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Building control regs - open fireplace

I intend to replace the existing hideous yorkstone fireplace surround in my lounge and take out an old back boiler thats in the recess and then refit something more modern retaining the open fireplace. The house was built in 1961 and has a class 1 flue.

The fireplace company I asked to quote for the work insist I must have a new room vent added to an outside wall because of the requirements of Part J of the building control regulations. I checked with my local building control officer who said I don't need a new vent. I looked at PART J section 2 myself and it uses the word "should" have a permanent open vent. I am confused. Who's right?
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