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#16
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garden bonfires and the law
"Kathy" wrote in message ... "Christina Websell" wrote in message ... "harryagain" wrote in message ... "Christina Websell" wrote in message ... rbel wrote in message ... On Tue, 02 Aug 2011 17:24:48 +0100, rufus rufus.nomailplease wrote: Given concern about pollution, recycling, energy conservation, etc I wondered how widely local authorities in UK have banned the burning of garden rubbish? Locally, I have seen tobacco smokers being driven back into their workplaces by clouds of smoke from garden bonfires! There is no national legislation that bans garden bonfires. Some LAs may have bylaws controlling them but I am not aware of specific cases - try your LA web site. The Environmental Protection Act 1990 and the Highways (Amendment) Act 1986 can be used to control problems resulting from bonfires such as persistent [1] nuisance to neighbours and dense smoke causing hazard for traffic. [1] A typical bonfire once or twice a year is unlikely to be considered a persistent or statutory nuisance, particularly if thought is given to the timing of the burn and wind direction. I would say it depends on the size of your garden and the proximity of your neighbours. If you have a fairly small garden with close neighbours it will certainly annoy them if you light one up too often. Luckily, although my garden is narrow it is 156 yards long so I can burn away to my heart's content half way down and no-one notices. My council offer a brown bin for £26/year for disposing of garden waste, emptied once a fortnight. I could fill it easily in a few days at this time of year. I do compost, but the woody cuttings, I allow to dry on top of the compost heap and then I have a bonfire. Tina What you want is a shredder. Big stuff goes in the woodstore for the stove in the house. Small stuff goes through the shredder and is composted or used as mulch under shrubs etc. Never need to light a fire. I do have a shredder but there is a limit to the amount of mulch I can use. And not everyone has a stove to burn the big stuff. -- I do have a woodburner. I just find it necessary to have a bonfire occasionally which as I explained is so far from houses it's no trouble to anyone. |
#17
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garden bonfires and the law
On 03/08/2011 17:30, 'Mike' wrote:
"Jake"Nospam@invalid wrote in message ... On Wed, 03 Aug 2011 16:21:21 +0100, wrote: We live in the country opposite a roofing contractor who burns his waste, as you can imagine the roof lining issues black smoke and smells awful. Contacted the environmental agencies, all they did was to ensure that he had a licence for transporting it (income you see). As regards the rest they said to keep a diary and contact them next time he did it. As you can guess he only does it on Bank holidays and Sundays, so no reply from the council! Is this roofer's property industrial or residential (i.e is he burning commercial waste in the garden of his home)? Use of private premises for commercial purposes may breach planning consents. The Environmental Protection Act 1990 places a duty of care on every business to make sure that all waste produced is disposed of in a suitable manner. Burning of waste is not considered as appropriate and anyone found disposing of waste in breach of their duty of care responsibilities risks being prosecuted and fined on conviction. The Clean Air Act 1993 makes it an offence to burn anything on an industrial or trade premises that gives rise to dark smoke. This would include plastic, insulating materials (e.g. foam), tyres and treated/painted wood. Offences made under this legislation incur a maximum penalty of £20,000 for each offence. Anyone lighting a fire and allowing it to drift across a highway may be committing an offence under the Highways (Amendment) Act 1986. Potential fine for this is £2,000. Do you have other neighbours who could join in a complaint? It may also be helpful to take photos of the smoke from the next bonfire. If you can't contact the Council on bank holidays/Sundays, get the home number(s) of your local councillor(s) and phone them each and every time. If National Government agencies are unhelpful, write to your MP. Cheers Jake ============================================== Gardening at the dry end (east) of Swansea Bay in between reading anything by JRR Tolkien. www.rivendell.org.uk ""Bull"" and ""China Shop"" are not in your vocab are they? You must live in a field with no neighbours. Lucky you ;-( He is right though. Photographic evidence will work even if the council cannot be bothered to turn out and visit the site in a timely manner. Contemporaneous photographic evidence, with a copy of todays newspaper front page in shot is one effective way to tackle bad industrial neighbours who are habitually burning seriously bad stuff with black smoke on Bank Holidays and Sundays. ISTR the Clean Air Act was the one that got neighbours some compensation in a case ages ago. Otherwise out of sight out of mind is the councils attitude. Regards, Martin Brown |
#18
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garden bonfires and the law
