MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
What's the legality on this?
I've a neighbour right now who's got a towering inferno going on in their back yard at 9:45pm. Legal or unacceptable? Should I be morally outraged?
Get the Marshmallows out.
Do him a favour. Call the fire brigade.
Pray for the hedgehogs.
in what way is it causing a (statutory) nuisance?
Kryton57 - Member
Get the Marshmallows out.
Maybe take a few beers over aswell.
Pics? I love a fire
in what way is it causing a (statutory) nuisance?
If I knew that I wouldn't be asking. My house currently stinks of smoke if that's any help.
It smells like woodsmoke, but they've got previous. They've burned all manner of toxic-smelling shit before now. They never put out recycling so going by that and the smell then I think they burn off their old plastics.
Reason I asked now is it's the the first time I've seen it climbing over two garden walls (they're next door but one).
Pics? I love a fire
[img] 
[/img]
In my opinion it is blummin' antisocial to be burning large amounts at this time of night. Yes, I do have the occasional small bonfire but check all the surrounding gardens in case anyone is drying laundry.
dont think its actually illegal to have a fire at any time of the day contrary to what most people believe (not before 6), but it IS an offence to cause nuisance to neighbours.
[url= https://www.gov.uk/garden-bonfires-rules ]EDIT[/url]
If they were burning it in the day you'd be moaning about washing/the children/won't it cause a pile-up if the traffic can't see for smoke etc...
A man's gotta burn stuff.
Id put it out if I was called out to that..... just because I can 😉
If I knew that I wouldn't be asking. My house currently stinks of smoke if that's any help.It smells like woodsmoke, but they've got previous. They've burned all manner of toxic-smelling shit before now. They never put out recycling so going by that and the smell then I think they burn off their old plastics.
Reason I asked now is it's the the first time I've seen it climbing over two garden walls (they're next door but one).
OK - you've told us a bit more...
1. it doesn't sound like you are particularly worried about the fire risk, that would probably be the only grounds for getting it dealt with now.
2. depending what they are burning they might be committing an offence, IIRC (in England) it will be the Environment Agency that enforce that - getting them to come out to an ad hoc fire in the evening might be hard work.
3. it sounds like it is a frequent occurrence, in that case it could be a statutory nuisance which is enforced by the local authority - probably the same team that deal with noise problems so they will likely be staffed in the evenings. Keeping a log of the issues would be a starting point, and talking to them in office hours about the process.
Assuming of course you want to fall out with the neighbours over this!
1. it doesn't sound like you are particularly worried about the fire risk, that would probably be the only grounds for getting it dealt with now.
No, I don't think it is, not least because there are people in the yard.
2. depending what they are burning they might be committing an offence, IIRC (in England) it will be the Environment Agency that enforce that - getting them to come out to an ad hoc fire in the evening might be hard work.
Hilariously, I've been here before.
http://singletrackworld.com/forum/topic/yard-fires-legal
This lot were burning commercial waste. The advice was to ring the EA, and the EA told me they'd investigate and to ring every time there was an infraction. I rang 15 times over a 12-month period and they finally stopped doing it (when I was around to witness it at least) back in January.
For added luls, they started up again tonight too
3. it sounds like it is a frequent occurrence, in that case it could be a statutory nuisance which is enforced by the local authority - probably the same team that deal with noise problems so they will likely be staffed in the evenings. Keeping a log of the issues would be a starting point, and talking to them in office hours about the process.
Yeah, I need to do that - I was really just asking whether it was acceptable / legal or not.
Assuming of course you want to fall out with the neighbours over this!
Oh, I've already fallen out with them over their previously documented failure to look after animals.
Smoke (rather than the fire itself) CAN be a statutory nuisance. s79 of the Environmental Protection Act. But it will depend on the circumstances, frequency, what is being burned etc, i.e. how bad it is and therefore if it is "interference that ordinary decent people would consider unreasonable with the personal comfort or enjoyment or amenity of neighbours or the community".Yeah, I need to do that - I was really just asking whether it was acceptable / legal or not.
Scottish case law defines it as " a set of physical circumstances that are more than can be reasonably tolerated". So one might say if it were once a month, not on particularly hot days/nights and you would be unaware with the windows closed, it would be tolerable. If it were weekly and so strong you can smell it with doors and windows shut then clearly it is not.
