Pollution Control - Smoke and Other Nuisances

Smoke gets in your eyes - it covers clean washing in smuts, contaminates food and can cause breathing problems. You - or someone else - can pay a high price for causing such a nuiance. Part 3 of the Environmental Protection Act 1990 requires the Council to take reasonable steps to investigate and, if appropriate, to take formal action in the event of justified complaints of statutory nuisance.

A Statutory Nuisance in this context can include emissions of smoke, fumes or gases, dust, steam and smell. The emissions must arise from premises and must materially affect the use of enjoyment or other premises. Typical complaints of this type are smoke and ash from garden bonfires, smoking chimneys, dust from buildings and demolition activity and cooking smells from restaurants. The legislation does not allow us to deal with complaints of smells arising from domestic premises.

If satisfied that a complaint of statutory nuisance is justified, an Abatement/Penalty Notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated. Failure to comply with an Abatement/Penalty Notice is an offence and legal proceedings may result. If found guilty of an offence of this type then the maximum fine is £5,000 on domestic premises and £20,000 on commercial premises.

Smoke Control Area apply to parts of Windsor. The effect is to require householders to burn only approved smokeless fuels - e.g. gas, coke or branded solid smokeless fuels including Coalite & Homefire - see the Solid Fuel Association website - solidfuel.co.uk. This site also gives advise on fireplaces, appliances and fuels. The Council would encourage everyone to use an efficient modern appliance and burn only smokeless fuel. In doing so you will support the RBWM Air Quality Strategy which targets improvements in air quality as the principal method of improving health and quality of life in the Royal Borough.

For more information or to make a complaint please call the Customer Service Centre on 01628 683 830 or use our online form

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