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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.
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