Newark & Sherwood District Council

At whatever height smoke and flue gases are discharged, gravity eventually brings 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 discharged gases, the more widespread and diluted will be the fine particles and gases by the time they reach ground level.

Under section 14 of the Clean Air Act 1993, 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

If you are intending to carry out any of the following activities and any one of the above criteria apply, then you need to apply for chimney height approval from the council:

• construct a new chimney
• increase the combustion space of an existing furnace
• add a new furnace to an existing installation
• change the fuel burnt in an existing furnace
• replace a furnace with one having a larger combustion space

The council can take into account a number of factors in determining the best height for a chimney. These include the need to avoid downdraught or downwash 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.

Application for chimney height is free of charge. You can apply by filling in an application form and emailing or posting it back to us at the address at the bottom of the page. Contact us if you require a paper copy to be sent to you. Applications must contain enough information for calculations to be carried out. A written decision will be given within 28 days, unless it is agreed in writing that a longer period may be allowed. If we fail to deal with the application within the agreed period, then approval without qualification will be deemed to have been 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

Supplementary technical assistance for estimating the minimum permissible chimney height for small boilers emitting sulphur dioxide has also been prepared by Stanger Science and Environment at the request of the Department of Environment, Food and Rural Affairs and is available by calling 020 792 6119.

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