The Clean Air Act 1993 prohibits the emission of smoke from a chimney either domestic or industrial. Bury MBC has declared its area to be a Smoke Control Area, and it is an offence to emit smoke from chimneys of any premises (subject to various exemptions).
The control of chimney heights enables local authorities to take into account a number of relevant factors in determining the height of a chimney.
Under section 14 of the Act, unless the height of the chimney has been approved by the local authority and any conditions attached to approval adhered to, it is an offence to cause or knowingly permit a furnace to be used to:
- burn pulverised fuel
- burn at a rate of 45.4 kg or more an hour any other solid matter or
- burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter
An application for chimney height approval must contain adequate information to enable the necessary calculations to be carried out.
The local authority must consider an application for approval for chimney height for a furnace and give a written decision within 28 days of receipt, unless it is agreed in writing between us and the applicant that a longer period is allowed. If we fail to deal with the application within this time period, then approval without qualification is given.
Approval must also be sought to install and use new boilers or furnaces (this does not apply to domestic boilers or furnaces).
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