Nuisance from Artificial Light
In the Clean Neighbourhoods and Environment Act, Local Authorities can 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:
- Impact - such as material interference with use of property, or personal well-being
- Local Environment
- Motive - 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:
- Railway premises
- Bus stations and associated facilities
- 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.
- 01304 872428 (during office hours)
- 01304 821199 (outside office hours)
Please report street light problems to Kent Highways.