Clean Air Act

The control of chimney heights enables local authorities to take into account a number of relevant factors in determining the height of a chimney.

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

• burn pulverised fuel
• burn at a rate of 45.4kg or more an hour any other solid matter
• burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter

An application for chimney height approval must contain enough information to allow the necessary calculations to be carried out.

We will consider the application and give a written decision within 28 days of receipt, unless we agree in writing a longer period. If we fail to deal with the application within the agreed time, approval without qualification is given.

We cannot approve the proposed chimney height unless we are satisfied that it will be sufficient to prevent, so far as is practicable, the 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 descriptions of buildings near to it
• the levels of the neighbouring ground
• any other matters requiring consideration in the circumstances

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