Neighbour's smoking bonfires
Submitted by Pat Foster on Thu, 24/09/2009 - 14:04
Our neighbour loves smokey bonfires. They last for days as the bonfires have mounds of grass clippings from his 3 acre garden. The smell and smoke is appalling getting into our house even with the windows closed. We have asked our neighbour to control his burning more effectively over many years but he refuses to do so. Is there any regulations or control over and what rights do we have?
You should first of all
You should first of all contact the Environmental Health Department at your local council. As with noise nuisance they have a duty to investigate and would issue a notice under the Environmental Protection Act 1990 if they consider a nuisance is being caused. Again if you consider the Council have not taken the appropriate action or you wish to bypass the council you can take your own action in the Magistrates Court under the Environmental Protection Act.
You might also have an action for damages in common law nuisance but this action is likely to be very expensive and would involve a detailed examination of all the facts.