Clean Air Act

Clean Air Act Approval

To protect against high concentrations of air pollutants at ground level, which could create health effects, the Clean Air Act 1993 allows Local Authorities to control the height of chimneys serving industrial processes.

Under section 14 of the Act, unless the height of the chimney has been approved by the local authority and any conditions attached to approval adhered to, it is an offence to cause or knowingly permit a furnace to be used to:

  • burn pulverised fuel
  • burn at a rate of 45.4 kg or more an hour any other solid matter or
  • burn at a rate equivalent to 366.4 kW or more any liquid or gaseous matter

The theory behind this is to ensure that emissions from chimneys exit at high levels to aid dispersion and dilution and limit the process of gravity from bringing high concentrations of grit, dust, soot and gases down to ground level.

Applications for chimney height approval always contain technical data and calculations to support the overall height applied for and Local Authorities will ensure that information is correct before granting an approval. The Local Authority may also attach conditions to approvals.

In addition provisions are also contained within legislation dealing with prescribed processes under the Environmental Protection Act 1990 and the Pollution Prevention and Control Regulations 2000; details of these processes in Tendring District Council can be found under Authorised Processes.

For information on Cooling Towers and Evaporative Condensers including companies registered in the Tendring area please use the link below: -

Cooling Towers and Evaporative Condensers

For further advice and guidance on applications for chimney height approval please contact:

Address:  Environmental Services, Council Offices, Clacton-on-Sea, Essex, CO16 9AJ
Telephone: 01255 686767

Some advice will vary from authority to authority so, if you do not live in the Tendring district, it is advisable to contact your own local authority.  To find out who your local authority is, you can check your Council Tax bill or enter your postcode on the Government information website

Last updated on: 01/11/2021 - 16:02