Local environment quality: Light pollution
Light nuisance
Defra is responsible for policy on artificial light from premises. The Office of the Deputy Prime Minister is responsible for policy on lighting in the planning regime, and the Department for Transport is responsible for policy on street lighting.
Defra publications
-
Statutory Nuisance from Insects and Artificial Light - Guidance on Sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005
(376 KB).
Includes guidance to local authorities on assessing artificial light nuisance. -
Assessment of the Problem of Light Pollution from Security and Decorative Lighting: published guidance / standards on obtrusive light
(1.2 MB) note large file size. March 2006.
This report was produced by Temple, assisted by NEP Lighting Consultancy, at the request of Defra. The report gives an overview on published guidance and standards on obtrusive light. Any recommendations in this report are the author’s own and not those of Defra.
Dealing with artificial light nuisance
What is light nuisance?
The Clean Neighbourhoods and Environment Act 2005 amended the Environmental Protection Act 1990 to bring artificial light from premises under the statutory nuisance regime as of 6 April 2006.
What to do if you are suffering from artificial light nuisance from premises
If you are concerned about light nuisance coming from a neighbour’s garden, a local business or manufacturer, often the best way to deal with the problem is to go straight to the source.
Consider talking to the person or company responsible for the light nuisance and point out the problem. You may find that they are unaware that they are causing a disturbance. Remember we may all be guilty of creating a nuisance from light nuisance at some time without knowing it. The problem is not always one of inconsiderate behaviour.
Mediation could be the answer
If the direct approach does not work you may want to consider mediation. An independent third party will listen to the views of both parties and can help you to reach an agreement or compromise. You can obtain details about the location of services in your area from Mediation UK on 0117 9046661.
Taking formal action
When informal action is not possible or fails, you can resolve the problem by taking formal action. The most common route involves complaining to your local authority about the light problem. Local authorities have a duty to investigate complaints. Under sections 79 to 81 of the Environmental Protection Act 1990 local authorities have a duty to deal with light nuisance from premises which they consider to be a statutory nuisance.
Who do I complain to?
If you want to make a complaint about light nuisance you should contact your local authority, usually the Environmental Health Department. The number will be in your local telephone directory.
If they visit or witness the light problem and are satisfied that a statutory nuisance exists or is likely to occur or recur, they must take action. If the light nuisance is intermittent, they may ask you to keep details of the problem in the form of a diary.
Sometimes they may measure the light as part of their investigation into a complaint. There is no set level at which artificial light from premises becomes a statutory nuisance.
Serving an abatement notice
If the local authority is satisfied that artificial light from premises amounts to a statutory nuisance they must serve an abatement notice. This may require the activity causing the nuisance to stop altogether, or that good practice is adopted to prevent a nuisance. A notice must be served on the person responsible for the light nuisance or, in certain circumstances, the owner or occupier of the premises. A person on whom an abatement notice has been served has the right of appeal within twenty-one days of it being served. Industrial, trade and business premises, as well as relevant sports premises, may use as a defence upon appeal or against prosecution the proof that ‘best practicable means’ were used to prevent or counteract the effects of a nuisance.
Failure to comply with an abatement notice
If a person on whom an abatement notice has been served fails, without reasonable cause, to comply, s/he will have committed an offence. For offences relating to domestic premises, the magistrates’ court may impose a fine of up to £5,000 with a further fine of up to £500 for each day on which the offence continues after conviction. When the nuisance arises on industrial, trade or business premises, the maximum fine is £20,000.
Select Committee
The House of Commons Select Committee on Science and Technology held an inquiry into light pollution and astronomy. This focused on the effectiveness of measures taken to reduce the impact of light pollution:
- The House of Commons Select Committee on Science and Technology: light pollution and astronomy on Parliament website (870 KB) - October 2003
Government response
The Government published its response to the House of Commons Select Committee on Science and Technology report on light pollution and astronomy on 18 December 2003.
- Response to the House of Commons Select Committee on Science and Technology report on light pollution and astronomy (on Parliament website) - December 2003
Non-Defra links
The following section aims to provide contact details and links that may be useful and relevant to people interested in light pollution.
Please note that the non-Defra contacts listed below are not the responsibility of the Defra and we can therefore take no responsibility for their content or views expressed therein.
- Environment Agency - light pollution.
- Latest UK-wide and England-wide planning policy (includes latest policy on pollution including lighting) is on the Office of the Deputy Prime Minister website (Planning Policy.
- Lighting in the Countryside - Towards Good Practice on the Office of the Deputy Prime Minister website.
- Institution of Lighting Engineers (ILE) - Guidance Notes for the Reduction of Light. These includes a useful leaflet on selecting and installing domestic security lighting.
- The Campaign to Protect Rural England (CPRE) campaign on Night Blight.
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Page last modified:
5 April 2006
Page published: 20
January 2004