Dealing with Bonfires
Bonfires and the law
It is a common misconception that there are laws disallowing garden bonfires or giving times they can be lit ,but there aren't. However, where a neighbour is causing a problem by burning rubbish the law is on your side. Under the Environmental Protection Act (EPA) 1990, a statutory nuisance includes 'smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance'. In practice, to be considered a statutory nuisance, a bonfire would have to be a persistent problem, interfering a great deal with your wellbeing, comfort and enjoyment of your property. If a bonfire of industrial or commercial waste is giving off black smoke it is dealt with under the Clean Air Act 1993.
Burning garden waste produces smoke, especially if the waste is damp and allowed to smoulder. Burning plastic, rubber or painted materials causes an unpleasant smell and also produces a range of poisonous substances.
Smoke from bonfires can cause health problems for asthmatics, bronchitis sufferers, people with heart conditions and children.
Action you can take to help
- Speak to your neighbour politely,they may not know they are causing a problem.
- Keep a written record of dates and times when the bonfire is alight and how it affects you.
- Always keep a record of all conversations and letters.
- Contact us if the bonfires continue.
What you can do if you have to burn rubbish
- Only burn dry material.
- Never burn household rubbish, rubber tyres, mattresses or anything containing plastic, foam or paint.
- Never use old engine oil, methylated spirits or petrol to light a fire or encourage it.
- Do not light a fire on damp, still days because the smoke will hang in the air.
- Do not light fires at the weekend or on bank holidays when people want to enjoy their gardens.
- Be careful if it is windy, because smoke may be blown into neighbours gardens and across roads.
- Never leave a fire unattended or leave it to smoulder. Pour water on it if necessary to put it out.
If a bonfire is the most practical way to get rid of dry garden waste, warn your neighbours in advance as they can make alternative arrangements and will be less likely to complain.
We're here to help
By law we must investigate all the complaints we receive. If a statutory nuisance is witnessed, we can serve an abatement notice. If the person does not follow the notice, they could go to court.
When assessing whether a statutory nuisance exists, we will look at:
- The type and amount of smoke produced.
- The time of day or night it happens.
- How long the fire is alight.
- How often it happens.
If the fire is only occasional, we are unlikely to consider it a nuisance.
We will also:
- Offer advice on what to do to deal with your problem.
- Keep your details confidential.
- Write to the person causing the problem.
- Write to you and ask you to keep a diary of the problem.
- Consider legal action against those people who continue to be unreasonable.
Recycling
You can turn garden waste into compost in your own garden, or we can take it away to be composted. You can obtain more information on home composting at http://www.recyclenow.com/compost . We will collect garden waste every two weeks, free of charge, using the green lidded bin or reusable waste-sack scheme.
You can also get rid of garden waste and household waste at the recycling centres in Westbrook Lane, Herne Bay and Vauxhall Road, Canterbury.
For more information on recycling, please call 01227 862211
Contacting us
Our office is open between 8.30am and 5pm, Monday to Friday. If you need help or advice relating to bonfires, you can contact us in one of the following ways.
By phone: 01227 862 202
By e-mail: pollution@canterbury.gov.uk
By completing an online complaint form.
In person or in writing at:
Environmental Protection Section
Canterbury City Council
Military Road
Canterbury
CT1 1YW.
