FIRSTLY I would like to correct your statement that the council guidelines state that bonfires are acceptable after 6pm.
The council has no such policy and indeed we do not advocate bonfires at all. The smoke and odour from bonfires are the subject of many complaints to the council; we received more than 200 last year.
Although there are no laws to prohibit people from having bonfires and the council has no powers to introduce a blanket ban on bonfires in residential areas as Mr Warne suggests, the council does recommend composting as the most effective and environmentally friendly method of disposal for garden waste.
However, when a complaint is made the problem bonfires may be dealt with by the council under the Environmental Protection Act 1990, but a judgement of "nuisance" has to be made. The National Society for Clean Air provides specialist advice in this area. It says: "To be considered a statutory nuisance, a bonfire would have to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property".
The local authority would have to decide that burning amounts to a statutory nuisance, taking into account factors such as the frequency, the duration and nature of the smoke, or have evidence of dark or black smoke from industrial premises, before any offence can be considered to have been committed.
Residents are advised, if they do suffer from persistent bonfire smoke, to approach the neighbour in the first instance, as they may not be aware of the distress they are causing. If this fails, contact the council's environmental services section in 01494 421737 for further advice and/or enforcement action.
In addition, the council does issue an information leaflet for residents, available by telephoning 01494 421732. It gives advice on alternatives to burning and also on cleaner burning (should this be necessary).
I do hope this clarifies the council's position and answers Mr Warne's concerns.
Cllr W J Bendyshe-Brown
Customer Services
Portfolio Holder
Wycombe District Council
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