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Statutory Nuisance from Insects and Artificial Light Guidance on Sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005

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Statutory Nuisancefrom Insects andArtificial Light

Guidance on Sections 101 to 103 of the CleanNeighbourhoods and Environment Act 2005

This guidance is part of a series on legislation &powers affected by the the Clean Neighbourhoodsand Environment Act 2005.

Guidance on the following topics is also available;

• Nuisance and Abandoned Vehicles

• Litter and Refuse

• Defacement Removal Notices

• Waste

• Noise

• Fixed Penalty Notices

• Abandoned Shopping and Luggage trolleys

All parts of the guidance can be downloaded fromwww.defra.gov.uk/environment/localenv/legislation/cnea/index.htm

or alternatively further copies are available from:

Defra PublicationsAdmail 6000LondonSW1A 2XX

Tel: 08459 556000

You may also find it helpful to refer to existinginformation and guidance on legislation relating tolocal environmental quality and anti-social behaviour.This is available from the following websites:

www.defra.gov.uk/environment/localenv/index.htmwww.cleanersafergreener.gov.ukwww.together.gov.uk

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1 This guidance covers sections 101, 102 and 103 of the Clean Neighbourhoods and Environment Act 2005, whichamend sections 79, 80 and 82 of the Environmental ProtectionAct 1990 to extend the statutory nuisance regime to include two new statutory nuisances:

• statutory nuisance from insects; and

• statutory nuisance from artificial light.

2 This guidance is aimed at local authorities, particularlyEnvironmental Health Practitioners who enforce nuisancelegislation. It may also be useful to other agencies.

Statutory Nuisance from Insects and Artificial Light

Overview

Central Principles3 These changes extend the duty on local authorities to check their areasperiodically for existing and potentialstatutory nuisances so as now to includesuch nuisances arising from insects andfrom artificial lighting. Local authoritiesmust take reasonable steps to investigatecomplaints of such nuisances. Once satisfiedthat a statutory nuisance exists or mayoccur or recur, local authorities must issuean abatement notice (in accordance withsection 80(1) and (2) of the 1990 Act)against, in the first instance, the personresponsible for the nuisance or, wherethat person cannot be found or thenuisance has not yet occurred, the owneror occupier of the premises from which it emanates, requiring that the nuisancecease or be abated within a set timescale.(Where a nuisance arises from any defectof a structural character, the abatementnotice must be served on the owner of the premises.)

4 It also becomes possible for personsaggrieved by these new statutorynuisances to take private proceedings inrespect of them in the magistrates’ courtby way of section 82 of the 1990 Act.

5 The appeals procedure is as for theother statutory nuisances. An appealagainst an abatement notice can bemade to the Magistrates’ Courts. Asgrounds for appeal, the claim of ‘bestpracticable means’ can be used againstan abatement notice, or subsequently asa defence against liability for convictionfor breaching or failing to comply with an abatement notice, for nuisances onindustrial, trade or business premises. In the case of artificial light nuisance, thisdefence of ‘best practicable means’ alsoapplies to all such lighting used for theoutdoor illumination of ‘relevant’ sports(please see the proposed list under thehealthy living and sports section). (In thecase of smoke nuisance, it applies to anypremises, but only where the smoke isemitted from a chimney.)

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6 The defence of ‘reasonable excuse’ for breaching or failing to comply with anabatement notice remains available to all.

7 A statutory nuisance may also becapable of being a nuisance at commonlaw (and, where reliance is on the‘nuisance’ limb, must also be a nuisanceat common law), in which case anoperator may be the subject of proceedingsin tort by persons aggrieved by a commonlaw nuisance even if the operator can relyon the defence of ‘best practicable means’against action for statutory nuisance.

Section 1018 Section 101 adds to the descriptions of statutory nuisances listed in section79(1) of the Environmental ProtectionAct 1990:

‘(fa) any insects emanating fromrelevant industrial, trade or businesspremises and being prejudicial to health or a nuisance’.

9 This provision does not apply to insectsfrom domestic premises or to insectslisted in Schedule 5 to the Wildlife andCountryside Act 1981, unless they areincluded in that Schedule solely toprevent their trade or sale.

10 This measure is intended to provide local authorities with a remedy tonuisances from insect infestations(whether naturally occurring or caused byhuman activities) on ‘relevant’ industrial,trade or business premises. However, it is not meant to be used against mostnaturally occurring concentrations ofinsects on open land or in ways thatwould adversely affect biodiversity.Accordingly, subsection (5) inserts twonew subsections (7C) and (7D) into section79 of the Environmental Protection Act1990 which exclude from the definition of ‘relevant’ industrial, trade and business premises:

(a) land used as arable, grazing, meadow or pasture land (but not structuresplaced on the land),

(b) land used as osier land, reed beds, or woodland,

(c) land used for market gardens, nurserygrounds or orchards,

(d) land forming part of an agricultural unit (but not covered by (a) to (c)) and which is of a description specified in regulations,

Statutory Nuisance from Insects and Artificial Light

(e) land included in a Site of SpecialScientific Interest,

and land covered by, and the waters of, rivers, watercourses (except sewers and drains), lakes and ponds.

