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5 Responses to “Smelly bonfires”

1. 1
   Cllr Steve Tierney says:

   February 18, 2012 at 5:17 pm

   Hello!

   I’m your county councillor. Sorry I’ve taken a couple of days to respond – I’ve been on holiday!

   I’m not an expert in the law so this is just what I’ve managed to pick up doing some research on the issue for you. Also, this is a District Council issue so not technically within my remit, but you have three excellent District Councillors (Cllr Michael Humphreys, Cllr Chris Seaton and Cllr Phil Hatton) any of whom will be able to help you if you need it.

   There is no specific law against having a household bonfire, but there are acts which can be used to deal with the nuisance caused by regular or problem bonfires.

   For instance, it is illegal to burn domestic waste in a way that might pollute the environment or cause harm to others. So burning plastic, polystyrene, rubber or similar materials that give off poisonous fumes is an offense.

   It is illegal to create a bonfire whose smoke will drift across a public highway and obscure the vision of road-users.

   From your description though it sounds like the bonfires you are unhappy about are burning garden waste, which is not illegal (in moderation.)

   Government advice is as follows:-
   “If your neighbour has a bonfire and it affects you, speak to them and explain the problem. They may not be aware of the distress they are causing – and may have not thought about other ways to dispose of the waste, like composting.”

   If speaking to your neighbour fails, contact your local council’s environmental health department. In most cases, officers from the council will try to deal with the problem informally. (Or contact your councillor, who will do this for you.)

   If this does not work (or for some reason you don’t feel you CAN do this) then your local council CAN act, if the bonfires are regular and problematic enough to be considered a nuisance.

   To be considered a nuisance, bonfires need to be a regular occurrence and seriously interfere with your well-being. If the bonfire is only occasional, eg a couple of times a year, it’s unlikely to be considered a nuisance in law.

   If the council considers a bonfire to be a nuisance, it can issue an ‘abatement notice’. This notice may mean your neighbour must stop having bonfires completely. If they do not stick to the notice (‘comply’) they face a fine of up to £5000 and a further £500 for each day they don’t comply.

   Fenland District Council cover this here-
   http://www.fenland.gov.uk/article/2531/Pollution—Air

   If you wish to make a complaint about smoke nuisance from commercial or domestic bonfires please contact us by,
   phone: 01354 654321
   e-mail: environmentalservicesrequests@fenland.gov.uk
2. 2
   Rachel Collins says:

   February 18, 2012 at 8:39 pm

   Hi, thanks for the message, I will now start to monitor how often these fires are burning, there was one Thur 16th @ 16.0 hrs, yet another today @ 15.30 hrs. I am unsure but both these properties have horses, is it burning the spent straw # is this product classed as a household item. The smell is vile !!!
3. 3
   Fenland District Council says:

   March 1, 2012 at 4:41 pm

   Thank you for your enquiry. There are no by-laws in Fenland regarding bonfires. As Cllr Tierney details there is no specific laws against having a domestic bonfire, but it is an offence to cause a Statutory Nuisance.

   If you would like us to investigate the problem bonfires please contact us via phone: 01354 654321 or e-mail: environmentalservicesrequests@fenland.gov.uk

   We will need the addresses of where the fires are taking place and we will ask you to keep a log of when the fires are happening and how they are affecting you.
4. 4
   Shirley Butler says:

   March 6, 2012 at 12:03 pm

   Like Rachel I was having a problem with bonfires and still am. I wrote to you on 29th June, 2011 (page 6 in back issues). I think it is time all garden bonfires were banned. There is no need for it with all the alternatives available. Farmers (who we rely on for food) are banned from having fires so is it too much to ask the general public to dispose of their waste in a brown bin or at the waste disposal site?
5. 5
   Cllr Steve Tierney says:

   March 7, 2012 at 6:32 pm

   @Shirley

   The council doesn’t have the power to “ban” bonfires, even if it wanted to. Your suggestion would be best directed at Steve Barclay MP to take up in the House of Commons.

   I must say, though, that I wouldn’t support it. It’s one thing to take action when somebody is making a nuisance of themself. Quite another to start banning harmless free action on private land.

   How much the government should intervene in people’s lives, on what basis and with what measures is always an interesting debate. My own (personal, only) position is for less intervention, not more.

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