Light pollution
Under the Environmental Protection Act 1990 light pollution can be classed as a statutory nuisance.
It does not include artificial light from premises used for transport purposes and other premises where light is needed for security and safety reasons i.e.
- Airports
- Railway premises
- Bus stations
- Public service operating centres
- Prisons
- Premises occupied for defence purposes
Where the light is emitted from industrial, trade or business premises there is a defence available of 'best practical means'
As for all statutory nuisances, when assessing a case of potential statutory nuisance the council take account of a range of factors including:
- Duration
- Frequency
- Impact - ie. Material interference with use of property or personal well being; actually or likely to be adverse to health
- Local environment
- Motive - ie unreasonable behaviour or normal user
- Sensitivity - statutory nuisance relies on the concept of the average person and is not designed to take account of unusual sensibilities
You may be asked to keep a record if the light is periodically on and off to help us asses if a statutory nuisance is likely. For further advice please contact Solihull Connect on 0121 704 8000 or connectcc@solihull.gov.uk