Flaming hell: Dark smoke costs business in court

Published: 22 September 2022

An image of a bonfire

A property development company has been fined after one of its contractors polluted the Folkestone air with dark smoke.

Earls Avenue Limited has pleaded guilty to omitting dark smoke from industrial or trade premises, contrary to the Clean Air Act 1993, at a property in Radnor Park Crescent.

Folkestone & Hythe District Council was made aware of the burning waste by a member of the public on 3 February 2022.

Officers attended and witnessed a lightbulb exploding on the flaming bonfire - which also contained metal and wood - in the back garden. It was being marshalled by contractors working on behalf of the defendant.

The colour of the smoke being emitted was categorised as level four out of five on the Ringelmann chart - a scale used to define dark smoke. Anything darker than two is an offence.

Appearing before Folkestone Magistrates' Court on Monday 12 September, Earls Avenue Limited was ordered to pay a fine and costs totalling £780.

Cllr Stuart Peall - Cabinet Member for Enforcement, Regulatory Services, Waste & Building Control - said: "All of the waste was produced from the renovation of a property and should have been disposed of in a safe and considerate way.

"This successful prosecution is a warning to businesses that believe they can get away with damaging our local environment without having to face the consequences."

Council leader Cllr David Monk added: "Here we have yet another example of residents and the council working together for the benefit of our district.

"Reporting matters like this to the council means we can investigate and take appropriate action, so we're grateful to the resident for getting in touch about this incident."

Visit here to report issues including environmental complaints, fly-tipping and noisy neighbours.

Date published: 22 September 2022