Section 79(1) of the Environmental Protection Act requires the local authority to take such steps as are reasonably practicable to investigate complaints that relate to:
Every year the Environmental Health Division receive a large number of complaints about bonfires causing a repeated nuisance. Such nuisances need never arise if due consideration is shown to our neighbours. This information explains the law and gives some suggestions to help prevent a nuisance being caused.
The Environmental Protection Act 1990 allows the Local Authority to take offenders to court should their bonfires cause a nuisance to neighbours (i.e. have an unreasonable effect on their enjoyment of their home or garden). Moreover any bonfire on trade premises which causes dark smoke is an offence regardless of whether anybody else is affected (section 2, 1993 Clean Air Act). The fines could be up to £20,000 for each offence. Persons complaining to the Council will likely be asked to keep a diary of events to assist officers investigating the matter.
Should you decide to have a bonfire, kindly note these recommendations:
If you would like to raise a complaint regarding smoke and bonfires, please fill out our diary sheet and return back to Environmental Health.