South West Water on the Isles of Scilly

South West Water (SWW) need to upgrade the wastewater infrastructure on the Isles of Scilly to meet legal and environmental requirements.

The company inherited the wastewater system from the Council of the Isles of Scilly in 2020. Before then, the islands' wastewater arrangements sat outside the legal framework that applies to most wastewater systems in England. When the legislation changed and responsibility transferred to South West Water, the company became responsible for bringing the infrastructure up to the required standards.

To give SWW time to complete these improvements, we agreed a five-year Local Enforcement Position (LEP) covering the period from 2020 to 2025.

In December 2024, SWW asked us to extend the LEP. After considering the circumstances and taking legal advice, we agreed to extend it and issued an Anti-Pollution Works Notice alongside the LEP. This requires appropriate treatment to be installed and operational by 30 September 2027.

If SWW do not meet this deadline, they will not have complied with the notice. We will then consider enforcement action in line with our Enforcement and Sanctions Policy.

SWW have submitted a permit application for the proposed upgrades. We need more information from them before we can begin determining the application.

A Local Enforcement Position (LEP) is not a permit and it is not permission from the Environment Agency.

It is a regulatory decision that sets out circumstances where we would not normally take enforcement action against a specific activity. This only applies where:

• the conditions of the LEP are met
• the activity is temporary
• the risks are understood and controlled
• there are no unacceptable impacts on people or the environment

We consider requests for LEPs on a case-by-case basis. In exceptional circumstances, they enable us to take a pragmatic approach while continuing to protect people and the environment.

An LEP does not remove regulatory oversight.

From 1 April 2025, the Isles of Scilly assets became part of South West Water's Environmental Performance Assessment (EPA). Any incidents or permit breaches linked to those assets are now included within the assessment and can affect the company's star rating, regardless of the LEP issued to South West Water.

The current wastewater system is ageing and does not meet modern sewage treatment requirements.

We know that SWW need to improve the wastewater infrastructure on the Isles of Scilly. We welcome investment that will reduce environmental risks, improve resilience and better protect the islands' sensitive coastal and marine environment.

Government policy currently requires secondary treatment for coastal discharges serving communities above 2,000 population equivalents, unless a robust case is made and accepted for an alternative approach.

SWW have submitted a permit application proposing fine screening and a new long sea outfall as an alternative to secondary treatment.

Before we can make a decision, we must assess the application through the environmental permitting process. This assessment will be supported by evidence including dispersion modelling, water quality data, environmental impact assessments, population and flow calculations, and monitoring proposals. We are still waiting for some of this information.

Until that assessment is complete and a permit decision has been made, our position remains that secondary treatment is the applicable requirement.

Yes.

Once we have all the information we need from SWW, we will formally accept the application as duly made. This means we have enough information to begin determining it.

We will then open a public consultation within 30 working days so people can give their views on the proposals.

If we decide the application is of High Public Interest, we may extend the consultation period, carry out wider communications activity and, if appropriate, consult again on draft documents produced during the determination process.