Understanding the Laws Around Artificial Light Nuisance

Our Property Litigation team are seeing an increasing number of enquiries with regard to the use and enjoyment of a home being impacted by neighbour’s lighting of gardens, both at the rear and at the front of residential premises.

What can be done?

The Environmental Protection Act 1990 requires Councils to look into complaints with regard to artificial light from premises, if the light could be classed as a “statutory nuisance”.

For artificial light to count as a statutory nuisance, it must do one of the following:

• Unreasonably and substantially interfere with the use or enjoyment of a home or other premises; or
• Injure health, or be likely to injure health.

If a Council agrees a statutory nuisance is being caused, they can serve an abatement notice on the person responsible.

What are the causes of Artificial Light Nuisance?

Typically, security lights are the main issue, but occasionally there are other causes of artificial light nuisance such as floodlit sports facilities, decorative lighting of buildings or landscapes and laser light shows.

It should be noted that the Statutory Nuisance Laws do not apply to certain facilities critical to the nation’s infrastructure, such as airports, harbours, railways, bus stations, goods vehicle operating centres etc.

What will the Council assess?

When looking into a complaint with regard to artificial light nuisance, a Council will assess the following matters:

• Whether it interferes with the use of your property;
• Whether it affects the health of anyone living in your property;
• Unusual sensitivities to light will not cause a statutory nuisance, so the nuisance must be such as would be likely to effect the “average person”;
• Frequency and duration; and
• Whether it is in the town or the country.

It should be noted there are no set levels for light to be considered as a statutory nuisance, although a Surveyor’s Report on the issue would undoubtedly assist in seeking to persuade a Council that they should take action, as would a Report from a medical professional as to the effect it was having on the complainant.

How Pinney Talfourd can help?

If you believe that artificial light from a neighbouring property is causing a nuisance and affecting the enjoyment or your home, it’s important to take action. Understanding your legal rights and the potential for a statutory nuisance claim can help you resolve the issue effectively.

At Pinney Talfourd Solicitors, our expert property litigation team is experienced in handling cases involving light nuisance. We can guide you through the process, from assessing the situation to helping you take the necessary legal steps to protect your home.

Contact us today to discuss how we can assist you in resolving your artificial light nuisance concerns.