Clean Air Act approval

The Clean Air Act 1993 contains a number of requirements relating to furnace installations, grit and dust arrestment plant, and chimney heights. These controls help to prevent emissions from causing a nuisance or being prejudicial to health.

Furnace notifications

Under section 4 of the Clean Air Act 1993, an application must be made to Salford City Council before installing a furnace in a building or installing a furnace forming part of a fixed boiler or industrial plant (excluding domestic furnaces) with a thermal output greater than 16.12 kW. The purpose of this requirement is to demonstrate, so far as is reasonably practicable, that the furnace is capable of operating continuously without emitting smoke when burning a fuel for which it was designed.

Grit and dust arrestment plant approval

Under section 6 of the Clean Air Act 1993, an application must be made to Salford City Council for approval of grit and dust arrestment plant serving a furnace or boiler that will burn:

1. pulverised fuel; or

2. at a rate of 45.4 kg or more an hour any other solid matter; or

3. at a rate equivalent to 366.4 kilowatts or more any liquid or gaseous matter.

Chimney height approval

Under section 14 of the Clean Air Act 1993, unless the height of the chimney has been approved by the local authority and any conditions attached to that approval are complied with, it is an offence to cause or knowingly permit a furnace to be used to:

1. burn pulverised fuel; or

2. burn at a rate of 45.4 kg or more an hour any other solid matter; or

3. burn at a rate equivalent to 366.4 kilowatts or more any liquid or gaseous matter.

An application for chimney height approval will normally be required where a new furnace installation is proposed, or where an existing installation is altered in a way that affects combustion capacity, fuel use or chimney requirements, and the thresholds in section 14 of the Clean Air Act 1993 are met. Examples include:

• increasing the combustion space of an existing furnace;

• adding a new furnace to an existing installation;

• changing the fuel burnt in an existing furnace; or

• replacing a furnace with one having a larger combustion space.

We can only approve the proposed chimney height if we are satisfied that it will be sufficient to prevent, so far as is practicable, smoke, grit, dust, gases or fumes emitted from the chimney from becoming prejudicial to health or a nuisance, having regard to:

• the purpose of the chimney;

• the position and characteristics of buildings near to it;

• the levels of the neighbouring ground; or

• any other matters relevant in the circumstances.

The application process

Applications should be submitted using our Clean Air Act approval application form. Where chimney height approval is required under section 14 of the Clean Air Act 1993, the application must include a chimney height assessment, together with sufficient supporting technical information to justify the proposed chimney height and enable the assessment to be verified. The applicant is responsible for providing the assessment and supporting calculations.

The determination process

For chimney height approval applications made under the Clean Air Act 1993, the local authority must issue a written decision within four weeks of receipt, unless a longer period is agreed in writing between the applicant and the local authority. If we fail to determine the application within this period, approval is deemed to have been granted without qualification.

We may attach conditions to the approval, such as the quantity and quality of emissions from your chimney.

If we do not consider the proposed chimney height to be appropriate, we will not approve the application. In this event, we will inform you of the minimum chimney height that we would consider acceptable.

Appeals

You may appeal against a decision not to approve a chimney height. Appeals must be made to the Secretary of State within 28 days of receiving notification that the application has not been approved.

Chimney height approval exemptions

Certain boilers and plant may be exempt from the Clean Air Act 1993 chimney height approval requirements. These include installations forming part of:

• a temporary replacement, for example, if the boiler or furnace is being repaired;

• a temporary source of heat or power for building works;

• auxiliary plant to bring the main plant up to operating temperatures; or

• a mobile source of heat or power for agricultural purposes.

Other statutory requirements

The requirements relating to furnace notifications, grit and dust arrestment plant approval, and chimney height approval under the Clean Air Act 1993 are separate from any other statutory requirements that may apply to an installation. Applicants are responsible for ensuring that all necessary permissions, approvals and permits are obtained, including (where applicable) planning permission, Building Regulations approval and environmental permits.

The provisions of the Clean Air Act 1993 relating to smoke control areas may also apply.