It is a common misconception that there are specific byelaws to prohibit bonfires, or to limit the time of day when they can take place - there aren't. An outright ban would be difficult to enforce, and occasionally a bonfire is the best practicable way to dispose of garden waste. If used sensitively, the occasional bonfire (or barbecue) should not cause a major problem.
However, if a neighbour is causing a problem by burning rubbish, there is a legal process to prevent the nuisance. Local authorities can issue an Abatement Notice under the Environmental Protection Act 1990 if they consider bonfires are causing a Statutory Nuisance to neighbouring properties. This notice would prohibit the burning of waste, and any contravention could result in a fine of up to £5,000 (£20,000 for commercial operations).
To be considered a nuisance, a bonfire would have to be a persistent problem, interfering substantially with your wellbeing, comfort or enjoyment of your property.
Lighting bonfires
If you must have a bonfire, follow these guidelines to avoid causing a nuisance:
• Only burn dry material.
• Never burn household rubbish, rubber tyres, or anything containing plastic, foam or paint.
• Never use old engine oil, methylated spirits or petrol to light the fire or encourage it.
• Don’t light a bonfire in unsuitable weather conditions. Smoke hangs in the air on damp, still days and in the evening. If it is windy, smoke may be blown into neighbours’ gardens and across roads.
• Don’t light a bonfire when air pollution in your area is high. This information is included in weather forecasts, you can check by phoning 0800 556677 or by logging onto www.airquality.co.uk.
• Avoid burning when neighbours have windows open or washing hanging out
• Never leave a fire unattended or smouldering. Douse it with water, if necessary, to ensure it is out.
• Avoid burning at weekends and on bank holidays when people want to enjoy their gardens.
What to do if you are suffering due to a neighbour’s bonfire
Explain the problem calmly to your neighbour. You might feel awkward or angry at the time, but they may not be aware of the distress they are causing. Hopefully chatting to them about it will make them more considerate in the future.
If this fails, contact the Environmental Protection Team on 01256 844844 and an officer will investigate your complaint. They can issue an Abatement Notice if regular burning is taking place and a statutory nuisance can be proved. If the fire is only occasional, it is unlikely to be considered a nuisance in law. Similarly, if you are being troubled by occasional bonfires from different neighbours, nuisance action would be difficult. Encourage them to consider the alternatives, and give them a copy of this leaflet.
Private action
You may wish to take independent action by complaining directly to the Magistrates’ Court under Section 82 of the Environmental Protection Act 1990. This is easy, inexpensive and you do not have to employ a solicitor.
Highways Act 1980
Under the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic. In this case contact the police on 0845 045 45 45.
