First ‘log burner fine’ issued to resident under new council powers

The local authority adopted new measures in December last year to allow environmental health officers to issue fixed penalty notices to stop “excessive smoke emissions.”

It came after a rise in complaints about chimney smoke due to the trend for people having solid fuel appliances fitted.

A report by Jack Hemingway, the council’s cabinet member for the environment and climate change, said: “The owner of a stove has been issued with a financial penalty notice to stop unreasonable and excessive smoke from a chimney serving a stove.

“The penalty was a £175 fine. It is the first notice served since December 2023 when cabinet agreed to enforce recent changes to legislation brought in to improve air quality and protect health.”

Coun Hemingways report will be discussed at a full council meeting on July 24.

Figures show the council investigated 216 complaints related to domestic chimneys between 2019 and 2022.

Under the new powers, part of the Environment Act 2021, fines start at £175, rising to £300 for repeat offenders.

Continued offending can lead to prosecution.

The penalties are similar to those introduced by a number of other local authorities.

The measures are also designed to make it easier to prosecute sellers of prohibited solid fuels and providers of appliances that are not approved by Defra

Speaking at the time the powers were introduced, Coun Hemingway said: “Ultimately the powers will only be utilised following a verbal discussion and written warning.

“There is also a full appeals process.

“But it is necessary to have stronger powers for repeat offenders blighting our communities.

“The new notices will help to end this nuisance behaviour which emits harmful particles and will improve air quality and public health in the district.”

The council was also recommended to develop an awareness campaign on log burners and the importance of buying the right fuel.

A report said: “Whilst the adverse health impacts of smoke emissions are generally accepted, wood burners are perceived to be an environmentally friendly method of heating.

“Many people don’t realise that using a log burner can triple the level of harmful pollution inside the home and an open fire can produce ten times as much pollution.

“Awareness of the exposure that takes place in the home is currently very low.”