Smoke Control Order Consultation

Poor air quality is an issue of national significance as a public health issue, as it contributes to the development of numerous diseases including cancer, heart disease and asthma; children, the elderly and those with respiratory issues are particularly at risk.

Smoke from chimneys contains particulate matter, which when breathed in can cause impacts on everyone’s health as shown below:

Pregnancy

Children

Adults

Elderly

Low birth weight

Asthma

Asthma

Asthma

 

Slower development of lung function

Coronary heart disease

Accelerated decline in lung function

 

Development problems

Stroke Lung cancer

Lung cancer

 

More wheezing and coughs

Chronic obstructive pulmonary disease

Diabetes

 

Start of atherosclerosis

Diabetes

Dementia

 

 

 

Heart attack, heart failure and stroke

Source: Air Pollution - Chief Medical Officer’s Annual Report 2022 (publishing.service.gov.uk)

Gedling Borough Council is committed to improving the health and wellbeing of the local community - improving local air quality is one way in which we are working to achieve this goal.

Legislation

The Clean Air Act 1993 gives local authorities the power to make a ‘smoke control order’; properties falling under such an order are subject to restrictions on the emission of smoke from chimneys attached to buildings.

The Clean Air Act 1993 was amended by the Environment Act 2021; this fundamentally changed how smoke control orders work and how the rules are enforced by local authorities.

Under the amended restrictions, it is unlawful to emit smoke from a property that falls under a smoke control order. Officers of the council can issue a financial penalty of between £175 and £300 where they witness the emission of smoke from a chimney, regardless of the appliance being used or the type of fuel burned. Correctly seasoned wood, timber or logs will need to be used in a DEFRA approved stove or smokeless fuel should be used.

As well as a change to how smoke control orders work, there has been a change to their scope. Local authorities now have the discretion to extend the scope of their smoke control orders so that their restrictions include moored vessels (i.e. river and canal boats, although smoke emissions are allowed from fuel used by an engine to move or provide electric power to the vessel).

Existing Smoke Control Orders

The Council made forty-one smoke control orders made between 1962 and 1994. These orders currently geographically cover only 21% of the Borough but include 81% of the residential properties.

The Smoke Control Orders currently cover most of the urban area and Calverton, Newstead and Bestwood villages. The current Smoke Control Orders do not cover the villages of Ravenshead, Linby, Papplewick, Lambley, Woodborough, Burton Joyce and Stoke Bardolph and the surrounding countryside.

View the map of current orders below or visit the Smoke Control Order map webpage. 

Restrictions on smoke here only apply to buildings or furnaces with chimneys, not bonfires or chimineas etc.

Proposed Changes

The Council is considering revoking the existing smoke control orders and replacing them with a single smoke control order, which will cover the entire borough. The proposed smoke control order will:

  • Bring simplicity - one smoke control order will apply to the entire borough.
  • Ensure the smoke control order reflects the current Council boundary.
  • Protect the health of all residents.
  • At the moment we are not considering including moored vessels within the scope of the smoke control order. It is understood that we have no permanent moorings and only three leisure mooring at Stoke Lock. But we would like to hear your views.

Frequently Asked Questions - Smoke Control Areas

FAQ's

Q. What are the rules in a Smoke Control Area?

A. You cannot emit smoke from a chimney within a building. You can burn only an authorised fuel unless you use an appliance approved by DEFRA (known as an ‘exempt appliance’). View the list of authorised fuels on the DEFRA website.

You must not buy an unauthorised fuel for use in a smoke control area, unless it is to be used in an exempt appliance - view a list of exempt appliances on the DEFRA website.

You can be fined up to £1,000 if you break the rules. You can visit the Government Website Smoke Control Area Rules for more information.

Q. What are authorised fuels?

A. Authorised fuels are fuels which are authorised by Statutory Instruments (Regulations) made under the Clean Air Act 1993. These include inherently smokeless fuels such as anthracite, semi-anthracite, gas, low volatile steam coal and specific brands of manufactured solid smokeless fuels.

These fuels have passed tests to confirm that they can burn in an open fireplace without producing smoke. A list of fuels which are authorised for use in Smoke Control Areas is available by visiting the DEFRA website. 

Q. Where can I buy authorised fuel from?

A. Legislation called the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 requires that the sale of wood for domestic combustion in England must have the “Ready to Burn” logo, more information is available on the Ready to Burn website.

Authorised smokeless fuels are sold by some hardware shops, petrol filling stations and DIY stores and are clearly labelled 'ready to burn’.

