellations and refunds to customers who were unable to enter the water.

    He told The i Paper that Exmouth “absolutely relies on the sea to attract the tourists”, adding: “If you take the beach away, you’ve floored us.”

    Edward John Morgan has had to cancel classes because of sewage pollution in Exmouth

    Exmouth resident Jo Bateman, 62, has launched a separate case against SWW on the grounds of a “loss of amenity”, claiming that sewage spills along the coastal town have prevented her from cold water swimming, which improves her physical and mental well-being.

    South West Water has said that it is “serious about tackling storm overflows and change of this scale takes time, ambition, and increased investment”.

    The company has vowed to invest around £38m in the Exmouth area up to 2030 to upgrade its infrastructure, reduce sewage spills and protect the environment.

    The case launched by Exmouth residents against the water company is grounded in a landmark Supreme Court judgement which found that a private nuisance claim can be used against water companies over sewage spills.

    The judgment permitted the Manchester Ship Canal Company (MSCC) to sue United Utilities over a private nuisance caused by raw sewage spills into the Manchester Ship Canal, which MSCC owns.

    Six water firms sued for £500m after 'underreporting sewage spills'

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    The decision opened the door for local communities to hold sewage companies to account over sewage pollution.

    The Labour Government’s new Water (Special Measures) Bill will also introduce harsher penalties for law-breaking wastewater firms, with prison sentences of up to two years for executives who fail to cooperate or obstruct investigators.

    Water companies will be required to publish near real-time information from storm overflow monitors within an hour of each sewage discharge.

    The Bill will also enabled the Environment Agency (EA) to impose “severe penalties more quickly, without having to direct significant resources to lengthy investigations”, for offences related to pollution.

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