Cecily Zamora
Light pollution is a common problem in the UK, with artificial light shining where it is not wanted or needed. This can include security lights, which can cause issues for neighbours if they are too bright or poorly directed. In the UK, light pollution is considered a statutory nuisance under the Clean Neighbourhoods and Environment Act 2005, which updated the Environmental Protection Act 1990. This means that security lights that are deemed to be prejudicial to health or a nuisance can be addressed by the local council's Environmental Health Department, who can take legal action. This includes issuing an abatement notice, which, if not complied with, can result in fines or court action. To avoid causing light pollution, it is recommended that security lights are correctly adjusted, use appropriate wattage bulbs, and are directed only at the area intended.
| Characteristics | Values |
|---|---|
| Type of law | Statutory nuisance |
| Relevant legislation | Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005 |
| Enforcing authority | Local council's Environmental Health Department |
| Applicable law enforcement | Fine not exceeding £5,000 for residential premises and £20,000 for commercial premises |
| Lighting recommendations | Avoid excessively bright lights, use passive infra-red detectors or timers, ensure lights are correctly adjusted and do not intrude neighbouring properties |
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What You'll Learn
Security lights and the law on private nuisance
Security lights can cause a private nuisance if they interfere with a neighbour's enjoyment of their property. This includes when security lights shine into a neighbour's bedroom window, preventing them from sleeping. In such cases, the law does not require victims to protect themselves by installing blackout blinds or curtains. The courts have held on at least three separate occasions that security lights can cause a private nuisance and have awarded compensation or granted an injunction to the victims.
Under the Environmental Protection Act 1990, as amended by the Clean Neighbourhoods and Environment Act 2005, light pollution from security lights can be designated a statutory nuisance if it is prejudicial to health or a nuisance. This means that the light unreasonably and substantially interferes with the use or enjoyment of a home or other premises. The local council's Environmental Health Department can take legal action in such cases, as it is a criminal offence for exterior light to be prejudicial to health or a nuisance.
To avoid causing a nuisance, security lights should be correctly adjusted so that they only illuminate the intended area and do not shine onto neighbouring properties. Domestic security lights only need a 150W lamp, and porch lights only need a 9W bulb. To reduce glare, the main beam angle for all lights should be below 70 degrees. If uplighting is necessary, shields or baffles can be installed above the lamp to reduce the amount of wasted upward light.
If a security light is causing a nuisance, the first step is to approach the neighbour to explain the situation. In most cases, the problem can be resolved by using a lower wattage bulb or adjusting the placement of the lights and sensors. If this does not work, mediation can be considered, where an independent third party will help both sides reach an agreement or compromise. If the issue still persists, a complaint can be made to the local council, who will assess whether the light constitutes a statutory nuisance. If it is found to be a statutory nuisance, an Abatement Notice will be served, and any further occurrence of the nuisance will be a criminal offence punishable by a fine.
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What to do if security lights are keeping you awake
If you are being kept awake by security lights, you may be experiencing light pollution, which is the intrusion of overly bright or poorly directed lights onto neighbouring properties. This can include a neighbour's security light shining into your bedroom. Light pollution is considered unreasonable and a nuisance in the UK, and it is your neighbour's responsibility to resolve the issue.
The first step is to approach your neighbour to explain the situation. They may be unaware of the problem and simple adjustments, such as installing a lower wattage bulb or adjusting the placement of fixings, sensors, and shielding accessories, may be all that is needed.
If the direct approach does not work or you are unable to speak with your neighbour, consider mediation. An independent third party will talk to both sides to help reach an agreement or compromise.
If these options do not resolve the issue, you can contact your local council, which can assess whether the light constitutes a statutory nuisance under the Clean Neighbourhoods and Environment Act 2005. This act extends the nuisance provisions of the Environmental Protection Act 1990 to cover artificial light emitted from premises, excluding transport facilities, freight depots, lighthouses, defence premises, and prisons. If a statutory nuisance is found, the council will serve an abatement notice to prohibit the recurrence of the lighting issue or restrict the lighting. If the notice is not complied with, the matter can be escalated to the Magistrates Court, which can impose a fine or transfer the matter to the High Court for an injunction.
It is important to note that there is currently no legislation regarding lighting in Northern Ireland, and premises used for transport purposes or where high levels of light are required for safety and security reasons are generally excluded from the acts mentioned above.
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How to avoid causing a nuisance with security lights
Security lights can cause a nuisance if they are too bright or poorly directed, with light intruding onto neighbouring properties. This is known as light pollution, and it can affect people's enjoyment of their property and their view of the night sky.
To avoid causing a nuisance with security lights, consider the following:
- Use a 150W lamp for domestic security lights and a 9W bulb for porch lights.
- Use passive infra-red detectors or timers to avoid lighting during unsocial hours.
- Ensure lights are correctly adjusted so that they only illuminate the intended area and do not shine onto neighbouring properties or into windows.
