Purpose

This is a key decision as it will affect multiple wards. A new Smoke Control Order came into effect on 1 December 2025. We are now looking to amend the provisions of the Order so that the controls are extended to include waterways. To make any amendments to the Order, the statutory process set out in the Regulations must be followed. This includes a process of public engagement so that anyone who may be affected by the decision has the opportunity to raise an objection. A decision is required by Cabinet to approve the commencement of this statutory process.

Decision

RESOLVED:

Approval to the proposal to commence the statutory process required to vary the Borough’s 2025 Smoke Control Order. The process is to publish, and seek public comment on, a new draft Smoke Control (Variation) Order which extends the smoke control provisions to include moored vessels. A copy of the draft order was appended to this report at Appendix 1.

REASONS FOR DECISION

1. It is known that burning solid fuel significantly increases the levels of particulate matter in the ambient air, especially the finer particles (PM2.5).
2. The World Health Organisation (WHO) has stated that there is no clear threshold which is considered safe for levels of particulate matter. Therefore, exposure to particulate matter impacts on human health and the higher the concentration, the higher the risk.
3. The Environment Act 2021 introduced changes which, for the first time, gave local authorities the powers to apply smoke controls to waterways in their area. Amending a Smoke Control Order to include moored vessels is optional and the decision whether or not to do so rests with each local authority.
4. Extending the controls to include waterways will mean that those mooring vessels in the borough will need to ensure that the fuel, or the appliance, being used meets emissions standards. The standards are set by DEFRA in order to reduce the concentrations of particulate matter when burning and it maintains an updated list of compliant fuels and appliances on its website. It is not proposed that solid fuel burning be prohibited.
5. Where solid fuel burning takes place, particulate matter concentrations increase in the immediate vicinity. This affects the people who are burning as well as those in the surrounding area. Taking action to reduce the concentrations of particulate matter in the air will have health benefits for everyone. There are an estimated 300 locations in Hackney where vessels can moor. The Canal and River Trust (CRT) carry out National Boat Counts on an annual basis. Although the figures are not broken down by region, their Waterways Strategy from 2018 estimated that there were around 4000 vessels on waterways in London and the South East. Extending the smoke controls to moored vessels will have health benefits for the boaters themselves as well as those who live near the waterways and those who spend time in and around them.
6. On average, during the past two seasons (October - April), we have received complaints from 7 different residents about smoke from wood burning on canal boats. There are more land-based homes in the borough than on the waterways, but we have received the same number of complaints or fewer each season about smoke from land-based properties. However, for those who live on the water, most are dependent on burning solid fuel to keep their homes warm. Whereas, according to data published by Global Action Plan and Action for Clean Air, 92% of those burning wood or solid fuel in land-based homes do so as a secondary or non-essential heat source.
7. Hackney has a history of smoke controls within its area. A number of SCOs were put in place in the 1960s which, together, covered almost the entire borough. In 2025, a new SCO was put in place which consolidated the various historic Orders into one single boroughwide SCO. At this time, it was proposed that the SCO be extended to include the borough’s waterways. While most responses were supportive of the proposal, a number of objections were received and we needed to listen and respond to these. Therefore, the decision was made to consolidate the Orders into a single boroughwide SCO but without extending the controls to the waterways until such time that further work could be carried out to address the concerns raised.
8. Since this time, officers have been working to address the objections which we grouped into 4 different categories. These categories are described as ‘financial impacts’, ‘lack of evidence demonstrating impacts of solid fuel burning’, ‘fairness of the proposals / concerns about gentrification’ and ‘means of enforcing the controls’. The work which has been done in each of these areas is set out in the table below:

Grounds for objection

How objection has been / is being addressed

Financial impacts: Concerns that the controls would increase the costs of heating a boater’s home and that heating the home would become unaffordable

·  £493k funding has been secured from DEFRA to cover the costs incurred to the local authority from implementing the proposals. This allows the Council to set up a grant scheme which will reimburse eligible boaters 70% of the costs they incur if they upgrade their non-compliant heating appliance for a compliant one. The eligibility criteria is set by DEFRA and is restricted to boaters with a permanent mooring who do not have access to a mains gas or electricity supply.

·  For those who are not eligible for the funding, we will work with the Council’s Money Hub and the Travellers Service to provide the boaters with financial and benefits advice.

·  Comms will be prepared to reassure people that solid fuel burning is not being prohibited. Where a boater does not have an appliance which meets the DEFRA standards, compliance can still be achieved through the use

Evidence of Impacts: Respondents felt that the case for introducing controls on the waterways was not backed up by sufficient evidence relating specifically to Hackney.

·  In 2026, additional air quality monitors were installed at 2 locations adjacent to the waterways. These are collecting data continuously. By the end of 2026, we will have data from different seasons to compare and we will check if any trends can be discerned. This will be before any decision is made on varying the SCO so the data can be included in the future report.

·  In our previous response to concerns, we set out that the evidence we have is comparative data for different appliances. This shows that the emissions of PM2.5 from a non-approved appliance is nearly 8 times higher than from one which is approved. Therefore, we know that there will be an improvement in air quality for every non-approved appliance which is upgraded.

Fairness:

Concerns were raised about boaters being unfairly targeted by the proposals and a perception that Hackney wanted to remove boaters from its waterways as part of a gentrification programme.

·  Hackney has been co-leading the Healthy Waterways Project with other London boroughs to engage boaters. Through this project, a survey of boaters has been conducted to gather information on a selection of environmental issues. This included questions on their use of solid fuel for heating and their awareness of the impacts associated with different heating options. The project aims to ensure that there is ongoing two-way communication between boaters and the various Council officers with the aim of providing services which better meet the needs of the community. Through these conversations, we aim to demonstrate to boaters that they are a valued part of the local community and we can develop a strategy together which results in a more welcoming environment.

·  Hackney officers have also been working with partners, such as the CRT, to identify which services need improving and explore other ways in which the community can be supported. CRT has been investigating the provision of ‘eco-moorings’ in the borough. Meanwhile Hackney is starting the process to review the provision of electric connections for boaters along the waterways.

Enforcement:

Concerns were expressed by both boaters and non-boaters. Boaters were concerned that financial penalties would be used to raise income for the Council and were worried about the impacts on their civil liberties. Non-boaters felt that the rules would be difficult to enforce since boats are regularly moving.

·  Template letters and notices have been shared by DEFRA for carrying out enforcement.

·  Enforcement will be carried out by officers from London Borough of Hackney who already enforce smoke controls for properties on land. The enforcement can be incorporated into their current duties without additional resources being required.

·  Hackney is part of the London Wood Burning Project (LWBP), a consortium of London boroughs working together to address emissions from solid fuel burning. Through this consortium, officers have received training on enforcing the regulations.

·  The approach which Hackney will take will be set out in a policy document. This will make clear the conditions under which financial penalties will be applied and set out that our initial approach will be to inform and educate rather than issue fines.

·  Hammersmith and Fulham introduced smoke controls on its waterways in October 2024 and Camden brought in the controls on its waterways in May 2025. In 2026, both Islington and Waltham Forest carried out the statutory engagement process on proposals to include waterways within their SCOs.