Cumberland Council approves Smoke Control Emission Enforcement Policy

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Cumberland Council has approved a Smoke Control Area Emission Enforcement Policy, reinforcing its commitment to cleaner air and healthier communities. 

The policy aligns with updates to the Clean Air Act 1993, introduced under the Environment Act 2021, and supports the air quality priorities outlined in the Air Quality Action Plan 2023.

The new policy introduces robust measures to address emissions within designated smoke control areas and enables the council to impose financial penalties for violations. 

This step underscores Cumberland Council’s dedication to tackling air pollution and protecting public health.

In Cumberland, smoke control areas were established in the late 1970s across the legacy districts of Carlisle, Allerdale, and Copeland. These areas prohibit the emission of smoke from chimneys, furnaces, and fixed boilers, with enforcement now falling under Cumberland Council’s remit.

Recent updates to the Clean Air Act 1993, through the Environment Act 2021, provide new tools for local authorities to enforce smoke control regulations. These include:

  • Imposing financial penalties ranging from £175 to £300 for violations.
  • Regulating the sale and acquisition of solid fuels in England.
  • Applying smoke control orders to vessels in England.

DEFRA’s guidance on enforcement has informed Cumberland Council’s policy, which outlines a transparent and consistent approach to addressing complaints and imposing civil penalties for breaches.

Colin Cox, Cumberland Council’s Director of Public Health, Customer and Community Wellbeing, said: “Adopting this policy is a significant step in protecting public health and improving air quality across Cumberland. By enforcing these measures, we’re ensuring cleaner air for everyone.” 

Councillor Bob Kelly, Cumberland Councillor and Portfolio Holder for Environment and Planning, added: “This policy codifies our enforcement powers, providing clarity for both residents and officers. It’s another example of Cumberland Council’s commitment to creating a healthier, greener future for everyone.”

While the enforcement policy represents a major step forward, the council recognizes the need for continued improvement. Future considerations include:

  • Reviewing and potentially expanding smoke control areas to cover entire wards for greater health benefits.
  • Evaluating the effectiveness of existing smoke control areas as part of the 2027 Air Quality Action Plan review.

Without an approved enforcement policy, the council could face challenges in ensuring consistent application of smoke control regulations. This policy provides the framework needed for fair and effective enforcement, reducing the risk of legal challenges and ensuring compliance with DEFRA guidance.

Cumberland Council remains committed to fostering a cleaner environment and improving the quality of life for all its residents.