River protection bid in East Devon

12th council nationally to take measures

A bid to better protect a Devon district’s river has secured unanimous backing and made the council behind it at the forefront of such efforts.

The decision means that greater focus will be put on considering rivers as a crucial factor in a range of council decisions, ultimately recognising the “intrinsic ecological value” of all rivers and streams.

It also embedded a commitment to work with various agencies and to lobby government via local MPs on the issue, which could include calls for better environmental protections via beefed-up statutes or new laws.

The move makes East Devon District Council only the 12th council nationally to recognise the “rights of rivers”, essentially considering them as a legal entity with rights.

Lewes District Council in East Sussex was the first nationally to recognise the fundamental rights of a river – the River Ouse in their case – and similar moves have now happened elsewhere.

Councillor Paula Fernley (Green Party, Broadclyst) proposed the motion at East Devon’s full council meeting (Tuesday 25 February), securing unanimous support for it.

A host of members expressed their support for the move, although there was some debate about how the words could be turned into actions.

No formal mechanism was expressly stated at the full council meeting, but Cllr Fernley noted that the East Devon Catchment Partnership, a local organisation, was an existing overarching body that could potentially play a key role in ensuring real progress is achieved.

“Our rivers need a lot more support,” Cllr Fearnley said.

“Despite decades of environmental regulation, the ecological health of England’s rivers continues to decline, and as of 2024, no river in England meets good overall status, with the majority failing due to pollution from agriculture, the water industry and urban development.

“Existing environmental laws that treat rivers primarily as property or resources to be managed have not been sufficient to reverse this trend.”

Cllr Fernley said her own “citizen science” confirmed her local river – the River Clyst – was “not in good order”.

She added that councils could play a “crucial role” in recognising the rights of rivers and “normalising the concept”, and that such a move did not create new legal liabilities but provided a framework for “better decisions, stronger advocacy for rivers, and greater accountability in planning, development and environmental management”.

Cllr Fernley noted that the motion helped “reframe rivers as living systems with intrinsic value”, ostensibly granting them ‘rights’, such as the right to flow naturally and seasonally, to perform ecological functions, and to be free from pollution.

She also thanked River Action UK and Westcountry Rivers Trust for their support.

Various councillors called the motion “vital” and “essential” to protect the environment for future generations.

Councillor Geoff Jung (Liberal Democrat, Woodbury & Lympstone) said up until around the 1950s, local councils had been responsible for rivers, drainage and sewage, but the government of the time had installed water boards and river authorities in their place.

“What a fine mess we’re in now,” he said.

“Let’s stop using rivers as a conduit for pollution and use them as the valuable water courses and nature corridors that they should be used for,” he said.

Various references were made to the impact planning and development can have on the area’s watercourses, but Councillor Todd Olive (Liberal Democrat, Whimple & Rockbeare) noted that the council had taken “”really serious and significant steps” to try and protect nature.

“We have done lots of work on the sewage situation in East Devon and now have the years-long water cycle study, which we spent thousands and thousands on, and which is unique in Devon,” he said.

“We are the only council in the county in the past 15 years to produce one.” He added it was a “leading piece of work” that makes clear where there is and is no sewage capacity for more homes, and that this information would help it either block new homes or put so-called Grampian conditions upon developers that require certain sewage works to be concluded before homes can be built or occupied.

Councillor Olly Davey (Green Party, Exmouth Town) said the motion “reframes the way we view rivers”, and so thought it was “very important and not just a collection of words with rather vague aspirations”.

“If we don’t live up to it, then come and tell us,” he said.

“It’s there for people to say ‘you said this in that motion, which you all voted for, that you would do something but you haven’t’, so come and pick us up on it [if necessary].”

The motion’s seconder, Councillor Jess Bailey (Independent, West Hill & Aylesbeare), said she “takes on board the comments from members and the public speakers” that the council had to take a leadership role.

“Actions speak louder than words and we need to demonstrate leadership through our remit and powers that we do have,” she said.

She added that it could be possible to create some form of action plan so that progress could be recorded and measured.

The council voted in favour of the motion, with a pledge to create a more formal mechanism around how to monitor progress. The council leader, Councillor Paul Arnott (Liberal Democrat, Coly Valley) did state he would be happy for the cabinet to help provide oversight on the issue.