Local environment quality: Smoke
What to do if you are suffering from smoke nuisance
If you are concerned about the bonfire smoke coming from a neighbour’s garden, a local business or manufacturer, often the best way to deal with the problem is to go straight to the source.
Consider talking to the person or company responsible for the bonfire smoke and point out the problem. You may find that they are unaware that they are causing a disturbance. Remember we may all be guilty of creating a nuisance from bonfire smoke at some time without knowing it. The problem is not always one of inconsiderate behaviour.
Mediation could be the answer
If the direct approach does not work you may want to consider mediation. An independent third party will listen to the views of both parties and can help them to reach an agreement or compromise. You can obtain details about the location of services in your area from Mediation UK on 0117 9046661.
Taking formal action
When informal action is not possible or fails, you can resolve the problem by taking formal action. The most common route involves complaining to your Local Authority about the smoke problem. Local authorities have a duty to investigate complaints. Under sections 80 and 81 of the Environmental Protection Act 1990 Local Authorities have duty to deal with bonfire smoke from any premises which they consider to be a statutory nuisance.
Who do I complain to?
If you want to make a complaint about bonfire smoke you should contact your Local Authority, usually the Environmental Health Department. The number will be in your local telephone directory.
If they visit or witness the bonfire smoke and are satisfied that a statutory nuisance exists, they must take immediate action. If the bonfire smoke is intermittent, they may ask you to keep details of the smoke in the form of a diary.
Sometimes they may measure the smoke emissions as part of their investigation into a complaint. There is no set level at which smoke becomes a statutory nuisance.
Serving an abatement notice
Like you, the Local Authority may try to resolve the problem informally. If this fails and they are satisfied that the bonfire smoke amounts to a statutory nuisance they must serve an abatement notice. This may require the bonfire to be stopped altogether or limited to certain times of the day. A notice must be served on the person responsible for the smoke or, in certain circumstances, the owner or occupier of the premises. A person on whom an abatement notice has been served has the right of appeal within 21 days of it being served.
Failure to comply with an abatement notice
If a person on whom an abatement notice has been served fails, without reasonable cause, to comply, s/he will have committed and offence. For offences relating to domestic premises, the magistrates’ court may impose a fine of up to £5000 with a further fine of up to £500 for each day on which the offence continues after conviction. When the nuisance arises on business premises, the maximum fine is £20,000. Local Authorities have powers to gain entry to premises to enable them to abate a smoke nuisance.
Research
A Review of Bonfire Smoke Nuisance Controls
Local Authorities receive a large number of complaints each year in relation to smoke from bonfires or the burning of matter, such as tyres and plastic. The occurrence of these complaints tends to be seasonal.
The aim of this study was to review and research the extent of nuisance complaints received by Local Authorities and their frequency. A further aim was to provide advice on the legal and practicable remedies available to Local Authorities and private individuals to control such smoke problems.
This research was sought by Defra, and through it the Devolved Administrations of the Scottish Executive, the National Assembly for Wales, and the Department of the Environment in Northern Ireland. The recommendations in this report may not represent the views of these Departments, but may initiate consideration on any further measures which may be desirable for dealing with bonfire nuisance.
- A review of bonfire smoke nuisance controls
(641 KB) - January 2006
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Page last modified: 27 March 2006
Page published: 16 January 2006