This is a reproduced content of a letter sent to Councillor John Miekle from Peter Weaver FCIEH FIOSH MCIPD
Head of Environment at Taunton Deane Council. The letter is reproduced With Mr Weavers kind Permission.

GARDEN BONFIRES

Thank you for your recent letter, enclosing the enquiry from the Community Asscoiation.

The Chairman has been correctly informed in that there are no Byelaws or Smoke Control            
Areas within the Deane. However, I am pleased to say that this does not mean that the council is without 
regulatory powers.

Whilst bonfires are permitted, they should not cause a statutary nuisance to neighbours.  Certainly, spoiled 
washing would contribute to nuisance and so would denying a garden to residents and their children because
of smoke.

For persistant offenders, an Abatement Notice could be served banning or limiting bonfires to prevent nuisance
and if this were to be ignored the law provides a mximum penalty of £5,000 for domestic properties and up to
£20,000 for trade premises.  That said, one of the problems that investigating officers have is that there may 
be bonfires from many different properties, especially at certain times of the year.  This may cause nuisance to 
some householders, but there would be difficulties in enforcement when the problem can not be attributed to 
any one person.

It is also a direct offence (that is to say no Notice is required) to cause dark or black smoke emissions, by 
burning materials such as plastics and rubber.  Unfortunately this only applies to trade premises.

When investigating service requests relating to smoke nuisance, it is routine practice for our officers to explain 
the polluting nature of bonfires to offenders and advise that there are better ways to dispose of garden refuse, 
such as composting.

I enclose a copy of a leaflet produced by the National Society for Clean Air that may be of interest.

If the Wilton  and Sherford Community Association members have a specific case that they would like to bring
to our attention, the Environment Protection Team will be pleased to investigate.

Yours sincerely

PETER WEAVER  HEAD OF ENVIRONMENT.
Direct Telephone: 01823 356496  Fax: 01823 351801

The original letter and leaflet are held at the Associations office and can be inspected by appointment.