The Parish Council would like to encourage everyone within the parish to consider the impact having a bonfire may have on others in the community.

It is a common misconception that local by-laws exist to control bonfires. They do not. There are no local by-laws or regulations affecting your right to have a bonfire. It is not illegal to have a domestic bonfire for the purpose of disposing of your own garden waste. It is not an offence to light a garden bonfire.

It is however an offence under the Environmental Protection Act 1990 to cause a statutory smoke nuisance. A statutory nuisance happens when smoke causes unreasonable interference with a person’s use or enjoyment of their property. Smoke nuisance can occur at any time of the day or night.

You can report air quality issues including nuisance bonfire smoke at:

https://self.maidstone.gov.ul/service/report_anti_social_behaviour

or call Maidstone Borough Council on 01622 602202

email- CommunityProtection@maidstone.gov.uk

If you are bothered by smoke you can approach your neighbour and explain the problem. You might feel awkward, but they may not be aware of the distress they are causing and it will hopefully make them more considerate in the future.

If an informal approach does not work and Maidstone Borough Council is satisfied that the problem amounts to a “statutory nuisance” they may take legal action by serving an “abatement notice”, requiring your neighbour to stop. The maximum penalty for failing to comply with the requirements of such a notice is a £5000 fine, (£20,000 in the case of a trade or business).