Birmingham to include moored boats in Smoke Control Order but enforcement will be deferred

Birmingham City Council has decided to include moored boats in its new Smoke Control Order. However, due to the fact that the vast majority of respondents objected to the Order being extended to moored boats, no enforcement against boat dwellers will take place until the Council has developed a Moored Vessels Enforcement Policy. The Council stated on 25th September 2025 that it will: “engage further with those affected and to provide education on the Smoke Control Order” and will “defer any enforcement of the Smoke Control Order rules against the occupiers of narrowboats until such time as a Moored Vessels Enforcement Policy is in place. The Policy will take into account the specific circumstances of the boating community, both on permanent and temporary moorings including itinerant boat users. This will be developed in conjunction with the affected parties and representative bodies to ensure the Policy which is implemented is proportionate and equitable”. The NBTA is taking part in these discussions.

Birmingham City Council responded to the NBTA’s objection to including moored boats in the new Smoke Control Order as follows:

To the Chair (National Bargee Travellers Association)

We acknowledge your objection to the Birmingham Smoke Control Order 2025. Your concerns
have been given due consideration. However we have decided to proceed to make the Smoke
Control Order so that it comes into effect as of 23rd March 2026. In doing so we would like to make
it clear that while the Smoke Control Order imposes restrictions of the type of fuels that can be
used it does not propose an outright ban on the use of solid fuel stoves anywhere in Birmingham.
Further consideration of the representations by yourselves can be found in the attached.

To mitigate the effect on the boating community the following are proposed.

To engage further with those affected and to provide education on the Smoke Control Order
To defer any enforcement of the Smoke Control Order rules against the occupiers of
narrowboats until such time as a Moored Vessels Enforcement Policy is in place. The Policy
will take into account the specific circumstances of the boating community, both on
permanent and temporary moorings including itinerant boat users. This will be developed in
conjunction with the affected parties and representative bodies to ensure the Policy which is
implemented is proportionate and equitable.

We consider the implementation of the Smoke Control Order to be beneficial to the wellbeing of
Birmingham citizens. The burning of inappropriate solid fuel for the appliance in question will result
in the release of various air pollutants such as nitrogen dioxide, fine particulate matter, polycyclic
aromatic hydrocarbons, all of which carry health risks, including to stove users themselves. This is
a major rationale for smoke control areas. Whilst the contribution of nitrogen dioxide and particulate
emissions arising from solid fuel burning on narrowboats and other moored vessels is unlikely to be
significant to overall pollution levels it will nevertheless be contributory. It is important to ensure all
appropriate action is taken to regulate pollutant emissions so as to achieve the Council’s ambition
of improving air quality across all neighbourhoods to benefit public health.

Given your interest in this matter we will contact you again soon to seek the views of your
organisation with regards to the proposed Moored Vessels Enforcement Policy. In the meantime if
you have any further comments or questions please get in touch.

Yours sincerely

Paul Burns
Environmental Protection Officer
Environmental Health l Regulation & Enforcement Division l City Operations Directorate
Environmental Health, Ashted Lock, PO Box 16977, Birmingham, B2 2AE
Office Site: Environmental Protection, 1-3 Ashted Lock Way, Birmingham, B7 4AZ)
07766 924936
paul.burns@birmingham.gov.uk

You can read Birmingham City Council’s evaluation and detailed response to the NBTA and other objections here Appendix 2 – SCO Consultation Responses Evaluation