A reader suffering from asthma is facing challenges with a neighbor who repeatedly holds bonfires, causing smoke to drift onto their property. The neighbor has refused to stop the fires despite being informed of the issue.
According to legal expert Dean Dunham, while there is no general law prohibiting garden bonfires, this right is not absolute. If smoke from a neighbor's bonfires frequently affects your property, legal action may be possible.
Contacting the council's environmental health department is the recommended first step. Under the Environmental Protection Act 1990, smoke can be classified as a statutory nuisance if it adversely affects health or unreasonably interferes with the use or enjoyment of a home. If the council determines that a statutory nuisance exists, has occurred, or is likely to recur, it is obligated to serve an abatement notice. Failure to comply with such a notice is a criminal offense.
The reader's asthma is particularly relevant as it helps demonstrate the potential health impact. Keeping medical records and ensuring the council is aware of how the smoke affects breathing is crucial. An alternative legal avenue involves a civil claim for private nuisance if persistent smoke entering the property unreasonably interferes with its use. However, this can be an expensive route and should be considered a last resort.
Even if bonfires only occur annually, they could still be grounds for a complaint, though success may be less likely. The council will assess factors such as the volume and duration of smoke, and the severity of its impact on the individual. To support a complaint, it is advisable to keep a diary of each incident, noting dates, times, duration, and the effect on asthma. Photographs, videos, and medical evidence can also be beneficial.
Beyond the bonfires, the article also addresses a separate reader query about gym memberships. When a gym closes for a six-week refurbishment with only one week's notice, and the alternative facility is inconvenient and lacks specific classes, members may have grounds to dispute full fee payment. The Consumer Rights Act 2015 requires services to be provided with reasonable care and skill, and a prolonged closure without an adequate substitute could be seen as a breach of contract. Members are advised to request a proportionate refund or suspension of fees, or to seek cancellation without penalty if the closure constitutes a serious breach.