Part I of this Act deals with controlling emissions of dark and black smoke from chimneys serving furnaces of fixed boilers or industrial plant. It also deals with emissions of dark smoke from industrial or trade premises caused by burning materials in the open. Subject to certain limited exemptions, emission of dark or black smoke is an offence.

Under Part II of the Act, no furnace or fixed boiler in a building used for commercial activities can be installed without prior notification to the local authority.

The furnace must be capable of operating continuously without emitting smoke, using the fuel for which it is designed. The Act requires certain types of furnaces, including those burning pulverised fuel (but excluding those covered under the Environmental Protection Act 1990 and domestic furnaces), to be fitted with grit and dust arrestment plant approved by the local authority.

To avoid ground level air conditions becoming prejudicial to health or a nuisance because of chimney smoke, chimney heights from furnaces need to be approved by the local authority. As part of the approval process, an assessment is made of the final chimney height to avoid downdraught or downwash created by the chimney itself, by adjacent buildings or by local topography.

Applying for Chimney Height Approval

To apply for a chimney to be assessed you must complete and return a Chimney Height Approval application form.

Once received, we have 28 days to consider your application and provide a decision in writing, unless it is agreed in writing that a longer period is allowed. If we fail to deal with the application within this time period, then approval without qualification is given.

Further Information

If you require any further advice or information about the Clean Air Act, please contact Health and Housing services.

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