Decision details

Local authorities could take enforcement action in smoke control areas, (SCAs), under Schedule 1A of the Clean Air Act 1993 (as amended by the Environment Act 2021).

Cambridge had three SCAs covering the west and centre of the city. These SCAs were designated in the 1960s following implementation of early clean air legislation that was brought in by the government in England owing to health concerns for citizens linked to the London Smog of 1952.

The enactment of the Clean Air Act 1993 (as amended by the Environment Act 2021) means that only authorised fuels should be burnt in association with chimneys of any buildings in these areas who have a smoke producing appliance. Alternatively, they should use a Defra approved appliance – this was known as an ‘exempt appliance’.

At the time of initial clean air legislation and the designation of the 3 SCAs in Cambridge, vessels were not deemed to be ‘domestic dwellings’ and so did not fall into the scope of the initial clean air legislation or therefore of Cambridge’s 3 declared SCAs. There was now scope for vessels, (including moored vessels), to be included within our existing SCAs through the amendment of the Clean Air Act 1993 by the Environment Act 2021 provided certain conditions have been met which was not the case at the current time.

Now when smoke was emitted from a chimney in an SCA, the Council could issue a financial penalty, ranging from £175 up to a maximum of £300 per notice, to the person responsible where they were found not to be following the above requirements.

Government guidance referenced the need for local authorities to develop and document their own policy including in relation to how much they would charge those responsible for smoke emissions in SCAs.

The above created a need for an encompassing policy setting out how the Council would carry out its statutory responsibilities in relation to this including enforcement of the legislative requirements and fee setting for issue of financial penalties.

Decision of Leader of the Council

Approved the adoption of the proposed Cambridge City Smoke Control Areas, (SCAs), Enforcement & Fee Policy as attached in Appendix A of the Officer’s report.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Residential Team Manager (Environmental & Public Health).

The Residential Team Manager (Environmental & Public Health) said the following in response to Members’ questions:

      i.          A campaign would be undertaken to communicate new guidance with residents. The smoke pollution page on the City Council website already had information, but Officers would build on this. Officer contact details were already listed on the same webpage if residents wanted advice.

     ii.          Education was the first step before taking enforcement action. Officers had a range of options they could use if people lit fires in smoke controlled areas. The intention was to avoid people burning pollutants not (for example) smokeless fuels.

   iii.          Officers would undertake a campaign to raise awareness of smoke controlled areas. Noted councillor comments that residents were unaware they were in a SCA and may try to buy/use a wood burner (for example) as a way to be environmentally friendly.

The Committee unanimously resolved to endorse the recommendations.

The Leader approved the recommendations on behalf of the Executive Councillor.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.