Decision

To adopt a harmonised smoke control area enforcement policy for Cumberland.

Reasons for the decision

The approval of Cumberland Councils Smoke Control Area Emission Enforcement Policy. The Policy introduces a Smoke Control Area Emission policy following the updates to the Clean Air Act 1993, under the Environment Act 2021. The adoption of the policy feeds into the air quality priorities under the Air Quality Action Plan 2023 in fulfilment of Part IV of the Environment Act 1995 Local Air Quality Management Framework. The Policy update reflects the best practice guidance available to respond to our statutory duties and enforcement options.

Alternative options considered

The Smoke Control Area Emission Enforcement Policy codifies the disparate enforcement powers available and sets them out in one concise document. It provides transparency for the public and guidance to enforcement officers in their application. An alternative would be not to have an enforcement policy for Cumberland, but this would mean these benefits would be lost and appropriate enforcement sanctions would not have been available for use by Officers.

In addition to the adoption of a unified enforcement approach, Cumberland Council could review all the historic smoke control areas, however this would be a much larger project to assess the effectiveness of the existing smoke control areas If Cumberland should extend the smoke control areas to whole wards to improve air quality, the benefits of doing so would improve health outcomes associated with adverse health impacts to those most vulnerable in society: children, the elderly, and those with existing heart and lung conditions. There is also often a strong correlation with equalities issues. It is proposed that  the Air Quality action plan is reviewed in 2027.