Frequently asked questions

Light pollution

Light pollution is a growing problem. To avoid light pollution it is necessary to understand how it occurs. 

This may be due to:

A light fitting will deliver light where it is needed, but will potentially also give four areas of unwanted, and wasted, light:

Avoid causing light pollution

Action against light pollution
If you are experiencing light pollution form your neighbours try approaching the owner of the offending light, politely requesting:

It might help if you can show the neighbour the effect of the light from your side of the fence. You can also politely suggest to the owner that they may be wasting money on excessive lighting.

Note: lights do not always deter criminals (the main insurers do not offer any reductions in premiums for exterior lighting).

Legal solutions
From 1 April 2006, light pollution was brought into the definition of a 'statutory nuisance', this is defined as "artificial light emitted from premises so as to be prejudicial to health or a nuisance". It constitutes a statutory nuisance under the Environmental Protection Act 1990 (provision added by the Clean Neighbourhoods and Environment Act 2005).

Light generated at a variety of types of premises are exempt from this new law, these area as follows: airports/harbour/railway/tramway/bus premises and any associated facilities, public service vehicle operating centres, goods vehicle operating centres, lighthouses and prisons.

Also, a statutory defence of 'best practicable means' will be available to:

Planning legislation also covers the lighting of many of these facilities. In reality, therefore, the focus for these new provisions is that of domestic security lighting. It must be noted, however, that 'nuisance' is not the same as 'annoyance', and a strict legal definition of statutory nuisance would have to apply before any formal action could be taken. Complaints can be made to the noise and nuisance team on (020) 8825 6633.

Civil law - Civil litigation involves suing the owner of the light.  If the action is lost, the costs are paid by the complainant. There is no record of such a case being brought, and it is far from certain that the complainant would win. Legal advice should be sought before initiating these proceedings.

Planning permission
Some lighting schemes need planning permission (usually as part of a building development of some kind).  Ealing Council's Unitary Development Plan (UDP) is the basic policy framework within which planning decisions are made. It includes clauses specifically aimed at "controlling light pollution in the interests of amenity, sustainability and possible disturbance to wildlife."

Lighting schemes for new building developments may have conditions imposed, as part of their planning permission, to ensure that no light pollution is created.  If such lighting causes concern, through any conditions being breached, the Planning Department could take enforcement action.

Councillors and MP's may be able to become involved in specific cases. Send acknowledgements to:

Bob Mizon
38 The Vineries, Colehill, Wimborne, Dorset BH21 2PX

The Institution of Lighting Engineers
Lennox House, 9 Lawford Road, CV21 2DZ