Burbage man prosecuted over illegal chimney smoke and fumes

Environmental Health Officers from the Borough Council had acted following complaints from neighbours

A Burbage man who repeatedly subjected his neighbours to clouds of dark, foul smelling smoke by burning unsuitable materials on a wood burning stove was prosecuted yesterday (21 November) for a breach of a Community Protection Notice (CPN) which had been served on him in October 2018 by Hinckley & Bosworth Borough Council.

The terms of the CPN included a requirement that Mr Banbury ensure that smoke was not emitted from his chimney that would be likely to have a detrimental effect on the community and that no treated wood, or any other fuel that may be treated, painted or varnished or likely to give rise to dark smoke or noxious fumes was burned on the appliance.

Environmental Health Officers from the Borough Council had acted following complaints from neighbours of regular bouts of dark, foul smelling smoke coming from Ronald Banbury’s property on The Meadway, Burbage.  

Officers visited Mr Banbury’s home several times and gave him advice on suitable fuels for the appliance, but Mr Banbury ignored the advice and continued to subject his neighbours to regular bouts of dark smoke and pungent odours. The Officers witnessed an acrid, foul smelling smoke, indicative of wood being burned from the chimney at Mr Banbury’s property on the 18 and 19 March 2019.  Both Officers were satisfied that the smoke had a detrimental effect on the local community.

This left the council with no other option than to prosecute Mr Banbury for breaching the CPN and at Leicester Magistrates Court he was fined £120, £300 costs and a £30 victim surcharge.

Mr Banbury had previously been prosecuted by the council for emitting dark smoke from the same chimney in 2012.

Giles Rawdon, Environmental Health Officer for the Borough Council said: “We advise anyone using a solid fuel stove to only burn fuels recommended in the manufacturer’s instructions. Only seasoned, dry wood should be burned and treated or waste wood (eg old furniture, pallets or fence panels) or household rubbish should never be burned as these can emit harmful fumes, toxic pollutants, dark smoke and strong odours. Appliances should be regularly maintained following manufacturers guidelines."