Notice is hereby given that The Council of the City of Newcastle upon Tyne (the Council) in the exercise of its powers under Part III of the Clean Air Act 1993 (the Act), as amended:

(a) on 1st day of December 2023, made an Order entitled ‘The Council of the City of Newcastle upon Tyne Smoke Control Orders (Revocation) Order 2023’ (the Revocation Order); and

(b) propose to make an order entitled ‘The Council of the City of Newcastle upon Tyne Smoke Control Order 2024’ (the Proposed Order) declaring that the whole of the administrative area of the Council shall be a smoke control area for the purposes of the Act, subject to consideration by the Council of any objections, which are not withdrawn.

The Revocation Order

The effect of the Revocation Order is to revoke all existing smoke control orders in operation in the administrative area of the Council set out in the Schedule, subject to confirmation by the Secretary of State. If confirmed, it will remove all smoke controls for those parts of the Council’s administrative area previously declared smoke control areas.

If the Revocation Order is confirmed, with or without modification, it will not come into operation any earlier than six months from the date of confirmation.

The Proposed Order

The effect of the Proposed Order would be that if, on any day after the Proposed Order comes into operation:

1. smoke is emitted from a chimney of any building or vessel moored within the administrative area of the Council, the occupier of that building, or moored vessel, is liable to a civil financial penalty of between £175 and £300, subject to any objection on the grounds specified by Section 19A of, and Schedule 1A to the Act.

2. any person who:

(a) acquires any controlled solid fuel for use in a building or fireplace, other than an approved fireplace at the time of acquisition;

(b) offers controlled solid fuel for sale by retail where the fuel is to be taken away by the purchaser;

(c) fails to take reasonable steps to notify potential purchasers that it is an offence to acquire controlled solid fuel for any of the uses in (a) above;

(d) sells any controlled solid fuel by retail for delivery to a building covered by the Proposed Order,

will be guilty of a criminal offence and liable on summary conviction to level 3 fine on the standard scale for the offence under 2(a), or an unlimited fine for the other offences in 2(b)-(d), subject to the statutory defence set out in Section 19B(6) of the Act in the case of a 2(d) offence.

(Note: An ‘approved fireplace’ means a fireplace of a type specified in a list published by the Secretary of State; ‘controlled solid fuel’ means any solid fuel other than an approved fuel and ‘approved fuel’ means a solid fuel specified in a list published by the Secretary of State).

If the Proposed Order is made, it will come into operation on the date specified in the Order being not less than six months after it is made, or such later date as the Council may specify.

Copies of the Revocation Order and the Proposed Order may be inspected free of charge at: Civic Centre, Newcastle upon Tyne NE1 8QH at all reasonable times during the period of eight weeks from 20th March 2024, or at www.newcastle.gov.uk/smokecontrol.

Within that period any person who will be affected by the Revocation Order, or the Proposed Order, may object by notice in writing as follows:

Objections to the confirmation of the Revocation Order should be clearly headed ‘Objection to the revision of Newcastle’s Smoke Control Orders’ and must be sent to the Secretary of State at: Air Quality and Industrial Emissions, DEFRA, Seacole Building, 2 Marsham Street, London SW1P 4DF Air.Quality@defra.gov.uk

Objections to the making of the Proposed Order must be sent to: Environmental Protection, Public Safety and Regulation, Newcastle City Council, Civic Centre Newcastle upon Tyne, psr@newcastle.gov.uk

