Smoke control
Smoke Control Area
Ashfield has been designated a smoke control area as outlined by the Clean Air Act 1993.
- website: Clean Air Act 1993
Smoke Control Areas are not smoke-free zones, but specifically concern the control of smoke from chimneys, open fires, wood burning stoves and fixed boilers but not garden bonfires.
What can I burn in a smoke control area?
Clean fuels such as gas, fuel oil, and electric can be used in a smoke control area.
The Department for Environment, Food & Rural Affairs (DEFRA) list authorised fuels which can also be used in our smoke control which can be found on the DEFRA website:
- website: Authorised/certified fuels - DEFRA
Fuel classified as 'smokeless' fuel may also be used, and these include such fuels as anthracite, coke and charcoal. Unlike bituminous fuels they contain few impurities and so do not produce smoke when burned.
Exempt appliances
Exempt appliances can burn unauthorised fuels such as wood, but they must only use the types of fuel that the manufacturer says can be used in the appliance. It must also be to the manufacturer's specifications and their recommendations must be followed.
Outdoor ovens, burners and barbecues
You can use outdoor barbecues, chimineas, fireplaces or pizza ovens.
Any of these appliances that release smoke through a chimney of a building, such as a summerhouse, can only burn authorised fuel or must be exempt.
Lighting the heating appliance so as to minimise smoke
The way in which fuel is lit must cause minimum smoke. It is strongly recommended that firelighters are used to light a fire, but stick and paper are accepted methods are accepted methods of lighting solid fuel.
Delivery of fuel within a Smoke Control Area
It is an offence for any person or company to obtain or deliver coal, wood or any other fuel that is not authorised fuel or is not to the specification that would be needed to be used in an exempt appliance.
Wood distributors typically supply 'ready to burn' certified wood in different volumes.
What are the building regulations and planning requirements surrounding wood burning stoves or log burners?
If you are having it installed by a HETAS registered installer, then you won't usually require planning permission to install a wood burning stove.
Exception to these statements may apply and so you should seek advice before committing to install an appliance.
Advice is available from our Duty Planners who can be contacted by:
- email: dutyplanner@ashfield.gov.uk
- telephone: 01623 450000 – request to speak to the Duty Planner
Garden bonfires
You are allowed garden bonfires in smoke control areas but you need to follow the Government rules regarding bonfires.
- website: Bonfires rules - GOV.UK
The smell of bonfires can cause nuisance to neighbours and where we received complaints, we can take action under the Environmental Protection Act 1990 if they are satisfied that a nuisance has occurred or is likely to recur.
Useful guides
- website: We All Breathe the Same Air - Gedling Council [PDF] - a guide to the do's and don'ts of how to use wood-burning stoves and open air fires.
- website: Practical guide to open fires and wood-burning stoves - DEFRA [PDF]
How to report your concerns
We encourage people to speak to their neighbours, where they can, as these issues can be complex and it may be that the concern can be resolved without the need for our intervention. You may also wish to share this information with them.
If for any reason you cannot communicate with them you may wish to contact us.
Incorrect installation or incorrect fuel being used
If you believe that an appliance has not been installed correctly or if you have evidence that the fuel being used is not to the manufacturer’s requirements, then you should report this to our Building Control service who can be contacted at:
Excessive smoke or smoke causing a nuisance
Whilst it is normal for chimneys to emit smoke when the fire is being lit or reloaded, excessive smoke or smoke continuing for more than 20 minutes can be reported to us:
Other ways to report excessive smoke
If you cannot report smoke online you can contact us by:
- email: dutyenvironmentalhealth@ashfield.gov.uk
- telephone: 01623 457184