Light
Statutory Nuisance
The Clean Neighbourhoods and Environment Act 2005 has amended
the Statutory Nuisance provisions to include artificial lighting
from domestic premises.
It does not apply to light emitted from:
- an airport
- harbour premises
- railway premises
- tramway premises
- bus station
- public service vehicle operating centre
- goods vehicle operating centre
- a lighthouse or a prison
Light pollution can be characterised in several forms. It can
keep you awake at night if it is shining through your bedroom
window. It can also obscure your view of the night sky.
Forms of light pollution
Glowing Sky – Mainly caused by the amount of
light emitted from towns, motorways and cities
Light Trespass – Usually emitted from a
neighbouring property which spills over from their boundary into
yours, eg. Security lighting on a neighbour’s property at the end
of your garden may shine directly into your bedroom window.
Glare - Very bright light when viewed against a
dark background eg. the night sky.
What do I do if my Neighbour’s light is causing me a
problem?
Try talking to them about it initially. They may be completely
unaware of the problem it is causing you. Ask the neighbour
politely to redirect the light to reduce glare onto your
property.
What can I do to reduce the problems of light pollution?
- Switch off lights when not in use
- Direct security lights downwards to illuminate the target and
reduce glare
- Use lighting equipment designed specifically to reduce spread
of light
- Do not over light your property, keep lighting to a
minimum
- Restrict glare by ensuring the main beam angle is directed
towards the observer and is kept below 70°
- The higher you mount the light the lower the main angle beam
will need to be
Domestic and Security Lighting
- Use low brightness light for all night use to illuminate
porches
- Energy efficient light bulbs reduce the amount of electricity
used
- Avoid using 350/500W lamps, instead use infra red detectors or
150W Halogen bulbs for security
What if my neighbour won’t move or adjust their light?
You have two choices. Either contact Ashford Mediation Service
on (01233) 663488 and ask if they will contact your neighbour on
your behalf requesting mediation. Mediation has successfully
brought many neighbour disputes to a satisfactory conclusion
through compromise on both sides.
OR if that doesn’t work you can use the formal route under
statutory nuisance legislation. You will need to contact us
with details of your complaint. An Officer will visit the property
to see the problem and may recommend taking action under Section 79
of the Environmental Protection Act 1990 (c. 43) as amended by the
Clean Neighbourhoods and Environment Act 2005. A judgement is made
as to whether artificial light emitted from a premises is
prejudicial to health or a nuisance based on what a normal person
would accept.
Formal action shouldn’t be taken lightly. The process can be
lengthy and being in a protracted dispute with a neighbour can be
very stressful. You may be asked to appear as a witness in the case
so should be prepared to do so. Going down this route may mean
relations between you and your neighbour become irreconcilable.
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This webpage was updated on 6/9/2008