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Smoke Control Order 2017

Notice was given on 28th March 2017 that the Council proposed to make a new Smoke Control Order to revoke the earlier Dudley MBC Smoke Control Consolidation Order 1988. Following a consultation period, the Order was made on 14th July 2017 and came into effect on 14th January 2018. The Order covers the whole of the area within the boundary of the Dudley Metropolitan Borough and declares the whole of the borough as a Smoke Control Area. The Order takes into account the borough boundary changes and redevelopment of local areas that have occurred in the time since the earlier Order commenced, at which time some properties were excluded from the Smoke Control Area. No properties are exempted from the Order.

The Order makes it an offence to:

i) emit smoke from a chimney in the Dudley Metropolitan Borough, unless it is proven that the the emission was caused by the use of an authorised fuel or by the use of an exempted fireplace used in accordance with the associated exempted conditions, as detailed in Section 20 and 21 of the Act

ii) acquire or sell by retail for delivery unauthorised fuel for use in a smoke control area other than for a building or fireplace which is exempted, as detailed in Section 23 of the Act

The offences carry a fine on summary conviction up to level 3 on the standard scale (currently £1000).

Details of authorised fuels and exempted appliances are available from the Department for Environment, Food & Rural Affairs website.

The Smoke Control Notice can be viewed here: Smoke Control Notice 2017

The Smoke Control Order can be viewed here: Smoke Control Order 2017