Smoke Nuisance
Under Part 2 of the Environmental Protection Act 1990, it will be illegal to burn most types of waste.
Some wastes can be burnt in certain circumstances such as a domestic bonfire burning only dry plant waste.
It is a criminal offence to burn household waste which will cause pollution or possible harm to health, any waste generated as a result of commercial activity, any waste from building or demolition works, or any waste that will cause dark or black smoke.
Bonfires
Bonfires can cause annoyance and be a nuisance to surrounding premises, not least because:
- smoke can make asthma, bronchitis or other respiratory conditions worse
- smoke can make visibility for drivers on nearby roads - Please contact the police if the smoke is drifting across a road and endangering traffic
- because fire can spread to nearby fences or buildings
- because piles of garden waste are often used by animals for shelter
We all need fresh air. We would always advise against having a bonfire and recommend that you find alternatives to disposing of your waste such as home composting or using the Council garden waste collection. Burning of dry garden waste or other vegetation may not break the law but can cause nuisance.
If you MUST have a bonfire, please let your neighbours know in advance. Please be considerate to others when lighting bonfires:
- To limit smoke, burn only dry material.
- Never burn household rubbish or rubber tyres, or use oil or petrol to light the fire.
- Never light a fi re in unsuitable weather conditions - smoke hangs in the air on damp, still days and in the early evening.
- Never burn when the wind will carry the smoke over roads or other people’s property.
- Avoid burning at weekends and on Bank Holidays when people want to enjoy their gardens.
- Never leave a fi re unattended or leave it to smoulder - douse it with water if necessary
Whilst it’s not against the law to have a bonfire we can take action under the Environmental Protection Act 1990 if satisfied that a statutory nuisance exists or is likely to occur or recur.
For this we will investigate to establish:
- the amount of smoke
- how often it happens and for how long
- how unreasonable the activity is.
Outdoor ovens, burners and barbecues
Smoke and odours from outdoor barbecues, chiminea, fireplaces and pizza ovens can cause annoyance to your neighbours. Please be considerate. As with bonfires smoke from garden appliances could be considered a statutory nuisance, especially if it impacts other people nearby.
Please note in Smoke Control Areas garden appliances that release smoke through a chimney of a building - for example a summerhouse – can only burn authorised fuel or the appliance must be exempt. Exempt appliances are appliances (ovens, wood burners and stoves) which have passed tests to confirm that they are capable of burning an unauthorised or inherently smoky solid fuel without emitting smoke. You’ll find a full list of exempted appliances and authorised fuels on Defra’s website.
Cable Burning
Cable burning is a crime. It is a criminal offence under the Clean Air Act 1993 and the Environmental Protection Act 1990 to burn cable to recover the metal core. This is a dangerous and polluting activity that results in the release of dioxins and other toxic pollutants.
Cable burning often takes place in unattended fires. This can create a fire safety risk to those who come in close contact. The metals are explosive in nature. This is due to the metals and associated electrical components.
Please email Customer Services or call 01159819911.
If you witness any person burning cable outside normal working hours or at weekends, please contact the police on 101. Often cables that are being burnt in the open have been stolen.
Dark smoke
The darker the smoke, the more polluting it tends to be. Smoke darker than a specified shade of grey on the Ringelmann chart is officially classified as ‘dark smoke’.
Under sections 1 and 2 of the Clean Air Act 1993, is an offence to:
- emit dark smoke from a chimney of any building or a chimney serving a boiler or industrial plant (subject to some limited exemptions)
- cause or permit the emission for dark smoke from any trade or industrial premises (e.g. from open fires)
- cause or permit the emission of dark smoke on other premises on which matter is burnt in the open connection with any industrial or trade process (e.g. if you burn waste at home originating from your work)
Waste produced during the course of normal business activity should be disposed of in an appropriate manner. If you spot dark smoke coming from a trade or industrial premises (including farms) or you suspect someone is burning trade or industrial waste and causing dark smoke you should email Customer Services or call 01159819911.
Trade Waste
Disposal of trade waste, including construction waste by burning is not permissible.
Businesses have a legal duty to ensure their waste is disposed of lawfully and without causing any harm or pollution. The Government publish advice on managing wastes and a statutory code of practice you must follow.
There are some exemptions but these must be registered with the Environment Agency prior to the activity taking place.
There is an exemption for the open burning of plant material. This activity must be registered in advance with the Environment Agency. The exemption only applies if the burning takes place on the land where the waste was produced.
If using this exemption, you should take steps to avoid causing a nuisance to neighbours through excessive smoke or odour. Position the bonfire carefully and ensure the plant material is dry. Make sure the bonfire does not spread or get out of control.
Waste incinerators generally require an environmental permit. Conditional exemptions may apply for small incineration units burning clean, untreated wood or boilers burning untreated waste wood as a fuel. The exemptions must be registered with the Environment Agency.
How to report a Smoke Nuisance
If you are suffering from a smoke nuisance, we would encourage you to speak to the person or business creating the problem.
If this is unsuccessful, we may be able to help.
Please email Customer Services or call 01159819911.
Please provide as much detail as possible, such as what is being burnt, if that is known, and who is doing the burning. It would be helpful to include any photos, dashcam footage, mobile video or CCTV footage that you might have.