We are approaching the time when there is a lot of garden refuse to dispose of or burn and the question is occasionally asked whether or not bonfires are permitted, particularly in a conservation area. Generally there is no ban on garden bonfires, even in conservation areas, but there are what might be regarded as codes of good neighbourly behaviour which are expressed in a leaflet issued by the South Bucks District Council, which offers the following guidelines. They may seem self-evident but see number 5 below.
1. Do not burn damp grass or ‘green’ material since this generates thick smoke.
2. Do not burn any oily rags, rubber, plastics, damp garden waste or other materials which would inevitably create heavy smoke or toxic fumes.
3. Do not leave your fire unattended. Never leave a fire to smoulder for long periods. Hose it down before you leave it.
4. Do advise your neighbours that you are going to have a bonfire, so that they can be prepared in case they have any washing outside or windows open.
5. Do chose your bonfire site carefully – away from any trees, fences and sheds. This point is particularly relevant since a few years ago a local magnificent chestnut was badly damaged by a thoughtlessly positioned bonfire, following ground clearance by a contractor.
6. Do have water available in case the fire gets out of control.
7. Avoid lighting a fire in unsuitable weather conditions – smoke hangs in the air on damp, still days.
8. Avoid burning when air pollution levels in your area are high or very high. You can check air quality on 0800 556677 or at
http://uk-air.defra.gov.uk.
Naturally, there are some general legal issues which may have to be considered, particularly if there are neighbours who persistently create a nuisance with their bonfires. 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. A November 5th bonfire would certainly not be regarded as a nuisance if the above guidelines are followed.
Fred Russell
