Clean Air Act Controls

The Clean Air Act, 1993, introduced a wide range of regulations such as those which control smoke emissions and the height of chimneys and those relating to the content and composition of motor fuels.

The control of chimney heights enables local authorities to take into account a number of relevant factors in determining the height of a chimney.

Under section 14 of the Act, unless the height of the chimney has been approved by the local authority and any conditions attached to approval adhered to, it is an offence to cause to cause or knowingly permit a furnace to be used to:

• burn pulverised fuel
• burn at a rate of 45.4 kg or more an hour any other solid matter or
• burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter

An application for chimney height approval must contain adequate information to enable the necessary calculations to be carried out.

The local authority must consider an application for approval for chimney height for a furnace and give a written decision within 28 days of receipt, unless it is agreed in writing between us and the applicant that a longer period is allowed. If we fail to deal with the application within this time period, then approval without qualification is given.

Applicants should use the "3rd Edition of the Clean Air Act Memorandum on Chimney Heights" for guidance in order to establish the height of any proposed chimney. This document is published by Her Majesty’s Stationery Office (HMSO).

Smoke control area

All of Hackney was designated a smoke control area on 1st October 1964. It is an offence to emit smoke from a chimney of a building, from a furnace or from any fixed boiler in a designated smoke control area. It is also an offence to acquire an “unauthorised fuel” for use within a smoke control area unless it is used in an “exempt” appliance (“exempted” from the controls which generally apply in the smoke control area). The current maximum level of fine is £1,000 for each offence.

Authorised fuels are fuels which are authorised by Regulations made under the Clean Air Act 1993. These include inherently smokeless fuels such as gas, electricity and anthracite together with brands of solid smokeless fuels. These fuels have passed tests to confirm that they are capable of burning in an open fireplace without producing smoke.

Exempt appliances are appliances (ovens, wood burners and stoves) which have been exempted by Orders under the Clean Air Act 1993. These have been tested to show they are capable of burning an unauthorised solid fuel without emitting smoke.

Further information on smoke control areas, authorised fuels and exempt appliances:

Authorised fuels/exempt appliances

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Page updated: 28 Jan 2008