Bonfires

The Law

Statutory Nuisance

There are no bylaws relating to bonfires in West Wiltshire, but action can be taken under the Environmental Protection Act 1990, Part 3. This enables Local Authorities and individuals to take action against "statutory nuisance." Statutory Nuisances include smoke, odour, noise, accumulations or deposits, and animals kept in such a way as to be prejudicial to health or a nuisance.

"Nuisance" is a legal term and its interpretation is based on case law. This is distinct and separate from the lay interpretation of nuisance, which may be a passing inconvenience to which the law would not apply.

Smoke Causing Traffic Hazard

The Highways (Amendment) Act 1986 makes it an offence to light a fire, or permit or direct one to be lit, if the smoke from it would injure, interrupt or endanger anyone using a highway. This legislation is enforced by Wiltshire Constabulary which can be contacted on (01249) 654455.