'Blanket' smoke control rules set to be introduced

27 August 2024
Wirral Council News - white text on blue background

No fewer than 26 legal orders, introduced area by area at various times over the last 65 years, are set to be revoked – replaced by a single order covering the whole of the borough of Wirral.

Wirral Council has officially published the notice of its decision to replace the existing 26 Smoke Control Orders in place across the borough – the first of which had been introduced in 1958 covering Church Street in Wallasey – with a single ‘Wirral Borough Council Smoke Control Order 2024’.

Elected members agreed back in March 2024 to the plan and the publication of the notice this week represents the start of the legal process to have the whole of Wirral covered by the same smoke control rules in future.

Properties within Smoke Control Orders are not permitted to emit smoke from a chimney, boiler or furnace unless they are burning authorised fuels – such as anthracite or semi-anthracite, gas or a low volatile steam coal. Unauthorised fuels such as wood or ordinary coal can only be burned in a smoke control area when using a DEFRA-approved appliance, one that is on their list of exempt appliances.

The order does not apply to outdoor barbecues, chimineas or pizza ovens – however, there are other laws in place around garden bonfires that residents should be aware of Garden bonfires: the rules - GOV.UK (www.gov.uk)

Environmental Health officers can investigate complaints or give advice about smoke nuisance from domestic or commercial bonfires and chimneys. Ultimately, anyone found guilty of breaching the Smoke Control Order could be fined up to £1,000.

For the vast majority of residents, this represents very little change for them as they have already been living in a smoke control area.

Replacing the existing 26 separate orders with a single Smoke Control Order for the borough effectively allows us to cover the remaining, more rural areas that weren’t subject to restrictions previously – areas such as Storeton, Thornton Hough and Raby.

It will also enable officers to undertake more effective enforcement action, deliver consistent health messaging and ensure that only approved fuels and exempted appliances are used across the borough, which will improve air quality across Wirral and reduce pollutants such as particulate matter (PM) that are damaging to people’s health.

Cllr Ann Ainsworth - Vice-Chair of the Tourism, Communities, Culture and Leisure Committee, Wirral Council

Details of the proposals are published on the council website

They can also be viewed at Birkenhead Town Hall between 9am and 5pm on weekdays for six weeks from 28th August 2024.

Anyone who may be affected by these Orders can make a formal objection by writing to Environmental Health, Wirral Council, PO BOX 290, Wallasey, CH27 9FQ or to the Secretary of State at Air Quality and Industrial Emissions, DEFRA, Seacole Building, 2 Marsham Street, London, SW1P 4DF. Email: Air.Quality@defra.gov.uk