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Petal

Is there some sort of environmental law for this?

Petal, 2 September, 2009 at 11:15 Posted on Off Topic Posts 0 5

Out the back of our house is a builders yard. It is quite small and they use it for storage mainly. I don't often see people in there. They come and go about once per day during the week.

Anyway, over the past few months they have been using the yard to have regular bonfires on almost a daily basis during the week (I am assuming they are burning left over rubbish from jobs they have done). They use a large metal 'container' type thing to burn with but it is open fronted and faces directly towards our house (and is probably about 10 metres from the end of our back garden fence). I don't have an issue with them burning bonfires per se (if it was limited to once a week) but this has been going on nearly every day and is really beginning to grate at me now. Firstly because I have to ensure that all the windows are kept closed during the day which isn't great when it is hot and sunny and I can't sit in my garden either because I get smoked out. Plus I can forget hanging any washing outside. One time, I went out, left the windows open not realising they were going to burn. It was particularly windy that day and when I came home the whole of our house was full of smoke and ashes from their bonfire. It took me nearly a week to get the whole house smelling normal again which was so frustrating and quite upsetting when I had just cleaned everything the day before. Then the other night I was laying in bed and I could smell smoke. I got up to use the loo and looked out our back window and there was a fire burning - at 1am in the morning! ? Surely that is wrong and they can't do that? Luckily they do not burn at the weekends but as their burning is becoming more and more frequent I'm worried it could start to happen. Is there some sort of environmental law whereby they are only allowed to burn a certain amount per week, at certain times or a certain type of thing only? I'm not sure what stuff they are burning, lots of wood but not sure what else is going on their bonfires. It worries me. Especially since I'll have a newborn in the house shortly (am currenly 39 weeks pregnant).

Any ideas? Is it worth saying something to the council? Or can they do whatever they like on their land?

Thanks for your help. x

5 replies

Latest activity by Hercule Poirot, 2 September, 2009 at 16:33
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    bobbly1 ·
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    If it were me, I would give my local environmental health office a call to see. (usually based at your local council offices)

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    Beginner
    Headless Lois ·
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  • Zebra
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    Zebra ·
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    It depends where you live but yes, but I am sure there are restrictions and its definitely frequent enough that it's causing you nusiance so EH should have something to say!

    You're a lot more patient than I would have been - I remember once in London one of the neighbours created a massive bonfire and my God, the other neighbours gave him what for!

    I couldn't blame them though, he'd stunk out everyone's washing. And it was a hot day with everyone sitting relaxing outside in the sun and they'd completely smoked out gardens 3 or 4 houses up on each side with horrid acrid smoke. GOKs what they'd burnt.

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  • Petal
    Petal ·
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    Thanks all for your help. I have spoken to EH and they have said initially to keep a diary (I can back date if necessary) of all the times they are burning and approach them to request to limit it to a certain number of days and/or times. If this doesn't work then they will get onto them. Apparently it is ok for them to be doing it (as long as they aren't burning anything hazardous - smoke is grey and not black therefore that is ok) but if it is frequent (which it is) then it is classed as a 'public nuisance' so EH can do something about that. As long as I have some proof this is what they are doing i.e. the diary and they don't listen to our request after we approach them EH can take it up from there.

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    pi* ·
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    According to the environmental protection website, as its comercial not residential waste they are in breach of the Clean Air Act 1993 as they are not burning waste which originates from the site:

    https://www.environmental-protection.org.uk/assets/library/documents/Bonfires_leaflet_Oct07.pdf

    Probably worth approaching them amicably first though and trying to get it sorted out but could be a useful fall back if you need to talk to EH again.

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    Hercule Poirot ·
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    Hi Petal,

    If they are transporting waste materials to and from the site they also need to be registered as a waste carrier - you can check if they are on the Environment Agency website:

    http://www2.environment-agency.gov.uk/epr/search.asp?id=EP8&&type=register

    I hope this gets resolved.

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