Forum Topic

Bonfires - again

Local builder (there are many, as you know) was burning furiously in the back garden yesterday.I have come back from shopping today to find my porch (before I even get inside) full of the stench of smoke.  I have been over to talk to him and he says he has been told by his 'contact inside the Council' that it is okay to burn whatever he wants as long as he keeps the bonfire contained - so that is what he is doing - burning a huge pile of what would reasonably gone off in a skip on a continuous, but contained bonfire.The bonfire, if we are splitting hairs, is inside a container.What information is going out and from/by whom?He has put the fire out whilst he rings his contact back to check if he can carry on and he expects to be given the same information - that it is okay to continue.I cannot open any windows or doors or put out my washing and the smoke is still coming into the house through cracks.How much does a bonfire wreck the environment?  I mean, I can smell it but it is still in the atmosphere for quite a distance and being breathed in even if people aren't aware of it directly.   :-(Somebody needs to sort out quality of advice and information being given out.  If this advice is wrong, then will somebody call the person/department to account?How much financial loss is a direct result of incorrect information?  We see all this publicity about loss to public finds because of incorrect benefits being claimed.Maybe I am wrong and maybe the environment can sustain 8.00am to 6.00pm bonfires and as a Borough resident it is just something we have to put up with.I have rung customer service because if I ring and log a complaint they will send me a letter next week and by then most of it will have been burnt.Can anybody see the sense in having a duel response system which takes on board some things have to be dealt with straight away?  I would hope (have said it so many times) that it would be self funding as if the response finds a bonfire or pile of rubbish (etc etc etc etc and etc) closing down a footpath, you fine for costs straight away.

Sarah Felstead ● 6332d13 Comments

Sarah,You know what I'm going to say - why do you seemingly automatically believe these random people when they imply to you that either they've been given the green light to do something by the Council or have some kind of dodgy deal with a Council employee ?.  I'm not a Council employee but I find it genuinely strange why someone would reach such conclusion when every logical cell in my brain immediately suggests that these 'local builders' are spinning a yarn simply to cover their own backs.As for the environmental box within the planning process, firstly as of Monday every Council is now using a standard planning application form/template.  However the fundamental problem with an 'environmental box' is who is actually going to enforce this ?.  The problem remains that under national planning legislation your concerns about bonfires are not breaches of planning control, so no Council can take any action under planning legislation against them - if a Council served an enforcement notice or even a breach of condition notice because waste was being burnt on site instead of removed by some other process, I assure you any legal proceedings would be thrown out of court, in fact they wouldn't even get that far.That leaves the enforcement of such concerns to the same departments that currently deal with it, i.e. Pollution, Environmental Health etc, so nothing would have improved or changed.I'm not trying to be difficult, just trying to clarify the facts of what the planning process can & can't cover.

Adam Beamish ● 6318d

http://www.ealing.gov.uk/services/environment/pollution/air_pollution/bonfires/index.htmlHere for your information and for comparison is what the London Borough of Ealing website says:(Take particular note of the last paragraph but one.)"BonfiresEvery year Ealing Council receives a number of complaints about bonfires causing a nuisance. Many of these complaints could be avoided if some simple steps are first taken and consideration shown to neighbours. Smoke from bonfires causes severe distress to sufferers from respiratory and certain other diseases, and may give rise to serious nuisance to those who wish to rest or to dry laundry in their gardens. It also tends to nullify the beneficial effects obtained by the reduction of domestic smoke resulting from the operation of smoke control orders.What the law says about bonfires Bonfires are not specifically prohibited by the Environmental Protection Act, even in Smoke Control areas, but Section 79 of the Act provides that such smoke shall, if it is prejudicial to health or a nuisance to the inhabitants of the neighbourhood, be deemed to be a statutory nuisance for the purposes of the Act. Offenders may be liable on summary conviction to a fine not exceeding £5,000 (£20,000 for industrial, trade or business premises).The Environmental Protection Act 1990 allows local councils to take offenders to court should their bonfires cause a nuisance to neighbours such as have an unreasonable effect on their enjoyment of their home or garden. It also allows the council to take action if a bonfire on trade premises causes dark smoke. This is an offence, regardless of whether anybody else is affected, under section two of the Clean Air Act 1993, and to fine up to £20,000 for each offence.  Anyone complaining to the council will likely be asked to keep a diary of events to assist officers investigating the matter.Occupiers of premises, both in smoke control areas and elsewhere are urged to observe the following simple conditions, before lighting fires in the open: never light a bonfire unless you are satisfied that weather conditions and wind directions are such that any smoke or ash will be carried away from your neighbours' windows and gardens. Make sure that there is no laundry drying in any adjoining gardens only burn natural and untreated material which is dry enough to be burned quickly and with a minimum of smoke soft vegetable waste and grass cuttings etc which are difficult to dry, should be composted or buried. do not burn oily rags, rubber and other materials likely to produce heavy or pungent smoke do not leave your fire to smoulder for long periods and never leave it unattended. Hose it down until the bonfire is ‘cold’ before you leave it advise neighbours before you light a bonfire burn material quickly in small quantities so that a minimum amount of smoke is created choose your bonfire site carefully, well away from trees, fences and windows. Beware of attempting bonfires on very windy days as they can easily get out of control. Have a hosepipe or buckets of water handy, just in case rake the ashes when cold into the soil as a useful fertiliser. Small pieces of charcoal can be included, but larger pieces should be picked out first If, in spite of taking the above precautions, your bonfire smoulders, put it out and wait for the material to dry before starting another bonfire. Generally speaking, bonfires which smoulder away and smoke for long periods, especially when wind and weather conditions are unfavourable, are those most likely to give rise to complaint, and are those which might be dealt with as nuisances in accordance with Section 80 of the Environmental Protection Act.Dark smoke (as defined by law) emitted from 'bonfires' on commercial premises (including construction and demolition sites) is prohibited, with a penalty of up to £20,000.Leaflets A leaflet about bonfires is available in pdf format."

Philippa Bond ● 6327d

Oh dear, I'm sorry to hear that. It sounds quite unpleasant.What I don't understand is, if this is permitted, what's to stop every moron with a mattress or old sofa or pile of newspaper from doing this? In my experience, it takes £25 and a month's wait to arrange for the Council to collect and dispose of a mattress. That's if you're determined not to be a flytipping idiot, which is free and immediate, as is a bonfire.The whole complaints issue is very irritating. I have come to believe that, since they've started to funnel all their calls through reception (which means it is rare to speak with someone who can actually solve your problem), the way of coping with all the calls from dissatisfied people who require resolution is to suggest that they make a complaint. There doesn't seem to be any other way of actually resolving anything.Early this year the Council cancelled work on our block of flats when they were actually just temporarily unable to gain access (thanks Thames Water). I don't know, maybe there's no box to tick in their computer files to say "We couldn't do it at the time but will do it later." As a result, when I rang to ask why it hadn't been done, first they said it had, then they said they'd have to put it to the bottom of the queue. Instead of seeing reason and just bumping it back up to the top of the list (we should have been next in line as soon as they could gain access) they advised me that we would have to wait another month or two and - yes - that I could make a complaint. The result was that they just bumped us up to the top of the queue and did the job, but having to make a complaint to get it done couldn't have been very cost effective and it was irritating.

Holly Hodges ● 6332d