Smoke control

The burning of rubbish on demolition sites has been held by the Divisional Court to fall clearly within the smoke control provisions of section 1 of the Clean Air Act 1968.

Sheffield City Council v A D H Demolition Ltd (The Times, 18 June 1983), which appears to be the first reported case concerning the scope of these controls, concerned a site where rubbish from five demolished houses had been burnt. According to the evidence of the local Environmental Health Officer, the smoke emitted was "dark" within the meaning of the legislation - as dark or darker than Shade 2 on the Ringelmann Chart.

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