Bonfires

Top

Last revised: 22 April 2008

There are no relevant byelaws controlling bonfires in the Kennet District.

Residents may have domestic bonfires at any time of the day although they are discouraged by the Environmental Health Department due to the likely effects they may have on neighbours and the environment. No burning may emit dark smoke at any time.

Rather than burning your waste, we recommend recycling your unwanted household and garden waste at your local Household Recycling Centre.

More details about HRC's in Kennet.

The burning of any sort of plastic or rubber is extremely hazardous due to the release of carcinogenic dioxins. It is also a breach of the Clean Air Act. Environmental Health Officers can therefore take action against the burning of these materials.

Section 80 of the Environmental Protection Act 1990 enables the Environmental Health Department to take statutory action on smoke emitted from individual premises so as to be prejudicial to health or a nuisance. For bonfires to be classed as a statutory nuisance the burning must take place at least once a week over a period of several weeks. Abatement notices may be served once any nuisance has been proven on the person responsible for the nuisance or the owner/occupier of the premises concerned.

Failure to comply with the notice may result in prosecution proceedings being implemented by this department which may ultimately result in a fine up to £5,000

.

Notwithstanding the law in relation to statutory nuisances, legislation exists governing the burning of waste materials on trade premises which are as follows:

Section 2 of the Clean Air Act prohibits any burning of materials on any industrial or trade premises which is likely to give rise to the production of dark smoke. Any person who causes or permits the emission can be prosecuted, with a maximum fine of £5,000 upon conviction.

The burning of certain other waste materials is prohibited under Section 33 of the Environmental Protection Act and is enforced by the Environment Agency with an unlimited fine or 5 year prison sentence upon conviction.

We have a FREE leaflet on Bonfires. If you would like a copy please contact Environmental Health

Burning of Trade Waste or on Commercial/Trade Premises

Builders and demolition companies may burn clean waste on site provided it is strictly material generated on site and it does not cause either a nuisance to adjoining premises or affect visibility for passing traffic.

They must not burn material that generates dark smoke or any controlled waste.

It is illegal for any business to dispose of its trade waste by burning.  All waste must be removed by a licensed contractor.

The disposal of trade or controlled waste by burning now carries a penalty of up to 5 years in prison and/or an unlimited fine.  This legislation is enforced by both Local Authorities and the Environment Agency.

Contact

Environmental Health Department
kennet@kennet.gov.uk
01380 724911

Environment Agency
01258 456 0870
www.environment-agency.gov.uk (External link)