Pollution from lighting

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Last revised: 6 October 2008

From the 6th April 2006, the Clean Neighbourhoods and Environment Act 2005 added a new section to the definition of statutory nuisance contained within the Environmental Protection Act 1990, to include

"artificial light emitted from premises so as to be prejudicial to health or a nuisance"

However, this does not include light emitted from the following premises. These are premises used for transport purposes and other premises where high levels of light are required for safety and security reasons, i.e.:

  • Airports

  • Public service vehicle operating centres

  • Harbours

  • Goods vehicle operating centres

  • Railway premises

  • Lighthouses

  • Tramway premises

  • Prisons

  • Bus stations and associated facilities

  • Premises occupied for Defence purposes

There are no set levels of artificial light above which a statutory nuisance is or may be caused, and below which it is not. The Environmental Health Officer will take into account of a range of factors including

  • duration,

  • frequency,

  • impact – i.e. material interference with use of property or personal comfort,

  • local environment – nature and character, Motive – i.e. unreasonable behaviour or ordinary action,

  • sensitivity of the plaintiff – statutory nuisance relies on the concept of the average person on the street, and is not designed to take account of extreme sensibilities.

If you are installing outdoor lighting, first consider

  • Is the lighting really necessary?

  • Will the light affect others? (consider the direction of the beam, and prevent “light spill” onto neighbouring properties)

  • Do the lights need to be on all of the time?

  • Could security be better achieved in another way?

  • Where sensors are used to trigger lights, are these able to be set to avoid accidental triggering?

  • Is the proposed lighting too powerful for the intended use?

  • Is the light directed downwards?

You may have good reasons to install exterior lighting on your property but a good neighbour will always take steps to prevent it from becoming a nuisance

Consider your actions carefully to make sure you keep on friendly terms with your neighbours. It is normally possible to set up lights without them upsetting other people.

Planning Permission

Planning Permission may be required for lighting if it alters the material appearance of a building. Local authorities can decide to regulate lighting under planning permission, and set planning conditions for lighting to prevent light pollution. The Planning Department may be able to assist at the development stage and control light pollution through the design of lighting schemes.

Queries

Should you have any queries concerning light pollution then please contact the Housing and Pollution team within our Environmental Health and Protection Services Department on 01380 724911 or email us at kennet@kennet.gov.uk

For further information and guidance please contact:

The National Society for Clean Air (NSCA)
www.nsca.org.uk/pages/environment_facts/light_pollution.cfm (External link)