11 Land which falls under (d) above isdescribed by regulations. These regulationsprescribe the descriptions of land unders.79(7C)(d) of the Environmental ProtectionAct 1990 (introduced by s.101(5) of theClean Neighbourhoods and EnvironmentAct 2005), that form part of an agriculturalunit and which are (in addition to thetypes of land already listed at s.79(7C)(a)-(c)) to be exempt from ‘relevantindustrial etc. premises’ from which the new statutory nuisance from insects (s.79(1)(fa) Environmental Protection Act1990) is capable of emanating.

Certain types of land are exempted frombeing capable of statutory nuisance frominsects in order to safeguard endangeredspecies, and protect biodiversity.

Section 10212 Section 102 adds to the descriptions of statutory nuisances listed in section 79(1) of the 1990 Act

‘(fb) artificial light emitted frompremises so as to be prejudicial to health or a nuisance’.

13 However, this does not includeartificial light emitted from the followingpremises. These are premises used fortransport purposes and other premiseswhere high levels of light are required for safety and security reasons, i.e.:

• Airports

• Harbours

• Railway premises

• Tramway premises

• Bus stations and associated facilities

• Public service vehicle operating centres

• Goods vehicle operating centres

• Lighthouses

• Prisons

• Premises occupied for Defence purposes

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14 These premises are listed in a newsubsection (5B) to section 79 of theEnvironmental Protection Act 1990 and are defined in subsection (7) and in newsubsections (7A) and (7B) of that Act(inserted by subsections 102(4) to (6) of the Clean Neighbourhoods andEnvironment Act 2005). The exemptionfor Defence premises is made by section102(3) of the 2005 Act, amendingsection 79(2) of the 1990 Act.

Section 103 15 Section 103 extends the defence of‘best practicable means’ to these newstatutory nuisances where either isemitted from industrial, trade or businesspremises or, in the case of light, also fromrelevant outdoor sports facilities whichare not industrial etc. premises. Mostartificially illuminated sports facilities willbe regarded as businesses, and so willbenefit thereby from the ‘best practicablemeans’ defence. However, there may be some that are not; perhaps localauthority grounds or facilities run byamateur clubs.

16 The Statutory Nuisances (ArtificialLighting) (Designation of Relevant Sports)(England) Order 2006 designates the‘relevant sports’ the facilities for which will be able to use the defence of ‘best practicable means’ in appealingagainst, or as a defence againstprosecution for breaching or failing tocomply with, an abatement notice forstatutory nuisance from artificial lightunder s.79(1)(fb) EnvironmentalProtection Act 1990.

Statutory Nuisance from Insects and Artificial Light

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Assessing complaints of nuisance

17 Statutory nuisance from insects andstatutory nuisance from artificial light from premises follow the same regime as for other statutory nuisances. That is, it is initially for an Environmental HealthPractitioner to assess on the evidenceavailable whether or not a statutorynuisance exists, or may occur or recur, on a case-by-case basis. Not leastbecause it will depend on their effects,there are no objective and set levels ofinsect infestation or artificial light abovewhich a statutory nuisance is or may becaused, and below which it is not.

18 ‘Nuisance’ is not defined in statute, but is rather based on the common lawconcept of what is to be regarded as anunreasonable interference with someone’suse of their own property; alternatively, a statutory nuisance may be somethingthat is ‘prejudicial to health’ of otherpeople; ultimately, it will be for the courtsto decide whether a statutory nuisanceexists, should an appeal be made againstan abatement notice within the 21 day

period from its being issued, or should anindividual take a private action throughthe local magistrates’ court under section82 of the Environmental Protection Act1990 (or, possibly, as a defence toprosecution for failure to observe anabatement notice). As for all statutorynuisances, when assessing a case ofpotential statutory nuisance theEnvironmental Health Practitioner shouldtake account of a range of factors including:

• Duration

• Frequency

• Impact – i.e. material interference withuse of property or personal well-being;actually or likely to be adverse to health

• Local environment

• Motive – i.e. unreasonable behaviour or normal user

• Sensitivity of the plaintiff – statutorynuisance relies on the concept of theaverage person, and is not designed totake account of unusual sensibilities

19 For statutory artificial light nuisance,technical parameters on obtrusive

Statutory Nuisance from Insects and Artificial Light

Guidance on using the new powersGeneral

lighting, formulated by the InternationalCommission on Illumination (CIE) andInstitution of Lighting Engineers fromresearch into individual sensitivity to light,may help inform consideration of thelevel of sensitivity that might be consideredthat of the ‘average person’.

