Issue details
To approve the making of an order to designate the whole of CYC’s administrative area a Smoke Control Area (SCA), to come into effect on a date not less than 6 months after the date of making the order.
Decision type: Non-key
Decision status: Decision Made
Wards affected: (All Wards);
Notice of proposed decision first published: 15/04/2026
Implication: Health; Legal;
Level of Risk: 01-03 Acceptable;
Consultation with:
Jodi Ingram on date:
Decision due: 14/04/26 by Director of Environmental and Regulatory Service
Lead member: Executive Member for Environment and Climate Change
Contact: Dave Atkinson, Director of Environment and Regulatory Services Email: dave.atkinson@york.gov.uk Email: dave.atkinson@york.gov.uk.
Consultation process
Schedule 1 of the Clean Air Act 1993 outlines
the process for implementing a new SCA. In summary, this involves
publication of a notice stating that the local authority proposes
to make the order (and outlining its general effect) and specifying
where a copy of the order can be obtained. The notice must be
published in the London Gazette and in a local newspaper for two
consecutive weeks. The consultation period shall not be less than 6
weeks from the date of the last publication of the notice.
Throughout the consultation period, copies of the notice should be
placed in several places in the relevant area(s) to ensure people
who are affected are aware of the proposal.
Any objections received must be considered during the consultation
process. If any objections are received and not withdrawn, the
council cannot make the order without first considering the
objection. In the event that the council resolves to make the new
smoke control order it cannot come into effect for at least 6
months after the order is made. This date may be postponed, subject
to a resolution to that effect being passed and suitable publicity
in line with that set out in Schedule 1. When a local authority in
England has made an order, the authority must inform the Secretary
of State that it has done so.
The Clean Air Act 1993 sets out the individual process for revoking
existing orders and creating new orders. CYC Legal Services were
consulted in the preparation of the draft order, the process for
revoking existing orders and in terms of the consultation process
to ensure compliance with statutory guidance and legislation.
Decisions