If the arguement is that it is a membership organisation and can then say the EA doesn't apply, why was the consultation open?
But on the other hand if non members can swim there, are they saying that their facilities are open to members of the public but must accept what the members say the rules are.
Sadly unless there was a significant boycott of the "Women's" Pond they wont budge.
Even if a large number of local women said they felt exculded by the trans inclusive position they could be fobbed off by being told they aren't a public service provider.
I think that the fact that Sex Matters were said to not have status is important.
Presumably the Committee feels the responses to the consultation justify their decision.
ie they have allowed both members and no members to have a voice.
I think this is a sort of illustration of what the future holds. There will be more and more situations where institutions will conduct some sort of consultation to show that the majority that trans inclusive is okay, and biological women only is one a minority that there is no obligation should be catered to.