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Garden Bonfires
Why is it wrong to have a bonfire?
- Bye-laws
- Environmental Protection Act 1990
- Suffering due to neighbours bonfires
- Private Action
- Highways Act 1980
- Barbecues
- Guy Fawkes Night and Fireworks
Why is it wrong to have a bonfire?
Bonfires can be very irritating to neighbours for a variety of reasons. The smoke, smuts and smell are the subject of many complaints made to Fareham Borough Council, Environmental Health. The affects of bonfire smoke can prevent your neighbours from enjoying their gardens, opening windows and hanging washing out, and reduces visibility in the neighbourhood.
If the air is still, particularly in the late afternoon or evening, smoke will linger. A dry blazing bonfire will lift smoke and fumes upwards. If it is too windy, smoke can blow not only into neighbouring properties but also across roads causing danger. Allotments in residential areas can cause particular problems, if plot holders persistently burn waste.
Air Pollution
Bonfires cause air pollution. Burning garden waste produces smoke, especially if it is damp and smouldering. This will contain pollutants including carbon monoxide, dioxins and particles.
Burning plastic, rubber or painted materials not only creates an unpleasant smell but also produces a range of poisonous compounds.
Air pollution in the UK often reaches unhealthy levels due to emissions from industry, car emissions and bonfires. Please take care not to make it worse.
Human Health Effects
Pollutants released into the atmosphere by burning waste can have damaging health effects. Serious harm is unlikely if exposure to bonfire smoke is brief. However problems may be caused for asthmatics and bronchitis sufferers. People with heart conditions and children may also be at risk.
Safety
Bonfires can be dangerous! Fire can spread to fences or buildings and scorch trees and plants. Exploding bottles and cans can be a hazard when rubbish is burned. If you are considering lighting a bonfire, please be aware that garden waste is often used by animals, for hibernating and sleeping.
Are there alternatives?
Composting
A compost bin will produce a useful soil conditioner, saving money on commercial products. So instead of burning garden waste or putting food waste in the dustbin where it will end up buried or incinerated, invest in a compost bin.
Bulky vegetation can be shredded to make it suitable for composting or mulching. Shredders can be bought or hired and some allotment societies have their own. However please bear in mind that shredders can be noisy so be careful not to replace one nuisance with another.
Advice on composting is available from Office Support on 01329 236100 ext 4387 or 4389.
Garden Waste Collection Service
In 2005, Fareham Borough Council is introducing a garden waste collection service. Further information on how to take advantage of this service will be available on this site nearer the time.
Recycling
Household waste should never be burned on a bonfire. Many items can be recycled and you can get advice on your local recycling facilities or by phoning 01329 236100 ext 4360 or 4554. Garden waste should not be mixed with other household waste.
Old beds and sofas are not suitable for burning, Some voluntary groups collect old furniture which meets the current fire regulations, or you can contact Office Support on 01329 236100 ext 4387 or 4398 to arrange a collection. This is a chargeable service depending on the amount of items for disposal.
What does the law say?
Bye-laws
It is a common misconception that there are bye-laws to prohibit bonfires, or limits to the time of day when they can take place - in fact there are no specific local bye-laws in Fareham. An outright ban would be difficult to enforce and very occasionally a bonfire is the best practicable way to dispose of garden waste. The occasional bonfire should not cause a major problem so long as it does not affect any neighbouring properties.
Environmental Protection Act 1990
Where a neighbour is causing a problem with burning rubbish the law is on your side. Under the Environmental Protection Act 1990, (EPA), a statutory nuisance includes smoke, fumes and gases emitted from premises so as to be prejudicial to health or a nuisance. In practice, to be considered a statutory nuisance, a bonfire would usually have to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property.
What to do if you are suffering due to a neighbour's bonfire:
If bothered by smoke, approach you neighbour and calmly explain the problem. You might feel awkward or angry at the time, but remember they may not be aware of the distress they are causing and by chatting to them about it will hopefully make them more considerate in the future.
If this fails contact Office Support on 01329 236100 ext 4387 or 4389. An officer will investigate your complaint and can issue a nuisance abatement notice under EPA, if regular burning is taking place and statutory nuisance can be proved. If the fire is occasional it is unlikely to be considered a nuisance in law. Similarly, if you are being troubled by 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.
Private Action
You may wish to take independent action by complaining directly to the Magistrates court under section 82 of the Environmental Protection Act 1990. This course of action is easy, inexpensive and does not rely on employing a solicitor.
Highways Act 1980
Under the Highways Act 1980 anyone lighting a fire and allowing smoke to drift across the road faces a fine if it endangers traffic. Contact the police in this case on 0845 045 45 45.
Are Barbecues OK?
Barbecues can also cause a smoke problem, especially if you use a lighter fuel. The best advice is to be considerate. If you are having a barbecue, tell your neighbours. Don't ignite it when they've got their washing out, and if it is windy check the smoke won't blow straight into the neighbouring properties.
