Pollution Control - Clean Air Act Approval

Environmental Health

The Clean Air Act, 1993, introduced a wide range of new regulations such as those which control smoke emissions and the height of chimneys and those relating to the content and composition of motor fuels.

At whatever height smoke and flue gases are discharged, gravity will eventually bring the larger particles of grit, dust and soot to the ground.

The higher the point of discharge and the greater the total heat content of the discharged gases, the more widespread and diluted will be the particles and gases by the time they reach ground level.  The control of chimney heights enables local authorities to take into account a number of relevant factors in determining the height of a chimney.  These include the need to avoid downdraught or downwash created by the chimney itself, or by buildings or topographical features; to avoid the ground level concentration of combustion products becoming prejudicial to health or a nuisance; in the case of smaller units to prevent the flue gases from entering nearby buildings in too high a concentration.

Under section 14 of the Act, unless the height of the chimney has been approved by the local authority and any conditions attached to the approval adhered to, it is an offence to cause or knowingly permit a furnace to be used to:

• burn pulverised fuel;
• burn at a rate of 45.4 kg or more an hour any other solid matter; or
• burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter.

An application for chimney height approval must contain adequate information to enable the necessary calculations to be carried out.

The local authority must consider an application for approval for chimney height for a furnace and give a written decision within 28 days of receipt, unless it is agreed in writing between us and the applicant that a longer period is allowed.  If we fail to deal with the application within this time period, then approval without qualification is given.

Any approval of the height of a chimney may be granted unconditionally or subject to conditions as to the rate and/or quality of emissions from the chimney.

The local authority, however, must not approve the proposed chimney height unless it is satisfied that it will be sufficient to prevent, so far as is practicable, the smoke, grit, dust, gases or fumes emitted from the chimney from becoming prejudicial to health or a nuisance.

Control of grit and dust from furnaces

The Clean Air Act 1993, in addition to chimney height approval requires, subject to certain exemptions, that furnaces, as described above and with a heating capacity of greater than 16.12 kilowatts, are to be provided with plant for arresting grit and dust as approved by the local authority.  The arrestors must then be properly maintained and used.

Related Documents

Application for approval of the height of chimney(s) serving furnace(s)

Environmental Protection UK - publications

Enforcement Policy

Environmental Health and Street Scene Service Standards