Bonfires - Guidance for Members

The use of bonfires on site is a traditional method of clearing dry wood and other allotment waste from an allotment site. This web page is intended to act as a guide for members using bonfires on the Robin Hood Allotment site.

Bonfires and the Law

There are no laws against having a bonfire, but there are laws for the nuisance they can cause.

If a bonfire is causing a nuisance, Gedling Borough Council can issue an "abatement notice". However, a bonfire must happen frequently to be considered a nuisance. Failure to follow the terms of an "abatement notice" can lead to a fine of up to £5,000.

It is also possible to be fined for lighting a fire and allowing the smoke to drift across the road and become a danger to traffic.

The Robin Hood Allotment Site is in one of Gedling Borough Council's Smoke Control Areas (a.k.a. Smoke Free Zones). However, garden bonfires are allowed in smoke control areas provided the rules on bonfires detailed above are followed.

This means there are currently few legal restrictions against allotment gardeners using bonfires to dispose of garden waste.

https://www.gov.uk/garden-bonfires-rules

Bonfires and the Robin Hood Allotment Association

The Robin Hood Allotment Association is free to establish the rules permitting bonfires on the allotment site, provided they are compatible with the law.

In establishing these rules, the association has borne in mind a number of potentially conflicting factors, which include:

• Nuisance to neighbouring residents
• Nuisance to other plotholders
• A plotholder's lawful right to light garden bonfires
• The safety of those lighting and managing garden bonfires

Furthermore, there is no single established set of bonfire rules or guidance consistently adopted by allotment sites elsewhere. A quick trawl of the internet demonstrates a range of different and sometimes contradictory rules and guidance at allotments across the country.

Acting in good faith, the Robin Hood Allotment Association has sought to balance these factors in arriving at its rules for permissible bonfires.

Conditions of Use No. 8 & No. 23:

The Robin Hood Allotment Association's Tenancy Agreement Conditions of Use Nos. 8 and 23 state that:

• Bonfires are allowed for the burning of materials from the allotment garden only;
• The tenant shall not bring or allow to be brought on to the allotment site any material for the purpose of burning such waste;
• Members shall not cause nuisance or annoyance by lighting bonfires outside designated times;
• All fires must be attended at all times and must not cause annoyance to neighbouring residents or plot holders;
• All fires must be fully extinguished before leaving the site.

Permissible Bonfire Times

Bonfires are permitted on the Robin Hood Allotment site when clocks are set to Greenwich Mean Time (GMT).

Bonfires are not permitted on the site when clocks are set to British Summer Time (BST).

In the UK the clocks go forward 1 hour at 1am on the last Sunday in March, and back 1 hour at 2am on the last Sunday in October. The period when the clocks are 1 hour ahead is called British Summer Time (BST). There’s more daylight in the evenings and less in the mornings (sometimes called Daylight Saving Time). When the clocks go back, the UK is on Greenwich Mean Time (GMT).

During the GMT period when bonfires are permitted, bonfires may only be lit after 3.00 pm (15.00 hrs) and may continue through the rest of the afternoon and during the hours of darkness.

https://www.gov.uk/when-do-the-clocks-change

Change in Rules

The members of the Robin Hood Allotment Association voted to amend the rules concerning bonfire lighting time at the Annual General Meeting (AGM) held at the Bakersfield public house (formerly the Tally Ho!) on the 25th March 2019. This is recorded in the minutes of the meeting.

The change allowed bonfire to be lit when clocks are set to Greenwich Mean Time, after 3.00 pm and in the hours of darkness. Previously, bonfires were only allowed between 1st November and the last day of February and after 3pm.

Tenancy Agreement Changes & Other Constitutional Documents

The AGM on the 25th March 2019 noted that this vote changed and replaced any clauses in the association's tenancy agreements or other constitutional documents relating to permitted bonfire lighting. No replacement of existing documents would be required and any such clauses would be deemed to refer to the above arrangements from the date of this AGM.

Any bonfires held after the 25th March 2019 must comply with the statement on Permissible Bonfire Times stated above.

Condition of Use No. 8 remains unchanged : - "Members shall not cause nuisance or annoyance ...........[by] lighting bonfires outside designated times......".

