Clean Air Act approval

Clean Air Act 1993

This Act makes it an offence to emit smoke from chimneys and dark smoke from open burning in many circumstances. The aim of the Act is to prevent air pollution and the ill effects it can cause. The legislation can sometimes be difficult to interpret, but this page gives a simple guide to the parts most likely to be of relevance to local residents and businesses. The full text of the Act can be found at Clean Air Act 1993|.

Domestic chimneys

It is an offence to emit smoke from a domestic chimney in a smoke control area. The only exceptions are where the fuel being burned is shown to be an authorised fuel (and wood is not an authorised fuel) or that the fuel is being burned on a fireplace that has been exempted from the regulations, known as an exempted fireplace or exempt appliance.

If you have an exempted fireplace you must only burn the fuels it was designed to burn, as listed on the exemption order, and you must maintain the fireplace in accordance with the manufacturer’s instructions.

To help you find out which fuels are authorised and which fireplaces are exempt visit:

You can also find out if your property is in a smoke control area via Calderdale maps online: My area

From time to time the Council undertakes patrols of the Borough to check for smoking chimneys. If you want to report a smoking chimney contact customer.first@calderdale.gov.uk or telephone 0845 245 6000.

Industrial chimneys

Many industrial chimneys serving appliances will require chimney height approval from the Council. This is because a chimney must be high enough to allow the emissions to disperse and become effectively harmless. The criteria are set out in Section 14(2) of the Clean Air Act.

You can use this form to apply for chimney height approval: Chimney height application form [PDF file 37KB]|.

There is no fee for making an application. Approval will not be given if the Council does not believe the proposed height will be sufficient to prevent pollution.

The Clean Air Act also requires that certain appliances be fitted with grit and dust arrestment. If you are not sure whether this will apply to your appliance you should contact the Commercial Team at environmental.health@calderdale.gov.uk, or telephone 01422 392373.

An environmental permit may be required to burn certain wastes or use certain types of appliance. Manufacturers and suppliers will not automatically tell you if this is the case, and you should check before purchasing a large appliance that it does not need a permit or that the appliance will be capable of meeting the operating requirements that an environmental permit will stipulate.

Open burning

Occasional garden bonfires are not prohibited by law, but if you are planning to burn in the open you should have consideration for the people who could be affected by the smoke. You can find general advice on minimising the effect of smoke from bonfires at Advice about garden bonfires|.

Regular burning may lead to complaints to the Council, and in some cases the Council will take action against the person who is carrying out the burning.

Burning trade and industrial waste in the open may also lead to action by the Council or in some cases by the Environment Agency. Businesses must dispose of their waste in the proper manner and this rarely involves open burning. To find out more about disposing of waste download the Duty of care leaflet [PDF file 432KB]|.

If you would like to discuss a particular issue relating to smoke control please contact customer.first@calderdale.gov.uk or telephone 0845 245 6000.

If you would like to discuss environmental permitting or air quality contact the Commercial Team: