Issue - meetings

The report outlines a proposed City of York Council enforcement policy for a new civil penalty regime for smoke emissions from chimneys within designated Smoke Control Areas (SCAs).

Resolved: That the Executive Member adopted the ‘Civil Penalties for Smoke Emissions within Smoke Control Areas Policy’ in accordance with the following:

·        The inclusion of ‘Civil Penalties for Smoke Emissions within Smoke Control Areas Policy’ at Annex A of the report with statutory minimum penalty of £175 for first offence and statutory maximum penalty of £300 for any repeat offence.

·        That authority be delegated to the Director of Transport, Environment & Planning to issue warning letters, notices of intent, final notices and to consider objections received under Schedule 1A of the Clean Air Act in accordance with the Policy at Annex A of the report and the procedural flowchart at Annex B of the report.

Reason: The outlined policy and penalty regime is in line with DEFRA guidance and the revised Clean Air Act, introduced in response to new national air quality targets introduced through the Environment Act 2021.

The policy would enable consistency in approach with other UK authority areas and would act as a deterrent to burning non-authorised fuels (or using non-exempt appliances) in smoke control areas which contribute to air pollution and especially fine particulate concentrations across the city which impact human health.

The Environmental Protection Manager presented the report and noted that the recommendations as set out in the report would support the delivery of the fourth Air Quality Action Plan (AQAP4) which had been approved by Executive on 18 July 2024.

The Environmental Protection Manager reported that local authorities had always had powers over smoke control areas and complaints, but that key changes had been made which had made the process quicker through revisions made in the Clean Air, and Environment Acts 2021.

In response to questions from the Executive Member the Environmental Protection Manager confirmed that the proposal within the report was not to ban heating with solid fuels, but to ensure fuels and appliances which were used complied with new legislation.

Resolved: That the Executive Member adopted the ‘Civil Penalties for Smoke Emissions within Smoke Control Areas Policy’ in accordance with the following:

·        The inclusion of ‘Civil Penalties for Smoke Emissions within Smoke Control Areas Policy’ at Annex A of the report with statutory minimum penalty of £175 for first offence and statutory maximum penalty of £300 for any repeat offence.

·        That authority be delegated to the Director of Transport, Environment & Planning to issue warning letters, notices of intent, final notices and to consider objections received under Schedule 1A of the Clean Air Act in accordance with the Policy at Annex A of the report and the procedural flowchart at Annex B of the report.

Reason: The outlined policy and penalty regime is in line with DEFRA guidance and the revised Clean Air Act, introduced in response to new national air quality targets introduced through the Environment Act 2021.

The policy would enable consistency in approach with other UK authority areas and would act as a deterrent to burning non-authorised fuels (or using non-exempt appliances) in smoke control areas which contribute to air pollution and especially fine particulate concentrations across the city which impact human health.