Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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683. To ask the Minister for Communications, Energy and Natural Resources the advice he would give to a person who is subjected to constant smoke in their garden and through their windows from a neighbouring chimney on a single storey extension, in view of the fact that a planning inspector has confirmed that it is not contravening any planning laws yet is causing great nuisance; and if he will make a statement on the matter. [4346/17]

Denis Naughten (Roscommon-Galway, Independent)
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I am aware that an increase in the use of stoves for home heating can be a cause of increased air pollution, particularly where such stoves replace cleaner, less air polluting fuels such gas. Any increase in air pollution is a concern given its public health impacts. The Air Pollution Act 1987 includes a specific obligation to prevent air pollution. Section 24 requires that ‘[t]he occupier of any premises shall not cause or permit an emission from such premises in such a quantity, or in such a manner, as to be a nuisance’. Section 26 of the same Act gives the Local Authority powers to serve a notice on the occupier of any premises in order to prevent or to limit air pollution from that premises. It is a matter for the Local Authority to exercise its judgement in any individual case as to whether a nuisance is being caused, and if so, what abatement action is required.