Bonfires

Bonfires

Every year we receive a large number of complaints about bonfires causing a repeated nuisance. Such nuisances need never arise if due consideration is shown to our neighbours. This guidance explains the law and gives some suggestions to help prevent a nuisance being caused. Please remember that bonfire smoke can be very irritating and even harmful, particularly to people with chest or heart problems.

The Environmental Protection Act 1990 allows the Local Authority to take offenders to court should their bonfires cause a nuisance to neighbours (i.e. have an unreasonable effect on their enjoyment of their home or garden). We may be prepared to take action on your behalf; if not, you may apply directly to the Local Magistrate’s Court for a Nuisance Order, see "Taking Your Own Action". Your Local Citizen’s Advice Bureau will also be able to advise you about this. In either case, it will be helpful if you start to keep a record, including dates and times, of the nuisance caused and its effect on you, with the support of witnesses, if possible.

Also any bonfire on trade premises which causes dark smoke is an offence regardless of whether anybody else is affected (section 2, Clean Air Act 1993). The fines could be up to £20,000 for each offence. It is helpful if the bonfire is frequent if you can keep a diary of events to assist officers investigating the matter.

Anyone lighting a fire and allowing smoke to drift across a road faces a fine of up to £2000 under the Highways (Amendment) Act 1986. Contact Devon County Councils Highways section in this instance.

Currently there are no bylaws in East Devon either to allow or to prohibit burning.

How To Prevent A Smoke Nuisance

COMPOSTING is a much better alternative to burning. A properly built compost heap will deal with most garden waste, leaves, grass cuttings, kitchen scraps, even paper and cardboard. Instead of causing pollution, you can save money by producing your own compost which is an excellent fertiliser and soil conditioner.

As for woody cuttings, these may be taken to any of the County Council’s Civic Amenity Compounds at the appropriate times (normally at weekends).

Do’s and don’t’s

If you decide though to have a bonfire, please:-

ensure that only dry material is burnt, quickly and in small quantities so the minimum amount of smoke is created. An incinerator makes this much easier.
choose your bonfire site carefully, well away from trees, fences and windows. Beware of attempting bonfires on very windy days as it can easily get out of control. Have a hose-pipe and buckets of water handy just in case.
advise your nearest neighbours before you light a bonfire so they can be prepared for any minor inconvenience that may arise.

DO NOT

burn damp grass clippings or ‘green’ material as this creates thick smoke
burn any oily rags, rubber, plastics, damp garden waste or other materials which would inevitably create heavy smoke or toxic fumes. Never add household rubbish or use sump oil to set it alight.
light a fire when weather conditions will cause problems. Smoke hangs in the air on damp, windless days and in the evening around sunset.
light a bonfire when your neighbours have washing drying, or are out enjoying their gardens or have windows wide open.
light bonfires one hour before dusk, or leave them burning overnight. Choose the time of day and weather conditions that will cause the least inconvenience to neighbours.
leave your fire to smoulder for long periods. Never leave a fire unattended. Hose it down until cold before you leave it or smother it with soil.

The ashes, when cold, can be raked into the soil as a useful fertiliser. Small pieces of charcoal can be included, but larger pieces should be picked out first.

Making a complaint

First speak to the owner of the bonfire. The direct approach may be embarrassing, but if you can explain the problem that it is causing, they may be more considerate in future. If this fails, you can contact us using the above contact details.

Do you enjoy your garden?

Don’t stop your neighbours enjoying theirs by lighting a bonfire carelessly.

Please download the leaflet (199KB - 22 August 2011 - PDF Help)