Enforcement within Smoke Control Areas
The Environment Act 2021 introduced penalties in England of between £175 to £300 to be used for smoke control offences under the Clean Air Act 1993.
Council officers can issue these penalties where they witness the emission of smoke from a chimney, regardless of the appliance being used or the type of fuel burned.
We recognise that some low-income households may burn non-compliant solid fuels due to rising energy costs.
We will take a proportionate approach, on a case-by-case basis, to those who are burning non-compliant solid fuel for financial reasons and who are unable to afford an alternative means of heating.
We recognise there must be a balance between the environmental and health benefits of the proposal and any potential harm caused by the economic impacts for residents. We'll only take enforcement action when it is in the public interest to do so, in accordance with the Council’s Enforcement Policy.
Residents struggling with the cost of heating will be signposted to advice on accessing financial and practical help on heating their homes.
It should be noted that burning solid fuels, even in exempt appliances, is unlikely to be completely ‘smoke free’ from the outset and most appliances will have a period of ‘start-up’ where there may be unavoidable emissions of smoke for up to 15 minutes as an appliance reaches operational temperature.