Still going strong at midnight. Just bobbed out now at 1am, it's out but there's an acrid stench in the air. It's not plastic but in the same area, burnt gloss paint maybe?
When I saw your first post I thought you had posted on this subject previously - and you confirmed above.
I would say there are grounds for a complaint under statutory nuisance; may also be in contravention of local bye-laws.
A word with environmental health, fire service & local councillor might be useful.
Gloss paint burns with a lot of black smoke, it smells and will continue burning for some time.
Are these the same neighbours who built some sort of oversized dovecote or pigeon cree as I seem to recall you posting about that some time ago and you raised some questions about cultural or ethnic norms?
On reflection It's not gloss paint, I can't quite put my finger on what it is. 2am, the kitchen still stinks though.
The DIY pigeon thing I got a kicking over was a different neighbour. This was the one with the rabbit.
I've history here - we have had about half a dozen fairly substantial fires in our garden over last three years as we have cleared half a forest. It's only ever been wood, in the day, but they have been *ahem* rather *ahem* large at times...
It's shit but it sounds like it's rare and you'd probably be best just ignoring it.
I guess this one got out of control:
Local authority Environmental health as well as EA. EA policy is that fires like this aren't any kind of priority, cuts etc etc.
If you spot them bringing stuff to burn then that is a different matter and might get a better response from the EA.
Importing waste into the yard (e.g. From their business or collecting it from other people) then burning it on a regular basis would be the remit of the EA as it's an illegal waste management activity. You can register a waste exemption which allows you to burn wood but that's only for trees and bushes you've felled/cut down from the land you are doing the burning on, not treated/painted wood.
If they are burning their own household waste it would be the council as you are allowed to burn your own waste as long as it's not causing a statutory nuisance. It sounds like it is causing a statutory nuisance but it has to be witnessed by a council officer, normally an EHO.
Nothing sensible to add but to say, my heart sank when I saw 'yard fire' expecting one of those faux Yank posts c/w mom and trunk and suchlike probly by a bloke from Barnsley or somesuch...
How happy I am to find it's Cooogarrr and it's 'yard' in the Northern sense. Excellent, now for the follow on 'back passage' discussion 🙂
How happy I am to find it's Cooogarrr and it's 'yard' in the Northern sense. Excellent, now for the follow on 'back passage' discussion
I think you meant 'ginnel'.
I think you meant 'ginnel'
Indeed but unfortunately, the double entendre doesn't work quite so well 😉
It's not a "statutory" nuisance as there's no such thing. If it affects a large number of people it could be a public nuisance, which is where it will be investigated and if appropriate enforced by a public body (e.g. the EA).
However, it can still be (and, by the sounds of it, is) a private nuisance, the definition of which is where an activity constitutes an interference with the use and enjoyment of your property. Defining a nuisance is very much like describing an elephant to a blind man - difficult to describe but you know it when you see it. Whether or not an act constitutes a nuisance is a matter of fact and degree - for example, one single bonfire might not, but regular daily fires may well. The fire itself does not have to be illegal to constitute a nuisance - the fumes and/or smoke of a perfectly lawful fire may still be a nuisance to those in their path.
The law says there has to be be some 'give and take' - it is all about reasonable user of land; so, as I say, the occasional fire of wood/garden products probably isn't going to be a nuisance, but regular waste fires which give off noxious fumes might well be. Again, timing may make an otherwise lawful activity a nuisance - in this case starting a fire at nearly 10pm is likely to be more unreasonable than reasonable IMO.
It's not a "statutory" nuisance as there's no such thing
Wrong, so wrong. See Part III of the Environmental Protection Act 1990 please.
This sort of thing is my day job!
newrobdob - Member
It's not a "statutory" nuisance as there's no such thing
Wrong, so wrong. See Part III of the Environmental Protection Act 1990 please.This sort of thing is my day job!
Apologies, it's an issue of terminology; I meant in the context of Cougar's initial post - if you read the remainder of the post, I said that public nuisance is precisely that sort of thing. TBH I don't deal with LA stuff.
However, it is not something that Cougar could avail himself of as his remedy is in respect of a private nuisance (i.e. something affecting the landowner's use and enjoyment of his premises) - not a Local Authority exercising its powers.