Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: December 16, 2025

Purpose: Environmental Health are authorised to take action in relation to chimneys which emit dark smoke in smoke control areas (SCA’s) under Schedule 1A of the Clean Air Act 1993 (as amended by the Environment Act 2021). When the EA 2021 came into force, it brought in the potential to issue civil penalties for dark smoke emissions in SCA’s, which replaced the previous sanction of prosecution. The purpose of this legislative change is to make enforcement simpler, quicker and more proportionate. This report seeks agreement to implement civil penalties and determine the fine levels.

Content: The Cabinet considered a report of the Director of Public Health and Communities, which sought approval of a new policy on civil penalties for smoke emissions.   The Cabinet Member Climate Change delivered a brief summary of the report’s key points.   The Environmental Health Operational Manager was in attendance to present the report and to address the questions and the comments of the Cabinet Members.   The Officer informed that the Environment and Environmental Health were authorised and expected to take action in relation to chimneys which emit smoke in smoke control areas (SCA) under Schedule 1A of the Clean Air Act 1993 (as amended by the Environment Act 2021). When the Environment Act 2021 came into force, it brought in the potential for local authorities to issue civil penalties for smoke emissions in SCA, which replaced the previous sanction of prosecution. The purpose of this legislative change was to make enforcement simpler, quicker and more proportionate. This report sought agreement to implement civil penalties and determine the fine levels as set out in the new policy.   The Officer noted that the fine levels were set following consultation with equivalent teams across the ten Greater Manchester councils.   Resolved: 1.     That the ‘Policy on Civil Penalties for Smoke Emissions’ be agreed; 2.     That the proposals for an incremental civil penalties system based on the seriousness and repetition of offences be agreed.   Reason for decision: A Smoke Control Area (SCA), as designated under the Clean Air Act 1993, is an area where people and businesses must not emit smoke from a chimney. The Environment Act 2021 (EA 2021) amends Part 3 of the Clean Air Act 1993 (CAA) and Part 3 of the Environmental Protection Act 1990 (EPA 1990) to make the following changes to the enforcement regime in SCAs:   It introduced civil financial penalties under the CAA for emitting smoke, instead of criminal prosecutions, with the aim of making enforcement action quicker, simpler, and more proportionate. Civil penalties between £175 to £300 can be issued from 1 May 2022. - It removed statutory defences including the use of an exempt appliance or an authorised fuel, which hindered enforcement. - It allows the use of statutory nuisance legislation for smoke emissions in a SCA that are harmful to health or a nuisance. Anyone who breaches an abatement notice would be committing a criminal offence and therefore, this route would be used for serious and/or repeat offenders.   There are currently 60 Smoke Control Order's which cover almost the whole of Rochdale borough, with a few exemptions. Around 10-20 properties were exempted but a lot of these no longer exist as they have been demolished.  The Council do not expect there would be a high number of penalty notices served, and as a guide, less than 20 warning letters have been sent in the last 12 months to occupiers where the Council had received complaints of smoke from domestic chimneys, and in only 2 instances the Council had received reports that following warning letter the emissions had continued. However, where smoke emissions do continue, there is a risk to health and these need to be dealt with in line with the legislation and our enforcement policy. The burning of solid fuels such as wood and coal contributes to particulate matter (PM) and other pollutant emissions (such as nitrogen dioxide) which impact local air quality. Everyone is at risk from these pollutants, for example PM2.5 can cause breathing difficulties, such as asthma attacks, and contributes to other health conditions including heart disease and stroke. People already suffering from lung and heart problems are more likely to be affected, along with older people, pregnant women and their unborn babies, and very young children. It is estimated that the health burden effect of particulate air pollution is equivalent to around 1,200 deaths each year in Greater Manchester.   Generally speaking, homes that are in fuel poverty do not have wood burning stoves. So the proposals are unlikely to financially impact on those households.   The Council is participating in a Defra funded Air Quality project, and have four indicative PM2.5 monitors around the borough. Two are in areas of the borough where there to be a higher number of wood burning stoves, and two are in areas where there to be fewer. NB Building Control receive notifications of the HETAS registered stoves. The data from the project is not yet available, however, the overall aims of the project are to improve scientific understanding of the air quality effects of solid-fuel burning and to improve and enhance public awareness and engagement, with the long-term ambition to improve air quality and reduce health damage from solid-fuel burning.   It is suggested that the penalty amount will be £175 for the first offence, increasing to £225 then £300 for subsequent offences, in line with Schedule 1A of the Act and the Statutory Guidance.   Alternatives considered and rejected: There were no alternatives as this is a statutory requirement and the legislation has changed to implement the use of civil penalties for offences under the Clean Air Act 1993. To not introduce the use of civil penalties will leave the council without a suitable enforcement power to ensure compliance, when necessary.   However, the Council has a graduated approach to enforcement, and it has promoted the new rules via the council website, the council social media and advisory leaflets in the library. The Council has also directly communicate advisory leaflets to owners of wood burning stoves when complaints are received.