1. Notice is hereby given that Broxtowe Borough Council ("the Council") of Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB proposes to make an Order, in the exercise of its powers under Section 18 of the Clean Air Act 1993 ("the Act") to revoke previous Smoke Control Orders as listed in Schedule 1 below and to declare its area to be a Smoke Control Area.

2. The proposed Order entitled “the Broxtowe Borough Council Smoke Control Order 2023” would come into operation by or before autumn 2023/spring 2024.

3. The area covered by the proposed Order is the whole of the District of Broxtowe.

4. If, on any day after the proposed Order comes into operation, smoke is emitted from a chimney of any building or moored vessel within the area covered by the Order, the occupier of that building or moored vessel will be liable to a financial penalty of between £175 and £300.

5. If, on any day after the proposed Order comes into operation, any person acquires for use in a fireplace other than an exempted fireplace, or sells by retail for delivery, unauthorised fuel within the area covered by the Order, he will be guilty of an offence and liable to a fine, unless, in the case of an offence consisting of the sale of unauthorised fuel for delivery, he proves he believed and had reasonable grounds for believing that the fuel was acquired for use in an exempted fireplace. The authorised fuels and exempted fireplaces for the purposes of Section 19B of the Act are those published in lists by the Secretary of State and updated from time to time on the Defra website on gov.uk.

6. The proposed Order will replace the Smoke Control Orders listed in Schedule 1 below to consolidate them into one Smoke Control Order covering the whole of the area of the Council, and will extend the scope of the Smoke Control Order to moored vessels.

7. Copies of the proposed Order and accompanying plan may be inspected free of charge during normal office hours from 19 June to 7 August 2023 at Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB.

8. Within this period, any person who will be affected by the proposed Order may object by writing to Environmental Health, Broxtowe Borough Council, Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB

or alternatively, please refer to the Council’s website:

https://www.broxtowe.gov.uk/smokecontrolconsultation

All objections should be clearly headed ‘Objection to revision to Smoke Control Orders'.

SCHEDULE 1

LIST OF SMOKE CONTROL ORDERS TO BE REVOKED

Beeston and Stapleford Smoke Control Order 1960 (No.1 Inham Nook, Chilwell)

Beeston and Stapleford Smoke Control Order 1961 (No.2 Bramcote HIlls)

Beeston and Stapleford Smoke Control Order 1962 (No.3 New Eaton Estate, Stapleford)

Beeston and Stapleford Smoke Control Order 1964 (No.3a Hilltop Farm Estate)

Beeston and Stapleford Smoke Control Order 1963 (No.4 Toton and Part of Chilwell)

Beeston and Stapleford Smoke Control Order 1963 (No.5 Hillside Road Estate, Hofton)

Beeston and Stapleford Smoke Control Order 1964 (No.6 Attenborough part Chilwell & part Beeston)

Beeston and Stapleford Smoke Control Order 1965 (No.7 Chilwell – part)

Beeston and Stapleford Smoke Control Order 1966 (No.8 Stapleford – part)

Beeston and Stapleford Smoke Control Order 1967 (No.9 Beeston – part Bramcote – part and Chilwell - part)

Beeston and Stapleford Smoke Control Order 1968 (No.10 Beeston – part and Chilwell - part)

Beeston and Stapleford Smoke Control Order 1969 (No.11 Bramcote – part and Stapleford - part)

Beeston and Stapleford Smoke Control Order 1970 (No.12 Part Beeston)

Beeston and Stapleford Smoke Control Order 1971 (No.13 Part Beeston)

Beeston and Stapleford Smoke Control Order 1972 (No.14 Beeston Rylands)

Beeston and Stapleford Smoke Control Order 1973 (No.15)

Eastwood No.3 Smoke Control Order 1978

Kimberley No.4 Smoke Control Order 1979

Broxtowe Borough Council (Nuthall West) (No.5) Smoke Control Order 1981

Broxtowe Borough Council (Nuthall East) (No.6) Smoke Control Order 1980

Broxtowe Borough Council (Watnall) (No.7) Smoke Control Order 1982