Clean Air Act enforcement policy

Policy as it applies to the emission of smoke from chimneys

This policy describes enforcement of the Clean Air Act 1993 Part III, as amended by the Environment Act 2021 in Smoke Control Areas for the London Borough of Camden as applied to the emission of smoke from any chimney.

Guidance 

Statutory guidance states that each local authority should have a policy which sets the scale of fees. This page sets out how London Borough of Camden will enforce the London Borough of Camden Smoke Control Order 2025 as it applies to the emission of smoke from chimneys.

Pollution 

All forms of solid fuel burning, including the use of modern appliances, produce air pollution that is damaging for human health. This air pollution from wood burning represents a significant risk to public health. Despite this source of air pollution deriving from a small proportion of households and businesses, its health impact is distributed among all those who live in, work in or visit Camden because of the dispersed nature of air pollution. In this way, wood burning contributes to the health inequalities created and exacerbated by air pollution in Camden.

Legislation 

The current legislation that may be used to reduce the air pollution from solid fuel burning in London includes:

1.    The Environmental Protection Act 1990 - Part III Statutory Nuisances and Clean Air
2.    The Clean Air Act 1993
       a - Part I Dark Smoke
       b - Part II Smoke, Grit, Dust and Fumes
       c - Part III Smoke Control Areas

The Environment Act 2021 introduced civil penalties of between £175 to £300 from 1 May 2022 to be used instead of criminal prosecution for emitting smoke from chimneys in a Smoke Control Area under Schedule 1A of the Clean Air Act (as amended by the Environment Act 2021).

Part III of The Clean Air Act 1993 as amended by the Environment Act 2021 provides the legislative framework for local authorities to create Smoke Control Orders to designate Smoke Control Areas, inside which there are restrictions on the types of solid fuels and appliances that can be used, and where it is a breach of the law for smoke to be emitted from a building’s chimney.

Penalty

Where Camden Council is satisfied, on the balance of probabilities, that on a particular occasion smoke has been emitted from a relevant chimney within a Smoke Control Area declared by that authority, a civil penalty can be issued by the local authority to the person responsible for the chimney. The level of this penalty will be set at the maximum amount of £300.

Setting the penalty at £300 is expected to act as a deterrent and reflect the seriousness of the offence. For any penalty to have been issued to a person, smoke would be witnessed by an officer of the Council, or another enforcement agency, at least twice, with information on SCAs having been shared, and a warning letter having been issued, giving time for the responsible person to cease emitting smoke from the chimney.

Reducing emissions

Local authorities make Smoke Control Orders and declare Smoke Control Areas with the purpose of reducing air pollution caused by smoke from solid fuel burning. Where the local authority has received complaints about smoke from chimneys, or obtained evidence of smoke from chimneys, the purpose of any actions is to stop the emissions of smoke from this chimney in the Smoke Control Area.

We will provide information about the Smoke Control Area rules. If the rules are not followed, we may issue a warning and, if necessary, apply penalties. 

Collection of penalties 

Penalties issued will be collected in accordance with the London Borough of Camden corporate debt collection and recovery policies.