SPRING 2019 LIGHT POLLUTION Glaring issue Excessive, poorly designed, and badly installed lighting at business premises can be a nuisance for your neighbours so, get switched on! Light pollution or sky glow is excessive or inappropriate artificial light. Much has been written about it, including that it prevents us from enjoying clear views of the night sky. Lighting, in itself, is not a problem; indeed, it is essential for security and safety. However, light nuisance from premises, also known as light trespass, is an unwanted consequence of artificial illuminance. As a pollutant, light can have an impact on human health by affecting melatonin levels and disrupting peoples circadian rhythms. This can lead to disturbed sleep and cause depression. Pollution mostly comes from street lighting* and advertising signage, but excessive, poorly designed, and badly installed or maintained lighting at premises can also be an issue. As part of the application for new developments, planning authorities look at the lighting to be installed and consider not only the potential nuisance, but also the safety, security and amenity value. They will often set specific times when lights must be switched off or levels reduced to a minimum. Exterior light emitted from premises so as to be prejudicial to health or a nuisance can be a criminal offence Since 2006, local Environmental Health (EH) departments have been able to deal with light trespass as a potential statutory nuisance. This means exterior light emitted from premises so as to be prejudicial to health or a nuisance which affects someones right to quiet enjoyment of their home can be a criminal offence. As with any statutory nuisance, someone must be affected directly; it cannot be business to business, where civil remedies can be sought. On the rise A survey of local authorities in 2010 found that twice as many complaints were made about domestic lighting than commercial and industrial illumination. Issues with the latter are increasing, however, as land-use developments are now often much closer, creating new potential sources of nuisance. Environmentally friendly LED lighting installations also seem to have brought greater glare and increased the number of complaints. When a statutory nuisance is identified, the local authority must take action under the Environmental Protection Act 1990 (see box, Lights... action!). Examples of complaints that have been received include: new floodlighting on a school playing field; external security lights added to a care home; and a change of use of a 9-5 industrial site to a supermarket, with car park and external perimeter lighting, and very bright signage. In all cases, light was shining directly into peoples living rooms and bedrooms, and was deemed to be a statutory nuisance. An EH officer will investigate all complaints, doing site visits to assess the alleged problem, and considering written and photographic evidence the latter often provided via mobile phone by those affected. Before any visit, the officer will ask the complainant if they have contacted the business directly. Regrettably, in many cases, Environmental Health becomes involved because the business hasnt taken the complaint seriously and has refused to look into it. So if your business has plans for new or improved lighting, think about the wider impact this may have on your neighbours. It can help to warn nearby residents of new installations or improvements, so you can deal with any unforeseen impacts together. Credit: Helen Cameron, principal Environmental Health officer Image: iStock / cako74 / ermingut *S treet lighting is not deemed to come from premises. Also exempt for safety and security reasons are goods-vehicle operating facilities, public transport centres, airports, prisons, harbours and lighthouses. LIGHTS... ACTION! When a statutory nuisance is identified, the local authority will usually serve an Abatement Notice on the business that is causing the problem, giving it a specified time to make improvements. There is a right to appeal such a notice. In some cases, immediate and, often, lowcost action is agreed with the business forexample, resetting or installing a timer, or re-angling or shielding the lights and the enforcement officer may defer serving anotice. If a business does not deal with the problem, however, legal action may follow. Unlimited fines can be imposed, so being taken to court can do a lot of financial damage to your business and bring unwanted publicity. For further information, please contact your local Trading Standards Service