Royal Borough of Kensington and Chelsea

PROPOSAL FOR A CONSOLIDATED SMOKE CONTROL ORDER TO BE MADE UNDER SECTION 18 OF THE CLEAN AIR ACT 1993

1. Notice is hereby given that the Royal Borough of Kensington and Chelsea (“the Council”) of Town Hall, Hornton Street W8 7NX proposes to make an Order, in the exercise of its powers under section 18 of the Clean Air Act 1993 to revoke previous Smoke Control Areas as listed in Schedule 1 and to declare its area to be a Smoke Control Area. 2. The proposed Order entitled the Royal Borough of Kensington and Chelsea Smoke Control Order 2004 would come into operation on 14 May 2004. 3. The area covered by the proposed Order is to be the whole of the Royal Borough of Kensington and Chelsea. 4. If, on any day after the proposed Order comes into operation, smoke is emitted from a chimney of any building within the area covered by the Order, the occupier of that building will be guilty of an offence and liable to a fine, unless he proves that the emission of smoke was caused by the use of an authorised fuel or the use of an exempted fireplace in accordance with the conditions as laid out in the appropriate Order. The authorised fuels for the purpose of Part III of the Clean Air Act 1993 at the time of making this Order were consolidated in Smoke Control Areas (Authorised Fuels) SI No 3745/2001 amended by SI No 3046/2002. The exempted fireplaces are designated with conditions in various Smoke Control (Exempted Fireplaces) (England) Orders and are listed in Schedule 2. 5. If, on any day after the proposed Order comes into operation, any person who acquires or sell by retail for delivery by the seller which is not an authorised fuel within the area covered by the Order, that person will be guilty of an offence and liable to a fine unless he proves that the qualifications in section 23 apply. 6. The effect of the proposed Order is to revoke the terms of all the Smoke Control Orders listed in Schedule 1, in order to consolidate them into one order due to the changes in local authority boundaries, the redevelopment of the areas since the making of the existing orders and revokes all the previous exemptions. 7. Full copies of the proposed Order, and of the map referred to in it, may be inspected, free of charge, at the Directorate of Environmental Health, Council Offices, 37 Pembroke Road, London W8 6PW, or Planning Department, Town Hall, Hornton Street W8 7NX, from 9.00 am to 5.00 pm Monday to Friday during the period of 6 weeks beginning on 5 March 2004, or on the Royal Borough of Kensington and Chelsea website www.rbkc.gov.uk/airquality 8. Within this 6-week period, any person who will be affected by the proposed Order may object to the Council making the Order. Any objections must be made in writing and addressed to the Council at Directorate of Environmental Health, Environmental Quality Unit, Council Offices, 37 Pembroke Road, London W8 6PW or to Hugh.Donohoe@rbkc.gov.uk Schedule 1 List of Smoke Control Orders to be revoked. All Smoke Control Orders made on the following dates are revoked: Dates of Orders 1 October 1959; 1 October 1960; 1 October 1961; 1 October 1962; 1 October 1963; 1 October 1964; 1 October 1965; 1 October 1966; 1 October 1967; 1 October 1968; 1 October 1969. 1 July 1965; 1 June 1967; 20 October 1967; 1 November 1960; 1 November 1962; 1 January 1969. 1 July 1970; 1 October 1970. Schedule 2 No buildings are exempted in the Royal Borough of Kensington and Chelsea The list of Smoke Control (Exempted Fireplaces) (England) Orders Smoke Control Areas (Exempted Fireplaces) Order 1970 (SI 1970 No 615) Smoke Control Areas (Exempted Fireplaces) (No 2) Order 1970 (SI 1970 No 1667) Smoke Control Areas (Exempted Fireplaces) Order 1971 (SI 1971 No 1265) Smoke Control Areas (Exempted Fireplaces) Order 1972 (SI 1972 No 438) Smoke Control Areas (Exempted Fireplaces) (No 2) Order 1972 (SI 1972 No 955) Smoke Control Areas (Exempted Fireplaces) Order 1973 (SI 1973 No 2166) Smoke Control Areas (Exempted Fireplaces) (No 2) Order 1975 (SI 1975 No 1001) Smoke Control Areas (Exempted Fireplaces) (No 3) Order 1975 (SI 1975 No 1111) Smoke Control Areas (Exempted Fireplaces) Order 1978 (SI 1978 No 1609) Smoke Control Areas (Exempted Fireplaces) Order 1982 (SI 1982 No 1615) Smoke Control Areas (Exempted Fireplaces) Order 1983 (SI 1983 No 277) Smoke Control Areas (Exempted Fireplaces) (No 2) Order 1983 (No 426) Smoke Control Areas (Exempted Fireplaces) (No 3) Order 1983 (No 1018) Smoke Control Areas (Exempted Fireplaces) Order 1984 (SI 1984 No 1649) Smoke Control Areas (Exempted Fireplaces) Order 1985 (SI 1985 No 864) Smoke Control Areas (Exempted Fireplaces) Order 1986 (SI 1986 No 638) Smoke Control Areas (Exempted Fireplaces) Order 1988 (SI 1988 No 2282) Smoke Control Areas (Exempted Fireplaces) Order 1989 (SI 1989 No 1769) Smoke Control Areas (Exempted Fireplaces) Order 1990 (SI 1990 No 345) Smoke Control Areas (Exempted Fireplaces) (No 2) Order 1990 (SI 1990 No 2457) Smoke Control Areas (Exempted Fireplaces) Order 1991 (SI 1991 No 2892) Smoke Control Areas (Exempted Fireplaces) Order 1992 (SI 1992 No 2811) Smoke Control Areas (Exempted Fireplaces) Order 1993 (SI 1993 No 2277) Smoke Control Areas (Exempted Fireplaces) Order 1996 (SI 1996 No 1108) Smoke Control Areas (Exempted Fireplaces) Order 1997 (SI 1997 No 3009) Smoke Control Areas (Exempted Fireplaces) Order 1999 (SI 1515) Smoke Control Areas (Exempted Fireplaces) (England) Order 2001 (SI 2001 No 422)