Artificial light is used for a multitude of purposes. However, it is often the case that poorly designed, directed or maintained lighting can have undesirable effects through being too bright, badly aimed or switched on for too long and at inappropriate times.

What is light pollution?
Excessive light in urban areas can lead to something called ‘sky glow’ which wastes energy, disturbs the natural cycles of wild animals and birds and disrupts astronomers’ view of the stars.

What is light nuisance?
In localised cases, excessive and poorly installed and maintained lighting can cause a nuisance to neighbouring occupiers.

What can be done about it?

1) Planning control:
Some types of lighting may require planning permission. This is likely to be true of lighting installed in commercial or industrial situations and any lighting used in connection with advertising signs. Please contact the Planning Department for further information.

2) Speak to those involved:
Minor domestic light fittings are not subject to planning controls. Nevertheless, if you are planning to install external lighting for security or other purposes, you should ensure that the intensity and direction of light does not disturb others.

If you suffer from a problem with light you can start by approaching the owner. A friendly, direct approach, explaining the problem from your perspective, often has the best chance of success especially where there is a relatively simple or straightforward solution to the problem. They may not even be aware that they are causing a problem.

3) Ask the Council to investigate:
If you suffer nuisance from artificial light, think about talking to those involved and explaining the problem. But don’t take any risks – such an approach can sometimes produce a hostile response. Please contact Environmental Services if you don’t feel able to deal with the problem yourself or if you have tried and it hasn’t worked.

Does it constitute a statutory nuisance?
The Clean Neighbourhoods and Environment Act 2005 introduced artificial light as a new category of statutory nuisance defined as light that is“…emitted from premises so as to be prejudicial to health or a nuisance.”

A light nuisance is likely to exist where a source of artificial light significantly and unreasonably interferes with a person’s use and enjoyment of their property or is prejudicial to their health. This means that it must be more than an annoyance or simply awareness of the light source.

A number of factors need to be considered in determining whether an artificial light source is causing a statutory nuisance:

• The time of day/night
• The location e.g. urban/rural
• The brightness and duration of the light source
• The nature or purpose of the light
• The level of light pollution and the area affected
• The effect on the person/people affected.

The Act enables Councils to investigate and deal with artificial light nuisances which meet the above criteria, using their existing powers set out in the Environmental Protection Act 1990.

This DOES NOT INCLUDE artificial light from all sources

Light nuisances can be caused by a variety of artificial light sources, including:

• Domestic and commercial security lights
• Domestic decorative lighting
• Commercial lighting of buildings for aesthetic purposes.

However, some sources are exempt from statutory nuisance legislation, including:

• Airports, harbours, tram and railway premises, bus stations and associated facilities
• Public service vehicles and goods vehicle operating centres
• Lighthouses
• Prisons and military installations.

Furthermore, some commercial premises can make use of the statutory defence that it uses the “Best Practicable Means” to avoid causing a light nuisance. This defence is available for artificial light emitted from industrial, trade or business premises and artificial light used for illuminating an outdoor relevant sports facility.

Ultimately, although not exclusively, it is fair to say that the provision for statutory light nuisance primarily relates to domestic premises.

How can I avoid problems with my artificial lighting?

The following rules will help you reduce the risk:

• Do not fit unnecessary lights
• Do not use excessively bright lights
• Use low energy light bulbs or reduce the power of the bulbs.
• Do not leave lights on when they are not needed: fit timers where appropriate
• Control external lights with properly adjusted passive infra-red detectors
• Consider using shields or adjusting the angle of lighting.
• Check that lights are angled downwards and only illuminate the area intended.
• Check your lights are not causing a problem and speak to your neighbours if possible, especially when installing new external lighting.

• Find out more by downloading our Light Pollution and Light Nuisance Leaflet (55Kb) (opens new window)

• An audio version of this leaflet is also available - Dealing with Light Pollution and Light Nuisance Audio Leaflet (mp3 format) (949Kb)
  

Contact us
If you would like more information, or wish to ask for advice and assistance please contact Environmental Services. You can also use the online feedback form.

Email: Environment@waveney.gov.uk
Telephone: 01502 523117
Write: Town Hall, High Street, Lowestoft NR32 1HS.


Consultation
If you have any ideas or suggestions as to how we can improve our services or the information we have provided, then we would be pleased to hear from you.