Guy Fawkes Night, Bonfires and Fireworks
Maybe you want a bonfire just for fun, on Guy Fawkes Night for example, don't forget to warn your neighbours and be considerate; they are much less likely to complain.
Under the Fireworks Regulations 2004 the use of fireworks is now prohibited during night hours. Night hours are from 11pm until 7am. There are a few exceptions to this rule including Guy Fawkes Night (5th November) when fireworks may be used until midnight.
Other exceptions to this legislation are on the nights of Chinese New Year, Diwali and New Year's Eve when fireworks may be used until 1am.
The use of fireworks is enforced by the Police. It is also now an offence for anyone to supply fireworks above a certain sound limit. For further information contact your nearest Trading Standards Office, Winchester 0845 6030081.
For further information on any of the above please e-mail regulatory@fareham.gov.uk us or telephone on 01329 236100 ext 4387 or 4389.
Frequently Asked Questions
Where can I purchase a Composter?Discounted composters are available for Hampshire residents to purchase. Click on the Composter link above for full details.
Where shall I site my compost bin?
Your bin must be placed directly on the ground, not on concrete, tarmac or patio slabs. Worms and bugs must be able to enter the bin from the soil below to aid the rotting process. If you find worms in your compost bin it means its working really well! Worms speed up the process still further. You can also get yourself a kitchen caddie with a lid for daily use to collect the waste in the kitchen.
What can I put in my compost bin?
Composting is easy but you do need to get the ingredients right for the fastest results. It''s all a question of balance, and in composting terms that means a balance of greens and browns. There are some things which must not be put in a composter or it will not work and you will attract pests. The Greens Fruit and vegetable peelings and scraps (uncooked) Tea leaves, bags and coffee grounds Crushed eggshells Grass cuttings, hedge cuttings and most weeds Annual plants and flowers Cut flowers The Browns Straw and hay Wood chippings and sawdust Cardboard egg boxes Old perennial plants Shredded paper and cardboard Shredded or chopped wood prunings Leaves Feathers Bedding from pet cages (vegetarian only eg guinea pigs, rabbits etc) Items not to be composted Cooked vegetables or fruit Meat, fish Bones Cheese and dairy products Diseased roots or plants Large unchopped woody branches Cat or dog litter Disposable nappies Plastic, glass or metal Coal or coke ash Greens break down quickly and keep things moist. They also produce nitrogen (a harmless plant food). Browns give compost its fibre and structure. They are rich in carbon, which your garden likes. Browns also create air pockets, which helps the composting process.
My composter is smelling - why is this?
It''s probably too wet or you''ve put in too many grass cuttings. Leave the lid off in dry weather so the excess liquid can evaporate. Remove some of the grass if there''s a lot in there and really mix in some "brown material" such as straw or shredded cardboard. A working compost bin with the lid on should not smell.
I think I should have some compost by now - what's gone wrong?
Your bin is probably too cold. Leave the lid on and move it to a sunnier area. Or it could be too dry. Add a bit of water and mix in some soft "green material" like vegetable peelings. Or it could need more air. Loosen it up with a fork and mix in some new material.
Will my composter attract rats?
A composter should not attract rats. There is much more information on how to deter rats on the Recycle Now website (this is an external hyperlink).
When I open the lid of my composter I get a swarm of flies - why is this?
Some insects are needed to make good compost but swarms indicate an imbalance. You''ve probably got too much "green material" in there. Try a covering of "brown material".
Why woujld I have ants in my composter? Would they disrupt the process at all?
Ants won''t do any harm, and may help by creating air pockets with their tunnels. If you want to deter them try watering the compost for a few days.
I would like further composting information. where should I go?
More information on composting is available at www.recyclenow.com/compost (this is an external hyperlink). If you would like further information on composting or recycling in general please telephone 01329 236100 or email customerservices@fareham.gov.uk.
What is a statutory nuisance?
To be a statutory nuisance something must be either prejudicial to health or a nuisance in common law terms. Nuisance can broadly be defined as something that affects somebody''s use and enjoyment of their home and property. Noise is the most frequently complained of nuisance issue. We can deal with both domestic and commercial sources and have equipment to both measure and record noise if necessary.
What things are classified as statutory nuisances?
Issues controlled using statutory nuisance law include:- • Noise • Premises • Smoke • Light (from badly adjusted floodlights, for example) • Fumes and gases (applies to domestic premises only) • Smell (commercial premises only) • Dust and steam (commercial premises only) • Accumulations • Animals • Insects (from relevant industrial, trade or business premises)
What things are not classified as statutory nuisances?
Nuisance is a very property based issue so that for example, an issue that disturbed you whilst walking on a public footpath, could not be a statutory nuisance to you. Other issues that are not classified as statutory nuisances include:- Aircraft noise Domestic odours (like cooking smells) Normal road noise. In such cases, whilst we will not be able to take formal action we may be able to give you advice or suggest your best course of action.
