Enforcement
The emission of smoke from a chimney attached to a building is an offence, for which the Council can issue a penalty of between £175 and £300. Where we witness an offence, we will undertake enforcement (in accordance with our enforcement policy and government guidance):
• For a first offence, we will issue a warning. The warning provides an opportunity for the responsible person to address the problem. Where the offence is particularly significant (significant emissions of white smoke (indicative of burning wet wood), or emissions of dark smoke (indicative of burning oil, bitumen or rubber), we may forgo the official warning.
• A second offence carries a financial penalty of £175.
• Subsequent offences carry a financial penalty of £300.
A person issued with a financial penalty has a right of appeal.
Enforcement can only be taken against visible emissions of smoke that are personally witnessed by an authorised officer.
All chimneys emit smoke – for instance, when a new fire is being lit. We will only consider taking enforcement where the emissions of smoke are unreasonable.
Smoke emissions can also be investigated as a potential statutory nuisance; fireplaces that comply with the smoke control order are unlikely be deemed a statutory nuisance.
Contact
If you wish to make a complaint about chimney smoke, please contact environmental health. If chimney smoke is being emitted at the time of the call, we will endeavour to carry out an immediate inspection, subject to officer availability.
Contact Environmental Health Telephone 01543 462621 or email environmentalhealth@cannockchasedc.gov.uk