Should I complain?

[gypsy]

Last weekend I was digging on my plot. My neighbour lit a fire in a big drum, and started burning a huge amount of polystyrene! The fumes wafted over the fence in my direction. I was unable to keep digging, it really was a nuisance. He just kept adding more, so I told him he had smoked me out. I said I would come back later and hoped it would be finished by then.

When I got back later he had gone, but left the fire burning, so I put it out. We have had words since, I said I was very upset by the fire and asked him not to burn any more polystyrene as the fumes can cause cancer. He said I had upset him too. No apology, and today he was burning again - not sure what, but yet again the fumes were in my direction. When he left it was still burning.

To be fair, he has helped me a lot in the past, and I have also helped him, so did not wish to fall out, but...

I want to complain to the allotment officer but realise this could escalate, and all I want is to garden without being choked by fumes. Maybe someone can help with some suggestions before I risk causing more trouble than it's worth?

[gypsy]

[kt.]

Is there nothing in your tenancy about fires?  Our tenancy states fires are permitted only to burn rubbish created from your plot waste, 15-1700hr winter, 18-2000hr summer time.   All fires must be supervised at all times and extinguished prior to departing.  Failure to comply with this ruling may result in eviction.

[gypsy]

Our tenancy rules allow bonfires for garden waste, and warn against being a nuisance. The tenancy can be ended if the rules are broken. But I don't think it is enforced.

[djbrenton]

I rather think it's illegal to burn anything that creates toxic fumes. I do seem to remember that a tenant who was burning cable for the copper wire inside was at risk of a £20,000 fine for infringement of some environmental act or another. If it's producing black smoke then it's almost certainly illegal. How you approach this situation is, of course, more problematiuc than merely knowing the law,

[Tonythegardener]

I cannot sympathise more with you gypsy.  People like this do not know what they are doing.  I put my feelings down in my blog "A rant against allotment bonfires."
http://tonythegardener.blogspot.com/2010/12/just-moving-some-of-my-posts-from.html
Also:
http://tonythegardener.blogspot.com/2011/01/why-do-i-like-to-bury-rather-than-burn.html
As to what you can do about it, well you can appeal to the allotment committee because there must be something about fire lighting in the constitution.  There must be something about bringing household waste and burning at the allotment at any time.  There is also recourse to the Environmental Department of your local council because this fire seems to be a nuisance.  
Anybody that leaves a fire that they have lit is breaking the law. If they say that they cannot put the fire out then you should send for the fire brigade because it is a fire out of control.  If they leave the fire when it is still alight then they are arsonists.  

[gypsy]

Thanks for your replies. Yes, I am sure it is illegal to burn it but if I report it to the allotment officer he could be threatened with eviction. I was hoping to avoid this, but can't think of an alternative. Also I feel so angry, and I don't want to act in haste only to regret it later. He is a very popular person (so far) at the allotment, and maybe I would be seen as a troublemaker.

[aj]

Jeez.

I have enough problems with people burning lottie waste, if I was anywhere near that I'd be in hopsital.

What a complete and utter ******. For * read not a very nice word.

Google it - get some printoffs about what is in it [as it is toxic] and give it to him and tell him, you don't want to fall out over it but you absolutely don't want to die either. And you will not accept him burning polystyrene again, and that you are willing to take it all the way if you are ever exposed to these fumes again.

[gypsy]

Thanks AJ. I already found and printed off a page about it, but didn't feel brave enough to hand it to him. I will try when I next see him. It is very hard to deal with when he has the allotment next door, but at least it may avoid getting the council involved.

[daitheplant]

It is illegal in any situation to have a fire which causes a nuisance. Ask the association secretary to have a quiet word with him. :)

[Chrispy]

We had one person on one site being inconsiderate with their bonfire, which caused some complaints from local residents.
Now, we are all banned from bonfires except for a few days a year and with so many conditions attached I doubt anybody does.
I would tell him of the health risks, and tell him he runs the risk of getting bonfires banned, but if he still does it again I would complain before somebody else does.

[tonybloke]

print this off, give to nuisance neighbour
http://www.direct.gov.uk/en/HomeAndCommunity/WhereYouLive/NoiseNuisanceAndLitter/DG_4018684

[Tonythegardener]

Thanks for that tonybloke.  I will keep a copy of that too.

