Artificial light nuisances can be a significant problem for individuals and businesses alike. Whether it's that glaring security light that keeps you up at night or the excessive floodlights on a nearby sports field, these issues can greatly interfere with your quality of life. Fortunately, local councils are tasked with investigating and resolving complaints related to artificial light nuisances.

Understanding Statutory Nuisances

According to the Environmental Protection Act 1990, artificial light can be classified as a 'statutory nuisance' if it unreasonably and substantially affects the use or enjoyment of a home or premises, or if it poses a risk to health. When a council receives a complaint and determines it as a statutory nuisance, they are required to serve an abatement notice to the responsible party. This notice obliges them to either halt or restrict the offending light source. Generally, the notice is delivered to the individual responsible for the light, but it can also be served to the owner or occupier of the premises in question.

It is important to note that statutory nuisance laws do not cover natural light issues.

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Common Sources of Artificial Light Nuisances

Various sources can lead to artificial light nuisances if they are not appropriately maintained or used. These sources include:

• Security lights (both domestic and commercial)
• Sports facilities with floodlit fields
• Decorative lighting of buildings or landscapes
• Laser shows and light art

Exemptions from Statutory Nuisance Laws

Some premises are not subject to statutory nuisance laws regarding artificial light. These include:

• Airports
• Harbours
• Railway premises
• Tramway premises
• Bus stations
• Public transport operating centres
• Goods vehicle operating centres
• Lighthouses
• Prisons
• Defence premises like army bases
• Premises occupied by visiting armed forces

Special Rules for Business, Trade, Industrial, and Sports Club Premises

In the case of abatement notices being served to business, trade, industrial, or sports club premises, there are special rules in place. If the premises can demonstrate that they have taken the best practicable measures to address and minimize the light nuisance, it may serve as grounds for an appeal against the abatement notice or as a defense in case of prosecution for non-compliance.

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Assessing Artificial Light Nuisances

When councils investigate complaints regarding potential light nuisances, they consider several factors, including:

• The impact on the property's use
• Potential health effects
• How the average person is likely to be affected (individual sensitivities are not considered)
• Frequency and duration of the nuisance
• Time of occurrence
• Whether the premises are situated in an urban or rural setting

It is important to note that statutory nuisance laws do not define specific levels of light that constitute a nuisance. Each case is assessed on its individual merits.

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Frequently Asked Questions

Q: How quickly should I expect the council to address my complaint?
A: The timeframe for resolving complaints varies depending on the council's workload and the complexity of the case. However, councils strive to address complaints in a timely manner.

Q: Can I take legal action against a neighbor or business causing an artificial light nuisance?
A: If the council fails to resolve the issue satisfactorily, you may consider seeking legal advice on the specific circumstances to determine if further action can be taken.

Q: Can I install blinds or curtains to mitigate the impact of artificial light nuisances?
A: Yes, installing appropriate window coverings can help reduce the impact of external light sources on your property.

Q: Can I report artificial light nuisances anonymously?
A: Many councils allow anonymous reporting; however, it is advisable to provide your contact details for follow-up purposes if needed.

Q: What evidence should I provide when complaining about an artificial light nuisance?
A: It is helpful to provide specific details, such as the location, frequency, and duration of the nuisance, along with any supporting photographic or video evidence if available.

Remember, if you are experiencing an artificial light nuisance, it is crucial to report it to your local council so they can investigate and take appropriate action.