Summertime Blues?
Now that the evenings are lighter and becoming warmer I wish to sit out in my garden. Unfortunately one of my neighbours lights bonfires on a fairly frequent basis. What are the rules surrounding garden fires?
The lighting of garden fires is generally governed by local bye-laws in your particular area. However, in addition, if a bonfire is dangerous, particularly smelly or smoky it may constitute a statutory nuisance. It is also an offence to light a bonfire close to a road, which may cause a hazard to road users.
I am also troubled by excessive noise from radios etc. What can I do about this?
The first step is to try and negotiate with your neighbour. If this results in no improvement and your neighbour is a tenant you could try contacting his/her landlord. If the problem persists it is worthwhile keeping a log or a diary of the frequency and type of disturbance, which could be used as evidence in any future action.
The local authorities under section 80 of the Environmental Protection Act 1990 have extensive powers to deal with noise nuisances. You could approach the Environmental Heath Officer (EHO) to come out and investigate. If the EHO considers there to be a noise nuisance the authority will serve a notice on the person causing the noise or the owner or occupier of the property. If the person does not comply with the notice then the local authority can prosecute.
Is there anything I can do about cats straying into my garden?
Cats are free to roam. Therefore a cat's owner is not responsible for the consequences of the animals trespass. However if a cat causes damage, which is repeated or severe, when not trespassing its owner or keeper could be liable under the laws of negligence. A claim could then be made in the civil courts.
If you try and discourage a cat from entering your garden you should do so by non-violent means for example putting up fences or laying down devices, which are non-harmful. Domestic animals are treated in law as property and so you run the risk of prosecution if you harm an animal.
Last updated: February 22, 2007