Why are bonfires seen as a problem?
Nuisance
The smoke and smell from a bonfire can upset neighbours, ruin enjoyment of the garden, prevent people opening their windows or hanging out their washing.
Health Effects
Even apparently harmless garden waste can emit poisonous substances when burned. For example carbon monoxide, tars and other toxic irritants can be produced. These are damaging to both the local environment and to human health. Asthmatics, people with heart or lung complaints, the very young and the elderly are particularly at risk from this kind of pollution.
Air Quality
South Hams Council is working hard to maintain and improve air quality throughout the district. Good air quality is essential for this area for health, environmental and economic reasons. If you want to know more about the South Hams Air Quality Strategy contact the Environmental Health department at Follaton House.
Road Safety
Smoke from a bonfire can cause a danger if it reduces visibility on nearby roads.
Wildlife
Hibernating mammals and reptiles often use garden waste piles as a refuge. Many are killed in garden bonfires.
What is the legal position on bonfires in the South Hams?
There are no specific laws against having bonfires in the South Hams.
However if a statutory nuisance is being caused by bonfires, then legal action to prevent such a nuisance can be taken under the Environmental Protection Act 1990. For bonfires to be classed as nuisances they would have to be a regular problem and to be interfering substantially with someone’s well being, comfort or enjoyment of their property. Probably several bonfires would have to arise from the same property. (It is difficult to take nuisance action in situations where people are bothered by a series of bonfires from different properties but in which any one property only has occasional bonfires).
What should you do if you are bothered by bonfires?
If a neighbour causes problems with regular bonfires, it is often best to approach them first and talk the problem over people are often not aware that they are causing a problem.
You can also contact the Environmental Health Service. Environmental health staff can investigate the complaint on your behalf. They may be able to mediate and bring about an informal solution to the problem, or if they observe that a statutory nuisance is being caused they will be able to issue an Abatement Notice.
If smoke is reducing visibility on a highway, contact the Police who have powers to deal with this situation. The Police enquiries telephone number is 08452 777444.
What alternatives are there to bonfires?
Compost-making.
For more information on composting and other methods of dealing with garden waste, please see the waste management section of this web site.
Shredding
You can hire a shredder (perhaps for a weekend between a few households) which can help to convert garden waste into a mulch that can either be used immediately or as the basis for an excellent compost. Look in the yellow pages under ‘Hire’ to find a company which supplies shredders.
How can I reduce the likelihood of complaints about my bonfire?
- Let your neighbours know in advance if you must have one. It gives them a chance to close the doors and windows or bring the washing in.
- Make sure the location of the bonfire is not too close to neighbours buildings or fences.
- Think about the weather conditions. Which way is the wind blowing? Is it a strong wind?
- Think about the time of day. Avoid the day time and early evening when people are enjoying their gardens.
- Burn only dry materials
- Do not burn
Plastic
Electrical Cable
Freshly cut vegetation
Wood with paint or preservatives
Tyres
Rubber
What if the bonfire is burnt on Commercial Property?
If Trade Waste is being burnt this may come under the jurisdiction of the Environment Agency.