"Christina Websell" wrote in message ... "harryagain" wrote in message ... "Christina Websell" wrote in message ... rbel wrote in message ... On Tue, 02 Aug 2011 17:24:48 +0100, rufus rufus.nomailplease wrote: I would say it depends on the size of your garden and the proximity of your neighbours. If you have a fairly small garden with close neighbours it will certainly annoy them if you light one up too often. Luckily, although my garden is narrow it is 156 yards long so I can burn away to my heart's content half way down and no-one notices. My council offer a brown bin for £26/year for disposing of garden waste, emptied once a fortnight. I could fill it easily in a few days at this time of year. I do compost, but the woody cuttings, I allow to dry on top of the compost heap and then I have a bonfire. Tina What you want is a shredder. Big stuff goes in the woodstore for the stove in the house. Small stuff goes through the shredder and is composted or used as mulch under shrubs etc. Never need to light a fire. I do have a shredder but there is a limit to the amount of mulch I can use. Gosh, We use all we can get and have to import neighbours hedges etc for shredding to bulk up what we have, this is not a small garden and we produce a lot of stuff for shedding each year but its never enough once we start using it. We haven't had a bonfire in many years but I do miss it! -- Charlie, Gardening in Cornwall Holders of National Collections of Clematis viticella and Lapageria rosea cvs http://www.roselandhouse.co.uk |
#19
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garden bonfires and the law
On 04/08/2011 10:06, Martin wrote:
On Thu, 04 Aug 2011 08:15:55 +0100, Martin Brown wrote: On 03/08/2011 17:30, 'Mike' wrote: "Jake"Nospam@invalid wrote in message ... On Wed, 03 Aug 2011 16:21:21 +0100, wrote: We live in the country opposite a roofing contractor who burns his waste, as you can imagine the roof lining issues black smoke and smells awful. Contacted the environmental agencies, all they did was to ensure that he had a licence for transporting it (income you see). As regards the rest they said to keep a diary and contact them next time he did it. As you can guess he only does it on Bank holidays and Sundays, so no reply from the council! Is this roofer's property industrial or residential (i.e is he burning commercial waste in the garden of his home)? Use of private premises for commercial purposes may breach planning consents. The Environmental Protection Act 1990 places a duty of care on every business to make sure that all waste produced is disposed of in a suitable manner. Burning of waste is not considered as appropriate and anyone found disposing of waste in breach of their duty of care responsibilities risks being prosecuted and fined on conviction. The Clean Air Act 1993 makes it an offence to burn anything on an industrial or trade premises that gives rise to dark smoke. This would include plastic, insulating materials (e.g. foam), tyres and treated/painted wood. Offences made under this legislation incur a maximum penalty of £20,000 for each offence. Anyone lighting a fire and allowing it to drift across a highway may be committing an offence under the Highways (Amendment) Act 1986. Potential fine for this is £2,000. Do you have other neighbours who could join in a complaint? It may also be helpful to take photos of the smoke from the next bonfire. If you can't contact the Council on bank holidays/Sundays, get the home number(s) of your local councillor(s) and phone them each and every time. If National Government agencies are unhelpful, write to your MP. Cheers Jake ============================================== Gardening at the dry end (east) of Swansea Bay in between reading anything by JRR Tolkien. www.rivendell.org.uk ""Bull"" and ""China Shop"" are not in your vocab are they? You must live in a field with no neighbours. Lucky you ;-( He is right though. Photographic evidence will work even if the council cannot be bothered to turn out and visit the site in a timely manner. Contemporaneous photographic evidence, with a copy of todays newspaper front page in shot is one effective way How can you prove it was "todays paper" when the photo was taken? You can't, but it does prove that the date when the picture was taken is at least after the publication date of the newspaper. This can be important in some circumstances. I don't know how courts handle the relatively easy manipulation of faked digital images these days. It helps get around the "oh yes we did have a problem way back, but it has all been fixed now" type of defence claim. My experience of it is very distant now. I did once know someone who had a small decorating firm next door that regularly (most weekends) set fire to polystyrene, solvents, foam and waste wallpaper producing huge volumes of black smoke that drifted across neighbouring gardens and houses. Nothing was done about it until photographic evidence was produced (ISTR in a private prosecution for nuisance). Regards, Martin Brown |
#20
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garden bonfires and the law
In article , rufus
writes More important: we do ban coal smoke and tobacco smoke, so is wood and leaf smoke all that different? Do we know whether it has similar carcinogenic tars or not? Shame about bonfire night then as I assume the bonfires for that are bad as well? I have stuff that should be brunt like ground elder and bindweed. No good putting that in council tip! Also dry twigs and branches with coral spot etc. Can't see why a good bonfire once in a while is that dangerous. -- Janet Tweedy Dalmatian Telegraph http://www.lancedal.demon.co.uk |
#21
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garden bonfires and the law
"chris French" wrote in message
... In message , Kathy And not everyone has a stove to burn the big stuff. But it can probably be given away to someone who does To be quite honest, I don't know anyone with a stove/open fire apart from my ex. and he's the other side of the country. Actually, apart from the buddleia, I don't have big stuff - just lots and lots of weeds. Most of these are on the lottie, and what can't be composted can be burnt there. -- Kathy |
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