BONFIRES

It is a common misconception that there are specific byelaws prohibiting garden bonfires or specifying times they can be lit, there aren't. However, this is not a licence for indiscriminate burning! Occasionally a bonfire is the best practicable way to dispose of woody or diseased waste that cannot be composted. And bonfires are used to mark traditional celebrations, especially November 5th.

Under the Environmental Protection Act 1990 (as amended) it is an offence for people to dispose of their domestic waste in a way likely to cause pollution of the environment or harm to human health. In practice you should not burn waste that is likely to create excessive smoke or noxious fumes. If only dry garden waste is burnt, your bonfire should not cause a problem.

Most bonfire problems are addressed under nuisance legislation. Under the Environmental Protection Act 1990, a statutory nuisance includes "smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance." In practice a fire would have to be a recurrent persistent problem, interfering substantially with neighbours' well-being, comfort or enjoyment of their property. (In N Ireland the Public Health Act 1878 defines nuisance, however the proposed Clean Neighbourhoods and Environment Bill includes nuisance controls similar to those in the rest of the UK.)

If a bonfire of industrial or commercial waste is emitting black smoke it is dealt with under the Clean Air Act 1993, this includes the burning of such material in your garden! Under section 34 of the Environmental Protection Act 1990 it is illegal to dispose of waste that is not from your property, for example from your workplace or from a neighbour. For example, small tradesmen must not burn waste from site at home.

If bothered by smoke, approach your neighbour and explain the problem. You might feel awkward but they may not be aware of the distress they are causing and it will hopefully make them more considerate in the future. If this fails, environmental health at your local council should be notified. They must investigate your complaint and must issue a notice under the Environmental Protection Act 1990 if they consider a nuisance is being caused. The Act also allows you to take private action in the magistrates court.

However, if a fire is a one-off it may be difficult to prove a nuisance. Similarly, if you are troubled from bonfires from different neighbours, each only burning occasionally, a nuisance action would be difficult as there are several offenders. In this situation encourage them to consider the alternatives, give them a copy of this leaflet! Finally, under section 161A of the Highways Act 1980, anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers traffic or causes injury. Contact the police if this is the case. (Source: Environmental Protection)

For 72 years, Mary Beadsmoore has lived in the same house. She has seen fashions change and people come and go, but one thing she has never done is light a bonfire at her house in Hartington Street, Derby. People around her have lit fires. So much so that there have been 15 complaints about them in her street and surrounding ones. So imagine her shock to get a letter from the council that not only accused the 78 year-old of lighting a bonfire but threatened a £20,000 fine at the same time. The letter state, "I have received a complaint about smoke from a bonfire at your premises. An officer asked that you make sure the accumulation of rubbish was disposed of properly, but it has since come to our attention that it was burnt in the garden. Please ensure that this does not happen again or you will be liable to possible prosecution. If found guilty, the fine is up to £20,000."

Mrs Beadsmoore, has now received an apology from the council, but she is angry that such an error could be made. "I think it is stupid that I have been sent this letter," she said. "When I got it, I obviously realised they had sent it to the wrong address, but it was still not very pleasant to receive the letter. I have never had a bonfire in this garden and I certainly don't burn trade or building waste. We have had a number of problems with people having bonfires in this street and it is dreadful." Recent figures show there were 15 complaints about bonfires in the Hartington Street, Melbourne Street and Charnwood Street areas made to the council in the past six months.

The council said the error followed a complaint from a member of the public who gave the wrong address. A spokesman added, "We received a complaint about a bonfire nuisance which incorrectly gave Mrs Beadsmoore's address as the site of the bonfire. We spoke to Mrs Beadsmoore earlier this week to explain and apologise for the mix-up, and we will be writing to her to confirm that the complaint was not about her. If there is a complaint about a nuisance fire, we will follow it up, as this incident shows. We visit properties to explain to people that their fires can be a nuisance to others. We make people aware that if they have regular bonfires, create dark smoke or if they burn trade waste, they may face prosecution and be liable for a fine of up to £20,000."

Residents of nearby Melbourne Street regularly have to put up with far worse vices however. They have, in the past few months, had an influx of youngsters selling drugs from cars, delivery of drugs from bicycles, and prostitues parading the corners of the street. The police have been informed on numerous occasions about these antics but, as usual nothing happens. There are daily acts of open selling on the street with regular callers to buy.

Although the Council is not totally responsible, why has CCTV surveillance not been installed in Melbourne Street? Obviously, not wanting to be seen on camera from Hartingdon Street, the "open all hours" for drugs and sex has now moved onto Melbourne Street. Residents find it degrading and demoralising, as they have been trying to keep their properties up to standard by having the local grant improvements to upgrade them, but the downgrade of the area will never be up do standard with the druggies and prostitutes being able to work as freely as they do.

Recently they have been subjected to having to pay for parking permits too, at a cost of £75 a year. This must be quite disgusting to arrive back home from work in the evening only to find two or three cars parked in the street waiting for their 'delivery boys' to sell the drugs. If a little more enthusiasm and time went into trying to CLEANUP this street, they would all live a little more safely and less stressed, rather than taking the time to check up on people burning rubbish which is, in comparison, a rather minor problem.