If Brighton & Hove City Council were to consolidate and expand existing Smoke Control Areas (SCAs), the legislative pathway is governed by the Clean Air Act 1993, as amended by the Environment Act 2021. Here's a breakdown of your legislative options, actions required, and indicative timescales:
1. Legislative Basis
- Clean Air Act 1993: Empowers local authorities to declare SCAs.
- Environment Act 2021: Modernised enforcement powers and streamlined the process for declaring or amending SCAs.
2. Key Steps to Declare or Amend a Smoke Control Area
· Contact BHCC legal team to ensure that declaration satisfies legal requirements
· Contact Secretary of State to set-out Local Authority intentions
· Evidence Gathering
- Air Quality Monitoring: Use existing or new data to justify the expansion.
- Health Impact Assessment: Optional but strengthens the case/focus on Social Determinants of Health and inequalities
- Public Complaints and Enforcement Data: Demonstrates need and supports public interest.
B. Drafting the Order
- Prepare a Smoke Control Order under Section 18 of the Clean Air Act.
- The order must define the geographical boundaries and specify the restrictions (e.g., only DEFRA-approved appliances and fuels).
C. Public Consultation: Your Voice
- Minimum 6 weeks statutory consultation / representation
Notify:
- Residents and businesses
- Local stakeholders (e.g., stove retailers, chimney sweeps)
- DEFRA (for advice and compliance)
D. Council Approval
- Present the draft order and consultation feedback to the relevant council committee (e.g., Environment, Transport & Sustainability Committee).
- Secure formal approval.
E. Notification and Publication
- Publish the confirmed order in the London Gazette and local press.
- Notify DEFRA and update the national smoke control area register.
F. Implementation
- Allow a lead-in period (typically 6–12 months) for residents to adapt.
- Launch public awareness campaigns and support schemes (e.g., stove upgrade grants).
3. Enforcement and Support
- Use new powers under the Environment Act 2021 to issue civil penalties for non-compliance.
- Consider a phased enforcement approach with initial warnings and education.
4. Indicative Timescales
|
Phase |
Duration |
|
Evidence gathering & draft order |
2 months |
|
Public consultation* |
6 weeks |
|
Council approval & publication |
1 month |
|
Lead-in period before enforcement |
6 months |
|
Total estimated time |
10.5 months |
Precedent and Best Practice
- Other councils (e.g. Cambridge City Council) have recently followed this route, conducting consultations and publishing cabinet reports to support their decisions.
- DEFRA encourages this approach and provides guidance on enforcement and public engagement
- DEFRA led campaign supports LA authority action (SCA’S)
Alternative Options (Less Suitable)
|
Option |
|
|
Using statutory nuisance powers (EPA 1990) |
Only applies to harmful or nuisance smoke; reactive, not preventative. Relates to impact within property / premises. Can take a period of time to resolve, requires address. Subjective test: Olfactory senses with 2 Officers. |
|
Voluntary schemes or awareness campaigns |
Useful as supplements, but not enforceable. |
|
Planning conditions |
Limited to new developments and changes to established plant and equipment. |
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