There must be something in the name. ::)

[gypsy]

Thanks everyone. I had a chat with the allotment officer, who will issue a warning letter. I hope that will send a clear message and be the end of it (apart from the toxic ash fallout). As I am always alone at the allotment I felt uneasy about further conversation with him. 

[Unwashed]

It is illegal in any situation to have a fire which causes a nuisance. Ask the association secretary to have a quiet word with him. :)

No, it's not.

If the polystyrene - and nasty stuff it is to burn - if it was brought onto site to burn then that would be an offence under the Environmental Protection Act (I think) and you should complain to the Environment Agency.  Complain to the landlord too by all means , but it's the EA who enforce the environmental regs and they should take it seriously.

If you have someone burning stuff regularly and the smoke interferes with your enjoyment of your plot then complain to the local authority and see if they'll declare it to be a statutory nuisance and do something about it.

If a fire makes black smoke which drifts over a road I think that's an offence under the Road Traffic Act or some such and I believe the police will get involved - and the fire service will come and put the fire out, and most likely charge you for the inconvnience.

If you have a bonfire rule then it should ban the burning of anything that either didn't grow on your plot or anything that could be composted, and if the rule doesn't say that then campaign for it to be changed.  Bonfires are probably the biggest source of antisocial behaviour from allotmenteers towards their neighbours and sadly some people are just complete goits when it comes to consideration.

[Alex133]

Hope you don't get any more problems once he gets the letter. Suggest if he accuses you of arranging to have it sent just say you think a few people were complaining.
(We can't have bonfires on Mondays or Fridays and most people have the decency to ask anyone there at that time if they mind and checkf it's a good wind direction).

[tonybloke]

It is illegal in any situation to have a fire which causes a nuisance. Ask the association secretary to have a quiet word with him. :)

No, it's not.

If the polystyrene - and nasty stuff it is to burn - if it was brought onto site to burn then that would be an offence under the Environmental Protection Act (I think) and you should complain to the Environment Agency.  Complain to the landlord too by all means , but it's the EA who enforce the environmental regs and they should take it seriously.

If you have someone burning stuff regularly and the smoke interferes with your enjoyment of your plot then complain to the local authority and see if they'll declare it to be a statutory nuisance and do something about it.

If a fire makes black smoke which drifts over a road I think that's an offence under the Road Traffic Act or some such and I believe the police will get involved - and the fire service will come and put the fire out, and most likely charge you for the inconvnience.

If you have a bonfire rule then it should ban the burning of anything that either didn't grow on your plot or anything that could be composted, and if the rule doesn't say that then campaign for it to be changed.  Bonfires are probably the biggest source of antisocial behaviour from allotmenteers towards their neighbours and sadly some people are just complete goits when it comes to consideration.

Simon, I hate to disagree with you, but see the document I linked to for the actual Law r.e. Bonfires.
rgds and best wishes from the east coast, Tony

[tonybloke]

Thanks for that tonybloke.  I will keep a copy of that too.

There must be something in the name. ::)

there must be!! :)

[Unwashed]

Simon, I hate to disagree with you, but see the document I linked to for the actual Law r.e. Bonfires.
rgds and best wishes from the east coast, Tony

Hi Tony.  I checked that out after I posted and I wondered if I'd got it wrong, but I didn't see see a contradiction.  Where am I mistaken?

[tonybloke]

Simon, I hate to disagree with you, but see the document I linked to for the actual Law r.e. Bonfires.
rgds and best wishes from the east coast, Tony

Hi Tony.  I checked that out after I posted and I wondered if I'd got it wrong, but I didn't see see a contradiction.  Where am I mistaken?

the bit about importing stuff for burning, this requires ( by law) a, waste carriers licence, b, waste treatment licence!!

by law, you are only allowed to burn the 'arisings from within the curtillage'

[Unwashed]

the bit about importing stuff for burning, this requires ( by law) a, waste carriers licence, b, waste treatment licence!!

by law, you are only allowed to burn the 'arisings from within the curtillage'

Yes, that's what I understand too.  I said "If the polystyrene - and nasty stuff it is to burn - if it was brought onto site to burn then that would be an offence under the Environmental Protection Act (I think) and you should complain to the Environment Agency."  Isn't that right?