Alleged Light Nuisance by one neighbour. !!

[macabethiel]

Our next door neighbour has complained to our local City Council that our security / yard light is causing a "Statutory Nuisance". We have so far been sent two letters with what I consider to be threats of legal action under the Anti-Social Behavior, Crime & Policing Act 2104 and the Environmental Protection Act 1990 even though by their own admission they have not yet investigated the complaint.

The second letter arrived today again threatening us with being served with an Abatement Notice or Community Protection Notice, they state they are starting the investigation at 12.00 noon on the 29th November 2018.

I have sent a number of e-mails (5 to date) since the 5th November in response to the first letter inviting the case worker to visit our home and check for himself our lighting arrangements as regards the alleged light nuisance. I have even offered to take advice to minimise any problems provided the light is in fact unlawful in some way.

The light is fitted on the apex of our garage roof where it has been for over 25 years. About 3 years ago I replaced the original Tungsten Flood Light with a similar light output LED. The light comes on via a PIR for about 3 minutes when activated during the hours of darkness with a time cut off at 9.30 pm.

It is not activated by our pets it only illuminates when we go into the garage or to our wheelie bins. The light is facing downwards to illuminate our back yard / garden and part of the driveway. Obviously there is some light spillage into our neighbours property but it is pretty minimal. We have not really been on good terms with this neighbour for the last 30 years.

I will probably end up unplugging the light but only if it is deemed to be a "Statutory Nuisance". I get the feeling that we are in the wrong come what may so may end up having to appeal any Statutory Notices that are served on us. The whole stance so far by the Council seems to be stacked in favour of a complainant. To date they have not accepted my invitation to visit our property to inspect the light when it is operating at night. It appears that there are no statutory definitions as to the amount of light that constitutes pollution.

Has anyone here had experience of a similar complaint ?

 

[solarman216]

Stand up to them mate and tell them to FO is my stance, Rick

 

[kitchenman]

I agree with Rick, council wont come out on overtime either

 

[Davey Boy]

Log all your paperwork, phone calls & e-mails Mac.
Perhaps even refer the council to other neighbours who've never complained over the last 25yrs.
Your neighbour may be crabby having had to 'put up' with your recent building works maybe.
If the council won't/haven't sent a representative to survey the situation at your invitation, you've no case to answer.
My opinion.
D

 

[macabethiel]

Thanks for the support Guys.

I am awaiting developments I will update the post as and when.

I am not minded to change my lighting arrangement unless it is a "Statutory Nuisance" I am not up for any sort of compromise just to appease my neighbours and make life easy for the City Council Department.

 

[elty001]

I can't believe the small minded pettiness of folks sometimes.
Unless the light is shining directly into their property i can't see how it can be classed as a nuisance:nenau
My neighbors have recently fitted two led security lights which are activated when we walk round onto our back garden and lights up both yards so I've turned mine off to save electricity:thumb2

 

[jims-terrano]

Sadly elty some people have nothing else to worry about. On the scale of things someone else’s security light is so minor and petty, trust me on that one. It isn’t as though a security light will be on regularly and Ted has been very reasonable by fitting a timer so that it doesn’t come on after 9:30 which incidentally is putty the security of his property at risk.

I’ve come across small minded people like this and believe me the way I feel right now I’d probably want to give them a good shake.

It does sound like whatever Ted does these people will moan just because, they’ve got such a long history of this type of behaviour.

Good Luck

 

[Blocky10]

As it's an led light now, I would try leaving the light on permanently until 2130 hrs. It could be the fact that they're being arses because it is on/off on/off a number of times, which can be annoying I suppose.
I definitely would not switch it off all together. If it is like the sun coming out, maybe tone it down a little :nenau

 

[Lazy-Ferret]

As it's an led light now, I would try leaving the light on permanently until 2130 hrs. It could be the fact that they're being arses because it is on/off on/off a number of times, which can be annoying I suppose.
I definitely would not switch it off all together. If it is like the sun coming out, maybe tone it down a little :nenau

Totally agree...

