Smoke from Bonfires
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Contrary to popular belief, there are no bylaws regarding domestic bonfires, and there are no specific times of day that you can not have a bonfire.
The Council is still responsible for investigating smoke nuisance complaints that are causing people a problem. Smoke and odours from bonfires can upset neighbours and prevent them from enjoying their home and gardens, opening windows, hanging out washing and harmful to health.
The Law
A single bonfire is unlikely to be a statutory nuisance even through it may cause annoyance to one or more neighbours. For smoke to be classified as causing a nuisance there has to be evidence that smoke is frequently affecting a person’s enjoyment of their property.
Alternatives to Burning Waste
Instead of having a bonfire there are other more environmentally friendly ways of disposing of your waste:
- Shredding
Garden Bonfires
Under the Environmental Protection Act 1990 a 'statutory nuisance' includes smoke, fumes or gases emitted from a premises so as to be prejudicial to health or a nuisance. In practice this will mean that if the bonfire affects another property either from smoke, debris, ash or fumes coming into the building or garden then it could constitute a nuisance.
In determining a Statutory Nuisance the Pollution Team will have regard to:-
- the frequency the bonfires occur
- the extent of the impact on neighbouring premises, for example the intensity of the smoke and the smell
- the nature of the bonfire, including material burnt
- its location in relation to nearby premises
- weather conditions including wind direction, and
- the extent to which the use and enjoyment of neighbouring properties are affected
There are no specific times of the day when it is acceptable or not to have a bonfire. The Environmental Health Section does not recommend that anyone should have a bonfire, as there are safer and more environmentally friendly ways of disposing of garden refuse.
What is the problem having a bonfire?
Smoke from a bonfire contains numerous pollutants including carbon monoxide, dioxins, hydrocarbons and particles. The burning of plastics, painted products, rubber products etc will also generate a further range of poisonous compounds.
All of these pollutants can have a damaging effect on health, although serious harm is unlikely for short term exposure. Some of the most annoying factors from bonfires include the smoke affecting washing, coming into houses, not being able to enjoy your garden on a nice day, smoke reducing visibility on roads and the potential danger of the fire spreading to other areas.
What if I want to have a bonfire?
If you would still wish to have a bonfire then the following guidelines are provided to try and prevent a nuisance being cause:-
- Ensure that the material is dry.
- Speak to your neighbours before lighting to ensure they do not have any washing out or windows open.
- Do not burn any general household rubbish, plastics, rubber, painted wood or any foam etc.
- Ensure that the weather conditions are favourable. The wind will take the smoke away from other properties and try not to burn if the smoke is likely to hang around at ground level, such as damp, still days or in the evening.
- Do not allow the fire to continue to smoulder for a long period of time.
- Always be in attendance with the fire so that if the smoke etc. becomes a problem then it can be put out.
- Do not use anything to encourage the fire to start, such as oil, petrol, diesel etc.
- Ensure that smoke does not blow across the highway and cause visibility problems to road users
Bonfires on Industrial/Commercial Premises
There are slightly different rules in relation to bonfires from trade premises. In addition to the rules for Statutory Nuisance applying there is also the following:-
- The Clean Air Act 1993 prohibits dark or black smoke being emitted from a bonfire on trade or industrial premises. The provisions are absolute, subject to specific exceptions for prescribed materials.
Failure to comply with the provisions of the Clean Air Act 1993 can result, on conviction, of a fine of up to a maximum of £20,000.
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