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Consultation on Proposed Changes to Smoke Control Area Coverage

We have opened a public consultation on our plans to expand the existing Smoke Control Area to cover the entire Borough. We invite Rushcliffe residents, businesses and other stakeholders to share their views.

Rushcliffe Borough Council is committed to improving the quality of life for our residents, and protecting and enhancing our environment. Improving air quality is one of the ways we can seek to achieve these goals.

Poor air quality is the largest environmental risk to public health in the UK. Air pollution is associated with a number of short and long-term adverse health impacts which can contribute to reduced life expectancy. The effects of air pollution can be seen across the population with individuals with pre-existing respiratory or cardiovascular disease being particularly susceptible.

In his Annual Report 2022 the Chief Medical Officer highlights the negative effects of air pollution throughout the course of life, from pre-birth to old age.

Pregnancy Children Adults Elderly
Low birth weight

Asthma

Slower development of lung function

Development problems

More wheezing & coughs

Start of atherosclerosis

Asthma

Coronary heart disease

Stroke

Lung cancer

Chronic Obstructive Pulmonary Disease

Diabetes

Asthma

Accelerated decline of lung function

Lung cancer

Diabetes

Dementia

Heart attack

Heart failure

Stroke

Domestic burning is a major contributor to our national emissions of fine particulate matter (PM2.5), and this pollutant has been identified by the World Health Organization as the most damaging to human health.

What is a Smoke Control Area?

Clean air legislation provides local authorities with powers to declare the whole or part of their district to be a smoke control area where certain rules apply around the emissions of smoke from chimneys of buildings; and the type of appliance and fuel that can be burnt.

Smoke Control Areas aim to reduce the smoke that can be released from domestic and commercial chimneys, thereby reducing the amount of air pollutants emitted into the air.  

In a Smoke Control Area, residents and businesses must follow certain regulations to be able to burn solid fuel in a way that is both clean and safe. Residents and businesses will still be able to buy and use solid fuel, provided that they:  

Rules also apply around the retail sale of fuels in smoke control areas. It is an offence to acquire "unauthorised fuel" for use within a smoke control area unless it is used in an approve (exempt) appliance.

The Environment Act 2021 amended the Clean Air Act 1993 which now allows local authorities the discretion to extend the scope of a smoke control order to include permanent moored vessels, such as canal and river boats.

Bonfires and barbecues are also not covered by Smoke Control Areas, and there is separate guidance on Oxford City Council’s website.  

How are the rules enforced within a Smoke Control Area?

The Environment Act 2021 amended the Clean Air Act 1993 changing how smoke control orders work and how the rules are enforced by local authorities. It is now an offence to emit smoke from a relevant chimney in a smoke control area and where the Council is satisfied the offence has occurred the person responsible is liable to a financial penalty of between £175 and £300 for each occasion smoke is emitted. This is regardless of the appliance used or the type of fuel being burnt. Using a Defra approved (exempt) appliance or an authorised (smokeless) fuel will help ensure smoke is not emitted. Correctly seasoned wood, timber or logs will need to be burnt in a Defra exempt appliance or an authorised fuel should be used.

Those found to be selling or buying unauthorised fuel for use without an approved appliance in a Smoke Control Area can face fines of up to £1,000.

Details of the changes to Smoke Control Area legislation can be found on the Defra website.

Existing Smoke Control Area Coverage

The Council made 11 Smoke Control Orders between 1973 and 1983 covering parts of West Bridgford and Edwalton. The extent of the existing Smoke Control Area coverage is shown below:

Proposed Changes

The Council is considering revoking the existing Smoke Control Orders and replacing these with a single Smoke Control Order, covering the whole of the Borough. The proposed Smoke Control Order will

  • Ensure equality with one Smoke Control Order covering all of the Borough, and
  • Protect the health of all residents.

At the current time we are not intending to include permanent moored vessels under the proposed Smoke Control Order as there are limited numbers of these within the Borough. However, we would welcome your views on this.

Take part in consultation

The Council invites the public to express their views on the proposed changes in the draft Smoke Control Order via an online survey

Comments should be received by the Council by Tuesday March 12 2024.