I have recently re-set up our outside lights, as they only came on for a couple of mins then turned off, and it was always the turning on and off that got out attention, even when watching TV, now they stay on for about 10 mins, and it seems a lot less distracting. The ferrets trigger ours when playing in the garden, so now I turn it on permanently when they are out there, and back to PIR when they are all in, as then I want the distraction of movement in the garden.

Might be worth checking a couple of other things, Spiders webs on the PIR can false trigger it, and in the winter, our central heating exhaust will trigger it when ever the heating comes on.

What about making a blinker up for it, like the old fashioned film lights had, on the neighbours side, so you can firstly stop the excess light going that way, but it would also stop them getting a direct look at the light, so again making it less obvious to them.

Don't get me wrong, I do think they are being petty and I would think that the council are just playing "Lip Service", but can't do that much, but I am one of those people that try to go the extra mile, so we don't have any "run ins" with our neighbours. I even checked when I put the cameras up that also cover the next door neighbours front door, and across the roads drive way, if they were OK with it, and they were both grateful for me checking, and also for giving them free security...

 

[macabethiel]

Considering the blinker Option...

Totally agree...

I have recently re-set up our outside lights, as they only came on for a couple of mins then turned off, and it was always the turning on and off that got out attention, even when watching TV, now they stay on for about 10 mins, and it seems a lot less distracting. The ferrets trigger ours when playing in the garden, so now I turn it on permanently when they are out there, and back to PIR when they are all in, as then I want the distraction of movement in the garden.

Might be worth checking a couple of other things, Spiders webs on the PIR can false trigger it, and in the winter, our central heating exhaust will trigger it when ever the heating comes on.

What about making a blinker up for it, like the old fashioned film lights had, on the neighbours side, so you can firstly stop the excess light going that way, but it would also stop them getting a direct look at the light, so again making it less obvious to them.

Don't get me wrong, I do think they are being petty and I would think that the council are just playing "Lip Service", but can't do that much, but I am one of those people that try to go the extra mile, so we don't have any "run ins" with our neighbours. I even checked when I put the cameras up that also cover the next door neighbours front door, and across the roads drive way, if they were OK with it, and they were both grateful for me checking, and also for giving them free security...

I have been given a spare side tiltable LED mount by another neighbour whose light I helped fit a few weeks ago in his back garden.

lamp bracket by Ted Bagshaw, on Flickr

Unfortunately the more I have conceded things with this neighbour the more they expect us to give into their demands. When I mounted the replacement LED light 3 years ago I altered the angle at least 3 times to appease them. I will do nothing now until the council EHO visits.

Not sure where I could obtain a suitable blinker, my worry is it would act like a big sail and cause the lamp to move when it's windy.



At the end of the day I can just unplug it.

 

[rayf3262]

from what I have read the light must be shining directly into the complainants windows to be defined as a nuisance, overspill into their curtilage is unlikely to be accepted as a nuisace under the EPA guilines.

 

[macabethiel]

Light Nuisance

from what I have read the light must be shining directly into the complainants windows to be defined as a nuisance, overspill into their curtilage is unlikely to be accepted as a nuisance under the EPA guidelines.

Having done quite a bit of research there appears to be no actual definition as to what constitutes an acceptable level of spillage. It appears quite a Subjective situation. Presently looking at possible fitment of side shutter / shield.

If I drop the angle so it is almost shining vertically down that is only a part solution. The light then fails to illuminate my driveway to assist me when reversing my vehicles up the drive. I would then need to put an extra light to illuminate the passage between my house and the neighbour. An option if needed I guess.

Not seen definition of EPA guidelines as such.

 

[jims-terrano]

Surely when council officers visit the site and you show them all the things you have done to minimise any alleged nuisance then I can’t imagine them taking it further.
You could try contacting your local councillors for assistance.

 

[Terrano Steve]

I don't think I would change anything if light spillage is minimal. You can't really do much more than you have already done, it is just unfortunate that you have neighbours like this.