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CHE S221 Consolidation Of Historic Smoke Control Orders And Public Consultation

Decision:

RESOLVED:

 

1.  Approve the proposal to take the relevant steps in order to revoke all existing Smoke Control Orders across the London Borough of Hackney, which will then go to the Secretary of State for confirmation/approval;

 

2.  Approve the proposal to publish, and seek public comment on, a new draft Smoke Control Order which covers the entire borough and which extends the smoke control provisions to include moored vessels (hereafter, Order);

 

3.  Approve a cap of £2,300 per vessel to those who are eligible, for the purpose of upgrading appliances to meet compliance standards should the Order be approved.

 

REASONS FOR DECISION

 

The burning of solid fuel is a significant contributor to levels of particulate matter in the ambient air, especially the finer particles (PM2.5). According to the 2019 Clean Air Strategy, it is estimated that 38% of the UK’s primary PM2.5 emissions arise from wood / coal burning associated with residential heating. In London, this figure is estimated to be less but a recent study for the London Wood Burning Project has reported that domestic wood burning is the second biggest source of PM2.5 emissions in London.

 

Numerous scientific studies have provided evidence of the potential harm to health from exposure to emissions from solid fuel burning, especially the fine particulates which are capable of reaching further into the airways. Pollutants can be dispersed so concentrations will vary over distance. However, the highest concentrations are likely to occur close to the source so the health impacts arising from exposure will also be felt by those burning the solid fuel.

 

A total of 27 Smoke Control Orders are in place which relate to the London Borough of Hackney. The Smoke Control Orders are accompanied by Schedules which describe the area that is covered. These use features such as railways and canals, as well as roads, to describe the boundaries. As there have been changes since the date of their creation, both in terms of administrative boundaries and new developments changing road layouts, the descriptions are becoming less accurate over time.

 

The Smoke Control Orders cover almost the entire borough, but apply to fixed properties only. Among the Orders, one exemption has been found. This is a small geographical area that is believed to have been occupied at the time by commercial and industrial premises and which were exempted from the regulatory controls.

 

The Regulations are contained within the Clean Air Act 1993, which states that ‘a Smoke Control Order in England “applies” to a building, fireplace, fixed boiler or industrial plant’. These controls do not apply to boats. The Environment Act 2021 introduced new provisions which allow local authorities to include moored vessels within a Smoke Control Order. Amending a Smoke Control Order to include moored vessels is optional and the decision whether or not to do so rests with each local authority.

 

The number of complaints that the Council receives each year about solid fuel burning is relatively low compared to the numbers received about other environmental issues. However, complaints about emissions from moored vessels have been increasing slightly over recent years. The reasons for the increase are unknown. It might be attributed to increased awareness of air pollution's health impacts, leading to more reporting, or possibly due to canalside development reducing the distance between those residing on canals and those in adjacent properties.

 

The proposal is to have in place a single boroughwide Smoke Control Order. A draft Order is included at Appendix I. This will make it clearer for both residents and enforcement officers. It will also mean that, where enforcement action is taken, it will be less open to challenge on the grounds of the historical details. It is also proposed that moored vessels be included within the new Order, so that the same restrictions which apply to people living in properties will apply to those mooring vessels on the borough’s waterways. By doing so, we can help to improve local air quality and better protect public health.

 

As the existing Smoke Control Orders are dated before 13th November 1980, the decision on their revocation rests with the Secretary of State. The revocation of the existing Orders requires a separate process to the designation of the new Smoke Control Area and, therefore, requires a separate Order. A draft Order for the revocation of existing Orders is included in Appendix II. People who may be affected by the change can raise an objection but this must be directed to the Secretary of State, who will then make a decision on the revocation after the period for raising an objection has closed.

 

For designating a new Smoke Control Order, including one which extends the controls to include moored vessels, the decision is delegated to the local authority. Therefore, a separate Order and process for allowing objections is required. Anyone wishing to raise an objection to the new Order will need to do so with the local authority.

