Officers from Environmental Health can investigate complaints about artificial light nuisance. In order for light to be considered a statutory nuisance it must be unreasonable, frequent and cause substantial interference with the use or enjoyment of your property. An example of unreasonable disturbance would be the light keeping you awake at night because it lights up your bedroom when the curtains are closed.
Sensitivity to light and simply being able to see it would not make it a statutory nuisance. All assessments of light nuisance are done so from the perspective of the average person, and you must be affected whilst in a habitable room (such as a bedroom or living room) inside your property. Assessments are done with the curtains closed. If normal curtains are able to keep the light out we would not be able to investigate further.
What type of light can we investigate?
Environmental Health can investigate intrusive light from security lights and fixed lighting such as flood lights.
We cannot investigate the following types of light:
- harbours
- railway premises
- tramway premises
- bus stations
- public transport operating centres
- goods vehicle operating centres
- lighthouses
- defence premises like army bases
- premises occupied by visiting armed forces
What can I do about artificial light nuisance?
Many people do not realise that they may be causing problem. For this reason, we strongly encourage you to approach the person and politely tell them about the problem. The information below, and template letter, may assist you in doing this and may resolve your complaint without the need for formal investigation by Wirral Council officers.
The PDF file may not be suitable to view for people with disabilities, users of assistive technology or mobile phone devices.
If the person causing the disturbance lives in a property managed by a housing association or registered social landlord or in a private rented property, it is worth you discussing the problem with the landlord. Most Conditions of Tenancy include a requirement that tenants do not cause disturbance to neighbours. The landlord may be prepared to take action.
If you do not get a positive response, do not feel you can comfortably speak to your neighbour, or the light continues to regularly disturb you then you can report it to us.
You need to know that for officers to take action against disturbances caused by light, they have to determine if a statutory nuisance exists.
What is a Statutory Nuisance?
A statutory nuisance is not simply something that annoys you - it is something that causes a serious and unreasonable interference with your right to enjoy your home. When determining whether an artificial light problem amounts to a statutory nuisance the officer will assess several criteria such as:
- the brightness of the light inside your property
- how long it is on for
- how often the light turns on
- the time of day or night when the light is on
- whether any aggravating characteristics are present
- the characteristics of your location
- the number of persons affected
- how it affects you
When investigating a complaint about light nuisance, we do so from the point of view of the average person. We cannot take into account any particular sensitivities that you may have such as, sensitivity to light or medical reasons.
What you need to know before we investigate
We are unable to investigate anonymous complaints as, by law, we must know who is, or who is likely to be, affected by the light disturbance.
We will make every effort to maintain your anonymity, but you need to be aware that the person you are complaining about can sometimes work out who has complained. If the investigation results in legal action your name and address may have to be revealed in court, and it may be necessary for you to appear in court and give evidence.
It is likely that we will need to access your property to carry out an assessment of the light. If access is denied, it is unlikely that we will be able to investigate your complaint.
Making a complaint
If an informal approach does not work, or is not possible, and you wish to complain to Environmental Health, then you can use the link at the bottom of this web page to report a light nuisance.
We will then ask you to complete diary sheets (which we can send to you, or you can download from this page) for 7-14 days. Completed diary sheets are an important part of the investigation and can be used as evidence in any formal action that might be taken. A photograph of the alleged light nuisance taken from inside the affected room with the curtains closed may also be requested.
Please read the instructions on the diary sheets carefully. It is important that you provide enough information in the diary sheets for the investigating officer to make an assessment in relation to the potential existence of a statutory nuisance. We may not be able to investigate your complaint further if there is insufficient information within the diary sheets.
Once you have reported a light nuisance to Environmental Health, completed diary sheets can be returned via email to environmentalhealth@wirral.gov.uk or by post to:
Environmental Health
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
We would encourage you to return the diary sheets by email. It may also be advisable for you to keep a copy of the diary sheets for your own records.
If following your complaint, you do not return your diary sheets within 6 weeks, we will be unable to progress your complaint, and your case will be closed.
The PDF file may not be suitable to view for people with disabilities, users of assistive technology or mobile phone devices.
What happens once your diary sheets are returned to the council?
Once we receive your completed diary sheets your complaint will be allocated to an officer. The officer will carry out an assessment of your diary sheets to see if the light disturbance indicates that a statutory nuisance may exist.
If the diary sheets demonstrate that a statutory nuisance may exist, the officer will then look to further investigate. In most cases we will write to the person with the light, providing general advice, and giving them the opportunity to make any necessary changes. In many cases this will resolve the problem. We will let you know when we have written. If you don’t contact us within six weeks to advise the light disturbance is continuing, we will assume the warning letter has been effective and your case will be closed.
If the light disturbance continues, the officer will need to witness the light disturbance by undertaking monitoring.
Monitoring will be undertaken by officers visiting your property, both internally and externally to establish whether the light is causing a statutory nuisance.
Officers will use your diary sheets to help determine the best times in which to monitor. In most cases officers will only undertake a maximum of up to three monitoring visits, in an attempt to witness the disturbance.
What happens after monitoring?
An officer will assess all the information collected as part of the monitoring and throughout the investigation of your complaint.
If in the officer’s professional opinion, a statutory nuisance is established they will serve an Abatement Notice on the person causing or responsible for the light, requiring them to abate the nuisance.
At any stage during the investigation, if in the officer’s professional opinion, they determine that a statutory nuisance does not or is unlikely to exist, we will advise you.
What if the officers decide that the artificial light does not constitute a Statutory Nuisance?
You can take your own private action via the Magistrates Court under Section 82 of the Environmental Protection Act 1990. This process can be carried out without legal advice, but we would advise you to speak to a solicitor. If you wish to consider this route, there are a number of key stages that you will need to follow including:
- write to the owner of the light, informing them of the type of disturbance you are suffering and that you intend to seek legal advice if the disturbance continues
- keep a record of evidence to show; a description of the nuisance; when it occurs; how long it lasts and how it affects you, for example, diary sheets
- write to the owner of the light, giving them at least three days notice of your intention to proceed to the Magistrates Court
- contact the Clerk to the Justice at the Magistrates Court who will arrange a time for you to visit the court to show the evidence to a Magistrate
- The Magistrate Court decides what action can be taken
I've been told I'm causing an artificial light nuisance - what can I do?
Take a moment to consider what impact you may be having on those living around you.
Put yourself in the position of your neighbours. Be aware that they might have a different lifestyle than you and that your behaviour could be unreasonable as a result.
If there could be an element of truth to the complaint then you may want to take sensible steps to reduce the impact of the light, this can be done by:
- changing the angle of the light it so it does not shine onto neighbouring property
- reducing the brightness by using a lower wattage light/bulb
- purchase a louvre or guard for the light to reduce glare
- if the light is on a sensor, reduce the sensitivity so only a person on your property could activate it
- turn the light off during the night so it does not disturb sleep
The government provides information and guidance on how councils deal with light nuisance complaints.