Artificial Light
In 2005 the Clean Neighbourhoods and Environment Act amended the Environmental Protection Act 1990 to include nuisance from artificial light. It is now possible for Local Authorities to take action against individuals or businesses who cause a light nuisance to neighbouring properties. Importantly, this relates to light from artificial lighting so does not deal with the reflection of sunlight ("Glare") from buildings or surfaces (solar farms for example). This is primarily about light intrusion within a domestic premises that "lights up" a bedroom at night even with normal curtains to the windows drawn.
As with other nuisances (noise, odour etc.), the onus is on the Local Authority to demonstrate that the nuisance is occurring, or likely to occur. As such, we may require evidence from the person suffering the nuisance in the form of log sheets, photographs, video evidence etc., to demonstrate that the light is affecting the use and enjoyment of their property.
The determination of a statutory nuisance is based on numerous factors, including:
- Duration,
- Frequency,
- Severity of Impact - i.e. material interference with use of property, or personal well-being,
- Local Environment,
- Motive - i.e. unreasonable behaviour/poor design or normal use.
There are certain premises exempt from the legislation. These are premises used for transportation and premises where high levels of light are required for safety and security reasons, this includes:
- Airports,
- Railway premises,
- Bus stations and associated facilities,
- Lighthouses,
- Prisons,
- Military facilities.
Once sufficient evidence has been provided, we shall attempt to resolve the complaint informally. If an informal approach is unsuccessful and we are satisfied that a statutory nuisance exists, we have the option of taking legal action.
There are some links to the right of this page providing more detailed guidance on good practice when designing lighting schemes.