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RESOLVED:
 
1. 
Approve the proposal to take the relevant steps in
order to revoke all existing Smoke Control Orders across the London
Borough of Hackney, which will then go to the Secretary of State
for confirmation/approval;
 
2. 
Approve the proposal to publish, and seek public
comment on, a new draft Smoke Control Order which covers the entire
borough and which extends the smoke control provisions to include
moored vessels (hereafter, Order);
 
3. 
Approve a cap of £2,300 per vessel to those who
are eligible, for the purpose of upgrading appliances to meet
compliance standards should the Order be approved.
 
REASONS FOR DECISION
 
The burning of solid fuel is a significant
contributor to levels of particulate matter in the ambient air,
especially the finer particles (PM2.5). According to the 2019 Clean
Air Strategy, it is estimated that 38% of the UK’s primary
PM2.5 emissions arise from wood / coal burning associated with
residential heating. In London, this figure is estimated to be less
but a recent study for the London Wood Burning Project has reported
that domestic wood burning is the second biggest source of PM2.5
emissions in London.
 
Numerous scientific studies have provided
evidence of the potential harm to health from exposure to emissions
from solid fuel burning, especially the fine particulates which are
capable of reaching further into the airways. Pollutants can be
dispersed so concentrations will vary over distance. However, the
highest concentrations are likely to occur close to the source so
the health impacts arising from exposure will also be felt by those
burning the solid fuel.
 
A total of 27 Smoke Control Orders are in
place which relate to the London Borough of Hackney. The Smoke
Control Orders are accompanied by Schedules which describe the area
that is covered. These use features such as railways and canals, as
well as roads, to describe the boundaries. As there have been
changes since the date of their creation, both in terms of
administrative boundaries and new developments changing road
layouts, the descriptions are becoming less accurate over time.
 
The Smoke Control Orders cover almost the
entire borough, but apply to fixed properties only. Among the
Orders, one exemption has been found. This is a small geographical
area that is believed to have been occupied at the time by
commercial and industrial premises and which were exempted from the
regulatory controls.
 
The Regulations are contained within the Clean
Air Act 1993, which states that ‘a Smoke Control Order in
England “applies” to a building, fireplace, fixed
boiler or industrial plant’. These controls do not apply to
boats. The Environment Act 2021 introduced new provisions which
allow local authorities to include moored vessels within a Smoke
Control Order. 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.
 
The number of complaints that the Council
receives each year about solid fuel burning is relatively low
compared to the numbers received about other environmental issues.
However, complaints about emissions from moored vessels have been
increasing slightly over recent years. The reasons for the increase
are unknown. It might be attributed to increased awareness of air
pollution's health impacts, leading to more reporting, or possibly
due to canalside development reducing the distance between those
residing on canals and those in adjacent properties.
 
The proposal is to have in place a single
boroughwide Smoke Control Order. A draft Order is included at
Appendix I. This will make it clearer for both residents and
enforcement officers. It will also mean that, where enforcement
action is taken, it will be less open to challenge on the grounds
of the historical details. It is also proposed that moored vessels
be included within the new Order, so that the same restrictions
which apply to people living in properties will apply to those
mooring vessels on the borough’s waterways. By doing so, we
can help to improve local air quality and better protect public
health.
 
As the existing Smoke Control Orders are dated
before 13th November 1980, the decision on their revocation rests
with the Secretary of State. The revocation of the existing Orders
requires a separate process to the designation of the new Smoke
Control Area and, therefore, requires a separate Order. A draft
Order for the revocation of existing Orders is included in Appendix
II. People who may be affected by the change can raise an objection
but this must be directed to the Secretary of State, who will then
make a decision on the revocation after the period for raising an
objection has closed.
 
For designating a new Smoke Control Order,
including one which extends the controls to include moored vessels,
the decision is delegated to the local authority. Therefore, a
separate Order and process for allowing objections is required.
Anyone wishing to raise an objection to the new Order will need to
do so with the local authority.
 
The processes for the revocation and the
designation are similar and can run simultaneously. However, the
decision on the designation of a new Order will be dependent on the
Secretary of State’s decision on the revocation of the
existing Orders. The existing Orders will remain in effect and will
be enforceable until the date of their revocation. The new Order
will not come into effect until the previous historic Orders have
been revoked.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Do Nothing. Although the Smoke
Control Orders continue to be valid and can be used to enforce the
provisions, the changes in administrative boundaries and road
layouts, etc. which have occurred since they were made make the
area covered less clear. As further changes over time are expected,
this may result in legal challenges. Also, the Smoke Control Orders
that currently exist do not include moored vessels and recent
changes to the legislation now allow these to be included within
the scope. If no changes are made, it will not help to achieve the
targets for particulate matter that Hackney Council has committed
to meet by 2030. Therefore, the option to do nothing was
rejected.
 
Consolidate the existing
historical Smoke Control Orders into a single Order without
extending the scope to include moored vessels. To revoke the
historical Smoke Control Orders and replace them with a new single
boroughwide Order without extending the current provisions was
considered. As set out above, the opportunity to include moored
vessels within the provisions has recently become available. There
is not a requirement for local authorities to adopt these powers
and, before doing so, a process of engagement would be required. A
decision on whether to include moored vessels within the scope
would be made following this process of engagement and would be
dependent on the feedback received. It would be more efficient and
practical to undertake this process at the same time as
consolidating the Orders. Therefore, the option to not include this
amendment was rejected.