Smoke control

What is a smoke control area?

A Smoke Control Area is agreed by the local council and is an area where you should generally not:

The purpose of a Smoke Control Area is to reduce the amount of harmful smoke being released from chimneys, this is because smoke damages our local air quality and is harmful to everyone's health.

Smoke control areas are only used to enforce emissions of smoke from building chimneys, not from fires outside in the open for example smoke from bonfires, barbecues, garden waste incinerators and chiminea. These are enforced using separate legislation.

Does Gedling Borough have Smoke Control Areas?

Currently, Gedling Borough has 40 smoke control areas covering most of the urban area and a number of villages. To find out if you live in one of the current Smoke Control Areas please use the link below:

Find out if you live in a designated smoke control area

The Council has recently resolved to move to a single smoke control area which covers the whole Borough. This process will take approximately a year, as the formal process takes place.

As such, should you be considering the purchase of a new wood burning stove we would recommend that you ensure that it is a DEFRA approved stove (see below)

What you can burn in a smoke control area

If you have an open fireplace or non-exempt appliance in your home or inside another other building, you should only use fuels on the list of authorised fuels published by the UK Government, or one of the following 'smokeless' fuels:

  • anthracite
  • semi-anthracite
  • gas
  • low volatile steam coal

Our Enforcement Policy allows for a period of grace (approx. 20 minutes) during first lighting, kindling may be used during this period.

Further guidance about the rules in a smoke control area is available from DEFRA including a small booklet on open fires and wood burning stoves.

 

Exempt appliances that can burn unauthorised fuels

Wood should only be burned in a smoke control area if you are using an appliance that has been approved by the Government (DEFRA) and you should only use the types of fuel stated by the manufacturer of that stove or boiler.

All stove installations are covered by building regulations and may require planning permission. You can find all the building regulations technical requirements in Approved Document J (Combustion Appliances and Fuel Storage systems).

Any work that affects an existing chimney (i.e. fitting a new stove or liner) or creating a new chimney now comes under building control unless it is carried out by a Competent Person registered with HETAS.

For more information see LABC Front Door webpage:

What are the issues around heating appliances, chimneys & flues?

 

Outdoor ovens, burners and barbecues

You can still use outdoor barbecues, chiminea, fireplaces and pizza ovens but remember excessive or toxic smoke from these could still be considered a statutory nuisance, especially if it impacts on the health or quality of other people nearby.

 

Please note garden appliances that release smoke through a chimney of a building - for example a summerhouse – should only burn authorised fuel or the appliance should be exempt.

 

Bonfires

Please be considerate to others when lighting bonfires. We all need fresh air.  Bonfires can cause nuisance to other people and animals:

  • by making asthma, bronchitis or other respiratory conditions worse
  • by affecting visibility for drivers on nearby roads
  • because fire can spread to nearby fences or buildings
  • because piles of garden waste are often used by animals for shelter

 

We would always recommend that you find alternatives to disposing of garden wastes. You are allowed garden bonfires in smoke control areas but you need to follow the rules on bonfires.

 

Whilst it’s not against the law to have a bonfire at any time we can take action under the Environmental Protection Act 1990 if satisfied that a statutory nuisance has occurred or is likely to recur.

 

Penalties for breaking the rules

The Council recognises the importance of achieving and maintaining consistency in our approach to enforcement, in line with our Enforcement Policies. We will judge each complaint on a case by case basis, using a proportionate approach; focusing on education and advice before issuing penalties, mirroring the Burn Better, Burn Less approach by DEFRA.

If you do not follow the rules in a Smoke Control Area, you may:

  • have to pay a penalty of up to £300 (£175 for the first offence) if smoke is seen being emitted from your chimney (section 19A of the Clean Air Act 1993)
  • be fined up to £1,000 by a magistrates' court if you acquire or sell controlled solid fuels (section 19B of the Clean Air Act 1993)

For persistent and serious cases, the Council may also choose to use statutory nuisance powers (Abatement Notice) or Anti-Social Behaviour powers (Community Protection Warning or Notice).

More information on smoke control areas and authorised fuels may be found at www.gov.uk/smoke-control-area-rules.

 

The impact of wood and coal smoke on health and good practice advice

Most people enjoy keeping warm by a 'real' fire in winter, but did you know that burning wood and coal releases tiny toxic air pollution particles?  These tiny particles can enter our blood stream and cause lots of health issues such as coughs, dizziness, inflamed airways and shortness of breath. These particles can also increase our risk of pneumonia, chronic obstructive pulmonary disease (COPD), lung cancer, heart disease and strokes.[1] 

Children and young people are especially vulnerable to fine particulate matter as it can cause and make conditions such as asthma worse, as well as stunting lung growth and children's brain development.[2]

 

Follow these good practice tips to try and minimise the impact of indoor fires on your health and those in your local community

  • If you have central heating use that instead and if possible, turn off radiators in rooms that you're not using to save money.
  • Consider burning less. Think about why you are lighting your fire as well as how much fuel you use. Is it really necessary?
  • Buy ‘Ready to Burn’ fuel and look for the 'ready to burn' logo as a guarantee of good quality dry wood.
  • Get a moisture meter and try to ensure any wood burnt has a moisture content of 20% or less.
  • DO NOT burn treated waste wood (e.g. old furniture, pallets or fence panels) or household rubbish. Treated waste wood, furniture and household waste can emit harmful fumes and toxic pollutants, such are carbon monoxide, arsenic, hydrogen chloride and cyanide, into your home when burnt.
  • Regularly maintain and service your stove. This means it will work better and will generate more heat from what you burn. Always operate your stove in line with the manufacturer’s guidance and only burn permitted fuels.
  • Get your chimney swept regularly (up to twice a year). During use soot and tar build up in the chimney reducing the efficiency and increasing the risk of chimney fires. It is better to use a qualified chimney sweep who will be able to advise you on good burning practices for your open fire or stove.

 

[1] Royal College of Physicians. Every breath we take: the lifelong impact of air pollution. Report of a working party. London: RCP, 2016.

[2] Air pollution and children's health — European Environment Agency

 

Useful guides

We all breathe the same air (PDF)– a guide to the do’s and don’ts of how to use wood burning stoves and open air fires.

The DEFRA guidance to open fires and wood burning (PDF)

Report an offence – you can report and smoke related offences to our Environmental Health team by calling 0115 901 3901