Bonfires

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Tattyanne456

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Bonfires
« on: March 24, 2009, 19:18 »
I apologise if this is a topic already discussed, but can anyone tell me what  the current legislation is regarding bonfires on the allotment? Does it vary from site to site? I understand that common law is that domestic bonfires are only to be lit after dusk(?) We have been told that on our site bonfires are banned, therefore I requested an alternative means of disposing of non compostable waste, but still some of the old boys resort to burning.

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peapod

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Re: Bonfires
« Reply #1 on: March 24, 2009, 20:12 »
As far as Im aware there is no standard legislation, it is up to the powers that be who run a particular site
"I think the carrot infinitely more fascinating than the geranium. The carrot has mystery. Flowers are essentially tarts. Prostitutes for the bees. There is, you'll agree, a certain je ne sais quoi oh so very special about a firm young carrot" Withnail and I

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Cazzy

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Re: Bonfires
« Reply #2 on: March 24, 2009, 20:44 »
It states No Fires on our site agreements but everyone does it encluding the comittee.
What if the Hokey Cokey IS what its all about...

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peapod

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Re: Bonfires
« Reply #3 on: March 24, 2009, 20:50 »
We are allowed bonfires anytime,but no burning stuff to create black smoke i.e. weeds, plastic etc. Everyone respects their plot neighbours and the site neighbours and sticks to the rules without any fuss. Most of us have an incinerator or a burner in the shed and its never a bad smoky atmosphere even though theres always four or five burning most days. I think a lot of people realise theres also livestock on site also and dont want to upset the animals as well

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Rangerkris

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Re: Bonfires
« Reply #4 on: March 25, 2009, 06:36 »
We are asked to wait until 7pm By the guy that runs the site, the guy in the council i know said just crack on with it anytime Not wanting to upset the apple cart before it gets apples i waited till 6-7pm for all of my 4 big fires in 8weeks.
Thanks
Kris

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DD.

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Re: Bonfires
« Reply #5 on: March 25, 2009, 06:41 »
As peapod said, it's down to individual site rules, (and whether you obey them), and the time you can light them is down to local by-laws.

The only global legislation, if I remember correctly, is that you cannot light one within 50 feet of the centre of a highway!
Did it really tell you to do THAT on the packet?

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cAnAry53

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Re: Bonfires
« Reply #6 on: March 25, 2009, 09:02 »
We are allowed bonfires after dusk only and no burning anything pungent such as polythene and the drier the better

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Sadgit

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Re: Bonfires
« Reply #7 on: March 25, 2009, 09:06 »
we were allowed bonefires last year... I have one going the other day at the plot and some jobs worth came over and told me to read the new rules... ho hum I had my wrists slapped.

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WirralWally

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Re: Bonfires
« Reply #8 on: March 25, 2009, 09:21 »
The subject of bonfires is quite simple really, but seems to be clouded in myth and misunderstanding.

There is no such thing as ‘common law’ in respect of bonfires. It is a common misconception that there are bye laws to prohibit bonfires, or limits to the time of day when they can take place. An outright ban would be difficult to enforce and often a bonfire is the best practicable way to dispose of garden waste. An occasional bonfire should not cause a problem so long as it does not affect any neighbouring properties.

Basically, if you want to light a bonfire to burn rubbish you are free to do so, subject to very few restrictions.

If you have regular fires then that could be deemed to be a nuisance and, if a neighbour complains, the local council must investigate and can issue a nuisance abatement notice under the Environment Protect Act of 1990.
Under the Highways Act 1980 anyone lighting a fire and allowing smoke to drift across a road faces a fine if it endangers people or traffic. There is no reference in the legislation to any distance of a fire from a carriageway.
This is a police matter, not for the local council.
The law says: (1) If a person --
(a) Lights a fire on any land not forming part of a highway which consists of or comprises a carriageway ... and in consequence a user of any highway which consists of or comprises a carriageway is injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire, that person is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale.
(2) In any proceedings for an offence under this section it shall be a defence for the accused to prove that --
(a) that at the time the fire was lit he was satisfied on reasonable grounds that it was unlikely that users of any highway consisting of or comprising a carriageway would be injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire; and
(b) either --
(i) that both before and after the fire was lit he did all he reasonably could to prevent users of any such highway from being so injured, interrupted or endangered; or
(ii) that he had a reasonable excuse for not doing so.

However, on an allotment site, although the law must still be obeyed, the regulators of the site (Local council or committee) are free to make and enforce any additional regulations they wish.
If they say ‘No Fires’ then that’s it. No fires.
If they impose time restrictions then there are time restrictions.
That's it. It is their duty to make and enforce rules for the benefit of site users and others.
« Last Edit: March 25, 2009, 09:23 by WirralWally »
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