Section 10 Height of chimneys.C1

England, Wales and Scotland

(1)

Where plans for the erection or extension of a building outside F1Greater 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 as a residence or residences, a shop or shops or an office or offices, are in accordance with building F2regulations deposited with the local authority and the plans show that it is proposed to construct a chimney for carrying smoke, grit, dust or gases from the building, 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 description of buildings near thereto;

(c)

the levels of the neighbouring ground; and

(d)

any other matters requiring consideration in the circumstances.

(2)

If a local authority reject plans under the authority of this section, the notice given under F3subsection (2) of section sixty-four of the M1public Health Act 1936section 16(6) of the Building Act 1984, shall specify that the plans have been so rejected.

(3)

Where plans are rejected under the authority of this section, any person interested in the building may appeal to the Minister and the Minister 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.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F5(5)

In the application of subsection (1) above to Scotland—

(a)

any reference to plans deposited in accordance with building regulations shall be construed as a reference to the plans, specifications and other information submitted with an application for a warrant under section 6 of the M2Building (Scotland) Act 1959;

(b)

any reference to a local authority shall be construed as a reference to a F6local authority within the meaning of the said Act of 1959;

(c)

any reference to the rejection of plans shall be construed as a reference to the refusal of such a warrant as aforesaid; and subsections (2) and (3) shall be omitted.

Annotations

Textual amendments

F1: Words substituted by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 31
F2: Word substituted by Public Health Act 1961 (c. 64), Sch. 1 Pt. III
F3: Words “section 16(6) of the Building Act 1984” substituted (E.W.) for words “subsection (2) of section 64 of the Public Health Act 1936” by Building Act 1984 (c. 55, SIF 15), s. 1(6), Sch. 6 para. 5
F4: S. 10(4) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18
F5: S. 10(5) substituted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. II para. 5
F6: Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 28

Marginal citations

M1: 1936 c. 49.
M2: 1959 c. 24.

Modifications

C1: S. 10 repealed as respects any chimney serving a furnace by Clean Air Act 1968 (c. 62), Sch. 2; excluded by ibid., s. 11(1); amended by Radioactive Substances Act 1960 (c. 34), s. 9, Sch. 1 para. 8

Notes on the whole Act

Textual amendments

F1: Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6.