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 diary 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 - 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:

• 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.

• Statutory Nuisance from Insects and Artificial Light - Guidance on Sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005".

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