Clean Air Act 1993
This legislation provides specific powers to deal with offences
relation to the production of dark or black smoke from chimneys and
industrial or trade premises, (which includes farms). There are
specified powers also relating to the operation of furnaces and
minimum chimney heights.
More general powers relating to smoke nuisance from bonfires on
commercial or domestic premises are dealt with under the nuisance
control provisions of The Environmental Protection Act 1990.
Contrary to popular belief there is no amnesty for garden fires
after 6:00 pm the duty remains not to cause a nuisance to
neighbouring dwellings.
Is the Malvern Hills district classed as a 'Smoke
Control Area'?
None of this Council's district lies within a Smoke Control
Area, there are therefore no restrictions which require specific
fuels only to be burned in domestic properties.