Pollution control - air (bonfires)
Information and advice about holding a bonfire.
A code of practice for bonfires has been adopted by the council. It gives guidance on how residents can dispose of garden refuse without the need for burning, thereby reducing the risk of upsetting nearby residents and improving Air Quality.
Residents are advised by the Code of Practice to consider the use of Public Refuse Disposal Sites and Composting instead of holding Bonfires. If a Bonfire must be lit then it should be done within an hour of sunset to minimise inconvenience to neighbours.
Bonfires can be very irritating and upsetting to neighbours. The most usual problem is smoke, particularly when neighbours are using their gardens, have washing out or windows open. Annoyance can also be caused by charred debris, even from a bonfire, which is burning with relatively little smoke. Bonfires burning close to garden fences or hedges can cause concern about the spread of fire to neighbouring property.
You can reduce the risk of upsetting or causing concerns to your neighbour by following the advice below. It is not possible for this list to cover every eventuality and it is for guidance only.
Firstly, it is rarely (if ever) essential to have a bonfire. There are other ways to dispose of garden waste, which are "friendlier" for the environment and your neighbours.
DO compost as much garden waste as possible
DO take the remainder to a public waste disposal site, or
DO put it out with your domestic refuse for collection in the Council's green garden refuse sacks (available from the Council House, Area Housing Offices, Libraries and selected retailers throughout the Borough)
If you still wish to have bonfires, much ill-feeling can be avoided if you discuss the subject informally with your neighbours beforehand and try to conform to their wishes. If they are strongly against it, reconsider the alternatives before going ahead. It is not always practical to consult neighbours, in which case the following guidelines should help.
DO have as few bonfires as possible
DO try to tell your neighbours when you intend to light it
DO build it as far away from neighbours' property as possible
DO keep bonfires away from fences, hedges or other combustible materials which might catch fire accidentally
DO have plenty of water ready
DO attend the fire at all times
DO continually monitor whether the fire might cause annoyance and extinguish it if there is potential for nuisance.
DO NOT light a bonfire if a neighbour is using or is likely to use the garden
DO NOT light a bonfire if there is washing on a neighbour's line
DO NOT light a bonfire if neighbours' windows are left open
DO NOT light a bonfire if the weather is wet, windy or misty.
DO NOT burn wet material
DO NOT leave a fire smouldering
DO NOT burn household waste, plastics, rubber or any other material, which could cause dark smoke or harmful combustion products
DO NOT allow smoke to blow across a road
You may find that neighbours are less likely to be annoyed by a bonfire between lighting up time and 11pm. This is not always the case however, especially in warm weather when windows may be left open and people may be enjoying their gardens well after lighting up time. You should respect the wishes of your neighbours at all times. Contrary to popular belief, there is no exemption from the law of nuisance after lighting up time. Having a bonfire at these times may also have a bigger effect on air quality, generally.
If, in spite of following this advice, your bonfire still causes annoyance to a neighbour, please consider any representations they make to you. Your neighbour could ask this department to intervene, or could take legal action of their own.
NOTE: Compliance with this code does not grant immunity from prosecution, but may be taken into consideration.
Are you affected By Bonfires?
There are no specific bye-laws to prohibit bonfires, although they may be considered a Statutory Nuisance under the Environmental Protection Act 1990. A Statutory Nuisance occurs if the nature of the annoyance is such that it interferes unreasonably with the ordinary use or enjoyment of another person's property, taking into account the frequency, duration and intensity of the annoyance. If you are bothered by smoke from a neighbour's bonfire, it is usually best to approach your neighbour and explain the problem politely. You may feel awkward, but they may not be aware of the problem they are causing and hopefully it will make them more considerate in future. If this fails, you can contact us. If we are asked to intervene we will respond as follows:
WE WILL seek an amicable solution to the problem
WE WILL ask you to keep records of the times and dates of bonfires and the nature of annoyance they cause to you.
WE MAY make visits to the area to try and witness the bonfire for ourselves.
IF WE obtain evidence of bonfires causing annoyance we will notify the occupiers of the property causing the problem and discuss specific measures to avoid a recurrence. We would consider, amongst other things, the degree of interference caused, the duration, the frequency and how practicable it would be to avoid it.
WE WILL NOT reveal your identity without your permission. Neighbours will usually try to guess who complained, and will sometimes guess right, but we will never confirm or deny their speculation.
IF the degree of annoyance is sufficient to amount to a Statutory Nuisance as defined in law, we will serve an Abatement Notice on those responsible. This is an instruction not to repeat the Statutory Nuisance.
YOUR neighbour could appeal against the notice to a Magistrate's Court.
IF the Statutory Nuisance should occur after the service of this Abatement Notice an offence is committed which could be referred to a Magistrates court and if found guilty could result in a fine being imposed.
IF the case should go to court, we may have to reveal your identity, but we would discuss this with you before taking enforcement action so that you could make a decision about what you wanted to do.
SAFETY NOTE: Never use petrol, solvents or other spirits to light a bonfire and never try to burn aerosol cans or other pressurised containers.