The law

From 6th April 2006 the Clause 102 of the Clean Neighbourhoods and Environment Act 2005 will make artificial lighting emitted from premises (security lighting) a statutory nuisance. Not all lighting will fall under the remit of the Council as areas such as airport lighting have been exempt from statutory nuisance and street lighting is unlikely to fall within the remit of the Act.

New Developments

The best method of dealing with light pollution is at the planning stage in order to influence the design or installation of lighting schemes. However, not all developments require planning consent. Those that do are developments involving the carrying out of building engineering or which involve making material changes to existing buildings or land.

Existing Developments

Whilst there is no case law for Light Nuisance as yet, case law in private nuisance recognises that there must be a balancing act between a householders right to protect their property and their neighbours right to comfortable enjoyment of their property.

A complaint of artificial light nuisance may also be mitigated by the installation of curtains or blinds, by complainants.

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Assigned review date:
25/06/2014

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