Notice is hereby given that Broxtowe Borough Council (the Council) of Council Offices, Foster Avenue, Beeston, Nottinghamshire, NG9 1AB, in the exercise of its powers under Part III of the Clean Air Act 1993 (the Act), as amended:

a) On the 12th June 2024, made an Order titled the “Broxtowe Borough Council Smoke Control Orders (Revocation) Order 2024 (the Revocation Order);

And

b) Proposes to make Order titled the “Broxtowe Borough Council Smoke Control Order 2024” in the exercise of its powers under Part III of the Clean Air Act 1993 ("the Act") (as amended) to declare the whole of the administrative area of the Council to be a smoke control area for the purposes of the Act, subject to consideration by the Council of any objections, which are not withdrawn.

1. 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 Schedule 1, 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.

2. The effect of the Broxtowe Borough Council Smoke Control Order 2024, if made, would declare the whole of the administrative area of the Council to be a smoke control area.

The revocation of the existing Orders and the commencement of operations of the new Order shall come into operation on a date not less than six months after the revocations are confirmed by the Secretary of State.

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

1. smoke is emitted from a chimney of any building within the administrative area of the Council, the occupier of that building is liable 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 2.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 (£1,000) for the offences 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. “Approved fuel” means a solid fuel specified in a list published by the Secretary of State.)

Copies of the proposed Order and accompanying plan may be inspected free of charge during normal office hours at Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB during the period of eight weeks from 20 June 2024, upon request via health@broxtowe.gov.uk.

Alternatively, either may be viewed on the Council’s website https://www.broxtowe.gov.uk/smokecontrolconsultation

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 making of the Proposed Order must be sent to Environmental Health, Broxtowe Borough Council, Council Offices, Foster Avenue, Beeston, Nottingham, NG9 1AB or health@broxtowe.gov.uk

• Objections to the Revocation Order must be sent to the Secretary of State at: Air Quality and Industrial Emissions, DEFRA Seacole Building, 2 Marsham Street, London SW1P 4DF or by email to Air.Quality@defra.gov.uk

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

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