Bonfires
The Council is responsible for investigating complaints about smoke nuisance caused by bonfires.
The Problem
Bonfires can be very irritating - the smoke, smuts and smells they cause are the subject of many complaints to the council. Smoke can ruin residents' enjoyment of their gardens, preventing them from opening their windows and hanging washing out.
Burning garden waste will produce the poisonous gas carbon monoxide as well as other toxic compounds. Many of these compounds can have damaging health effects, particularly in susceptible people such as children, asthmatics, and those with heart problems.
Even if the immediate health risk is small, your bonfire will add to the background level of air pollution. Air quality in the U.K often hits the official 'poor' level - do you really want to make it worse?
Weather conditions can make matters worse. If the air is still, particularly in the late afternoon or evening, smoke will linger in the air. On the other hand, if it is too windy, smoke may blow into neighbouring properties or across roads causing danger or annoyance.
Don't forget that bonfires can be dangerous from a safety point of view - spreading fire to fences or buildings, scorching trees and plants. Bonfires are often used as a refuge by animals - look out for hibernating hedgehogs and sleeping pets.
What you can do
Instead of having a bonfire, there are other, far less environmentally damaging methods of disposal.
Composting: Most garden and kitchen waste can be recycled into compost which will produce a useful soil conditioner, saving you money on commercial products.
Recycling: In addition to this, if you are unable to compost at home, you can take your garden waste to the Household Waste Recycling Centre at Springwell Lane, Hartley Wintney. There is a separate bin for garden waste which is subsequently composted. For further advice on composting, contact the Waste Management section on 01252 844915.
Shredding: Woody waste can be shredded to make it suitable for composting or mulching; you can buy or hire shredders, but remember, they can be noisy - don't replace one nuisance with another!
The Legal Position
If done carefully, the occasional bonfire or barbecue should not cause a major problem, so an outright ban would be unreasonable. Under the Environmental Protection Act 1990, it is an offence to cause a statutory nuisance, and this can include nuisances created by bonfires.
To be considered a 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 the first step is to approach your neighbours: they may be genuinely unaware that their actions are affecting you.
If this approach fails, you should contact the Environmental Health section and inform them of your concerns. In most cases letters are written to both parties and this is enough to resolve the problem.
Unfortunately, in some cases it does not end there and if the bonfires persist you should inform the officer dealing with your case. They may wish to visit to assess whether the bonfire is a statutory nuisance. If it is, an abatement notice may be served on your neighbours under Section 80 of the Environmental Protection Act 1990. If the person fails to comply with the notice, they may be prosecuted which upon conviction gives rise to a maximum fine of £5000.
