Allotment bonfires are the cause of many complaints made to Parks and Countryside and you are reminded that as part of the Tenancy Agreement Section 23 Bonfires.
The lighting of bonfires is regulated under the Nuisance and Annoyance Clause – Schedule 3 – Sub Section (F). This matter can also be dealt with by the Magistrates Court under Section 80 of the Environmental Act of 1990 by issuing a Nuisance Order.
It is recognised that bonfires can have an impact upon human health, as well as the nuisance impact. In recognition of this, Wirral Borough Council has now adopted a new Clean Air Policy. As part of this Policy, the time of year in which bonfires are permitted on our Allotments has been amended.
Bonfires are now only permitted from 1 October to 28 February each year.
Guidance for bonfires
- Compost as much waste material as possible and avoid having bonfires unless absolutely necessary.
- Bonfires must only be used to burn non-compostable waste and unwanted materials from your plot.
- Do not try to burn green plant material; this should be used to make compost and improve your plot.
- Under no circumstances should any materials be brought on to the site for burning.
- Accelerants such as petrol, oil or paraffin must never be used.
- Bonfires must only be started when absolutely necessary.
- Do not light a fire within an hour of sunset and never leave a fire unattended.
- Be aware of the wind direction and avoid any smoke from reaching neighbouring properties and causing problems for other plot holders.
- Tenants must respect neighbours’ rights to not have smoke from fires drifting across their properties.
- If a complaint is received then the fire must be immediately extinguished.
- If a Council Officer Investigation identifies that fires are being created without good reason, they will issue a warning to the relevant Tenant(s).
- If, after a warning, fires are not reduced then the Tenant will have their tenancy terminated.
- The Council under the Environment Protection Act 1990 are obliged to take formal legal action if they are satisfied that a nuisance due to smoke exists or is likely to occur or recur in its area.
- Repeated “nuisance bonfires” could result in an immediate tenancy eviction and can incur a fine by the Courts.
- It is an offence under the Highways (Amendment) Act 1986 to light a fire and allow smoke to drift across a road.
Wildlife on allotments
Wildlife, particularly hedgehogs, can use materials which have been stored for burning in the designated period (October to February) as places to shelter or hibernate. Checks should be made of stored materials prior to any fire being lit. This is particularly so if the storage area is also the location of the bonfire.
Please contact the local Area Manager if you require any further advice.