Smoke nuisance
Bonfires
The burning of garden waste can be both unpleasant and a risk to health; bonfires are illegal if they cause a nuisance to others.
Nuisance from smoke emanating from premises is an offence under the Environmental Protection Act 1990. If the Public Health Team is to take action against offenders we must be satisfied of a nuisance in law. For example, the bonfire must significantly interfere with the enjoyment of your garden or house. This may occur if you regularly need to close doors and windows or are regularly prevented from spending time in the garden.
Harmful to health
Smoke can contain carbon monoxide as well as other noxious, irritating and carcinogenic compounds.
Burning of trade waste
It is a strict liability offence to emit dark or black smoke from industrial or trade premises under section 2 of the Clean Air Act 1993. It is also an offence under section 1 of the Act to to emit dark or black smoke from a chimney on any industrial or trade premises. However certain tolerances are provided which permits limited amounts of such emissions – for example during the start of a boiler from cold.
It is also an absolute offence under section 33 of the Act to burn the coating off in cable in order to recover the metal core
Reporting offenders
If you are suffering a problem with smoke nuisance you should first consider approaching your neighbour and politely tell him how the bonfire/waste burning is affecting you.
If the problem continues then you can report the matter to the Public Health Team.
Anonymous complaints will not normally be dealt with.
To find out alternative ways of disposing of your waste visit the rubbish, waste and recycling| area of the website.
Advice when having a bonfire
Further advice regarding bonfires can be found in the Environmental Protection UK leaflet Garden Bonfires|.