Blaby District Council

Summary

"Nuisance light" is artificial light from a man made source. This could include household lighting, flood lighting, street lighting, advertising and display lighting and building illumination.

From 6th April 2006 Local Authorities have the power to tackle light pollution under the Environmental Protection Act 1990. Environmental Protection officers are able to investigate light pollution complaints although there are a few exceptions to this (see further information below).

Further information

What is nuisance light?

Nuisance light is artificial light emitted from premises which is "materially interfering with the comfort and enjoyment of another’s home." In practice, to be a statutory nuisance, the light would have to be excessive and unreasonable in the circumstances and significantly interfere with the use and enjoyment of someone’s home. An example could be the prolonged use of lights, which cause disturbance of sleep to your neighbour.

Can all light sources be investigated?

Environmental Protection officers can investigate a variety of artificial light issues such as: domestic security lights, commercial security lights, sports facilities and domestic decorative lighting. However, there are exclusions. Those are airports, harbours, railway premises, bus stations, public service vehicle operating centres, lighthouses, prisons, defence premises and goods vehicle operating centres. It is not the intention that the Act be used to ensure a clear view of the night sky, however desirable this may be.

Can I make a complaint to the council and how will it be investigated?

The Council can investigate complaints of nuisance lighting under the Environmental Protection Act 1990. All complaints are treated confidentially, however with cases relating to light nuisance it is usually obvious who has complained, therefore it is normally a good idea to initially approach your neighbour and try to resolve the issue informally. The person responsible for the lighting is normally unaware that their light is causing a disturbance and therefore happy to alter the light.

If approaching your neighbour does not have the desired effect then the Council can investigate the complaint. Environmental protection officers will contact you and your neighbour, and discuss the issue. A visit may also be made to assess the light in question is causing a statutory nuisance.

If the light is found to be a statutory nuisance, the Council can serve a notice requiring that the light to be altered so as not to cause a problem.

Is there anything I can do without involving the Council?

Yes, talk to your neighbour as they may be genuinely unaware that their light is causing a problem. This may also be the quickest and most effective means of resolving matters.

Any individual may take private action under the Environmental Protection Act 1990 without the involvement of the Council.

How do I take private action?

Under section 82 of the Environmental Protection Act 1990, any person may make a complaint directly to the magistrates’ court if they feel aggrieved by a statutory nuisance. It is advised that you contact a solicitor if you wish to pursue this course of action.

How can artificial light nuisance be avoided?

The best method of dealing with light pollution is at the planning stage. This is an ideal time to influence the design and installation of lighting schemes. However not all development requires planning permission.

Many cases of artificial light nuisance can be solved through simple engineering techniques and consideration of function and effect, including:

• Reducing the level of illumination to a minimum
• Use of a motion sensor
• Use of a timer to reduce the operation of the light
• Use of bulkhead or porch lights instead of security lights which have reduced glare and use less energy
• Vegetation may help screen the light at certain times of year provided the movement of the vegetation itself does not trigger the light.

Contact us

Officer / Team	Environmental Protection Team
Postal address	Blaby District Council Council Offices Desford Road Narborough Leicester LE19 2EP
E-mail address	environmental.health@blaby.gov.uk
Telephone	0116 272 7555
Fax	0116 272 7594

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This page was last updated on 24th June 2009