Purpose

The Environment Act 2021 introduces new enforcement provisions that applies to buildings that emit smoke from a chimney within a Smoke Control Area. These include new legal notices and financial penalties.

Decision

(1)  To authorise officers under the Environment Act 2021 to enforce provisions that apply to buildings that emit smoke from a chimney within a Smoke Control Area.

(2)  To support the introduction of Financial Penalties set at £175 for a first offence, and £300 for subsequent offences. There will no reduction in the amount of the fine, if paid early.

(3)  To authorise the relevant team manager and/or service manager responsible for the function, to have the discretion to review and vary the amount of the financial penalty upon consideration of objections received to the ‘Notice of Intent to issue a financial penalty’.

Reasons for the decision

Building upon the government’s Clean Air Strategy in 2019, The Environment Act 2021 Part 4, Section 73 introduced new enforcement provisions that apply to buildings that emit smoke from a chimney within a Smoke Control Area.

The City of Bath is a designated Smoke Control area, meaning it is illegal to burn smoky fuels or in a non-approved wood burning or multi fuel stove.

Considering that domestic combustion is a major source of particulate matter emissions and exposure can have short- and long-term health impacts amplified in vulnerable groups.

Enforcement of the provisions will enable officers to adopt a staged approach to enforcement consistent with the Enforcement policy.

Alternative options considered

One option is to expand the Smoke Control Area within Bath to include moored vessels (boaters). The effectiveness of this option in reducing particulate matter concentrations and delivering public health benefits would need to be further understood, as well as undertaking a public consultation. Therefore, at this time, the Environmental Protection team will continue to review this option following implementation of the act and associated financial penalties.

A second option is to review and expand the Smoke Control Areas across the whole district, including moored vessels (boaters). The effectiveness of this option in reducing particulate matter concentrations and delivering public health benefits across the district would need to be further understood, as well as undertaking a public consultation. Therefore, at this time, the Environmental Protection team will continue to review this option following implementation of the act and associated financial penalties