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Bonfires and Bonfire Nuisance

There are no specific laws which prohibit bonfires or limit the times that someone can have a bonfire. However, if the smoke (or ash etc.) affects your property and stops you doing something, for example gardening or hanging out washing, then we may be able to help.

If you are a private householder, please contact Environmental Health on 01438 242908 for advice.

We may ask you to keep a record of occurrences to enable us to decide whether we should investigate further.

Precautions to take if you are having a bonfire

Alternatives to burning

There is no need to burn waste because:

Legal action against bonfires

Action can be taken under The Environmental Protection Act 1990 if they cause a nuisance to others.  An owner, occupier or person responsible for the nuisance can be served with a smoke abatement notice preventing further nuisance. Contravention of a notice is an offence.

Individuals can take their own legal action under section 82 of the Environmental Protection Act 1990.  For this to succeed you will have to prove your case in Court and may wish to instruct a Solicitor.

If the smoke from a bonfire is blowing across a highway, the Police can take action under the Highways Act.

The Clean Air Act 1993 make emissions of dark or black smoke from the burning of trade waste an offence for which the Council can take legal proceedings.

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Environment