A neighbor has a large number of lights in her backyard that stay on all night.
There are rows of fairy lights and twinkling lanterns of various colours, some of which are red, blue and yellow. It also has two exterior security lights.
Unfortunately, some of the lights shine directly into my room. There is a blackout blind, but it doesn’t work and my sleep is affected.
Is there anything I can do to resolve this? Would the city council help? Can excessive light pollution from neighbors constitute a legal nuisance?
Could an expert also tell me when this striking trend of lighting houses as if they were prisons is likely to come to an end?
Bright all night: This is Money reader wants to know if light pollution is a legal nuisance
This is Money’s Jane Denton responds: Love them or hate them, outdoor lights have become a huge trend in recent years.
Additionally, people are becoming more aware of intruders, which means there is a high demand for security lights.
It is not unreasonable that people want to enjoy and feel safe in their home and garden.
However, I understand that the fairy lights, lanterns and security lights in your neighbor’s yard are getting on your nerves and have even started to disturb your sleep, which is far from ideal.
I imagine you have considered taking some initial steps to try to alleviate the problem.
If you installed a blackout blind some time ago, perhaps it’s time to look at what’s on the market today and check that you have the best blind for your bedroom.
Fit and quality are key when it comes to blackout blinds. You could also consider using blackout curtains and blinds.
If you have a garden, you could plant and use tall trees or shrubs to help block some of the light from your neighbor’s garden.
If these steps don’t work, depending on your relationship with your neighbor, it might be a good idea to talk to her politely and calmly about the problem.
Most people wouldn’t want lights to disturb their sleep. Let’s hope that’s the case with your neighbor.
He also asked whether or not the city council would help with a problem like this.
It is possible to ask the town hall for help in the event of a conflict between neighbors that causes inconvenience or harms their health.
For the council to be willing to help address the problem, the issue must constitute a legal nuisance.
Statutory nuisance laws do not apply to artificial light from places such as airports, train stations or bus stations.
David Horrocks, Technical Partner at Statutory Nuisance Solutions, says: In the first instance, it is always advisable to approach your neighbor and try to resolve the problem informally through negotiation.
Your neighbor may not be aware that their lighting is causing problems and it is best to maintain cordial relations.
If such negotiations are unsuccessful, you may make a complaint to your local council’s Environmental Health Service who will be required to investigate the matter where artificial light intrusion has the potential to be a statutory nuisance, as defined in section 79 of the Environmental Law. Protection Act of 1990.
Whether the matter constitutes a legal nuisance will depend on a number of factors, including how reasonable, necessary or not it is for your neighbor to use the lighting systems as they do, the frequency with which the incidents occur, the intensity of the light entering unauthorized on your property and how annoying this is.
Bring me darkness: Love them or hate them, outdoor lights have become a huge trend in recent years.
To constitute a legal nuisance, the problem must amount to a material interference with the enjoyment and use of your property.
Consistent and prolonged sleep disruption or disruption would provide compelling evidence for such an inference.
An Environmental Health Professional (EHP) from your council should attend your property at night to carry out an investigation.
This should involve taking light meter measurements to determine the precise degree of light intrusion hitting your windows and comparing the measurements to recognized published standards, such as those from the Institution of Lighting Engineers.
Barking Dogs May Be a Legal Nuisance
The Government has a handy online website which describes everything that does and does not constitute a legal nuisance.
Barking dogs can be a legal nuisance, as can piles of rotting garbage, noise from parties, and smoke coming from a premises.
If the EHP is satisfied that the nuisance tests are met, they will need to visit your neighbour’s house and inspect the lighting installations and interview the owner about their modes of operation.
It may be possible to agree on simple and practical solutions, such as turning off problem lights after, say, 10:30 p.m. or adjusting or covering the angle of the light fixture.
Where agreement cannot be reached on such remedies, an abatement notice must be sent to the owner of the offending lighting installations demanding abatement of the statutory nuisance and prohibition of its repetition.
In circumstances where the EHP concludes that the degree of light trespass does not meet the threshold of a statutory nuisance, but is satisfied that the operation of the lighting installation remains problematic, the council has the discretion to issue a Notice of Community Protection under the Anti-Social Conduct, Crime and Policing Act 2014, where relevant criteria are met.
In this case, the operation of the lighting system should be considered unreasonable, persistent and harmful to the quality of life of people living nearby.
In practice, however, the biggest obstacle may prove to be the reluctance of the council’s Environmental Health Service to carry out the necessary night-time assessment of the problem, citing a lack of resources and the absence of a night-time complaints response service.
Where you believe the problem is serious and likely to constitute a legal nuisance, you must instruct the council to carry out its legal duty to investigate the matter under section 79 of the Environmental Protection Act 1990.
If this fails, you should gain the support of your elected local councilor and ultimately threaten the council with a complaint to the Local Government Ombudsman if they continue to fail to properly investigate your complaint.
