Bonfires

Domestic Bonfires

There are no specific laws to prohibit domestic bonfires.  If used sensitively, an occasional bonfire, or barbecue, should not cause a major problem and an outright ban would be unreasonable.

However, if a neighbour is causing a continuing nuisance by burning rubbish frequently, the law is on your side.

Under the Environmental Protection Act 1990, it is an offence to cause a statutory nuisance.  This includes smoke, fumes or gases “emitted from premises so as to be prejudicial to health or a nuisance”, and can include nuisance created by bonfires.  To be considered a possible nuisance, the bonfire would have to be a regular problem and interfering substantially with your well being, comfort or enjoyment of your property.

If you are bothered by persistent bonfire smoke speak to your neighbour and explain the problem.  They may not be aware of the distress they are causing and it might make them more considerate in the future.  If this approach fails, contact the Council’s Environmental Health Department.  We will take reasonable steps to investigate your complaint and can take action under the Environmental Protection Act by issuing a Nuisance Abatement Notice if necessary.

Remember, if the fire is only occasional this is unlikely to be considered a nuisance.  Similarly, if you are being troubled by a series of bonfires from different neighbours, each one of who only burns occasionally, this will be unlikely to be considered a nuisance and no single individual can be held responsible.

For further information, or if you wish to make a complaint, contact:

Environmental Health
The Guildhall
Frankwell Quay
Shrewsbury
SY3 8HQ

Tel: 01743 281392/52

Email: environmental.health@shrewsbury.gov.uk

Finally, under the Highways (Amendment) Act 1986, anyone lighting a fire and allowing smoke to drift across a road may face a fine if it endangers traffic.  Contact the Police in this case.

Guidelines for a 'No-Nuisance' Bonfire

• Only Burn dry material.
• Never burn household rubbish, rubber tyres, or anything containing plastic, foam or paint.
• Never use old engine oil, meths or petrol to light the fire or to encourage it.
• Avoid lighting a fire in unsuitable weather conditions – smoke hangs in the air on damp, still days and in the evening.  If it is windy, smoke may be blown into neighbours’ gardens and across roads.
• Avoid burning at weekends and on bank holidays when people want to enjoy their gardens.
• Never leave a fire unattended or leave it to smoulder – douse it with water if necessary.
• Avoid burning when air pollution in your area is high or very high.  This information is included in weather forecasts. Or check at http://www.airquality.co.uk
• For more information, regarding bonfires, visit the NSCA website:  http://www.nsca.org.uk/pages/environmental_information/garden_bonfires.cfm

What are the Alternatives to a Bonfire?

Do you really need to burn?  There are other methods of disposal available, which are far more environmentally friendly.

• Take waste to the Household Recycling Centre, Vanguard Way, Battlefield Enterprise Park, Shrewsbury.   If a commercial type vehicle is being used to bring in waste, a permit will be required. Tel: 0845 678 9009.
  Or visit the County Council website: www.shropshire.gov.uk/waste.nsf
• Bulky Items Collection- Arranging for special collection or large items, by the refuse collection service, a fee is payable and details can be obtained by contacting us. Tel: 01743 281154.
• Garden Waste Collections - From March to November Shrewsbury and Atcham Borough Council provides a free fortnightly collection of garden waste.  At other times of the year, a four weekly collection is provided. To find out when your next collection is, telephone 01743 281155.
• Composting your garden waste.  Details of compost bins can be obtained by contacting us. Tel: 01743 281155.
  www.shrewsbury.gov.uk/public/yourcouncilatwork/wasteservices/reducereuserecycle/homecompostingbins
• Unwanted furniture, which could be recycled and used by someone else, can be removed free of charge by the Shropshire Household Furniture Recycling Scheme (SHOFUR) http://www.shropshire.gov.uk/waste.nsf/open/9450C1FE11A8293580256C9100507654
• Unwanted miscellaneous items could benefit someone else if they are given to a charity shop.

Commercial Bonfires

The Clean Air Act 1993 applies to sites that are trade premises or an industrial business.

Dark smoke emissions from open burning (bonfires) on industrial or trade premises (including demolition sites) or agricultural land is prohibited, except in very limited circumstances. ‘Dark’ smoke is a shade of grey defined by law.

It is an offence to cause or permit the emission of dark smoke from industrial or trade premises and a person found guilty of such an offence is subject to a maximum fine of £20,000.

In addition, smoke, which amounts to a nuisance, can constitute an offence under the provisions of the Environmental Protection Act.  Therefore steps should be taken to ensure that no nuisance is caused to the occupiers of neighbouring properties.

Alternatives to burning are:

• To hire a skip to collect waste, for removal of material from the site.
• To dispose of tree waste, use a shredder.

For further information, or if you wish to make a complaint, contact:

Environmental Health
The Guildhall
Frankwell Quay
Shrewsbury
SY3 8HQ

Tel: 01743 281392/52

Email: environmental.health@shrewsbury.gov.uk