Odours and bonfires
On this page
— Odours
— What you can do about odour problems
— How we investigate your complaint
— Bonfires
— Bonfires and the law
— Legislation
— What you can do about bonfire problems
— Bonfire guidelines
— Domestic wood burning
Odours
A statutory odour nuisance is something which is so offensive and prolonged that it significantly interferes with the use and enjoyment of your property.
Many things are taken into consideration when determining whether an odour is a statutory nuisance, such as the time of day, how long it lasts, the type of smell and the character of the area (for example, in the countryside it is reasonable to expect odour from farming activities).
We have powers under Section 80 of the Environmental Protection Act 1990 to investigate and deal with statutory odour nuisance. Odours arising from domestic premises are not included in the legislation. We are therefore only able to deal with odours from industrial or commercial premises. However, if the odour is ‘normal’ for the process, it is unlikely to be a statutory nuisance.
Unfortunately, odour is not something which can be measured. Judgement of whether or not an odour constitutes a statutory nuisance can take time, especially if the occurrence of the odour is unpredictable and only apparent for short periods of time.
What you can do about odour problems
If you are experiencing a regular odour problem, try to speak to the person responsible in the first instance. Explain why it is bothering you and ask them politely to do what they can to prevent it from happening again. Try to keep calm and reasonable.
If this doesn’t work, or you are unsure about approaching the person responsible, you can contact us to make a complaint:
- Online: by filling out a Statutory Nuisance Report
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097.
How we investigate your complaint
You will initially be contacted to discuss the odour in more detail. We will then contact the source of the odour to discuss the matter and to informally resolve the situation. You may also be required to complete a diary detailing the type of odour, when it is occurring and for how long.
If our initial discussions do not resolve the issue, we will gather more evidence (often from personally visiting your property when the odour is apparent) and if the evidence is sufficient to demonstrate a statutory nuisance, we will serve a formal notice requiring the odour nuisance to be abated within a certain time period.
Breaching an abatement notice is a criminal offence and punishable by fine or imprisonment by a Magistrates Court.
Bonfires
Bonfires and the law
There are no laws banning bonfires or restricting when someone can light a bonfire.
The city council may become involved if a persistent bonfire is causing a statutory nuisance to others in the vicinity. To be a statutory nuisance the smoke from the bonfire must be adversely affecting the use and enjoyment of a persons property.
Legislation
Under the provisions of the Environmental Protection Act 1990, smoke caused by bonfires may be a statutory nuisance and the City Council has powers to take action against those who create a statutory nuisance or allow it to happen.
Case law has established that the concept of nuisance considers ‘reasonable expectation’. For example, the occasional small garden bonfire burning dry wood/plant material may be acceptable, whilst burning of other household materials such as painted wood, plastics, furniture, etc would not.
Bonfires which are on land near to roads and causing an inconvenience or a danger to passers-by, can also be an offence under the Highways Act 1980, which is enforced by the Police and should be reported by calling 101.
What you can do about bonfire problems
If you have a complaint, it is best to discuss it initially with the person responsible; they may not realise they are causing a problem. Try to be calm and reasonable. Explain the details of your complaint and try to agree on a suitable solution or compromise.
If the situation does not improve, then contact the Environmental Protection Team:
- Email: mailto:health@winchester.gov.uk
- Telephone: 01962 848 097
You will initially be asked to discuss the bonfires in more detail. Please note it is the smoke arising from a bonfire which is a potential nuisance not the bonfire itself. The smoke must be affecting you in your property to constitute a statutory nuisance.
If appropriate we will contact the source of the bonfire to discuss the matter and to informally resolve the situation. You may also be required to complete a diary detailing the bonfires, how the smoke is affecting you, when it is happening and for how long.
If the smoke nuisance from bonfires persist, and evidence suggests that the bonfires are causing a statutory nuisance, a legal notice may be served on the person responsible. Breaching an abatement notice is a criminal offence and punishable by fine or imprisonment by a Magistrates Court.
Bonfire guidelines
Please be considerate to neighbours when thinking about a bonfire, they can be unpleasant and harmful to health.
If you have garden waste to dispose of, try and compost as much as possible. Consider using a shredding machine, which can reduce hardwood materials into mulch for use on your garden. Or you can sign up to our garden waste collection scheme.
Hampshire County Council runs three of the district’s Household Waste Recycling Centres (HWRCs) for those who cannot store waste safely at home.
If you are having a bonfire, please follow Hampshire Fire and Rescue Service bonfire safety advice, be aware of the impacts of air pollution and be considerate to neighbours, your community and wildlife. Only burn dry, untreated wood and no other household or garden waste, in particular avoid burning firelighters, oil rubber, plastics or any wood with varnish, paint or creosote.
Domestic wood burning
Wood burning causes harmful particulate air pollution in your home and neighbourhood. Breathing in particulate matter pollution negatively impacts the health of your family and community, affecting your lungs and heart. Can you burn less, burn cleaner, burn better and burn different?
- Burn less: Reduce burning where possible, keep stoves and fires for particularly cold weather unless they are your only heating source. We know that there are households in Hampshire that burn wood to keep warm, and it’s also important for your health and wellbeing to stay warm and well
- Burn cleaner: Burn cleaner fuels such as smokeless, authorised fuels or dry, well-seasoned wood with low moisture content
- Burn better: Use efficient appliances, don’t shut off air or allow the temperature to drop, and service and clean them regularly
- Burn different: If possible, switch heating source to no or low emission fuels, such as renewable, electric or gas alternatives
For more information and advice on wood burning, see the Environment Centre website.