Smoke Nuisance

There are a number of different enforcement powers that the council can use in particular circumstances to control smoke from bonfires such as bonfires from gardens or industrial / trade premises. Bonfires are permitted so long as they do not cause a nuisance.

Once you have contacted us we will discuss the matter with you. We will visit the site to witness the bonfire. If the bonfire is producing dark smoke or is causing a nuisance, we will request that the bonfire is put out and/or consider formal action.

Garden Bonfires

The Environmental Protection Act 1990 provides that smoke emitted from premises can be a statutory nuisance and action can be taken in this matter. However, to be considered a nuisance a bonfire would have to be a regular problem and interfering substantially with your well-being, comfort and enjoyment of your property.

An occasional bonfire (unless it burns causing smoke nuisance to you for a long time or gave rise to particularly noxious emissions) would not be considered a nuisance.

Smoke from Trade or Industrial premises

The Clean Air Act 1993 makes it an offence to emit dark smoke from any trade or industrial premises.

This offence also applies to any matter which is burnt in connection with any industrial or trade process and to the burning of matter likely to give rise to dark smoke. This includes demolition work and site clearance activities (subject to certain exemptions).

Bonfires on industrial or trade premises must also not emit dark or black smoke. Please note that dark smoke is a shade of grey defined in law and that in order for the council to take action an authorised officer of the council would have to witness the offence.

Cable burning

The Clean Air Act 1993 makes it an offence for anyone to burn insulation from cable to recover the metal.

Smoke Control Areas

There are no smoke control areas in Wychavon. For further advice or to make a complaint in respect smoke nuisance, please contact us.

Smoke across a Highway

Smoke blowing across a highway (road or footpath) can be an offence under the Highways Act 1980, thus, in such cases, it is the police that would enforce the legislation. Contact West Mercia Police or telephone 08457 444 888.

Useful Factsheets

Downloadable factsheet on smoke nuisance:

• Bonfires and Smoke Nuisance - guidance notes  (115.77 KB)

What you can expect from us

We aim to respond to your enquiry within 2 working days

Click here to see how quickly we aim to deal with your enquiries

For more information contact:

Environmental Protection, Environmental Services,
Wychavon District Council, Civic Centre, Queen Elizabeth Drive, Pershore, Worcs. WR10 1PT

Telephone: 01386 565015 - between 9am-5pm, Monday-Friday
Fax: 01386 561826
Email: environmental.health@wychavon.gov.uk