Light nuisance

What is light nuisance?

It is intrusive artificial light from premises which causes a statutory nuisance and can include light from domestic, industrial, trade or business premises.  An example of this would be high powered lights which shine into your house as opposed to over the area they are intending to light. It excludes those premises where high levels of light are required for safety and security reasons. View the exceptions list (.docx, 10Kb)

If you are concerned about light nuisance coming from a neighbour's garden, a local business or manufacturer, often the best way to deal with the problem is to go straight to the source. Consider talking to the person or company responsible and point out the problem. You may find that they are unaware that they are causing a disturbance. Remember we may all be guilty of creating a nuisance from light nuisance at some time without knowing it. The problem is not always one of inconsiderate behaviour.

Taking formal action

When informal action is not possible or fails, we may be able resolve the problem by taking formal action. The most common route involves contacting us about the problem and we will investigate.

If we visit and witness the light problem and are satisfied that a statutory nuisance exists or is likely to occur or recur, we may be able to take action.  In the first instance we will contact the person causing the nuisance to make them aware of how their use of light is affecting you.

If there is no response to this approach and we are satisfied that artificial light from their premises amounts to a statutory nuisance we will serve an abatement notice. This may require the activity causing the nuisance to stop altogether, or that good practice is adopted to prevent a nuisance.

There is a right of appeal against our notice to Brent Magistrates Court within twenty-one days of the notice being served. Industrial, trade and business premises, as well as relevant sports premises, may use as a defence upon appeal or against prosecution the proof that 'best practicable means' were used to prevent or counteract the effects of a nuisance.

Failure to comply with an abatement notice

Failure to comply with the notice is an offence. For offences relating to domestic premises, the magistrates' court may impose a fine of up to £5,000 with a further fine of up to £500 for each day on which the offence continues after conviction. When the nuisance arises on industrial, trade or business premises, the maximum fine is £20,000.