CB Vs Bedfordshire County Council

[Curlyben]

I must be bored as I've decided to take on another County Council.
Now this may well be short lived, but hey at least I've tried.

So, basically here's the issue.

Carpark at the rear of my parents (and neighbours) house has just had some shiney new street lamps installed.
Now these are light controlled, very bright white lamps, that shine into the houses behind them.

Now I'm sure I've read somewhere about regs concerning street lighting and not causing a nuisance to private houses, but can't remember it for the life of me.

Any ideas ?

[Paule]

Re: CB Vs Bedfordshire County Council

Some bits, might be helpful


Light Pollution and the Law



The Clean Neighbourhoods and Environment Act 2005 makes light nuisance subject to the same criminal law as noise and smells. It applies to "artificial light emitted from premises so as to be prejudicial to health or a nuisance". (section 102, Clean Neighbourhoods and Environment Act, which amends section 79 of the Environmental Protection Act 1990).
All forms of exterior lighting can, if badly angled, cause two broad types of problem, namely light pollution and light nuisance. Light pollution can be defined as every form of artificial light which shines outside the areas it is intended to illuminate, including light which is directed above the horizontal into the night sky, creating the skyglow which has erased the stars over both urban and rural areas during the last half-century. CPRE figures showed that light pollution increased nationally by 24% between 1993 and 2000 (see the CPRE maps). Bad lighting can also cause glare or other nuisance, for example by shining into bedroom windows. It is this second avenue of nuisance that is legislated for under the new Act. It must be noted that light nuisance is often referred to as "light trespass" in non-legal materials. Of course the distinction between nuisance and trespass is that trespass, in law, requires an intentional physical intrusion, and light has not been tested under the law of trespass.
On the face of it, the new law is welcome news for the thousands of sufferers of light nuisance. However, the Act provides for major exclusions listed in section 102(4), which exempts a wide range of public transport buildings (airports, harbour, railway or tram premises, bus stations, public service/goods vehicle operating centres), as well as lighthouses and prisons. Sports facilities are not excluded, however. Nuisance floodlights from neighbours are now most definitely covered. However, there has been confusion as to whether street lighting (a significant source of light nuisance) is covered. DEFRA certainly intended to exclude street lighting from the new law's remit (Full Regulatory Impact Assessment of the Clean Neighbourhoods and Environment Bill, DEFRA, December, 2004 p. 67). Even so, the Daily Telegraph considered that street lighting would be covered (Switch That Light off or Face a Fine, Charles Clover, Daily Telegraph, 9th December 2004, p1.) Moreover, a member of DEFRA's bill team remarked "(a) nuisance can also only be caused by the emission of light from premises, and will therefore only apply to street lighting in exceptional circumstances." (House of Commons Library Research Paper 05/01, p. 68, from personal communication, Wildy, DEFRA Bill Team, 21 December 2004),



Clean Neighbourhoods and Environment Act 2005 (c. 16)

[Paule]

Re: CB Vs Bedfordshire County Council

Light Pollution and the Law

Until April 2006, victims of light related nuisance have one action open to them, they may take a civil action in private nuisance out against the offender, where they will have to prove the existence of the nuisance (usually defined as an adverse state of affairs interfering with an individuals use and enjoyment of his/her property). Such actions have been successful, e.g. Bonwick vs Brighton and Hove Council (2000) and the more recent Bacon case (2004). After April 2006, all victims may complain to their local Environmental Health Office (at their local council), or take an action themselves in the Magistrate's Court. See the Journal of the British Astronomical Association [pdf file] for more on the new law.

[Curlyben]

Re: CB Vs Bedfordshire County Council

Thanks for that PK, but as this is an action against the County Council, would their own Environment Office up hold any complaint ?

[Paule]

Re: CB Vs Bedfordshire County Council

Well, its not always (if ever) the council that manufactures and installs these, so in theory they have a duty to check that they don't emit too much light

[Paule]

Re: CB Vs Bedfordshire County Council

I will have a read of my Traffic signs Regs And GDs to see if there is anythign in there too

[Curlyben]

Re: CB Vs Bedfordshire County Council

So, I'm looking at statutory nuisance from artificial light, under Clean Neighbourhoods and Environment Act 2005.
Now the obvious issue I have is that this is "enforced" by the councils own Environmental Health.

[Paule]

Re: CB Vs Bedfordshire County Council

Now the obvious issue I have is that this is "enforced" by the councils own Environmental Health.

Yes, but for instance that doesnt mean a council canteen can be overun with rodents and be unhygenic just because its enforced by their own EH dept.

They have a duty to all THEIR properties/equipment as well.

When I go for meetings at the Town hall they have noise meters to check they arent going over the noise limits, so they do enforce themselves as well.