Q. What can I burn in an open fire place?

A. You must not burn any wood on an open fire, although a small amount of kindling or timber wood can be used to light the fire. You can only burn fuel on the list of authorised fuels.

Q. Can I still use a barbecue, chimenea, fireplace or pizza oven with a Smoke Control Area?

A. Yes. You can use outdoor barbecues, chimeneas, fireplaces or pizza ovens within a Smoke Control Area, however if any of these appliances release smoke through a chimney of a building (i.e., a summerhouse, garage etc.) they can only burn authorised fuel or must be exempt appliances.

Q. Can I still use my non-exempt appliance?

A. Yes, but only with authorised fuels. The list of authorised fuels is available on Defra’s website.

Q. Does a Smoke Control Area apply to garden bonfires?

A. No. You are allowed garden bonfires in Smoke Control Areas, however you must follow the Government’s rules on bonfires - information on this is available on the Gov.uk website. 

We do discourage people from having garden bonfires which can cause serious nuisance to neighbouring properties.

Q. What are the health impacts of wood/coal burning stoves and open fireplaces?

A. In the UK, the single biggest source of particulate matter air pollution (PM2.5) is from domestic burning. We spend over 90% of our time indoors, and having a wood burning stove lit has a negative impact on indoor air quality. This makes it a significant risk to public health.

Everyone is at risk from indoor air pollution, but you are more vulnerable if you have COPD, asthma or other lung conditions or are elderly or a child. Particulate matter air pollution can cause coughs, dizziness, inflamed airways and shortness of breath. It increases the risk of pneumonia, COPD and lung cancer, as well as heart disease and stroke, leading to early death. It can also impact pregnancy and the development of children’s lungs.

Q. I have or want to use a wood burning stove, how do I minimise indoor air pollution from it?

  • Choose an energy efficient stove which is ‘Ecodesign Compliant’ more information about these types of stoves can be found at www.hetas.co.uk . These are energy efficient appliances that have been independently verified by HETAS, to help lower UK emissions and improve air quality.
  • Use fuel labelled Ready to Burn for both wood and manufactured solid fuels.
  • Ensure that you have it serviced and swept regularly– 40% of chimney fires take place between January and March
  • Follow manufacturer’s instructions for using and refuelling the stove.

Q. Aren’t cars and lorries a more important source of particulate matter?

A. Domestic combustion is a major source of particulate matter emissions in 2021, accounting for 16 per cent of PM10 emissions and 27 per cent of PM2.5 emissions. Road transport remains a major source of PM emissions (12 per cent of PM10 and 13 per cent of PM2.5 in 2021). Details of this are available on the Gov.uk website. 

 

Q. What about smoke from homes in other local authorities in the Nottinghamshire?

A. Other local neighbouring local authorities also have Smoke Control Areas. All of Nottingham City, Ashfield and Mansfield are Smoke Control Areas other LAs currently have Smoke Control Areas covering some of their built up areas.

Q. Will using authorised fuels cost me more money?

A. Authorised solid fuels are designed to be more efficient at burning so are cheaper than using coal. However, if you are concerned about the cost of heating your home as you are on a low income there is help and advice available.

Under the government’s ‘Affordable Warmth’ scheme you may be able to get financial help for energy-saving home improvements. For example, you live in social housing and your home has an energy efficiency rating of E, F or G, you may also be able to get help with insulation or installing a heating system for the first time. If you're not sure what efficiency rating your home has, check its energy performance certificate. Alternatively, ask your landlord or housing association.

For more information on these schemes, and full eligibility criteria, go to the Simple Energy Advice UK website or Tel: 0800 444202

It’s also worth checking if you qualify for the government’s Warm Home Discount, a £140 annual credit paid to your energy account. Find out if you’re eligible at the Warm Home Discount Scheme website. 

Consultation 

Complete the online consultation form 〉

The Council invites the public to express their views on the proposed changes found in the DRAFT Smoke Control Order 2024 document. 

You can do so by completing the online consultation form.

You can respond to our consultation by email and state yes in support/no do not support the proposed changes to enquiries@gedling.gov.uk or by writing to:

Public Protection
Gedling Borough Council
Civic Centre
Arnot Hill Park
Arnold
Nottinghamshire
NG59 6LU

Please mark letters or use the email subject heading ‘Objection to revision to Smoke Control Orders’.

Comments should be received by the council by 5th January 2024.

The areas covered by existing smoke control orders can be inspected free of charge at the Council offices during normal office hours. Alternatively please contact enquiries@gedling.gov.uk to request a copy.

You can view a copy of the draft smoke control order and the areas currently covered.

           

Complete the online consultation form 〉