Burning on Trade Premises and Construction Sites
Burning on trade or industrial premises, construction or demolition sites can be a particular nuisance and it is normally an offence to burn waste on a bonfire.
Offences arising:
- 'Duty of care' requirements in Section 34 of the Environmental Protection Act 1990.
Waste produced during business activities must be stored, handled and disposed of in an appropriate and legal manner.
- An immediate offence is committed if 'dark smoke' (as defined by the Clean Air Act 1993) is emitted from a bonfire on industrial or commercial premises (including building sites).
- Under the Environmental Protection Act 1990, where smoke from a bonfire constitutes a '|statutory nuisance' an abatement notice can be served, banning further bonfires. Failure to comply with the requirements of the abatement notice is a criminal offence.
I live next to a building site and they keep having bonfires, what should I do?
- First, if you feel comfortable approaching the site and speaking to the Site Manager, ask for the burning to stop and explain how it affects you. Alternatively, contact the developer or builders office and speak to the member of staff with responsibility for that site. Contact details are often displayed on a board at the front of the site.
- If no improvement occurs, start gathering evidence. |Download our bonfire nuisance record sheet and record incidences. Photos (digital or otherwise) are always useful.
- Next, register your complaint with the Environmental Health & Licensing Division in writing, |by email or |download and complete our online form. Remember to forward a copy of any nuisance record sheets and include any photos.
- We will then make contact with the developer or builder and begin an investigation. If a '|statutory nuisance' is confirmed (and there must be suitable and sufficient evidence to confirm this), then an abatement notice preventing further nuisance can be served. Failure to comply with an abatement notice is a criminal offence. In certain situations (i.e. where 'dark smoke' is being emitted), we would advise you to telephone the Environmental Health & Licensing Division at the time, as an officer may be available to witness the smoke. However, still take a photo in case the fire has extinguished by the time an officer arrives.
