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.