Nuisance from 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.
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 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
- Impact - i.e. material interference with use of property, or
personal well-being
- Local Environment
- Motive - i.e. unreasonable behaviour or normal user
- Sensitivity of complainant
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.
The Department for Environment Food and Rural
Affairs (DEFRA) has provided some guidance regarding the
investigation of light nuisance.
For further advice or assistance please contact the
Environmental Protection Team on 01304 872428 or email us at
Env.health@dover.gov.uk
