Garden Bonfires
The Law
There is no law against having a bonfire (or barbecue) and
occasional ones, when used sensitively, shouldn't cause any
problems.
If a particular neighbour has recurrent bonfires that
interfere substantially with your well being, comfort or enjoyment
of your property, they could be causing a statutory nuisance.
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".
If bothered by smoke on a regular basis, speak to your
neighbour and explain the problem. They may not be aware they are
causing you distress. If this does not work, contact the Council's
Environmental Protection section. They must investigate your
complaint and can issue a nuisance abatement notice under the EPA.
The Act also allows you to take private action in the magistrate's
court.
If a company is burning industrial/commercial waste and the
bonfire is emitting black smoke, it is dealt with by the Council
under the Clean Air Act 1993.
If someone has a bonfire and allows smoke to drift across a
road thereby endangering traffic, they could face a fine under the
Highways Act 1980.
Contact North Yorkshire Police on 0845 60 60
247
Alternatives
Why not consider composting or recycling?
Guidelines
If you are having a bonfire follow these guidelines to reduce
the chances of annoying your neighbours and causing a
nuisance:
- Be courteous. Warn your neighbours first
- Don't have regular bonfires
- Only burn dry material
- Never burn household rubbish, rubber tyres, or anything
containing plastic, foam or paint
- Never use old engine oil, meths or petrol to light the fire or
encourage it
- Avoid lighting a fire 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.
- If you are having a bonfire party or barbecue, remember they
can produce noise as well as smoke
November 5th
Guy Fawkes' night is a part of our cultural heritage and there
is nothing wrong with having a bonfire party. However, follow the
above guidance to reduce the chances of annoying your neighbours
and causing a nuisance. Alternatively, why not go to an organised
public event.
Safety
Fire can spread to fences or buildings and cans are a hazard
when rubbish is burned. Piles of garden waste are often used as a
refuge by animals, so look out for hibernating wildlife and
sleeping pets. Never leave fires unattended.
For further information please contact:
Environment Services
Friars Wynd
Richmond
North Yorkshire
DL10 4RT
Tel: 01748 829100
Fax: 01748 826186
Feedback: To comment on this service or request the services
it describes complete our
service request and comment form.