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The Borough of Dudley is within a smoke control area therefore all combustion appliances must burn either a smokeless fuel or the appliance itself must be an exempt appliance as defined by the Clean Air Act 1993.

At whatever height smoke and flue gases are discharged, gravity will eventually bring the larger particles of grit, dust and soot to the ground. The higher the point of discharge and the greater the total heat content of the discharges gases, the more widespread and diluted the fine particles and gases will be by the time they reach ground level.

Controlling chimney height

Through the provisions of the Clean Air Act 1993 local authorities can take into account a number of relevant factors in determining the most appropriate height of a chimney. These include the need to avoid downdraught or down wash created by the chimney itself, or by buildings or topographical features; to avoid the ground level concentration of combustion products becoming prejudicial to health or a nuisance.

Under section 14 of the 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 45.5 kg or more an hour any other solid matter, or
  • burn at a rate equivalent to 366.4 kilowatts or more any liquid or gaseous matter

More information on smoke control legislation can be found on Smoke Control Order Enforcement.

Making a complaint

If you feel we have failed to provide you with good service or are concerned about the progress of your application, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.

Contact Us

Environmental Safety and Health
People Directorate
3-5 St James's Road
Dudley
DY1 1HZ

Offices closed at weekends and Bank Holidays.