Purpose

Air pollution can impact
health when there is long term exposure over a number of years,
increasing the risk of developing chronic health conditions. Air
pollution can also trigger health effects from short term exposure
to elevated levels over much shorter periods such as days or hours.
At particular risk are vulnerable people with existing health
conditions who may see asthma, strokes and heart problems triggered
by short-term increases in air pollution. The young and the elderly
are also more vulnerable to short term peaks in air
pollution.
One of the main pollutants of concern is particulate matter (PM)
found in smoke, with the smaller particles (referred to as PM2.5)
identified by the World Health Organization as the most damaging to
human health. It is accepted that there is no safe level of PM2.5
pollution so any reductions of emissions of this pollutant,
especially in locations close to where people live and are exposed
to it, will be beneficial to health.
Domestic burning accounted for 27.3% of total PM2.5 emissions in
2021. The level of exposure to smoke from this source is
potentially much greater than from industry and manufacturing
because people generally live much closer to homes with chimneys
(or flues) than they do to most industrial sources, so there is
less opportunity for the pollution to disperse before people are
exposed to it. Smoke pollution is also released directly into the
home when open fires and stoves are used.
The introduction of penalties to tackle pollution from solid fuel
appliances that are not operated in compliance with the
regulations, will help reduce exposure to pollution levels which
can directly impact human health.
The government updated its Clean Air Strategy in 2019. The strategy
outlines how the government will deal with all sources of air
pollution. More specifically, the strategy identified new powers
for local authorities to enforce smoke control in Smoke Control
Areas to help reduce the impact of domestic solid fuel
burning.
Amendments to the Clean Air Act 1993 made under Schedule 12 of the
Environment Act 2021 came into force from 1 May 2022 by adding
Section 19A and Schedule 1A, introducing civil financial
penalties.
Most of Crawley is covered by smoke control orders, declared in the
1960s and 70s under the Clean Air Act 1956. A smoke control area is
an area where people and businesses must not emit smoke from:
- The chimney of any building
- A chimney for the furnace of any fixed boiler or industrial
plant
- Buy or sell unauthorised fuel for use in a smoke control area
unless it’s used in an approved appliance
- Certain buildings may be exempt (exemptions can be found in the
Schedules to the Smoke Control Orders for each Smoke Control Area
in Crawley).
Environment Act 2021 Amendments to Clean Air Act 1993
Enforcement in Smoke Control Areas through the Clean Air Act
amendments, now means that the following new rules apply:
•Smoke emissions in a smoke control area (SCA) are subject to
a civil, rather than criminal, regime, and the local authority can
issue a financial penalty to the person responsible.
•The current statutory defences (using an exempt appliance or
authorised fuel) have been removed.
•Moored vessels (e.g. canal boats) can be brought into the
scope of SCAs (Crawley’s Smoke control Orders do not cover
moored vessels)
•Smoke from private dwellings in SCAs is no longer exempt from
statutory nuisance legislation.
•Solid fuel retailers must notify potential customers that it
is an offence to buy unauthorised fuel for use in a SCA.
•The limit on the fine for selling unauthorised fuel is
removed.
Local authorities have been advised that it is good practice to
take a proportionate approach to issuing financial penalties for
smoke emissions, being mindful that it is unlikely that burning
solid fuels will be completely smokeless and most appliances will
have a period of “start-up” where there may be
emissions of smoke for approximately 15mins. It has therefore been
agreed that enforcement of the smoke control provisions for SCAs in
Crawley will follow the 3-stepped approach of: Improvement Notice -
Notice of Intent - Final Notice.
The Council’s Policy for setting charges (financial
penalties) for those responsible for smoke emissions in a Smoke
Control Area in Crawley, states that:
- For First Offence the charge will be the minimum amount of
£175
- For each additional Notice of Intent served thereafter, the
charges will increase by increments of £25 up to the maximum
of £300.

Content

Proceed as proposed.