URL: https://chesterfield.moderngov.co.uk/ieDecisionDetails.aspx?ID=1990

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose:

Content: *RESOLVED –   1.   That the existing 22 Smoke Control Orders, as set out in schedule 1 and 2 of Appendix A, which affect the Council’s administrative area be revoked; and a single Smoke Control Order covering the entire Borough as set out in the draft order at Appendix B, be declared. Subject to confirmation by the Secretary of State for Environment Food and Rural Affairs.   2.   That the Financial Penalties as set out in Appendix D be approved and implemented. These penalties are introduced pursuant to Section 19A and Schedule 1A of the Clean Air Act 1993, which came into force on 1st May 2022 as a result of amendments set out in Schedule 12 of the Environment Act 2021.   3.   That the Smoke Enforcement Policy in Appendix C be approved.   4.   That authority be delegated to the Service Director – Leisure, Culture and Community Wellbeing, in consultation with the Cabinet Member for Health and Wellbeing, to make amendments to the Smoke Enforcement Policy between the formal review periods to enable operational effectiveness.   REASONS FOR DECISIONS   1.   To enable the Council to effectively and proportionately enforce the powers under the Clean Air Act 1993 (as amended by the Environment Act 2021 with effect from May 2022) for dealing with smoke emissions in Smoke Control Areas (SCAs).   2.   To agree to the implementation and use of Fixed Penalty Notices as an enforcement tool in connection with smokey chimneys.   3.   To ensure proper delegation and sub-delegation of functions and powers.   4.      To agree to the Smoke Enforcement Policy for the investigation and enforcement of those new powers, including levels of financial penalty to be imposed.

Date of Decision: October 21, 2025