This page explains the law and gives some suggestions on how to prevent causing a nuisance to neighbours.
The law
Currently there are no byelaws which restrict or ban bonfires. However, we can investigate complaints about smoke from bonfires.
Under the Environmental Protection Act 1990, we can take action against anyone whose bonfire causes a statutory smoke nuisance to their neighbours. A statutory nuisance is much more than just being able to smell or see smoke, it must have an unreasonable effect on a person’s enjoyment of their home or garden.
If your bonfire causes a statutory smoke nuisance, we will issue an abatement notice telling you to stop causing the nuisance, or to prevent it from happening again. If you do not keep to the conditions in that notice, the matter could go to court where you could be fined.
Under the Clean Air Act 1993, it is an offence for any business to have a bonfire which causes dark smoke, regardless of whether anybody else is affected. The fines could be up to £20,000 for each offence.
We will ask anyone who complains about a bonfire nuisance to fill in a set of diary sheets to record when, and how, the bonfire affects them.
Dos and don’ts
First of all, you should consider whether it is necessary to burn your waste.
You can recycle many items, including food and garden waste, by using our kerbside recycling scheme, the Recycling centres for household waste, and the various recycling banks around the district.
If you do decide to have a bonfire, follow the simple rules below.
- Do not burn damp grass cuttings, hedge clippings and so on as this creates thick smoke.
- Do not burn any oily rags, rubber, plastics, damp garden waste or other materials which would create heavy smoke or toxic fumes.
- Do not light a bonfire when your neighbours have washing out to dry, or have their windows open.
- Do not light bonfires within the hour before dusk, or leave them burning overnight. Choose the time of day and weather conditions that will cause the least inconvenience to neighbours.
- Do not leave your fire smouldering. Hose it down until it is cold before you leave it.
- Do tell your nearest neighbours before you light a bonfire, so they can be prepared for any minor inconvenience that may arise.
- Do burn material quickly in small amounts so the minimum amount of smoke is created. An incinerator makes this much easier.
- Do choose your bonfire site carefully. It should be well away from trees, fences and windows. Do not have a bonfire on a very windy day as it can easily get out of control. Have a hosepipe and buckets of water handy just in case.
- When the ashes are cold, you can rake them into the soil as a useful fertiliser. You can include small pieces of charcoal but pick larger pieces out first.
Recycling Centre for Household Waste
esidents who pay the Council Tax to Rochford District Council may take their domestic waste items to the Recycling Centre for household waste which is in Castle Road in Rayleigh free of charge.
This site is run by Essex County Council, for more information what cab recycled and opening times, visit the website www.loveessex.org
For more information about your kerbside recycling scheme you can contact our customer service team.
Our ‘Dark smoke’ page gives information on dark smoke and smoke from business premises.