The Clean Air Act, 1993, introduced a range regulations such as those to control smoke emissions, the height of chimneys and those relating to the content and composition of motor fuels.

Under section 14 of the Act, the height of the chimney has to be approved by the Local Authority.  The Local Authority can attach conditions to the approval. Without the approval, 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

An application for chimney height approval must contain adequate information to enable the necessary calculations to be carried out (application form below).

An application for approval for chimney height must be considered within 28 days of receipt, unless it is agreed in writing between the Council and the applicant that a longer period is allowed.

Planning permission will also usually be required for a chimney and associated plant because of visual impact.