Bonfires may seem a convenient method of disposing of waste as well as being great fun when used for celebrations. However, they are capable of producing significant levels of smoke, particularly if the material being burned is wet and smouldering. The smoke will contain a range of pollutants depending on the nature of the waste. Burning plastic, rubber or painted materials produces a range of poisonous compounds as well as an unpleasant smell. The smoke, smuts and smells from bonfires can interfere with the use of properties in the vicinity and can reduce visibility, which can be particularly hazardous for road users. It can prevent your neighbours from enjoying their garden, opening their windows or hanging out washing. Irresponsible open-air burning results in many complaints to local authorities.
Smoke Nuisance Leaflet
For guidance and advice on community bonfires see the leaflet produced by the Interagency Working Group on Bonfires 2004.
There are no laws prohibiting bonfires. However, under The Public Health (Ireland) Act 1878, a statutory nuisance includes “smoke emitted from premises so as to be prejudicial to health or a nuisance”. In practice, to be considered a nuisance, the problem would have to occur on a regular basis and interfere substantially with your well being, comfort or enjoyment of your property. If the Council is satisfied that statutory nuisance conditions exist it can take enforcement action to abate the nuisance and prohibit recurrence of the problem.
It is an offence under The Roads (NI) Order 1981 to allow smoke from a bonfire to affect visibility on a public highway and endanger traffic. This is dealt with by the police service
Farmers are no longer permitted to burn or bury agricultural waste, or put agricultural waste into the household dustbin. Individuals, companies or organisations that are operating an agricultural business are required to register activities that are exempt from the need to have a Waste Management Licence. For further information see NIEA Agricultural Waste Guidance
Commercial Premises
Commercial premises have a duty to ensure they dispose of waste in accordance with Waste Management Legislation.
The Duty of Care requirements for removing the waste must be followed. They should not dispose of their waste by burning it and it is an offence to emit dark smoke from any industrial or trade premises.
Report Nuisance from Bonfire
If you have a complaint that you would like us to investigate or just want advice, there are a number of ways you can contact the Environmental Health Department:
Contact Details
Environmental Health Department
Armagh City and District Council
The Palace Demesne
Armagh
BT60 4EL
Tel: 028 3752 9626
Textphone: 18001 028 3752 600
Fax: 028 3752 7184
Email: ehealth@armagh.gov.uk
Online: Citizen’s Say