 

The processes for the revocation and the designation are similar and can run simultaneously. However, the decision on the designation of a new Order will be dependent on the Secretary of State’s decision on the revocation of the existing Orders. The existing Orders will remain in effect and will be enforceable until the date of their revocation. The new Order will not come into effect until the previous historic Orders have been revoked.

 

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

Do Nothing. Although the Smoke Control Orders continue to be valid and can be used to enforce the provisions, the changes in administrative boundaries and road layouts, etc. which have occurred since they were made make the area covered less clear. As further changes over time are expected, this may result in legal challenges. Also, the Smoke Control Orders that currently exist do not include moored vessels and recent changes to the legislation now allow these to be included within the scope. If no changes are made, it will not help to achieve the targets for particulate matter that Hackney Council has committed to meet by 2030. Therefore, the option to do nothing was rejected.

 

Consolidate the existing historical Smoke Control Orders into a single Order without extending the scope to include moored vessels. To revoke the historical Smoke Control Orders and replace them with a new single boroughwide Order without extending the current provisions was considered. As set out above, the opportunity to include moored vessels within the provisions has recently become available. There is not a requirement for local authorities to adopt these powers and, before doing so, a process of engagement would be required. A decision on whether to include moored vessels within the scope would be made following this process of engagement and would be dependent on the feedback received. It would be more efficient and practical to undertake this process at the same time as consolidating the Orders. Therefore, the option to not include this amendment was rejected.

 

Minutes:

16.1    The Mayor highlighted the increased awareness of the impact of air pollution, which was why the Council was proposing to consolidate the 27 existing smoke controls into one comprehensive regulation to protect the Council from legal risk and protect our residents’ health.

 

16.2  Agreeing that air pollution was a significant public health issue, Cllr Coban highlighted evidence that showed that it didn’t just impact hearts and lungs, but also impacted low birth-rates and saw declines in cognitive functions.  It was important to take action, as laid out in the Council’s Air Quality Action Plan, and the proposals would help Hackney tackle toxic air pollution.

 

RESOLVED:

 

1.  Approve the proposal to take the relevant steps in order to revoke all existing Smoke Control Orders across the London Borough of Hackney, which will then go to the Secretary of State for confirmation/approval;

 

2.  Approve the proposal to publish, and seek public comment on, a new draft Smoke Control Order which covers the entire borough and which extends the smoke control provisions to include moored vessels (hereafter, Order);

 

3.  Approve a cap of £2,300 per vessel to those who are eligible, for the purpose of upgrading appliances to meet compliance standards should the Order be approved.

 

REASONS FOR DECISION

 

The reasons for the decision were included in the printed decisions, published on the 27 February 2024, and can be found here.

 

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

 

Do Nothing. Although the Smoke Control Orders continue to be valid and can be used to enforce the provisions, the changes in administrative boundaries and road layouts, etc. which have occurred since they were made make the area covered less clear. As further changes over time are expected, this may result in legal challenges. Also, the Smoke Control Orders that currently exist do not include moored vessels and recent changes to the legislation now allow these to be included within the scope. If no changes are made, it will not help to achieve the targets for particulate matter that Hackney Council has committed to meet by 2030. Therefore, the option to do nothing was rejected.

 

Consolidate the existing historical Smoke Control Orders into a single Order without extending the scope to include moored vessels. To revoke the historical Smoke Control Orders and replace them with a new single boroughwide Order without extending the current provisions was considered. As set out above, the opportunity to include moored vessels within the provisions has recently become available. There is not a requirement for local authorities to adopt these powers and, before doing so, a process of engagement would be required. A decision on whether to include moored vessels within the scope would be made following this process of engagement and would be dependent on the feedback received. It would be more efficient and practical to undertake this process at the same time as consolidating the Orders. Therefore, the option to not include this amendment was rejected.

 

Supporting documents: