Agenda item

To approve the proposal to declare the whole of Sandwell as a Smoke Control Area (revoking and replacing the existing 51 SCAs).

Resolved:-

(1)   that the results of the public consultation on the Proposal to Declare a boroughwide Smoke Control Area as detailed in Appendix 1 be received.

(2)   that the Council be recommended to approve Sandwell MBC ‘Declaring’ the whole Borough of Sandwell as a Smoke Control Area (SCA) under the Clean Air Act 1993 and replace the existing 51 Smoke Control Areas and ensure that all properties in the Borough are subject to the same legal requirements in relation to the prevention of smoke from building chimneys.

(3)   that subject to 1.2 above, the Director of Public Health be authorised to revoke the existing 51 Smoke Control Orders and making a single Borough-wide Smoke Control Order, with the Smoke Control Area coming into operation on the date specified in the Order which will not be earlier than six months from the date of confirmation.

                  Consideration was given to proposals to declare a boroughwide Smoke Control Area in Sandwell following public consultation.  Approval was also sought to replace the existing 51 Smoke Control Areas and ensure that all properties in the Borough were subject to the same legal requirements in relation to the prevention of smoke from building chimneys.

In response to questions raised by the Chair of the Safer Neighbourhoods and Active Communities Scrutiny Board, on behalf of the Chair of the Health and Adult Social Care Scrutiny Board, the Cabinet Member for Adults, Social Care and Health highlighted that the proposed changes, including what fuels could be used or sold, had been widely communicated to residents. The “Ready to Burn” logo on certified fuels would ensure that they were easily identifiable for customers and retailers. A further promotion would take place if the changes were approved by the Council.   Enforcement would be taken by following the steps set down in the Regulators Code (Section 23, Legislative and Regulatory Reform Act 2006). These steps would begin with warnings and advice but would progress through to fines for individuals or even prosecution for retailers. The positive response to consultations and to subsequent media promotion suggested that people in Sandwell clearly understood why this was needed and that adherence to the policy would be high.

Reason for Decision

The Council has a legal duty to assess local air quality and where necessary take appropriate action to protect the health of those living and working in the Borough. The declaration of a borough-wide Smoke Control Area was just one of a range measures that Sandwell Council can implement to help reduce the exposure of all its communities to the harmful smoke emissions created by domestic solid fuel burning.

Sandwell currently had 51 separate Smoke Control Areas (SCA), by extending the SCA to cover the whole of the borough all neighbourhoods would be protected against harmful smoke emissions, at present homes and businesses in approximately 4/5ths of the borough could still legally burn unauthorised fuels (i.e. wood and coal) in non-exempt

appliances and on open fireplaces. A borough-wide SCA would address this inequality.

Alternative Options Considered

Continue with Existing Smoke Control Areas

To continue with Sandwell’s 51 Smoke Control Orders means that differing legal requirements would remain for exempted properties compared to other parts of the borough. This was inequitable and would result in mixed messages and potential greater levels of noncompliance by those in existing smoke control areas who consider themselves unfairly penalised. There was not envisaged to be any legitimate reason for objection.

Non-exempt solid fuel burning stoves and open fire places had a negative impact on internal and external air-quality and had a significant burden in terms of health costs, both short and long term. If domestic burning in properties across Sandwell continued unchecked and unregulated the impact could negate the technological gains made through cleaner vehicle technology, home energy efficiency and controls of industrial processes.

It was envisaged that the use of solid fuel burning stoves and open fireplaces would increase with rising energy prices. At a time when households were facing financial hardship, it is easy to accept wood and coal burning as the cheap solution. Air pollution was already impacting negatively on our economy and health, but if we allowed the increased burning of unauthorised fuels and appliances it would come with a high price tag in terms of health care both now and in the future.

Agreed:-

(1)     that the results of the public consultation on the Proposal to Declare a boroughwide Smoke Control Area be received;

(3)     that subject to Resolution (2) above, the Director of Public Health be authorised to revoke the existing 51 Smoke Control Orders and making a single Borough-wide Smoke Control Order, with the Smoke Control Area coming into operation on the date specified in the Order which will not be earlier than six months from the date of confirmation.