Light Nuisance

Light Nuisance

Disturbing illumination

Light Nuisance

Recent changes in the law following the inception of the Clean Neighbourhood and Environment Act 2005 has resulted in the inclusion of artificial lighting as a possible statutory nuisance. 

Common complaints received by local Authorities include lighting from both domestic and commercial security or decorative lights, illuminated billboards and floodlights.

Some premises are exempt from light nuisance legislation, these include lighting from premises where high levels of light are required such as:
• Airports
• Harbours
• Railway Premises
• Tramway Premises
• Bus Stations & associated facilities
• Public Service Vehicle Operating Centres
• Goods Vehicle Operating centres
• Lighthouses
• Prisons
• Premises occupied for Defence purposes

There are no set levels of light above which a statutory nuisance is, or may be caused. In order for lighting to constitute a statutory nuisance it must have an unreasonable or detrimental effect on the use and/or enjoyment of your home. An assessment of the level of disturbance being caused will require consideration of the following range of factors including:
• how long the light is on;
• the brightness of the light;
• the angle of the light; and
• the area the light shines into.
The light causing the alleged nuisance must affect you in a habitable room such as the bedroom or living room. If the light can be reduced to a reasonable level using standard curtains or blinds, it is unlikely that the light would be classed as a statutory nuisance.

If you are being disturbed by your neighbours lighting you can do the following:

Try to approach your neighbour to discuss the issue and explain how the light is affecting you. They may be unaware that they are causing a problem to you. Suggest that they either re-angle or partially shade the light.  If this is not feasible then recommend using a bulb with a lower wattage.

If this informal approach fails then you can contact this Council’s Environmental Protection Service who will endeavour to investigate your complaint.  If  officers are satisfied that artificial light from premises amounts to a statutory nuisance then an abatement notice can be served on the person responsible. This may require the activity causing the nuisance to stop altogether, or that good practice is adopted to prevent a nuisance.

Installing Artificial lighting?

If you are considering the fitting of security or decorative lights please follow the tips below:

• Do not fit unnecessary lights.
• Do not use excessively bright lights.
• 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.
• Speak to your neighbours to check your lights are not causing a problem.

If you require further information please contact the Institute of lighting engineers at  http://www.theilp.org.uk/