Smoke Control
Smoke is a frequent cause for nuisance complaints. There are no byelaws governing domestic bonfires but sensible precautions should be followed to prevent nuisance and the council will formally intervene if a statutory nuisance or dark smoke offence is caused.
In Lancaster there are eight formal Smoke Control Areas where burning of solid fuels is strictly controlled.
Smoke control areas
Domestic bonfires
Burning on Industrial and Trade Premises, Construction and Demolition sites
CURRENT NEWS ABOUT SMOKE CONTROL
Code of Practice for Construction and Demolition – the Council is preparing a local Code of Practice that will clarify what is good, bad and illegal practice. For further information email: environmentalhealth@lancaster.gov.uk
Smoke Control Areas
Between 1959 and 1974 the council declared eight smoke control areas (see them on a map) covering most of Lancaster. It is an offence to burn any fuel in a fireplace – domestic or otherwise – unless it is a special smokeless fuel or specifically exempted by law (see exempted appliances below). This applies to any stove or appliance that is vented by a chimney so it includes garden, greenhouse and allotment stoves and heaters. New properties built within Smoke Control Areas are also covered by this legal requirement.
The burning of ordinary bituminous coal, wood or garden waste, which are not authorised fuels, will create smoke and an offence will be committed which may lead to prosecution and a fine of up to £1,000.
Authorised smokeless fuels for open fires or unauthorised appliances in Smoke Control Areas include Anthracite, Sunbrite, Coalite and Homefire which can be ignited by bottled gas or firelighters. These fuels emit very low quantities of sulphur and 'particles' when burned. Further information about smokeless fuels and appliances is available on the HETAS website.
Exempted appliances
The Clean Air Act 1993 (section 21) provides powers for the Government to exempt fireplaces, stoves, boilers, etc., from the provisions prohibiting emissions of smoke in Smoke Control Areas and requiring people to burn only authorised smokeless fuels. Some exempted appliances are designed for home heating. Others such as small incinerators and boilers are used in industrial or commercial premises for burning specified materials, including particular types of waste material.
The process of exemption involves manufacturers applying to Defra, the appliances being tested to confirm that they are capable of burning an unauthorised or inherently smoky solid fuel without emitting smoke, and on passing being exempted by Order for general use in smoke control areas in England. A list of current exemptions with details of each appliance and materials and conditions which apply are available from the government department Defra.
Domestic bonfires
Bonfires can be very irritating to neighbours. The smoke and smell often causes complaints when neighbours are prevented from opening windows, hanging out washing or enjoying their gardens. Bonfire smoke can cause unnecessary air pollution and temporarily worsen people's underlying health conditions.
It is rarely necessary to have a bonfire when you can compost or recycle garden waste. In fact it can be quite difficult in urban areas to have a bonfire without causing a disturbance.
Although generally the council advises against domestic bonfires, there are no relevant byelaws in the Lancaster district and it is legal to do so provided that there is no nuisance or breach of planning permission.
Sensible precautions should be followed:
- Never burn household rubbish, rubber tyres, engine oil, petrol, fresh ‘green’ garden wastes, damp material or anything that contains plastic foam or paint
- Avoid burning at weekends, bank holidays and when smoke may be blown into neighbours' gardens
- Only burn dry material
- Don't leave a bonfire unattended or smouldering
- Be prepared to put the bonfire out (for example with a readily available pile of soil, preferably not with water) if it does cause a problem or complaint
If you are concerned about smoke drifting across a road and endangering traffic, contact Lancashire Police on 01524 63333.
More about garden bonfires...
Burning on Industrial and Trade Premises, Construction and Demolition sites
Burning on trade or industrial premises is often problematic and it is normally an offence (‘Duty of Care’, Environmental Protection Act 1990 Section 34). Wastes produced during business activities must be stored, handled and disposed of in an appropriate and legal manner. Wastes may only be burned on-site in specialist incinerators and even then conditions apply. Industrial waste management activities are regulated by the Environment Agency.
Dark smoke emissions from industrial or trade premises are prohibited by Section 2 of the Clean Air Act 1993 except when a furnace is being lit from cold, there is mechanical failure or suitable fuel is not available. Even then conditions apply. The emission of dark smoke is a strict offence and offenders when prosecuted face fines of up to £5,000 per offence.
Industrial air pollution emissions from certain industries are subject to strict environmental permitting by the council under the Pollution Prevention & Control Act 1999 and the Environmental Permitting Regulations 2007.
The Council is preparing a Code of Practice for Construction and Demolition. This discusses good practice and potential smoke offences in more detail.