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Smoke Nuisance

There are a number of different enforcement powers that the council can use in particular circumstances to control smoke from bonfires such as bonfires from gardens or industrial / trade premises. Bonfires are permitted so long as they do not cause a nuisance.

Garden Bonfires

The Environmental Protection Act 1990 provides that smoke emitted from premises can be a statutory nuisance and action can be taken in this matter. However, to be considered a nuisance a bonfire would have to be a regular problem and interfering substantially with your well-being, comfort and enjoyment of your property.

An occasional bonfire (unless it burns causing smoke nuisance to you for a long time or gave rise to particularly noxious emissions) would not be considered a nuisance.

Useful Factsheets

Downloadable factsheets on bonfires:

Smoke from Trade or Industrial premises

The Clean Air Act 1993 makes it an offence to emit dark smoke from any trade or industrial premises.

This offence also applies to any matter which is burnt in connection with any industrial or trade process and to the burning of matter likely to give rise to dark smoke. This includes demolition work and site clearance activities (subject to certain exemptions).

Bonfires on industrial or trade premises must also not emit dark or black smoke. Please note that dark smoke is a shade of grey defined in law and that in order for the council to take action an authorised officer of the council would have to witness the offence.

Burning of manure

Manure is classed as industrial waste under the Controlled Waste Regulations 1992 and therefore if a waste management licence is not obtained from the Environment agency, burning manure is an offence under Section 33 of the Environmental Protection Act 1990. It doesn't matter if the manure is agricultural or otherwise - when it is being burnt it is controlled waste and it is an offence to burn it without a waste management licence.

Cable burning

The Clean Air Act 1993 makes it an offence for anyone to burn insulation from cable to recover the metal.

Smoke Control Areas

There are no smoke control areas in Wychavon. For further advice or to make a complaint in respect smoke nuisance, please contact us.

Smoke across a Highway

Smoke blowing across a highway (road or footpath) can be an offence under the Highways Act 1980, thus, in such cases, it is the police that would enforce the legislation. Contact West Mercia Police or telephone 08457 444 888.