Islington - Variation of Smoke Control Order

Islington

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

1. Notice is hereby given that the London Borough of Islington (“the Council”) of Town Hall, Upper Street, London N1 2UD proposes to make an Order, in the exercise of its powers under Section 18 of the Clean Air Act 1993 (“the Act”) as amended by Section 73 of the Environment Act 2021, to vary the previous Smoke Control Order 2017.

2. The proposed Order, entitled The London Borough of Islington Smoke Control (Variation) Order 2026, would come into operation on 23 January 2027.

3. The area covered by the proposed Order remains the whole of the London Borough of Islington, including any waterways where vessels may be moored or stationary.

4. If, on any day after the proposed Order comes into operation, smoke is emitted from a chimney of any building or from the chimney of any vessel moored within the area covered by the Order, the occupier of that building or vessel will be guilty of an offence and liable to a fine under Schedule 1A to the Clean Air Act 1993 (Penalty for Emission of Smoke in Smoke Control Area in England) unless they can demonstrate that the emission of smoke falls under one of the specific defences outlined in the Act. This offence does not apply if the emission of smoke is caused by the use of an authorised fuel or the use of an exempted appliance. (Note: the term “appliance” is used to describe what may also be referred to as a “fireplace.” Both terms refer to equipment listed as exempt by the Secretary of State.) The authorised fuels and exempted appliances are published in lists by the Secretary of State and updated periodically on the DEFRA website.

5. If, on any day after the proposed Order comes into operation, any person acquires for use in a fireplace other than an exempted fireplace, or sells by retail for delivery, unauthorised fuel within the area covered by the Order, they will be guilty of an offence and liable to a fine. However, in the case of an offence involving the sale of unauthorised fuel for delivery, it shall be a defence to prove that they believed and had reasonable grounds for believing that the fuel was acquired for use in an exempted appliance (commonly also referred to as a “fireplace”).

6. The variation includes extending the Order’s applicability to vessels moored within the Smoke Control Area, including those on waterways. Please note: This Order only applies to emissions from chimneys and does not apply to vessel exhaust emissions, which fall outside the scope of the Clean Air Act 1993.

7. Copies of the proposed Order and accompanying plan may be inspected free of charge during normal office hours from 04 June 2026 to 23 July 2026 at:

Municipal Offices 222 Upper Street London, N1 1XR

South Library 115-117 Essex Road London, N1 2SL

Lewis Carroll Library 166 Copenhagen Street London, N1 0ST

Alternatively, either may be viewed on the Council’s website: www.letstalk.islington.gov.uk/variation-of-smoke-control-order

8. Within this period, any person who will be affected by the proposed Order may object by responding online on www.letstalk.islington.gov.uk, emailing pollution@islington.gov.uk or writing to the following address:

Pollution Team Environment and Climate Change Islington Council Waste and Recycling Centre 1 Cottage Road London, N7 8TP

All feedback, including objections, should be clearly headed ‘Islington Borough Council – ‘Feedback or Objection to Revision of Smoke Control Order’