Consultation and engagement

Consultation on the consolidation of Smoke Control Areas in Liverpool

Start date: 20th February 2025
End date: 18th April 2025

What are we consulting on?

Liverpool City Council is to declare a single Smoke Control Area for the whole of the city  by proposing to consolidate historic Smoke Control Orders into a single, new, Smoke Control Order. This will be done by revoking the old Smoke Control Orders and making a new Smoke Control Order.

The whole of Liverpool is already covered by Smoke Control Orders, but these were made a long time ago and in a fragmented and piecemeal fashion.

There were approximately forty Smoke Control Orders made between 1957 and 1987, each creating a new Smoke Control Area. In the years that have followed, the city has undergone significant development and therefore it is not always clear which individual Smoke Control Order applies to which Smoke Control area of the city.

Replacing the forty old Smoke Control orders with a single new Smoke Control order covering the whole of the city will make it easier for the Council to administer and enforce rules relating to burning in domestic appliances, such as open fires and log burners. It will also provide clarity for residents, developers, and businesses in the city about what they can burn.

The Revocation Order will revoke all previous Smoke Control Orders, subject to approval by the Secretary of State and The Proposed Order will declare a new Smoke Control Order. Please also see out FAQs at the bottom of this page.

How to comment

Objections to the confirmation of the Revocation Order must be sent to the Secretary of State at: Air Quality and Industrial Emissions, Defra, Seacole Building, 2 Marsham Street, London, SW1P 4DF or by email to: Air.Quality@defra.gov.uk.  

Objections to the making of the Proposed Order must be sent to: Regulatory and Planning Team, City Law and Governance, Liverpool City Council, Cunard Building, Water Street, Liverpool, L3 1AH or by email to: roger.mann@liverpool.gov.uk.  

What happens to my views?

Your comments may be included in the consultation report given to committee and published on this website, but your name and details will not appear next to them. All comments will be kept solely for the purposes of this consultation.

What happens next?

Your comments will be considered by Liverpool City Council and help decide whether to proceed with the declaration of a new Smoke Control Area.

If the Proposed Order is made, it will come into operation on the date specified in the order being not less than six months after it is made, or such later date as the Council may specify.

At the same time, the Secretary of State will also consider your comments and decide whether to revoke the old Smoke Control Order.

If the Revocation Order is confirmed, with or without modification, it will not come into operation any earlier than six months from the date of confirmation by the Secretary of State.

Further information

If you have any questions about this consultation, please email AirQuality@liverpool.gov.uk.  

View our FAQs

The whole of Liverpool is already covered by Smoke Control Areas, but these were made a long time ago and in a fragmented and piecemeal fashion. There were approximately forty Smoke Control Orders (SCO’s) made between 1957 and 1987 each creating a new Smoke Control Area (SCA). The city has undergone significant development in the following years and therefore it is not always clear which SCO applies to which areas of the city.

Replacing the forty old SCA’s with a single new SCA will make it easier for the Council to administer and enforce rules relating to burning in domestic appliances such as open fires and log burners. It will also provide clarity for residents, developers, and businesses in the city about what they can burn.

No. The whole of Liverpool is already covered by SCA’s. Therefore, replacing the old SCA’s with a new  single SCA covering all of the city will not change the rules for the residents of Liverpool.

The laws for SCA’s were changed in 2021, with two new pieces of legislation being introduced. These were the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 and the Environment Act 2021. These laws gave local councils new powers to tackle air pollution in and prohibit the sale of certain fuels in SCA’s. Therefore, the Council chose to review the existing SCA’s and decided that they were inadequate for our current needs especially in relation to undertaking any enforcement. As a result of the new legislation being introduced, many other local councils have made the same decision.

In the UK, the single biggest source of particulate matter air pollution (PM2.5) is from domestic burning. We spend over 90% of our time indoors and the use of a wood burning stove has a negative impact on indoor air quality. This makes it a significant risk to public health. Everyone is at risk from indoor air pollution, but you are more vulnerable if you have Chronic Obstructive Pulmonary Disease (COPD), asthma or other lung conditions, or if you are elderly or a child. PM2.5 air pollution can cause coughs, dizziness, inflamed airways, and shortness of breath. It increases the risk of pneumonia, COPD and lung cancer, as well as heart disease and stroke, leading to early death. It can also impact pregnancy and the development of children’s lungs.

In a Smoke Control Area (SCA) you cannot emit smoke from a chimney unless you are burning an authorised fuel or using ‘exempt appliances’, for example specific burners or stoves. In addition you must not buy an unauthorised fuel for use in a SCA, unless it is to be used in an exempt appliance. You can be fined up to £1,000 if you break the rules.