Condition of Use No. 23 shall be deemed to read : - "Bonfires are allowed for the burning of materials from the allotment garden only. The tenant shall not bring or allow to be brought on to the allotment site any material for the purpose of burning such waste. Bonfires are only allowed when clocks are set to Greenwich Mean Time (GMT), when they may be lit after 3 pm in the afternoon and during the hours of darkness. All fires must be attended at all times and not cause annoyance to neighbouring residents or plot holders. All fires must be fully extinguished before leaving the site."

The amended clause in Condition of Use No. 23 originally stated "Bonfires are only allowed between 1st November and the last day of February and after 3pm." and members with Tenancy Agreements which contain this clause are advised that the AGM of the 25th March 2019 replaced this with the revised clause included in the revised text above.

Newly printed tenancy agreements will refer to the revised bonfire lighting times.

Alternatives to Bonfires

The Robin Hood Allotment Association encourages members to consider alternatives to the use of bonfires where practicable.

In the past, some members have expressed a preference for alternatives to bonfires and the association would welcome any ideas and involvement from members keen to encourage and share the wider use of such alternatives.

Robin Hood Allotment Association's Bonfire Code of Conduct

The Robin Hood Allotment Association recommends member adopt the following code of conduct when holding bonfires:

WHAT TO BURN ON A BONFIRE

A lot of garden waste can be safely recycled or composted rather than burned. Try to avoid burning large amounts of leaves or soft clippings that can be easily composted.

A bonfire is ideal for burning untreated wood that is not suitable for use indoors. Ensure any wood burnt is free from metal objects such as nails or staples. These can be dangerous; as the fire heats up, they could fly out and hit unsuspecting bystanders.

Any wood burnt should be dry and untreated. Wet wood can explode as it burns, collapsing bonfires and posing a risk to bystanders. Softwoods such as pine, spruce, alder or cedar will light easily and burn more quickly than hardwoods such as alder, oak or citrus.

Stick to burning dry material, in particular, garden waste such as:

• Untreated wood
• Rose prunings
• Brambles
• Hedge clippings
• Weeds such as bindweed, couch grass or ground elder
• Holly leaves
• Yew trimmings

WHAT NOT TO BURN ON A BONFIRE

It is a criminal offence to get rid of domestic waste in a way that could cause pollution or harm to human health. Burning plastic, rubber and painted materials releases toxic smoke, causing serious harm.

Materials that should never be burnt include:

• Aerosol cans
• Batteries
• Glass
• Metal
• Paint tins
• Plastic
• Rubber
• Treated wood
• Tyres

BE CONSIDERATE WITH BONFIRES

Ensure you only hold your bonfire when you are permitted to do so. That is after 3.pm (GMT) and during the hours of darkness when the clocks are set to Greenwich Mean Time (GMT).

Think about where the bonfire is located. How much smoke will it create and where will that smoke go?

• Ensure to locate the bonfire where smoke is unlikely to bother neighbours
• If there are other people nearby, ask if they mind you lighting your bonfire
• Try not to burn waste when people are likely to have their windows open
• Avoid windy days when smoke is more likely to drift
• Avoid damp, still days when smoke is likely to linger
• Do not burn material when air pollution is already high, as this could create difficulties for people with asthma or other respiratory problems

SAFETY ADVICE FOR BONFIRES

It is also important to pay attention to basic safety advice.

• Before lighting a bonfire, check it for small animals that may have used it as a shelter, especially hedgehogs
• Ensure that the bonfire is not located too close to structures or planting. Avoid placing it too close to low-hanging trees or plants, underneath power lines or close to flammable walls
• Remove any rubbish from the bonfire area, so it’s not possible for someone to throw it on later
• Never use petrol, paraffin or other flammable liquids to help light or encourage the fire. This can lead to an explosion or uncontrolled spread of the fire
• Always keep a bucket of water or sand available
• Never leave bonfires. Supervise them until they are fully burnt out. Damp it down with plenty of water
• Wherever possible, use a small brazier or burning bin to limit and contain the fire
• Have a torch and mobile phone to hand when holding a bonfire during the hours of darkness
• Make sure any others with you are aware of this bonfire code of conduct

This is based on proarbmagazine.com's on-line article "Bonfire Guidance For Tree Waste" by Amy Fitz-Hugh, 6th November 2018.