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This concerns smoke from chimneys and not, as many people assume, smoke from bonfires.

Many people also assume that there are byelaws prohibiting bonfires at certain times, but this is not the case.

Enforcement Powers of Ashfield District Council

There are a number of different enforcement powers that Ashfield District Council can use in particular circumstances to control smoke from 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 enjoyent of your property. Unfortunately an occasional bonfire (unless it burns causing smoke nuisance to you for a long time, or giving rise to particularly noxious emissions) would not be considered a nuisance.

Similarly, if you are troubled by a series of bonfires from different neighbours, each of whom lights a bonfire only occasionally, this would not be considered a nuisance. In such cases the Council would endeavour to resolve your problem; however, it is important to note that only limited informal action could be taken by the Council in these circumstances.

Finally for people who are frequently bothered by smoke from bonfires whilst at their place of work, note that a company itself cannot suffer nuisance although employees of a company can suffer nuisance.

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. Please note that "dark smoke" is a shade of grey defined in law and that in order for the Council to take action in this matter an authorised officer of the Council would have to witness the offence. Further, in certain limited circumstances, matter burnt giving rise to dark smoke is not an offence.

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

The Crop Residues (Restrictions on Burning) Regulations bans the burning of crop residues. There are exemptions such as linseed residues and for disease control. However, this activity is subject to strict requirements and there should be no such burning at weekends, bank holidays, before sunrise or later than an hour after sunset.

For further advice or to make a complaint in respect of the above, please contact Community Services reception on 01623 457284.

Enforcement Powers of the Environment Agency

The Environment Agency can use different enforcement powers to control the burning of waste on trade premises.

If a business wishes to dispose of any material on its premises it must have a Waste Management Licence Issued by the Environment Agency.

Exemptions from this licensing system relate to the burning of wood, bark and plant material at the site of production provided fires do not cause persistent problems to neighbours. However, these fires still have to be registered with the Environment Agency and it is an offence not to do so.

Please contact the Environment Agency for further advice in this matter. The local office is based at Trentside Offices, Scarrington Road, West Bridgford, Nottingham, NG2 5FA. Tel: 0115 9455722.