Alternatively, you can respond to our consultation by email environmentalhealth@rushcliffe.gov.uk or by writing to Environmental Health, Rushcliffe Borough Council, Rushcliffe Arena, Rugby Road, West Bridgford NG2 7YG.

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

The area covered by existing smoke control orders can be inspected free of charge at Rushcliffe Customer Services Centre, Fountain Court, Gordon Road, West Bridgford, Nottingham, NG2 5LN during normal office hours. Alternatively, please contact environmentalhealth@rushcliffe.gov.uk to request a copy.

Next steps

Following the end of the consultation period all responses and comments will be collated and reviewed. Should the decision be taken to proceed with the Borough-wide Smoke Control Order it is envisaged this will not come into force before Spring 2025 so as to allow residents, businesses and retailers to put measures in place to ensure compliance.

Frequently Asked Questions

1. What is a smoke control area?

A smoke control area is declared by the Council under one or more smoke control order(s).

Within smoke control areas certain rules apply:-

  • you cannot release smoke from your chimney.
  • you can only burn authorised fuel (view list of authorised fuels), unless you use a Defra approved appliance – this is known as an ‘exempt appliance’. View list of Defra exempt appliances
  • you must not buy or sell controlled/unauthorised fuel for use in a smoke control area unless it is bought for use in a Defra approved appliance

The rules cover smoke emissions in a smoke control area from

  • a chimney of any building
  • a chimney for the furnace of any fixed boiler or industrial plant
  • moored vessels, for example canal boats, if these are included under the smoke control order.

A building means any structure with a roof and walls. This includes wooden structures such as sheds and summerhouses.

2. What is a Defra approved appliance?

Certain appliances have been approved by the Secretary of State for inclusion in the Approved appliance list. These appliances have been independently tested for specific fuel types to confirm they meet the requirements for smoke emissions set by Defra. Sometimes Defra approved appliances are also referred to as Defra exempt appliances.

Please view and online list of Defra approved appliances.

It is important to ensure that all approved appliances are correctly installed and properly maintained (including flues and chimneys). Only fuel for which the appliance is designed should be used.

3. What is an authorised fuel?

Fuels which have been authorised by the Secretary of State for sale and burning in designated smoke control areas within England. These include ‘smokeless’ fuels such as anthracite, semi-anthracite, gas or low volatile steam; or briquettes, certain types of manufactured firelogs. These fuels have passed tests to confirm that they are capable of burning in an open fireplace without producing smoke.

Please view an online list of Defra authorised fuels.

4. Is wood an authorised fuel?

No, wood is not an authorised fuel. Properly treated wood should only be burnt in a Defra exempt appliance.

5. Does a Smoke Control Order cover garden bonfires, chimineas, pizza ovens and BBQs?

The rules in a smoke control area cover smoke emissions from a chimney of a building only and therefore do not apply to garden bonfires or outdoor BBQs.

6. Why is domestic burning being targeted?

Domestic burning is a major contributor to our national emissions of fine particulate matter (PM2.5), and this pollutant has been identified by the World Health Organization as the most damaging to human health. Domestic burning accounted for 27.3% of total PM2.5 emissions in 2021. The use of wood alone in domestic indoor burning activities accounted for 20.5% of PM2.5 emissions in 2021. We can use smoke control area as an effective tool to reduce emissions of PM2.5

7. Where can I find out more about enforcement in Smoke Control Areas?

Details of the changes in Smoke Control Area legislation can be found on the Defra website.

8. Where can I obtain advice on how to burn more efficiently?

Burning releases fine particulate matter that can damage your lungs and other organs and can be harmful to your health. Making small changes to the way you burn can help reduce the fine particulate matter emissions, reduce the risk of chimney fires and improve fuel efficiency.

9. Energy advice/helpline

National Energy Action (NEA) are the national fuel poverty charity, working to ensure that everyone is warm and safe at home. NEA can be contacted via their webpage or on 0191 261 5677.

Advice is also available on our cost of living support page.

Nottingham Energy Partnership also offer free advice and support on home improvement measures to improve the energy efficiency of homes throughout Nottinghamshire.

Smoke Control Areas