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*RESOLVED
–
 

1.  
That the existing 22 Smoke Control Orders, as set
out in schedule 1 and 2 of Appendix A, which affect the
Council’s administrative area be revoked; and a single Smoke
Control Order covering the entire Borough as set out in the draft
order at Appendix B, be declared. Subject to confirmation by the
Secretary of State for Environment Food and Rural
Affairs.
 

2.  
That the Financial Penalties as set out in Appendix
D be approved and implemented. These penalties are introduced
pursuant to Section 19A and Schedule 1A of the Clean Air Act 1993,
which came into force on 1st May 2022 as a result of
amendments set out in Schedule 12 of the Environment Act
2021.
 

3.  
That the Smoke Enforcement Policy in Appendix C be
approved.
 

4.  
That authority be delegated to the Service Director
– Leisure, Culture and Community Wellbeing, in consultation
with the Cabinet Member for Health and Wellbeing, to make
amendments to the Smoke Enforcement Policy between the formal
review periods to enable operational effectiveness.
 
REASONS FOR
DECISIONS
 

1.  
To enable the Council to effectively and
proportionately enforce the powers under the Clean Air Act 1993 (as
amended by the Environment Act 2021 with effect from May 2022) for
dealing with smoke emissions in Smoke Control Areas
(SCAs).
 

2.  
To agree to the implementation and use of Fixed
Penalty Notices as an enforcement tool in connection with
smokey chimneys.
 

3.  
To ensure proper delegation and sub-delegation of
functions and powers.
 

4.     
To agree to the Smoke Enforcement Policy for the
investigation and enforcement of those new powers, including levels
of financial penalty to be imposed.