Clean Air Act - Question

From: Your Legal Supervisor

To: You (Trainee Solicitor)

Hundreds of residents of Smokey North, a town in Yorkshire, are concerned that too many houses in the area are burning coal as their primary source of heating. In particular, they contend that this is producing a significant volume of harmful smoke, which is causing respiratory issues in a large number of local children under the age of 12. The group is supported by a number of local paediatricians, who agree with the residents' concerns.

The residents previously approached the local council, demanding that it act to prevent the burning of coal in residential homes. However, the council has taken no action to date. The residents understand that the council is reluctant to act because:

  • The council does not want to risk being perceived as turning its back on local culture, given the historical ties of Yorkshire to coal mining; and
  • The council fears a backlash resulting from the increased cost of heating throughout the town that would ensue if coal burning is prohibited.

Hugo, the head of the residents' group, has now instructed us to advise the group on what its options are under sections 18 and 19 of the Clean Air Act 1993 (included below), and what potential next steps might look like. Can you please have a first go at this letter of advice to the client?

Many thanks

Your Supervisor

(45 minutes, max 550 words)