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erecting a building or installing plant in which there is a furnace
burning 100 lb. or more of coal an hour (or the equivalent in other
fuel) will be required to submit certain particulars of his proposals
to the local authority and to obtain its approval to the proposed
height of the furnace chimney. Approval will also have to be
obtained in respect of the enlargement of a furnace served by an
existing chimney or the replacement of a furnace by a bigger one.
The local authority may grant approval with or without conditions
relating to the rate and/or quality of emissions. An applicant
will be entitled to appeal to the Minister either against outright
refusal or against any conditions imposed. The Minister can set
aside or uphold the local authority's decision or vary it to the
extent of imposing conditions which the authority could have
imposed.
It will be an offence (involving a daily penalty of up to £100) to
use a new or enlarged furnace where the height of the chimney
has not been approved or to fail to observe any conditions imposed.
The local authority must give a written decision on an application
within four weeks (or agree an extension of time with the applicant).
If it fails to do so the application will be deemed to have
been granted unconditionally.
Mandatory Smoke Control
If the Minister, after consultation with the local authority, is
satisfied that smoke pollution in the area of the authority ought
to be abated and that the authority has made no, or not enough,
smoke control orders he may, under the provisions of the new Act,
direct the authority to prepare and submit to him a programme of
smoke control. The Minister may reject the programme or may
approve it in whole or in part with or without modifications. He
may then require the local authority to proceed to carry it out by
making smoke control orders. If the local authority fails to submit
a programme the Minister may make an order declaring the
authority to be in default and directing it to carry out a programme
devised by the Minister.
Acquisition and Sale of Unauthorised
Fuel in a Smoke Control Area
The power of local authorities to enforce smoke control orders
is strengthened by provisions making it an offence to buy (or otherwise
acquire) any unauthorised solid fuel (e.g. smoke-producing
coal) for use in a smoke control area unless it can be shown that
the fuel is to be burnt in a fireplace which has been exempted