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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

 

 

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. A judgement is made 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.

 

Useful Links:

 

This webpage was updated on 12/22/2011

 

Ashford Borough Council, Civic Centre
Tannery Lane, Ashford TN23 1PL
Telephone: 01233 331111
Email: customer.care@ashford.gov.uk or view our contact us page.
Ashford Borough Council Ashford, Best Placed in Britain

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