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You are Here: Business in Bournemouth / Public Protection / Pollution Control / Smoke Nuisance
Smoke Nuisance

Smoke from neighbours’ bonfires can cause annoyance, smell in the house, ruined laundry, stress, and generally affect the quality of life.

 

Bonfire smoke also does not help towards meeting Bournemouth's targets for air that is clean and healthy - something we all need.

 
An investigation by the Council can lead to a breakdown in neighbour relations and may not always successfully stop the bonfires. Often the best way forward is to discuss the problem with your neighbour.

Discussing the Problem

When approaching your neighbour be calm and polite. Do not use threatening behaviour, as this will not help the problem.
 
Explain to them that the smoke is entering your home and disturbing your family and tell them how and when you are being disturbed.
 
Invite them to come inside your home or garden to smell the smoke, so that they know that the problem is real and that you are not imagining it.
 
Experience shows that often people do not realise that their activities are affecting other people and your neighbours may at first be embarrassed when you speak to them about it. They may try to hide their embarrassment by denying that there is a problem.
 
Remember that you are trying to find a solution for the future that both you and your neighbours can live with. Do not put too much of your efforts into raising problems of the past.
 
The purpose of talking to your neighbours is not to extract a confession from them! A polite and friendly approach is most likely to achieve the peace and quiet that you want, without either of you losing face.
 
The bonfire may be a one-off occasion to clear greenery or it may be a regular occurrence. Suggest to your neighbour that if they have to burn it in the evening could it be after 9 pm, which may reduce the effect on you.
 
Alternatively, you could discuss other ways of disposing of the waste such as composting, or taking it to a local civic amenity site.

Click on these links for more details about composting and Bournemouth's civic amenity site.

Should talking with your neighbour not resolve the problem, or you feel unable to approach your neighbour, you could write to them.

Specimen Smoke Letter (52Kb) PDF.

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Other Points to Consider

Council Officers investigating allegations of smoke nuisance sometimes find that neighbours have fallen out over another matter and that the complaints about smoke are not really the main problem and may not actually be justified. 
 

If this is true in your case, then try and define, and then sort out, the underlying problem and you may find that the smoke will sort itself out.
 
Trying to resolve the problem at an early stage is likely to lead to the best solution. An investigation by the Council, of formal legal action taken by you, will take some time. If neither your personal approach, nor your letter resolves the problem, mediation may be a useful option to consider. It is a voluntary process in which trained mediators help you and your neighbour work together to reach a mutually acceptable solution. If you wish to use this service Mediation Dorset can be contacted on telephone number 01305 257717 or 01305 259072.
 
If the case does not result in an appearance in a Court of Law, then the fact that you have acted reasonably and tried to resolve the matter by talking to your neighbour in a civilised manner could count in your favour.

Advice on Completing Smoke Record Forms 

To help a smoke nuisance investigation you should keep a written record of when the bonfires occur on record forms. This record should be kept for at least three consecutive weeks. If the bonfires are still causing you a problem after this time, you should return the completed forms to the address on the bottom of the forms.
 
It might be necessary to take legal action to deal with the problem satisfactorily. In this case your evidence, including your written records, will be needed and you could be involved in a Court appearance as a witness for the Council. Therefore, it is important that you complete the forms accurately and fully, making sure that you include the following information for each event:
 
a)     A description of the nuisance and how it affects you
b)     The date
c)     The time the nuisance starts
d)     The time the nuisance stops
 
Specimen Smoke Form (82Kb) PDF. 
 
When you have signed and returned your records they will be assessed to see if they show that the problem is likely to be a statutory nuisance. If they do, a case officer will arrange for you to be visited at a time when the nuisance is likely to occur. If a nuisance is established we will serve a notice requiring its abatement.
 
If after these actions, officers do not witness a nuisance, the Council will not be able to take legal action on your behalf. However, if you feel that there is still a problem you will be told how you could take your own private legal action in accordance with Section 82 of the Environmental Protection Act 1990.
 
In the meantime your name and address will remain confidential.


Contact details

Bournemouth Borough Council
Public Protection
Pollution
Envelope IconTown Hall,
St Stephens Road
Bournemouth
Dorset
BH2 6LL
 
Telephone IconTel: 01202 451296
Fax: 01202 451011
Minicom: 01202 454728
 
Email usEmail: Pollution

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This page is maintained by Public Protection Email    Page Updated: 16 Jan 2008