Smoke nuisance

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.

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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).

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.

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Cable burning

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

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Smoke control areas

There are no smoke control areas in Woking.

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Smoke across a highway

Smoke blowing across a highway (road or footpath) can be an offence under the Highways Act 1980. In such cases, Woking Police would enforce the legislation.

More in Smoke nuisance

See also

Also in Odour nuisance