Notice Board

Monday, 1 October 2018

Garden Bonfires - The Rules

There are no laws against having a bonfire or the times they can be lit, but there are laws for the nuisance they can cause.

An occasional bonfire is unlikely to cause a major problem, even though it may be annoying to neighbours. Councils have a duty to act and take enforcement action if the problem is shown to be a statutory nuisance. There has to be evidence that the bonfires are frequent or interfere with your wellbeing, comfort or enjoyment of your property.

Burning domestic waste

You cannot get rid of household waste if it will cause pollution or harm people’s health. This includes burning it. You can get rid of household or garden waste by composting or recycling it.

You could be fined if you light a fire and allow the smoke to drift across the road and become a danger to traffic.

Your council can issue an ‘abatement notice’ if a neighbour’s bonfire is causing a nuisance. A bonfire must happen frequently to be considered a nuisance. Your neighbour can be fined up to £5,000 if they don’t follow the rules of the notice.

Bonfire advice

If a bonfire is the most practical and environmentally friendly way to dispose of garden waste then warn your neighbours - they are much less likely to complain.

If you have a bonfire follow these guidelines:

• Consider alternatives to having a bonfire. Garden waste can be taken to your nearest household tip or order a brown bin. Large items of furniture can be removed by your council's bulky item collection service.

• Where possible, alert your neighbours in advance that you intend to light a bonfire.

• Only burn dry material (creates less smoke).

• Never burn household rubbish, rubber, plastic, foam or paint.

• Never use engine oil, methylated spirits or petrol to light the fire or encourage it.

• Avoid lighting bonfires at the weekend or bank holidays when neighbours may be enjoying their garden.

• 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 neighbour’s gardens and across roads.

• Avoid burning when air pollution in your area is high or very high.

• Check unlit bonfires carefully for hedgehogs as they provide an ideal refuge for hibernation.

• Remember that bonfire and barbecue parties can cause noise as well as smoke.

Reporting a problem

What you can do if you are bothered by persistent bonfire smoke:

• Approach your neighbour if you feel you are able to, in order to make them aware of your concerns.

• If the problem persists, speak to other neighbours who may also be affected and get them to support your complaint if possible.

• Report the bonfire problem to your local council and keep detailed and accurate records of their frequency or materials burnt. Council's can help you gather evidence to establish whether a statutory nuisance is being caused.

• The council will try to resolve the complaint as quickly as possible. In most instances, the issues can be settled once they advise the person responsible that a complaint has been made. However be prepared if necessary to make a formal statement and attend court.

Report a nuisance bonfire to Swale Borough Council at the link here >> Report a Bonfire...

Report a nuisance bonfire to Medway Council at the link here >> Report a Bonfire...

To report fire or burning that is out of control phone 999

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