Orders made by Newcastle upon Tyne City and County Council

The Newcastle upon Tyne Smoke Control Order No. 1 1958

The Newcastle upon Tyne Smoke Control Order No. 2 1959

The Newcastle upon Tyne Smoke Control Order No. 3 1960

The Newcastle upon Tyne Smoke Control Order No. 4 1960

The Newcastle upon Tyne Smoke Control Order No. 5 1961

The Newcastle upon Tyne Smoke Control Order No. 6 1962

The Newcastle upon Tyne Smoke Control Order No. 7 1962

The Newcastle upon Tyne Smoke Control Order No. 8 1962

The Newcastle upon Tyne Smoke Control Order No. 9 1962

The Newcastle upon Tyne Smoke Control Order No. 9 1964

The Newcastle upon Tyne Smoke Control Order No. 10 1963

The Newcastle upon Tyne Smoke Control Order No. 10 1965

The Newcastle upon Tyne Smoke Control Order No. 11 1963

The Newcastle upon Tyne Smoke Control Order No. 11 1966

The Newcastle upon Tyne Smoke Control Order No. 12 1967

The Newcastle upon Tyne Smoke Control Order No. 13 1969

The Newcastle upon Tyne Smoke Control Order No. 14 1971

The Newcastle upon Tyne Smoke Control Order No. 15 1972

The Newcastle upon Tyne Smoke Control Order No. 15 1972

The Newcastle upon Tyne Smoke Control Order No. 16 1973

Orders made by Newcastle upon Tyne City Council

The Newcastle upon Tyne Smoke Control Order No. 17 1973

The Newcastle upon Tyne Smoke Control Order No. 18 1973

The Newcastle upon Tyne Smoke Control Order No. 19 1974

The Newcastle upon Tyne Smoke Control Order No. 20 1974

The Newcastle upon Tyne Smoke Control Order No. 21 1974

The Newcastle upon Tyne Smoke Control Order No. 22 1974

The Newcastle upon Tyne Smoke Control Order No. 23 1975

The Newcastle upon Tyne Smoke Control Order No. 24 1975

The Newcastle upon Tyne Smoke Control Order No. 25 1975

The Newcastle upon Tyne Smoke Control Order No. 26 1976

The Newcastle upon Tyne Smoke Control Order No. 27 1976

The Newcastle upon Tyne Smoke Control Order No. 28 1976

The Newcastle upon Tyne Smoke Control Order No. 29 1976

The Newcastle upon Tyne Smoke Control (Variation) Order 1977

Orders made by Gosforth Urban District Council

The Gosforth No. 1 (Fawdon Red House Farm Estate) Smoke Control Order 1971

The Gosforth No. 2 (Grange Estate, part of) Smoke Control Order 1971

The Gosforth No. 3 (Regent Farm Estate) Smoke Control Order 1972

The Gosforth No. 4 (Grange Park, part of) Smoke Control Order 1972

The Gosforth No. 5 (Gosforth North East) Smoke Control Order 1973

The Gosforth No. 5 (Gosforth North East) Smoke Control Order 1973

The Gosforth No. 6 (West Central) Smoke Control Order 1973

The Gosforth No. 7 (South West) Smoke Control Order 1973

The Gosforth No. 8 (Gosforth) Smoke Control Order 1975

The Gosforth No. 9 (Gosforth) Smoke Control Order 1975

The Gosforth No. 10 (Gosforth) Smoke Control Order 1976

Orders made by Newburn Urban District Council

The Newburn No. 1 (Throckley) Smoke Control Order 1960

The Newburn No. 2 (Chapel House Estate) Smoke Control Order 1960

The Newburn No. 3 (West Denton) Smoke Control Order 1964

The Newburn No. 4 (West Denton and Westerhope) Smoke Control Order 1965

The Newburn No. 5 (West Avenue) Smoke Control Order 1965

The Newburn No. 6 (South Denton) Smoke Control Order 1965

The Newburn No. 7 (Walbottle) Smoke Control Order 1966

The Newburn No. 8 (Lemington) Smoke Control Order 1966

The Newburn No. 9 (Lemington) Smoke Control Order 1968

The Newburn No. 10 (Lemington) Smoke Control Order 1968

The Newburn No. 11 (Throckley) Smoke Control Order 1969

The Newburn No. 12 (Chapel Park Estate) Smoke Control Order 1970

The Newburn No. 13 (South Dumpling Hall) Smoke Control Order 1972

The Newburn No. 14 (Hilda and Orchard Terrace) Smoke Control Order 1972

The Newburn No. 15 (South Hospital Lane) Smoke Control Order 1972

The Newburn No. 16 (Hillhead Farm) Smoke Control Order 1973

The Newburn No. 17 (North Walbottle) Smoke Control Order 1973

The Newburn No. 18 (North Hillhead Road) Smoke Control Order 1973

The Newburn No. 19 (Dilston Drive, Westerhope) Smoke Control Order 1973

The Newburn No. 20 (Downend Road, Westerhope) Smoke Control Order 1973

The Newburn No. 21 (Newburn) Smoke Control Order 1974

The Newburn No. 22 (Newburn) Smoke Control Order 1975

The Newburn No. 23 (Newburn) Smoke Control Order 1975

The Newburn No. 24 (Newburn) Smoke Control Order 1976

Orders made by Castle Ward Rural District Council

The Castle Ward No. 1 (Newbiggin Hall and Whorlton Grange) Smoke Control Order 1969

The Castle Ward No. 2 (Castle Ward) Smoke Control Order 1975

The Castle Ward No. 3 (Castle Ward) Smoke Control Order 1976

Any other smoke control order made, pursuant to Section 11 of the Clean Air Act 1956, before 13th November 1980, by the Council, Newcastle upon Tyne City and County Council, the Gosforth Urban District Council, the Newburn Urban District Council or the Castle Ward Rural District Council.

Dated this 20th March 2024

E. Foster, Head of Public Safety and Regulation.