smokeless v house coal

AlisonHarrison

My brother lives in the city in a smokeless zone.
He burns house coal rather than smokeless.
He knows he is breaking the law but he says it would take someone to report him to the council and then the council to come out and investigate etc etc.
I am worried sick about him.
What is the likeliehood of him getting reported and what is the procedure?

latecomer

Why worry - he's obviously a big boy and can make his own decisions. I suspect if caught he would get a slap on the wrists but could be wrong. As for the likelyhood of being reported - I suspect that depends on how he gets on with his neighbours.

27col

I'm surprised that you can still buy house coal. But, I must say, some people have a funny idea of what they should be worried sick about. Whatever happens it should not worry the OP. As has been said, he is a big boy now. They will probably just send a gay hit man round to criticise his curtains.

muckybutt

Taken from DEFRA web site

What can you burn in a smoke control area?

In a building in a smoke control area you are legally only allowed to burn authorised fuels, anthracite, semi-anthracite, gas, low volatile steam coals on a fireplace or appliance that is not an exempt appliance. Non-authorised fuels can only legally be burnt in an exempt appliance which has been approved to burn the chosen fuel.

Details of authorised fuels and exempt appliances can be found on the Authorised Fuels page and Exempt Applicances page respectively.

Wood, wood chips and wood pellets are not authorised fuels and therefore to burn these fuels in a smoke control area they must be burnt in an exempt appliance which has been demonstrated to be suitable for burning wood.

So if your brothers stove is an exempt appliance he should be ok, if not and if he is reported and found out he's gonna be in a whole heap of trouble, technically he is breaking the law if thats the case. Clean Air Act would come into play there so it would be a substantial fine.

Clean Air Act 1993:
(5)A person guilty of an offence under this section shall be liable on summary conviction—
(a)in the case of a contravention of subsection (1) as respects a chimney of a private dwelling, to a fine not exceeding level 3 on the standard scale; ...upto £1000

All you can do really is give your bro the facts, if he chooses to ignore then the onus is on him and should he get reported then he'll have to face the consequences.

Clean Air Act http://www.legislation.gov.uk/ukpga/1993/11/contents

If he was to get reported the council would initally pay a visit, if they couldnt get a reply after several visits they can apply for a warrent to gain entry to the property to gather evidence, after that and if they have hard evidence then they would prosecute.
I wouldnt have thought he'd just get a slapped wrist, he is breaking an environmental law just like dropping a ciggy or smoking where he should'nt, councils take a very dim view on these matters and like to make examples.