Clean Air Act 1993
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Change 1
16 Height of other chimneys.
(1) This section applies where plans for the erection or extension of a building outside Greater London or in an outer London borough, other than a building used or to be used wholly for one or more of the following purposes, that is to say— (a) as a residence or residences; (b) as a shop or shops; or (c) as an office or offices, are in accordance with building regulations deposited with the local authority and the plans show that it is proposed to construct a chimney, other than one serving a furnace, for carrying smoke, grit, dust or gases from the building. (2) The local authority shall reject the plans unless they are satisfied that the height of the chimney as shown on the plans will be sufficient to prevent, so far as practicable, the smoke, grit, dust or gases from becoming prejudicial to health or a nuisance having regard to— (a) the purpose of the chimney; (b) the position and descriptions of buildings near it; (c) the levels of the neighbouring ground; and (d) any other matters requiring consideration in the circumstances. (3) If a local authority reject plans under the authority of this section— (a) the notice given under section 16(6) of the Building Act 1984 shall specify that the plans have been so rejected; and (b) any person interested in the building may appeal to the Secretary of State. (4) On an appeal under subsection (3) the Secretary of State may confirm or cancel the rejection and, where he cancels the rejection, may, if he thinks it necessary, direct that the time for rejecting the plans otherwise than under the authority of this section shall be extended so as to run from the date on which his decision is notified to the local authority. (4A) In the application of this section to England and Wales— (a) any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for building control approval; (b) any reference to a local authority shall be read as in relation to England including a reference to the building safety regulator and in relation to Wales as a reference to the building control authority; (c) any reference to the rejection of plans shall be read as a reference to the rejection of an application for building control approval; (d) any reference to the notice given under section 16(6) of the Building Act 1984 shall be read as a reference to a notice of rejection of an application for building control approval given in accordance with building regulations, (4B) In subsection (4A)— “application for building control approval” means an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984); “building control authority” means the local authority as stated in section 121A of the Building Act 1984; “building safety regulator” means the regulator within the meaning of Part 2 of the Building Safety Act 2022. (5) In the application of this section to Scotland— (a) any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for a building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8); (b) any reference to a local authority shall be read as a reference to a verifier within the meaning of that Act; (c) any reference to the rejection of plans shall be read as a reference to the refusal of a building warrant under section 9 of that Act; and subsections (3) and (4) shall be omitted.
16 Height of other chimneys.
(1) This section applies where plans for the erection or extension of a building outside Greater London or in an outer London borough, other than a building used or to be used wholly for one or more of the following purposes, that is to say— (a) as a residence or residences; (b) as a shop or shops; or (c) as an office or offices, are in accordance with building regulations deposited with the local authority and the plans show that it is proposed to construct a chimney, other than one serving a furnace, for carrying smoke, grit, dust or gases from the building. (2) The local authority shall reject the plans unless they are satisfied that the height of the chimney as shown on the plans will be sufficient to prevent, so far as practicable, the smoke, grit, dust or gases from becoming prejudicial to health or a nuisance having regard to— (a) the purpose of the chimney; (b) the position and descriptions of buildings near it; (c) the levels of the neighbouring ground; and (d) any other matters requiring consideration in the circumstances. (3) If a local authority reject plans under the authority of this section— (a) the notice given under section 16(6) of the Building Act 1984 shall specify that the plans have been so rejected; and (b) any person interested in the building may appeal to the Secretary of State. (4) On an appeal under subsection (3) the Secretary of State may confirm or cancel the rejection and, where he cancels the rejection, may, if he thinks it necessary, direct that the time for rejecting the plans otherwise than under the authority of this section shall be extended so as to run from the date on which his decision is notified to the local authority. (4A) In the application of this section to England and Wales— (a) any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for building control approval; (b) any reference to a local authority shall be read as in relation to England including a reference to the building safety regulator and in relation to Wales as a reference to the building control authority; (c) any reference to the rejection of plans shall be read as a reference to the rejection of an application for building control approval; (d) any reference to the notice given under section 16(6) of the Building Act 1984 shall be read as a reference to a notice of rejection of an application for building control approval given in accordance with building regulations, (4B) In subsection (4A)— “application for building control approval” means an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984); “building control authority” means the local authority as stated in section 121A of the Building Act 1984; “building safety regulator” means the regulator within the meaning of Part 2 of the Building Safety Act 2022. (5) In the application of this section to Scotland— (a) any reference to plans deposited in accordance with building regulations shall be read as a reference to the plans, specifications and other information submitted with an application for a building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8); (b) any reference to a local authority shall be read as a reference to a verifier within the meaning of that Act; (c) any reference to the rejection of plans shall be read as a reference to the refusal of a building warrant under section 9 of that Act; and subsections (3) and (4) shall be omitted.
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