Reply to post: Re: Overly bright STREET lights (shining in bedrooms)

Shining lasers at planes in the UK could now get you up to 5 years in jail

Alan Brown Silver badge

Re: Overly bright STREET lights (shining in bedrooms)

"banning streetlights I am 100% behind, "

If you live in Scotland then the environment act's nuisance lighting section allows you to complain about streetlights which shine in your window. (They added "or fixed installation" to the definition)

If you live in NI, England ot Wales, then streetlighting "falls between the cracks" of nuisance definition (the law says "emitted from a premises" and the argument is that "streetlights are not premises" (unless mounted on the side of buildings), so councils don't have to comply.

On the other hand I've also been told that this argument wouldn't stand up in court, especially as the environment agency wrote documents stating "the government expects" that councils will not position lighting so it won't be a nuisance.

I've quizzed the environment agency about this and the jobsworths are very good about fobbing off, despite these official documents.

Milton Keynes council took it as far as stating there was a £100 charge per complaint about nuisance streetlighting (for a nuisance they had caused!) until it got pointed out that was tantamount to extortion and could result in legal action. The wording came off their website the following day (but is still in their PDFs)

If the "rest of UK" law was changed to match Scotland, then councils would be scrambling to comply. As it is, the usual response is "fuck you" until they get a lawyer letter - at which point they do something. It's pretty clear they don't want a precedent to be set in civil court despite the claims about streetlights not being covered by the statutory nuisance act.

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