The installation of unsympathetically designed external lighting may adversely impact occupiers of neighbouring properties. If the impact is of such severity and frequency the lighting could be prejudicial to health or a nuisance.
This does not apply to artificial light from:
an airport;
harbour premises;
railway premises;
tramway premises;
bus stations and any associated facilities;
public service vehicle operating centers;
goods vehicle operating centers;
lighthouses;
prisons.
The legal defense of "best practicable means" is available in respect of:
artificial light being emitted from industrial, trade or business premises; and
artificial light emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility
The term "statutory nuisance" is given the legally defined word in the Environmental Protection Act 1990. It is not about annoyance or aesthetics, it is essentially about public health and whilst lights briefly turning on and off, triggered by cats or foxes, may be irritating to light sleeping people with thin curtains, they will rarely, if ever, be harmful.
If the artificial lights are found to be causing a statutory nuisance, the Council can formally require the person responsible for the lights to resolve the problem.
Civil action can also be taken by an individual to tackle a lighting problem. He or she would have to be able to prove that a nuisance existed. A nuisance can be described as an adverse state of affairs that interferes with an individual's use and enjoyment of his or her property.
Is light pollution the same as light nuisance?
Light pollution is any form of artificial light which shines outside the area it needs to illuminate including light which is directed into the night sky creating a sky glow.
Glowing Sky – Mainly caused by the amount of light emitted from towns, motorways and cities
Light Trespass – Usually emitted from a neighbouring property which spills over from their boundary into yours, e.g. Security lighting on a neighbour’s property at the end of your garden may shine directly into your bedroom window.
Glare - Very bright light when viewed against a dark background e.g. the night sky.
Although light pollution may affect the beauty of the night sky and our view of the stars, it is not a light nuisance unless it interferes with a person's use of their property or is prejudicial to their health.
How to Avoid causing light pollution
do not fit unnecessary lights;
do not use excessively bright lights - a 150 watt tungsten halogen lamp is quite adequate. 300 or 500 watt bulbs are too powerful for domestic security lighting;
do not leave lights on when they are not needed, consider controlling lights with passive infra-red detectors, ensuring that they are correctly aligned and installed.
Advice on Installing Domestic Security Lighting
Please view the advice given by the Institution of Lighting Engineers (ILE) on installing domestic security lighting - Installing Security Lighting (pdf document).
What if my neighbour won’t move or adjust their light? You have two choices.
Ask them if they will contact your neighbour on your behalf requesting mediation. Mediation has successfully brought many neighbour disputes to a satisfactory conclusion through compromise on both sides.
OR
If that doesn’t work you can use the formal route under statutory nuisance legislation. You will need to contact us with details of your complaint.
An Officer will visit the property to see the problem and will make a judgment as to whether artificial light being emitted from the premises is prejudicial to health or a nuisance based on what a normal person would accept. If so, notices will be served under Section 79 of the Environmental Protection Act 1990 (c. 43).
Formal action shouldn’t be taken lightly. The process can be lengthy and being in a protracted dispute with a neighbour can be very stressful. You may be asked to appear as a witness in the case so should be prepared to do so. Going down this route may mean relations between you and your neighbour become irreconcilable.
New Developments
The best method of dealing with light pollution is at the planning stage. This is an ideal time to influence the design or installation of lighting schemes. However, not all developments, for example domestic security lighting, require planning consent. Those that do are developments involving the carrying out of building or engineering or which involve making material changes to existing buildings or land.
Further Information
A DEFRA guidance leaflet on statutory nuisance from lighting is available - Statutory nuisance from artificial light guidance (pdf document).
