Bonfires

Castle Point Borough Councils Environmental Health Service offers the following advice in respect of bonfires: 

COVID-19 is a respiratory virus with severe implications. Symptoms include breathing difficulties, pneumonia and respiratory illness. In respect of this, bonfires can be detrimental to breathing as they create thick smoke, soot and ash which can hinder normal respiration.  

The effect that bonfires may have is at best unpleasant, and at worst can cause a statutory nuisance. Please be understanding and fair to those around you.

Please be aware that any complaints regarding bonfires may result in an abatement notice being served upon those responsible under the Environmental Protection Act 1990, Section 79 (1) (b). 

For ways of disposing of your garden waste or for advice on composting, please see  Refuse and Recycling

Every year the Environmental Health Service receives a large number of complaints about bonfires causing a repeated nuisance. Such nuisances need never arise if due consideration is shown to our neighbours.

Garden Bonfires How to Avoid Causing a Nuisance [pdf] 94KB

The Environmental Protection Act 1990 allows the Local Authority to take enforcement action against those whose 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 - Clean Air Act 1993).

The following information provides details on who you should contact if you are affected by bonfire or smoke nuisance. Any complaints which are to be made to Environmental Health can be made to the Council by contacting us on 01268 882200 or via email

 

Unsupervised or Dangerous Bonfires

If a bonfire is left unattended or is dangerous then contact Essex Fire and Rescue Service.
Refer to Essex Fire and Rescue Service

 

Highways

If smoke drifts across the highway where it causes or might cause an accident, this is potentially an offence under the Highways (Amendment) Act 1986.  There is a maximum penalty of £5,000 for this offence and could result in possible private action for damages by people who suffer loss or harm due to the smoke.
Refer to Essex Police

 

Clean Air Act 1993

Prohibition of Dark Smoke from Chimneys

It is an offence to emit dark smoke from the chimney of any building (including houses).  Maximum fine of £1000 for a private dwelling and £5000 for an industrial or trade premises.  Refer to Environmental Health Team

 

Prohibition of Dark Smoke from Industrial and Trade Premises other than from chimneys (Bonfires)

It is an offence to emit dark or black smoke or burn material that is likely to give rise to dark or black smoke on industrial and trade premises or on premises not so used but if burnt in connection with any industrial or trade process.  If a bonfire is producing or likely to produce dark or black smoke by the burning of trade or commercial waste, then the persons responsible may be liable to fines.  The Council does not need to serve a notice first. Refer to Environmental Health Team

 

Cable Burning

It is an offence to burn insulation from a cable with a view to recovering metal from the cable.  The persons responsible may be liable to fines of up to £5,000.  The Council does not need to serve a notice first. Refer to Environmental Health Team

 

Control of Grit and Dust from Furnaces

Furnaces used in buildings require plant for arresting grit and dust which has been approved by the Local Authority and be properly maintained and used. Refer to Environmental Health Team

 

Chimney Heights

In relation to chimneys from these furnaces, the occupier of a furnace of a building or the person having possession of any fixed boiler or industrial plant outside of a building, must not use that furnace unless the height of its chimney has been approved by the Council and any conditions of approval are complied with. Refer to Environmental Health Team

 

Smoke Control Areas

The main purpose of a smoke control area is to reduce pollution from domestic chimneys within the district by prohibiting the burning of fuels such as coal and wood on open fires. Smoke control legislation does not apply to garden bonfires.

There are no smoke control areas in Castle Point.

 

Environmental Protection Act 1990

Statutory Nuisance

If the smoke, fly ash or gritty particles associated with a bonfire cause a nuisance to others then this is a statutory nuisance under the Environmental Protection Act 1990.  The Council can serve a notice to abate the nuisance and/or prevent it from happening again.  If the person responsible does not comply with the notice then they can be fined. Refer to Environmental Health Team

 

Burning of Trade Waste (Duty of Care)

Sections 33 and 34 of the Environmental Protection Act 1990 are enforced by the Environment Agency.  It is possible to gain an exemption certificate for the burning of the following materials:

Plant Tissue; Sawdust, shavings and cuttings from untreated wood only; and Waste bark and wood

Refer to Environment Agency (although there may well be offences committed under the Clean Air Act and it may cause a statutory nuisance so also Refer to Environmental Health Team)

     

Burning of Crop Residues

The burning of certain crop residues are exempted under certain circumstances.  There are however detailed restrictions on allowable burning and notice must be given to the Council and occupiers of any adjacent premises. Refer to Environmental Health Team

Contact the Environmental Health Team

Please contact us on 01268 882200 or alternatively email us