Fact Sheet Bonfires Bonfires are normally used for disposing of garden waste or they are lit just for fun such as on Guy Fawkes night. However, bonfires have the potential to cause a nuisance to neighbours, pollute the environment and harm human health. Therefore, alternatives should be used whenever possible. What are some alternatives to having a bonfire? • Composting of garden waste is both sensible and useful. A compost bin will produce a useful soil conditioner which will then save money on commercial products. More information on composting is available from gardening organisations. • The Somerset Waste Partnership operate a garden waste collection service that residents can subscribe to for a fee. For more information on this go to www.somersetwaste.gov.uk or phone Taunton Deane Borough Council (TDBC) on 01823 356356. • There are 14 Recycling Centres in the Somerset area where garden waste can be disposed of free of charge. For more information on their location, opening times and the types of materials that are accepted go to http://www.somersetwaste.gov.uk/sites/ or phone TDBC on 01823 356356. What are the best practice guidelines I should follow when I light a bonfire? If you do decide that a bonfire is absolutely necessary, please consider the following key advice: • Only burn dry garden waste. • Never burn household refuse, plastics, rubber, painted materials, anything wet or commercial waste. • Warn your neighbours well in advance before lighting a bonfire and try to negotiate a time that would be most suitable. Well informed neighbours are much less likely to complain. • Ensure that smoke does not cause a nuisance or inconvenience to neighbours. Check the wind direction before lighting the fire. Smoke hangs in the air on damp, still days. • Keep your fire away from trees, fences and buildings. Have a hosepipe or buckets of water handy just in case it gets out of control. • Burn material quickly in small quantities so that a minimum amount of smoke is created. • Never use oil, petrol or methylated spirits to light a fire – you could harm yourself as well as the environment. • Never leave your fire to smoulder for long periods or leave it unattended. Hose it down until the bonfire is ‘cold’ before you leave it. Bonfires which smoulder away and smoke for long periods, especially when wind and weather conditions are unfavourable, are those most likely to give rise to complaints from neighbours. Page 1 of 2 When and where can I have a bonfire? There are no Byelaws relating to set times when bonfires can be lit. However, you should avoid having bonfires in the evening or at night when you will not be able to watch them safely or see where the smoke is drifting. Most bonfire problems are dealt with under nuisance legislation. The Environmental Protection Act 1990 states that a statutory nuisance can be “smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.” It is an offence for people to dispose of their domestic waste in a way likely to cause pollution of the environment or harm to human health. Offenders may be liable on summary conviction to a fine not exceeding £5,000 (£20,000 for industrial, trade or business premises). In practice you should not burn waste that is likely to create excessive smoke or noxious fumes. Dark smoke emitted from ‘bonfires’ on commercial premises (including construction and demolition sites) is prohibited under the Clean Air Act 1993, with a penalty of up to £20,000. It is also illegal to dispose of waste that is not from your property, for example, tradesmen must not burn waste from site at home. Southwest One Design & Print (TDBC) 12684/ST/3.2013 What about smoke from barbecues? Barbecues can also cause smoke and odour problems especially if lighter fuel is used. Again, be considerate. Warn your neighbours, and don’t light up if they have washing out. If it is windy make sure smoke won’t blow directly into neighbouring properties - and keep the noise down. What should I do if I am affected by smoke from a bonfire or barbecue? In many cases the person(s) causing the smoke nuisance may not even be aware of the disturbance that they may be causing. In the first instance, we recommend discussing the problem with them if you feel it is appropriate and safe to do so and try to come to a common understanding. You can make a formal complaint to the Environmental Protection Team. On making a complaint the team will need your contact details, details of the source of the problem and any other relevant information you may have. An investigation will then commence to determine if the smoke is persistant or severe enough to be causing a statutory nuisance. For further information on what is involved in this investigation please see the TDBC’s leaflet titled ‘The Laws & Rules surrounding Nuisance’. During an investigation your details cannot be revealed without your permission under the Data Protection Act. However, if the case reaches the stage of going to Court and a statement is required from you to support any action taken by the Council your details can no longer be kept confidential. If you require further information please contact: The Environmental Protection Team, Taunton Deane Borough Council, The Deane House, Belvedere Road, Taunton, TA1 1HE Tel: 01823 356339 Fax: 01823 351801 Email: [email protected] www.tauntondeane.gov.uk If you would like this document translated into other languages or in Braille, large print, audio tape, or CD please telephone us on 01823 356339 or email us at: [email protected] 01823 356339 [email protected] 01823 356339 [email protected] 01823 356339 [email protected] 01823 356339 [email protected] 01823 356339 [email protected] Page 2 of 2
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