Lewes District Council

Smoke Nuisance

If you are planning to light a bonfire, or if you want to complain about a neighbour causing a nuisance with smoke, we offer the following advice and guidance.

There are no laws or by-laws prohibiting or restricting bonfires, but there are laws concerning the effects of smoke, smell and ash from bonfires and other combustion processes.

Before burning anything in the garden it is courteous to inform your neighbours. Allow them time to remove washing from lines or close windows to their homes.

Having a bonfire on a regular basis is not encouraged. Building contractors should never burn rubbish on site, as it is an offence to burn trade waste. It should be removed by a licensed contractor, who will issue the building contractor with a waste transfer note.

Guidance

Residents should not burn substances that cause noxious fumes or dark smoke. These may be considered a statutory nuisance under the Environmental Protection Act 1990 by an Environmental Health Officer or be considered an offence under the Clean Air Act 1993, which will always be followed by formal action.

Never burn:

household refuse
rubber tyres
bonded woods such as stirling board, plywood or melamine panels
anything containing plastics
foam
paint

Only burn dry organic material, such as diseased wood. Never use old engine oil, methylated spirits or petrol to light the fire or accelerate it. Wherever possible, avoid burning waste and take it to your local amenity tip in Lewes, Newhaven or Seaford.

Do not start a fire when air quality in your area is poor and weather conditions unsuitable. Smoke hangs in the air on damp, still days and in the evening. If it is windy, smoke may be blown into neighbour's gardens and across roads.

Avoid burning at weekends and on Bank Holidays when people want to enjoy their gardens. Never leave a fire unattended or leave it to smoulder - douse it with water if necessary.

Choose the bonfire site carefully, well away from trees, fences and windows. Have a hose-pipe and buckets of water handy just in case things get out of control.

The ashes, when cold, can be raked into the soil as a useful fertiliser once the fire is out and cool. This will help avoid them blowing into neighbouring gardens.

Making a complaint

The Environmental Protection Act 1990 allows us to take offenders to court should their bonfires cause a nuisance to their neighbours. A bonfire should not have an unreasonable effect on their enjoyment of other people's homes or gardens.

We investigate reports of smoke, although not every incident is classed as a nuisance. We can and will act where appropriate, but this usually occurs when there are frequent nuisance events. If you make a complaint you will be asked to keep a written record of events when fires take place. This helps us to investigate the matter.

Any bonfire on trade premises which causes dark smoke is an offence regardless of whether anybody else is affected. This includes private dwellings where a contractor is employed. This offence falls under the Clean Air Act 1993. Fines of up to £20,000 can be made for each offence.

If you wish to make a complaint, or would like some advice, please contact the Public Health Team on 01273 484354.

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Smoke Nuisance

Guidance

Never burn:

Making a complaint