Garden fires near stables......????

[sykokat]

What is the law regarding this situation??? Where we stable our horse, the man who owns the garden directly behind the boxes frequently lights his garden fire. This then blows over into the back of the horses boxes which naturally freaks them out. It is extremely close and some of them are on straw. He has been spoken to in the past but we are unclear on the rules and regulations. It would only take for him to light a fire when none of us are there and ,,,,,,well,,,,,,,, not a nice picture to put to mind.

 

[lachlanandmarcus]

Im not sure theres much you can do if its in his garden and its only his own garden waste he's burning. Only if it caused a risk to human health would action be likely. You could pursue nuisance via the council but that might escalate things in a bad way. So it would have to be very unreasonable persistent behaviour to make it worthwhile.

Does he burn it right next to the stable back wall or something? Is it every day or just periodically? Is it deliberately only when the horses are brought in? Is it an open fire or an incinerator container? Does he leave it unattended for long periods? Is it really massive or a normal bonfire? All of these factors would influence whether he was being unreasonable.

If it is an open fire and you are concerned, then maybe the stables peeps could club together and get an incinerator bin, which would be safer. Also make sure fire hose and stuff is in working order at stables.

"Bonfires and the law
When and where can I have a bonfire?

It is a common misconception that there are specific byelaws prohibiting garden bonfires or specifying times they can be lit –there aren't. However, this is not a licence for indiscriminate burning! Occasionally a bonfire is the best practicable way to dispose of woody or diseased waste that cannot be composted. And bonfires are used to mark traditional celebrations – especially November 5th.

Under the Environmental Protection Act 1990 (as amended) it is an offence for people to dispose of their domestic waste in a way likely to cause pollution of the environment or harm to human health. In practice you should not burn waste that is likely to create excessive smoke or noxious fumes. If only dry garden waste is burnt, your bonfire should not cause a problem.

Most bonfire problems are addressed under nuisance legislation. Under the Environmental Protection Act 1990, a statutory nuisance includes "smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance." In practice a fire would have to be a recurrent persistent problem, interfering substantially with neighbours' well-being, comfort or enjoyment of their property. (In N Ireland the Public Health Act 1878 defines nuisance, however the proposed Clean Neighbourhoods and Environment Bill includes nuisance controls similar to those in the rest of the UK.)
"

 

[AmyMay]

Have you spoken to the council?

 

[sykokat]

Thank you for the replies.
A couple of answers to your questions; yes, he lights them right behind the boxes.
No, we havn't spoken to the council yet but he has been asked to refrain from doing so.
The problem is the crackling of the fires and of course the smoke blowing directly into the stables. If an ember were to enter one of the stables bedded down on straw. I hate to think!!!