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Smoke

Bonfires
Can I have a bonfire?
Is there a time of day when they're not allowed?
Builders and Businesses - are they allowed to burn?
Bonfire information leaflet (external link)
Reporting a bonfire nuisance
 Bonfire

Fireplaces and chimneys
What is a smoke control zone?
Is my house in a smoke control zone?



Can I have a bonfire?

Having an occasional bonfire is allowed but it is advisable to contact all the neighbours surrounding your property to warn them. Since it is difficult to tell how far the smoke, ash, and smell will travel it is best to let as many people know as possible.

Things that definitely should not be burnt on a bonfire include: -
  • household rubbish
  • plastics
  • rubber tyres
  • damp material, e.g. plant matter and cardboard

If possible please dispose of your rubbish in a more environmentally friendly way – the options include composting, reusing, using the garden waste collection scheme, and using the community recycling centre and tip.

The law
The Council has legal powers to stop bonfires if a statutory nuisance occurs and may even prosecute offenders. Regular bonfires may fall into this category where smoke, smell, or ash is carried over someone else's property .

Bonfire leaflet (external link)

Is there a time of day when bonfires aren't allowed?

There is no restriction on the time of day when bonfires can be lit as there is no bylaw in Spelthorne. We recommend that people chose a time that will affect their neighbours the least and avoid early evenings since the temperature inversion keeps the smoke from dispersing properly.

Builders and businesses - are they allowed to burn?

It is an offence to cause dark or black smoke from any trade or industrial premises. This offence also applies to any material burned in connection with any industrial or trade process and to the burning of material likely to give rise to dark smoke.

Under duty of care of waste (external link), if a business wishes to dispose of any material on its premises it must have a Waste Management License issued by the Environment Agency. Exemptions from this licensing system relate to the burning of wood, bark and plant material at the site of production provided fires do not cause a nuisance to neighbours. However, these fires still have to be registered with the Environment Agency and it is an offence not to do so.

If there is a bonfire incident on a commercial property in Spelthorne then this can be registered with the Environment Agency by using the free phone number 0800 80 70 60. The Environment Agency may ask you to also contact Environmental Health (see "Reporting a bonfire nuisance" below).

Reporting a bonfire nuisance

If you are bothered by smoke, start by approaching your neighbour and explain the problem. You might feel awkward, but they may not be aware of the distress they are causing and it will hopefully make them more considerate in the future.

Please bear in mind that if the fire is only occasional it is unlikely to be considered a nuisance in law. Under these circumstances the Council can only take limited informal action.

If it is more regular, you can contact Pollution Control on 01784 446251. You will be asked to fill in log sheets to record instances of when smoke is unreasonably affecting you. You will need to be sure of the location of the bonfire for each instance.

What is a smoke control zone?

In a smoke control area, it is an offence to allow smoke to be emitted from a chimney, regardless of the colour of the smoke. However, if an authorised fuel is being burnt it is accepted that occasionally small amounts of light smoke may be produced.

  • Coal, wood, and oil may not be burnt unless an exempted fireplace is being used (unless they can be burnt without any emission of smoke).

  • Rubbish cannot be burnt in an incinerator unless smokeless combustion can always be acheived. This includes a simple dustbin with a chimney.
Domestic smoke leaflet (external link)

Lists of authorised fuels and exempted fireplaces can be found at www.uksmokecontrolareas.co.uk. For a current list of approved solid fuel products and services you can contact the Heating Equipment and Approval Scheme (HETAS) by telephone on 0845 634 5626 or via the internet at www.hetas.co.uk.

To report smoke from a chimney, please contact Pollution Control on 01784 446251.If the address is in a smoke control zone then we will write to the occupants highligting the law. If the address is not in a smoke control zone we will require you to fill out log sheets and the complaint will be treated in the same way as a bonfire complaint (see "reporting a bonfire nuisance" above).

Is my house in a smoke control zone?

Most of the Borough is in a smoke control zone. You can find out if your house is covered by a smoke control order by going to Spelthorne's planning portal. Once you type in your address, navigate to "click to view details" and the information is listed under "constraints".