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Environmental Health

Breaching bonfire abatement notice costs pair more than £1,600

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A man and a woman have been ordered to pay more than £1,600 after breaching an abatement notice over a series of nuisance bonfires in Clacton.

Tendring District Council (TDC) brought the prosecution after the pair ignored a notice issued in response to repeated bonfires in the garden of a home.

The man pleaded guilty to breaching the notice at Colchester Magistrates’ Court on 2 October. The woman was found guilty in her absence after magistrates agreed proceedings could continue without her.

She was fined £660, with £320 in costs and a £264 victim surcharge, taking the total amount to £1,244. The man must pay £448 in total, comprising a £100 fine, £320 in costs and a £28 victim surcharge.

Council Leader Mark Stephenson, who is TDC’s Cabinet Member responsible for Finance and Governance, said: “No one should have to put up with persistent smoke and fumes stopping them from enjoying their own home or garden.

“We always hope concerns can be resolved through consideration for neighbours, but when the problem continues and a formal notice is ignored, we will not hesitate to take action.

“This case should serve as a clear warning that breaching an abatement notice can lead to prosecution and a significant financial penalty.”

When smoke causes a statutory nuisance and unreasonably affects someone’s enjoyment of their home or garden, the council can serve a formal abatement notice under the Environmental Protection Act 1990. If that notice is breached, the council may take further action.

To report an ongoing bonfire nuisance, residents should provide their contact details, the address causing the nuisance, and a record of dates, times, frequency and how they have been affected.

For more information about bonfires, how to avoid causing a nuisance and how to report a problem, go to https://www.tendringdc.gov.uk/content/bonfires.

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