What does the law say? How to complain There is common misconception that there are If bothered by smoke, first approach your specific byelaws that prohibit garden bonfires neighbour and explain the problem. You might or specify times they can be lit. This is not the feel awkward, but they may not be aware of the BONFIRES case - it is not illegal to have a bonfire. In the distress they are causing and it will hopefully following circumstances the local authority may make them more considerate in the future. Do’s...Don’ts... take legal action. If this fails contact the District Council’s and the Law The Environmental Protection Environmental Health team on 01609 779977 Act 1990 who will take details of your complaint and Places a duty on local authorities to investigate make sure you get correct advice for the type of complaints of a statutory nuisance which problem reported. Depending on the nature of includes “smoke, fumes or gases emitted from the complaint an officer may decide to visit; try premises so as to be prejudicial to health or a and contact your neighbour by phone or send a nuisance.” This can be applied to both lettter advising of the complaint and providing domestic and commercial premises. information on the law. Your details will be kept confidential but if your complaint is a recurring In practice, to be considered a statutory problem you may be asked to keep a diary of nuisance, a bonfire would have to be a events to assist officers investigating the matter. reocurring problem, or interfering substantially with someone’s well being, comfort or enjoyment of their property. If the council is satisfied a nuisance exists an abatement notice can be served prohibiting future nuisance for which fines of up to £5,000 or £20,000 For further information contact: for business can be imposed. The act also allows the public to take private action in the magistrates court. Highways Act 1980 Hambleton District Council Environmental Health Service, Civic Centre, Anyone lighting a fire and allowing smoke to Stone Cross, Northallerton DL6 2UU drift across a road faces a fine if it endangers 01609 779977 traffic. Please contact the police if this is [email protected] the case. hambleton.gov.uk This information is available in alternative formats and languages © Communications Unit HDC 2015 (1) What does the law say? How to complain There is common misconception that there are If bothered by smoke, first approach your specific byelaws that prohibit garden bonfires neighbour and explain the problem. You might or specify times they can be lit. This is not the feel awkward, but they may not be aware of the BONFIRES case - it is not illegal to have a bonfire. In the distress they are causing and it will hopefully following circumstances the local authority may make them more considerate in the future. Do’s...Don’ts... take legal action. If this fails contact the District Council’s and the Law The Environmental Protection Environmental Health team on 01609 779977 Act 1990 who will take details of your complaint and Places a duty on local authorities to investigate make sure you get correct advice for the type of complaints of a statutory nuisance which problem reported. Depending on the nature of includes “smoke, fumes or gases emitted from the complaint an officer may decide to visit; try premises so as to be prejudicial to health or a and contact your neighbour by phone or send a nuisance.” This can be applied to both lettter advising of the complaint and providing domestic and commercial premises. information on the law. Your details will be kept confidential but if your complaint is a recurring In practice, to be considered a statutory problem you may be asked to keep a diary of nuisance, a bonfire would have to be a events to assist officers investigating the matter. reocurring problem, or interfering substantially with someone’s well being, comfort or enjoyment of their property. If the council is satisfied a nuisance exists an abatement notice can be served prohibiting future nuisance for which fines of up to £5,000 or £20,000 For further information contact: for business can be imposed. The act also allows the public to take private action in the magistrates court. Highways Act 1980 Hambleton District Council Environmental Health Service, Civic Centre, Anyone lighting a fire and allowing smoke to Stone Cross, Northallerton DL6 2UU drift across a road faces a fine if it endangers 01609 779977 traffic. Please contact the police if this is [email protected] the case. hambleton.gov.uk This information is available in alternative formats and languages © Communications Unit HDC 2015 (1) Every year complaints What’s the alternative? DO about bonfires causing a smoke and smell nuisance only burn dry material are investigated by advise your nearest neighbours before environmental health staff. you light a bonfire This leaflet explains the law burn material quickly in small quantities and provides suggestions to so the minimum amount of smoke is help prevent a nuisance. created - an incinerator makes this much easier What is wrong with a bonfire? Hambleton have alternate weekly collections choose your bonfire site carefully, well Bonfires can cause problems for your neighbours away from trees, fences and windows. in the following ways: for garden waste with most households provided with a bin to take grass cuttings, Beware of attempting to light bonfires smoke and smell can be unpleasant and hedge clippings, small branches, bark, on very windy days and have a hose pipe affect the enjoyment of their homes and windfalls, plants and weeds for recycling or buckets of water handy gardens. It can alter behaviour such as Some household waste - newspapers, choose the time of day and weather closing windows or drying washing indoors. conditions that will cause the least One off occasions will usually not cause magazines and plastic bottles - can be recycled through the kerbside box and bag inconvenience to neighbours and try to problems but having bonfires frequently can avoid bank holidays and weekends cause a nuisance or be prejudicial to health recycling schemes bonfires release gases including carbon There are numerous household waste DON’T monoxide, dioxins and particulates which recycling centres across the district where burn damp grass clippings or ‘green’ are harmful to people and the atmosphere textiles or non recyclable items can be taken. material as this creates thick smoke and can become ingrained in clothing and These sites - managed by North Yorkshire furnishings County Council (0845 8727374) can be burn oily rags, rubber, and plastics which found at: create heavy smoke or toxic fumes smoke can aggravate breathing for asthma, Yafforth Road, Northallerton bronchitis sufferers and young children; or Ellerbeck Court, Stokesley light a bonfire when your neighbours are cause problems for individuals with heart Tutin Road, Leeming Bar Industrial Estate drying washing, are out enjoying their conditions Oxmoor, Plantation Lane, Sowerby gardens or have windows wide open plastics or rubber Tholthorpe, Flawith Lane light bonfires one hour before dusk, or give off a cocktail of Collection of bulky refuse direct from a leave them burning overnight as smoke pollutants some of which property can also be pre-arranged - there is a hangs in the air on damp, still days and may be toxic - even if charge for this service in the evening the imminent health leave your fire to smoulder for long risk is slight the bonfire For further information on recycling and composting contact Hambleton periods and never leave a fire unattended will add to general air - douse it with water if necessary pollution levels District Council on 01609 779977. Every year complaints What’s the alternative? DO about bonfires causing a smoke and smell nuisance only burn dry material are investigated by advise your nearest neighbours before environmental health staff. you light a bonfire This leaflet explains the law burn material quickly in small quantities and provides suggestions to so the minimum amount of smoke is help prevent a nuisance. created - an incinerator makes this much easier What is wrong with a bonfire? Hambleton have alternate weekly collections choose your bonfire site carefully, well Bonfires can cause problems for your neighbours away from trees, fences and windows. in the following ways: for garden waste with most households provided with a bin to take grass cuttings, Beware of attempting to light bonfires smoke and smell can be unpleasant and hedge clippings, small branches, bark, on very windy days and have a hose pipe affect the enjoyment of their homes and windfalls, plants and weeds for recycling or buckets of water handy gardens. It can alter behaviour such as Some household waste - newspapers, choose the time of day and weather closing windows or drying washing indoors. conditions that will cause the least One off occasions will usually not cause magazines and plastic bottles - can be recycled through the kerbside box and bag inconvenience to neighbours and try to problems but having bonfires frequently can avoid bank holidays and weekends cause a nuisance or be prejudicial to health recycling schemes bonfires release gases including carbon There are numerous household waste DON’T monoxide, dioxins and particulates which recycling centres across the district where burn damp grass clippings or ‘green’ are harmful to people and the atmosphere textiles or non recyclable items can be taken. material as