Bonfires
Every year Ealing Council receives a number of complaints about bonfires causing a nuisance. Many of these complaints could be avoided if some simple steps are first taken and consideration shown to neighbours. Smoke from bonfires causes severe distress to sufferers from respiratory and certain other diseases, and may give rise to serious nuisance to those who wish to rest or to dry laundry in their gardens. It also tends to nullify the beneficial effects obtained by the reduction of domestic smoke resulting from the operation of smoke control orders.
What the law says about bonfires
Bonfires are not specifically prohibited by the
Environmental Protection Act, even in Smoke Control areas,
but Section 79 of the Act provides that such smoke shall, if it is
prejudicial to health or a nuisance to the inhabitants of the
neighbourhood, be deemed to be a statutory nuisance for the
purposes of the Act. Offenders may be liable on summary conviction
to a fine not exceeding £5,000 (£20,000 for industrial, trade or
business premises).
The Environmental Protection Act 1990 allows local councils to take offenders to court should their bonfires cause a nuisance to neighbours such as have an unreasonable effect on their enjoyment of their home or garden. It also allows the council to take action if a bonfire on trade premises causes dark smoke. This is an offence, regardless of whether anybody else is affected, under section two of the Clean Air Act 1993, and to fine up to £20,000 for each offence. Anyone complaining to the council will likely be asked to keep a diary of events to assist officers investigating the matter.
Occupiers of premises, both in smoke control areas and elsewhere are urged to observe the following simple conditions, before lighting fires in the open:
- never light a bonfire unless you are satisfied that weather conditions and wind directions are such that any smoke or ash will be carried away from your neighbours' windows and gardens. Make sure that there is no laundry drying in any adjoining gardens
- only burn natural and untreated material which is dry enough to be burned quickly and with a minimum of smoke
- soft vegetable waste and grass cuttings etc which are difficult to dry, should be composted or buried.
- do not burn oily rags, rubber and other materials likely to produce heavy or pungent smoke
- do not leave your fire to smoulder for long periods and never leave it unattended. Hose it down until the bonfire is ‘cold’ before you leave it
- advise neighbours before you light a bonfire
- burn material quickly in small quantities so that a minimum amount of smoke is created
- choose your bonfire site carefully, well away from trees, fences and windows. Beware of attempting bonfires on very windy days as they can easily get out of control. Have a hosepipe or buckets of water handy, just in case
- rake the ashes when cold into the soil as a useful fertiliser. Small pieces of charcoal can be included, but larger pieces should be picked out first
If, in spite of taking the above precautions, your bonfire smoulders, put it out and wait for the material to dry before starting another bonfire. Generally speaking, 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 complaint, and are those which might be dealt with as nuisances in accordance with Section 80 of the Environmental Protection Act.
Dark smoke (as defined by law) emitted from 'bonfires' on commercial premises (including construction and demolition sites) is prohibited, with a penalty of up to £20,000.
Leaflets
A leaflet about
bonfires is available in pdf format.