Modernising Wakefield’s Smoke Control Framework
We are seeking the views on the proposal to simplify smoke regulations within Smoke Control Areas across the district.
We are consulting on proposals to:
Revoke the existing Smoke Control Orders currently in force across the district; and
Replace them with a single district-wide Smoke Control Order.
These changes will create a clearer framework for managing smoke emissions and improving air quality.
What is a Smoke Control Order?
A Smoke Control Order is made under the Clean Air Act 1993 and designates areas as Smoke Control Areas (SCAs). Within these areas, it is an offence to emit smoke from the chimney of a building as amended by the Environment Act 2021.
Fuels and appliances must only be used if exempt by the Department for Environment, Food and Rural Affairs (DEFRA). All fuels and appliances must only be used in Smoke Control Areas. Even when using approved fuels, care must be taken to avoid emitting smoke. Failure to comply may result in enforcement action including fines.
These restrictions apply specifically to smoke emitted from chimneys of buildings. Outdoor burning not regulated under Smoke Control legislation includes:
bonfires
barbecues
chimineas
fire pits
However, these may be subject to other controls, including statutory nuisance provisions.
Why propose these changes?
Air pollution poses a significant risk to public health. Domestic burning of solid fuels such as wood and coal, can contribute to:
respiratory disease
heart conditions
reduced life expectancy
The current Smoke Control framework is based on several individual Orders made between 1958 and 1994. This has resulted in:
a complex patchwork of boundaries
potential confusion for residents and businesses
difficulties in interpretation and enforcement.
What will be the effect of a single district-wide Order?
Smoke Control requirements already apply across the district under existing Orders.
Creating a single district-wide Order will:
simplify the system and improve clarity for residents and businesses
provide a consistent standard across the whole district
reflect modern administrative boundaries
support more effective enforcement using updated powers.
How to view the documents
The consultation period is open from 7 September and will close on the 25 October 2026. Copies of the following documents will be available to view free of charge
Documents can be viewed online using the links above or in person at:
The Library
Wakefield One
Burton Street
Wakefield
WF1 2DD
Have your say
Removal of existing Orders
If the removal of individual Orders affects you, you can object. You just need to write to the Secretary of State (DEFRA) during the consultation period.
Objections should be clearly marked, Objection to the Revocation of Smoke Control Orders and responses should be sent:
By email to: Air.Quality@defra.gov.uk
By post to:
Air Quality and Industrial Emissions Department for Environment
Food and Rural Affairs (DEFRA)
Seacole Building
2 Marsham Street
London SW1P 4DF
Proposed new district-wide Smoke Control Order
If you would like to make a representation or object to the proposed new district-wide Smoke Control Order, you can. You can submit your objections to Wakefield Council using the contact details below.
All responses should be submitted by 25 October 2026.
How to respond
By email to: ep@wakefield.gov.uk
Please use the subject line: Smoke control consultation
By post to:
Community Protection Team
Environmental Health Services Wakefield Council
Wakefield One
Burton Street
Wakefield.
WF12ET
All responses should be submitted by 25 October 2026.
What happens next?
Following the close of the consultation:
Objections will be considered by DEFRA as part of the formal confirmation process.
The revocation Order will be submitted to the Secretary of State. They will then either confirm the Order, confirm the Order with modifications or refuse the order.
Following consideration of responses, we may proceed to make the new district-wide order live.
If the Secretary of State agrees, the Order will start no sooner than six months after it is approved. We may choose a later start date if needed.