Smoke control

Garden bonfires have been a traditional way of disposing of garden rubbish but they often cause a nuisance to neighbours from smoke, smell or dirt. They also contribute to air pollution. As a means of disposal, bonfires are becoming less and less acceptable. This section aims to encourage householders to give up bonfires and to suggest some alternatives.

The problems

• Bonfires can be very annoying to neighbours - usually from smoke or smell. This can stop them from enjoying their garden, prevent them from opening their windows, or hanging out washing. This is especially a problem if your neighbour or their children are asthmatic or have a chest condition.
• Bonfires cause air pollution. They can produce irritating and even poisonous compounds that contribute to poor air quality, which everyone nearby then has to breathe in.
• Bonfire smoke can also cause a hazard to road users by reducing visibility.
• Bonfires can cause a fire hazard if they are close to trees or fences and especially if left unattended.

What's the legal position?

There are no specific laws that prohibit garden bonfires, nor any which restrict them to certain hours of the day, days of the week or number per year. Therefore it is not "alright" to have bonfires as long as it's after 6:00 p.m. In fact, in the evening smoke will hang around for even longer due to inversion effects.

If, however, a garden bonfire causes what is called a "statutory nuisance", the Council can serve a legal notice on the person responsible requiring them to stop causing the nuisance. Failure to do so is then an offence for which they can be prosecuted. Under the same legislation any person affected by a bonfire can also lodge a complaint at the Magistrates Court alleging nuisance, which will then be dealt with by the court. If it is found that a nuisance did exist the person responsible can be fined by the court.