Dealing With Bonfires and Other Smoke Nuisances
Smoke Nuisances and the Law
Whilst it is not against the law to have a bonfire to dispose of garden waste and there are no set times when bonfires are allowed, residents should be aware that:
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The council can take legal action if the smoke causes what is described as a ‘statutory nuisance’, taking into account how dense the smoke is, how long the fire lasts and how often it happens.
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It is an offence to dispose of household waste by burning if it causes pollution of the environment and or harm to human health.
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Creating ‘dark smoke’ by burning waste on trade premises is an offence, under the Clean Air Act 1993.
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If we take action against you, you could be liable for an unlimited fine.
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In many cases the burning of waste that has been produced by a business is now outlawed by waste management laws. If you are concerned that a business site is disposing of its waste by burning it, even if it is not causing you a nuisance or creating black smoke then the Environment Agency will still need to know. There are some crucial exceptions to this including Burning of wood or other vegetation on a site being demolished; Agricultural waste, such as stable waste or straw and burning of wood or other vegetation on certain prescribed sites such as: sports grounds; forests & woodlands; railway land.
Companies wishing to burn the above must have an exemption certificate issued by the Environment Agency. To report commercial waste burning, you can contact the Environmental Agency team on 0800 807060
Alternatives to Burning Garden Waste
Garden waste can be disposed of in various ways:
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For the wheelie bin subscription, we offer a 12-month subscription. You can find out more on our garden waste pages. There are sack collections.
Taking Your Own Action
When a formal approach by the Council fails to resolve the problem, and the smoke nuisances continue but we cannot get the evidence necessary for formal action, residents are advised to consider:
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Taking action themselves under Section 82 of the Environmental Protection Act. This involves keeping a record of events and making a complaint to the Magistrates Court.
How We Deal With Complaints and What You Can Expect From Us
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Before the Council can consider formal action in relation to bonfires or other smoke nuisances we must have appropriate evidence.
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Should the council witness the smoke and consider it has an unreasonable effect on neighbours, we will serve an ‘abatement notice’ on the person responsible, this notice will prohibit a recurrence of the nuisance.
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Failure to comply with it is an offence for which the Council can issue a fixed penalty notice or prosecute.
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We Respond to all smoke nuisances complaints within 2 working days, and to urgent complaints such as smoke which affects a wide area as soon as possible.
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We will keep you informed about our investigation.