Burning heaps

[Amoeba]

How legal is this?

Specifically, this is on a farm road that can be accessed by the public as means of getting from A to B where the farm itself would normally have made it impossible to get around, due to it being so big, next to an off-limits golf course and sandwiched between two motorways. This road is also the only means of getting to uni.

On the side of this road next to some dog kennels and the golf course there is a heap that burns on a daily basis and is frequently being replenished. The fact it's burning isn't what bothers me - it's what is burning that is a concern.

Old newspapers and magazines probably aren't so bad, there is also dog faeces burning in there but the biggest concern was all the plastic bags they put in there too. The smoke does have a very distinctive burnt plastic smell and we all know just how toxic it is. It billows right down the road and there is no way to avoid inhaling it - when you do, you begin to feel the toxic effects immediately and it's not nice nor healthy to experience this on a daily basis.

How legal is this? Does the fact it's on their own land make it legal? Is it their own land if the public are allowed to access it (and even in some cases need to access it to get to places between the farm buildings, like the allotments or the golf course, or simply to pass through the farm since there is no way around)?

[Jason Claxton]

Sorry I can only suggest that you seek advice from your local Environmental Health Dept. with your concerns,if it is unlawful,then they will be likely to act .You've probably thought of this already though.Hopefully somebody else may give you more info.Jason

[Cotham Marble]

As Jason says - first contact should be your EHD, you'll find them listed under your local Council Services. Give them a precise location and a summary of the problem.

The precise legal issues are likely to be complicated but you shouldn't have to worry about that, the EHD are obliged to investigate your complaint and provide you with response as to what action they intend to take. In itself, unless the area is specifically smoke controlled (unlikely) or there is some other area specific protection, there probably is no reason why a bonfire would be illegal however the smoke may well constitute a Statutory Nuisance. Additionally if the location has become 'permanent' it may well be considered an unlicensed waste site with implications for ground water pollution, harm to wildlife etc. This may involve the Enivironment Agency but the local EHD team should facilitate that if it is deemed necessary.

If in doubt 'complain' !

CM

[wyevilla]

One other area to consider is who is responsible for the roads/motorway. There used to be a regulation that banned bonfires within (I think) 90 feet of the carriageway to reduce the effects of smoke obscuring the road for motorists.

So it would be worth contacting the relevant authority - eg County Council, Ministry of Transport, Highways Agency etc.

Good luck.

[Cotham Marble]

Originally Posted by wyevilla

One other area to consider is who is responsible for the roads/motorway. There used to be a regulation that banned bonfires within (I think) 90 feet of the carriageway to reduce the effects of smoke obscuring the road for motorists. So it would be worth contacting the relevant authority - eg County Council, Ministry of Transport, Highways Agency etc.

Obscuring a highway would be an offence under the Highways Act and should be reported to the police ASAP for investigation and possible prosecution.

CM

[JoulesH]

Sounds like it is waste from the dog kennels, which presumably is a business. If so then contact the Environment Agency as there are rules about waste disposal for businesses - even farms are not allowed to burn plastic now (in case it is a farm with a diversified business). If it is a private kennels ie someone with a glorified hobby then there may be no law against it but it is probably a nuisance in which case EHO will advise.