burning rubbish

Discussion in 'Finance, Property, Law' started by Poppy, May 26, 2013.

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  1. not sure if this should be in Law forum rather than here?

    does anyone know the law on garden bonfires? neighbour 2 doors down is burning garden rubbish and naturally being a sunny day I have all the windows open - now have a flat which stinks of smoke!!!!!!! I have tracked down the person and asked him to put it out and he seemd surprised but said he will do it another time.....

    I'm sure it can't be legal to burn rubbish in such a densely populated area but does anyone know if it happens again who I would report it to?
  2. EA 90 statutory nuisance. Local authority environmental health
    • Like Like x 1
  3. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    its one of those not before dark and make sure no one objects kind of bylaw as I understand it unless they've changed it all recently.

    which also means you are quite correct in complaining about a stinky bbq when a neighbour is too lazy to move it away from the house or check the wind.
  4. Apart from your username, the rest is of course rubbish ( excuse the pun)
  5. (My fellow) drain sniffer is quite correct. If it is only garden waste from their own garden, the relevant law is in the Environmental Protection Act 1990 (statutory nuisance). This is enforced by the very nice environmental health people at your District Council.

    Essentially, their actions have to materially affect your right to enjoy your property. If you complain, it's likely a very soft standard letter will be sent, and you'll be asked to keep records of any future bonfires. If they do continue, your records will be used as evidence (probably in addition to other evidence) to determine whether a statutory nuisance exists. If it does, the Council must serve an abatement notice which will probably require them to cease having bonfires. If they ignore the notice, they commit a criminal offence.

    Best starting point is to search "bonfires" on your local Council's website.
  6. I feel for you Poppy. The bloke who backs onto our house not only concreted over his entire back garden (which, if permissible, is certainly a crap idea) then proceeded to burn a whole fecking sofa last year.

    Without giving a definitive description of this person, let's just say that if anyone complains he plays the race card.
  7. I dont believe the EA has a dispensation for a persons skin colour.....
  8. The pikeys burn tyres (and any flora or fauna within 10m) around my neck of the woods and the council don't give a shit. They could probably get away with tipping nuclear waste into the Nene. Oddly, they don't seem to burn much in the way of 'rubbish'. That just gets lobbed over the site fences.
  9. The law is there. If the LA choose to ignore it.......
  10. It's more a case of 'selective ignorance' than choice.
  11. Bide your time till the said offender is away on holiday then post a kipper/maggot bomb.
  12. spike7451

    spike7451 RIP

    I know your pain Poppy..I have a shared garden,being in a block of four flats (the downstairs occupants are responsible for the front ones) & my chav neighbor never cuts his half,only when we've had the council out a number of times & gotten the odd threatening letter will he pay the local gardener to do it..
    He often has bonfires in the middle of his lawn &,considering the grass & weeds are literally thigh high,it makes an unholy mess!..