- When aiming floodlights, only light the specific area that needs to be lit.
- To reduce glare, keep the main beam angles of all lights below 70 degrees.
- If uplighting is necessary, install shields or baffles above the lamp to minimise the amount of light shining upwards.
- Avoid installing equipment that spreads light above the horizontal.
If you are experiencing issues with security lights, it is recommended to first approach your neighbour to explain the situation. They may be unaware of the problem, and simple adjustments such as using a lower wattage bulb or adjusting the placement of fixings, sensors, and shielding accessories may be all that is needed. If this does not work, consider mediation with an independent third party.
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The Clean Neighbourhoods and Environment Act 2005
Light pollution is the intrusion of overly bright or poorly directed lights onto neighbouring properties. This can include a neighbour's security light shining into a bedroom, disrupting sleep. It is considered unreasonable and a nuisance, and it is not resolved by the complainant using blackout blinds or curtains.
The Act empowers local councils' Environmental Health Departments to take legal action against light pollution, treating it as a criminal offence. However, it is important to note that this law does not cover all forms of light pollution. It specifically targets severe cases of lighting from premises that cause significant nuisance to others.
To address light pollution, it is recommended to use appropriate wattage bulbs and properly place fixings, sensors, and shielding accessories. Additionally, passive infra-red detectors or timers can be used to avoid lighting during unsocial hours. When aiming floodlights, it is important to only illuminate the necessary areas, and main beam angles for all lights should be below 70 degrees to minimise glare.
If a statutory nuisance is identified, an Abatement Notice will be served to prevent its recurrence or restrict the lighting. Failure to comply with the Abatement Notice can result in a fine of up to £5,000 for residential properties and £20,000 for commercial premises.
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How to report light pollution
Light pollution is excessive artificial light that intrudes onto neighbouring properties. It can be caused by security lights, floodlighting, or other forms of bright lighting. In the UK, light pollution is considered a statutory nuisance under the Environmental Protection Act 1990, as amended by the Clean Neighbourhoods and Environment Act 2005.
If you are experiencing light pollution from a neighbour or business, here are the steps you can take to report it:
- Try speaking to your neighbour first: Often, the person causing the light pollution may be unaware of the problem. By politely explaining the situation, you may be able to resolve the issue amicably. Suggestions could include re-angling the light or using a lower-wattage bulb.
- Mediation: If approaching your neighbour directly is not possible or does not work, consider mediation. An independent third party can help facilitate a discussion and work towards a mutually agreeable solution.
- Report to the local council: If the above steps are unsuccessful, you can report light pollution to your local council's Environmental Health Department. They will assess whether the light pollution could be classed as a 'statutory nuisance' under the Environmental Protection Act 1990. There are no set levels of light to be considered a statutory nuisance, but it must substantially interfere with the use or enjoyment of a home or other premises.
- Provide evidence: When submitting your report, it is helpful to include any relevant evidence, such as records of the times the light is a problem, photos, or videos. This will assist the council in their investigation.
- Council investigation: The council will review your report and decide whether to investigate. If they decide to proceed, they will typically contact the person or business causing the light pollution and request that they resolve the issue to avoid further action.
- Abatement Notice: If the council determines that the light pollution constitutes a statutory nuisance, they can serve an Abatement Notice on the person responsible. This notice will outline the actions required to reduce light pollution and the timeframe for compliance. Failure to comply with the Abatement Notice can result in fines or further legal action.
- Witness statement and court attendance: In some cases, if the council takes legal action, they may ask you to provide a witness statement and attend court as a witness. It is important to note that your name and contact details will not be shared with the person or business you are reporting.
Remember, light pollution can significantly impact people's enjoyment of their homes and the night sky. Taking appropriate steps to address the issue can help raise awareness and find a resolution that works for everyone involved.
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Frequently asked questions
Light pollution is the intrusion of over-bright or poorly directed lights onto neighbouring properties. This includes domestic security lights that shine into a neighbour's bedroom, preventing them from sleeping.
Under the Environmental Protection Act 1990, as amended by the Clean Neighbourhoods and Environment Act 2005, some types of light pollution can be designated a statutory nuisance if they are proven to be prejudicial to health or a nuisance.
A statutory nuisance is an artificial light emitted from premises that unreasonably and substantially interferes with the use or enjoyment of a home or other premises.
You can first try to approach your neighbour to explain the situation. If that doesn't work, you can consider mediation, where an independent third party will help both sides reach an agreement or compromise. If mediation doesn't work, you can contact your local council, which can assess whether the light is a statutory nuisance. If a statutory nuisance exists, the council can serve an abatement notice to prohibit its recurrence or restrict the lighting. If the notice is not complied with, the matter can be escalated to the Magistrates Court.
Only use the right amount of light for the task. For domestic security lights, a 150W lamp is adequate. Make sure lights are correctly adjusted so that they only illuminate the intended area and do not shine onto neighbouring properties.