You can also visit Let’s Clear the Air for more information.

Authorised fuels are fuels which are authorised by the Government under the Clean Air Act 1993. These include inherently smokeless fuels such as anthracite, semi-anthracite, gas, low volatile steam coal and specific brands of manufactured solid smokeless fuels. These fuels have passed tests to confirm that they can burn in an open fireplace without producing smoke. View a list of fuels authorised for use in Smoke Control Areas (GOV.UK).

Ready to burn logoNew legislation called the Air Quality (Domestic Solid Fuels Standards) (England) Regulations 2020 came into effect on 1 May 2021, which means that the sale of wood for domestic combustion in England must have the “Ready to Burn” logo. This is the responsibility of the supplier, although there are a few exceptions. Authorised smokeless fuels are sold by some hardware shops, petrol filling stations and DIY stores and are clearly labelled 'Ready to Burn’.

You must not burn any wood on an open fire, although a small amount of kindling or timber wood can be used to light the fire. You can only burn fuel on the list of authorised fuels (GOV.UK).

Yes. You can use outdoor barbecues, chimeneas, fireplaces or pizza ovens within a SCA, however if any of these appliances release smoke through a chimney of a building however if any of these appliances release smoke through a chimney of a building, i.e. a summerhouse, they can only burn authorised fuel or must be exempt appliances. In all cases, you must be careful not to create a nuisance to neighbours.

Yes, but only with fuels authorised for use in Smoke Control Areas (GOV.UK) with the “Ready to Burn” logo.

No. You can use your existing stove with the authorised fuel, or if you wish to purchase a new stove, choose an exempt appliance. 

No. You are allowed garden bonfires in SCA’s, however you must follow the Government’s rules on bonfires. We do discourage people from having garden bonfires because they can cause serious nuisance to neighbouring properties and contribute to high pollution levels. 

  • Choose an energy efficient stove which is ‘Eco Design Compliant’ more information about these types of stoves can be found at www.hetas.co.uk . These are energy efficient appliances that have been independently verified by HETAS, to help lower UK emissions and improve air quality. 
  • Use fuel labelled Ready to Burn for both wood and manufactured solid fuels.
  •  Ensure that you have it serviced and swept regularly– 40% of chimney fires take place between January and March.
  •  Follow manufacturer’s instructions for refuelling .

Authorised solid fuels are designed to be more efficient at burning so are cheaper than using coal. However, if you are concerned about the cost of heating your home as you are on a low income there is help and advice available on our energy efficiency pages.

No. New legislation gave local councils the option to include moored vessels in the scope of a SCA. This could only apply to solid fuels being burnt for heating, and therefore, would mostly apply to canal boats and similar vessels.  Liverpool Council decided that the amount of pollution from this source is insignificant, and it would be out of proportion to implement new restrictions on moored vessels. 

You can only supply or sell wood fuel in volumes of less than 2 cubic metres if it is certified as ‘Ready to Burn’. See further advice on the sale of wood (GOV.UK). You can only supply manufactured solid fuel that is certified as ‘Ready to Burn’, although there are some exemptions. See further advice on the sale of solid manufactured fuels (GOV.UK). It is now illegal to sell traditional house coal in England for use in homes. Suppliers can continue to sell anthracite coal, semi-anthracite coal, low volatile steam coal. See further advice on the sale of coal (GOV.UK).

You must apply for an exemption (GOV.UK) if you make, import or distribute appliances that will be used to burn unauthorised fuel in SCA’s. An 'appliance exemption' shows that fuel-burning appliances - for example stoves, ovens, boilers etc - emit smoke below the acceptable limits. You do not need an exemption if the appliances are used with authorised fuels. 

All commercial biomass boilers that burn wood and coal in a SCA need to be Defra ‘exempt appliances’. See the list of exempt appliances (GOV.UK). All commercial biomass boiler manufacturers are required to meet Defra exemption requirements under the Clean Air Act 1993. Larger biomass boilers or incineration plants may require an Environmental Permit from either the Council or the Environment Agency. See further advice on biomass boilers (GOV.UK).  

If you wish to install a log burning pizza oven in your food business, then there are some solid fuel pizza ovens included in the list of exempted appliances that you may use. See the list of exempted appliances (GOV.UK).  Please remember that any appliance giving off cooking fumes must be properly ventilated to outside air. This will require adequate ventilation which doesn’t cause a nuisance to neighbours and filtered mechanical extract ventilation with an outlet at high level.