20 Enforcement should be reasonable and proportionate. If, however, theEnvironmental Health Practitioner issatisfied that a statutory nuisance exists, or may occur or recur, an abatementorder must be issued requiring that thenuisance cease or be abated within a set timescale.

Statutory Nuisance and Planning21 Prevention is better than cure, and it is preferable to address potentialstatutory nuisances at the planning stage.

22 The Courts have ruled that lightingitself is not ‘development’. However,planning permission is required forlighting if it alters the material appearanceof a building. It has been possible since1997 for local authorities to considerlighting as part of the planning processfor new buildings, both residential andcommercial. Local authorities can decideto regulate lighting under planningpermission, and set planning obligationsfor lighting to prevent light pollution.

In these circumstances, new lighting mustadhere to the original planning permissionof the building. These conditions cannot be applied retrospectively and can only beapplied to buildings built after 1997.

23 However, the existence of planningpermission does not mean that astatutory nuisance cannot then exist.Circumstances and local environmentschange. Statutory nuisance can occurwhether or not planning permission is in place either expressly or implicitlypermitting lighting.

Recording complaints24 Complaints should be logged andrecorded, as for any other complaint of statutory nuisance. It is highly likely that in future the Chartered Institute of Environmental Health and / or Defra will contact local authorities to requeststatistics so that the scale and nature of insect nuisance and light nuisance can be assessed and monitored in order to provide an evidence base for futurepolicy development.

25 Logging and recording information,including geo-coding, may also assistlocal authorities to map and monitorstatutory nuisances to inform theirapproach to meeting their duties.

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Likely sources of insect nuisance26 It is expected that the following sources will generate most complaints of insect nuisance:

• Poultry houses / farms (buildings onagricultural land are not exempt fromstatutory nuisance from insects, eventhough the land surrounding them may be)

• Sewage treatment works

• Manure / silage storage areas

• Animal housing

• Stagnant ditches and drains (i.e. containing putrid and anoxicwater) (provided they are on relevantindustrial etc. premises)

• Landfill sites / refuse tips

• Waste transfer premises

• The commercial parts of mixedcommercial / residential blocks of buildings (i.e. excluding theresidential premises contained therein)

• Trade or business premises (e.g.contaminated goods, kitchen areas)

• Slaughterhouses

• Used car tyre recycling businesses

27 Local authorities have a duty, however,to take reasonable steps, where practicable,to investigate any complaints of insect nuisance.

28 It is probable that complaints will be received about insects from domesticpremises. As indicated above, insectsemanating from domestic premises are not covered by this extension of thestatutory nuisance regime. Any problemscaused by insects from domestic premisesmay, however, be capable of being dealtwith under section 79(1)(a) of theEnvironmental Protection Act 1990 – ‘any premises in such a state as to be prejudicial to health or a nuisance’.

29 This limb might be appropriate if, for example, the state of a domesticdwelling was such that it encouraged an infestation of insects that constituted a nuisance to neighbouring dwellings.

Statutory Nuisance from Insects and Artificial Light

Insects

Assessing complaints of insect nuisance30 Ascertaining the source of insectnuisance can sometimes be a difficult andlengthy process, as premises which havehigh levels of insect infestation may bemistaken for the source when they mightthemselves also be sufferers. There may be a temptation for some people toascribe insect nuisance to businesses byvirtue of them being likely sources. Aparticipatory approach to determining thesource is likely to help satisfactory outcomes.

31 Proper management and treatmentprogrammes should be able to minimisemost insect nuisance cases that arise.Noticing infestations in their early stages is important, to try and keep on top of the insect nuisance.

Insect Nuisance32 The vast majority of insect species do not cause a nuisance, but are essentialcomponents of biodiversity and maintainecosystems through pollination, soilmaintenance and other functions.

33 There are also a number of insectspecies which can cause nuisance insufficient quantities, or seasonally. Some may also pose a public health risk,although they may not be regarded as a public health pest in terms ofenvironmental legislation, or a risk inanimal husbandry. Such insects includemosquitoes (Culicidae), house flies (Musca domestica Linnaeus), lesser houseflies (Fannia canicularis (Linnaeus)), etc.

34 There is a difference between insectsarising from an activity on a business,trade or industrial premises, and naturaloccurrence of insect populations. It is notthe intention for this measure to causeenvironmental damage to the ecosystemor biodiversity.

35 It should not be assumed that killinginsects is necessarily the most appropriateway to cease or abate a nuisance.

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One of the intentions behind themeasure to introduce insect statutorynuisance is to capture statutory insectnuisance caused as a result of activity onpremises, where control through theexisting limb of ‘any premises in such a state as to be prejudicial to health or a nuisance’ would not be appropriate.Another intention is to control statutoryinsect nuisance at source, where suchcontrol will not cause unacceptabledamage to the environment orbiodiversity. If activity and conditionsattract or provide breeding conditions for insects to such an extent that theyconstitute a statutory nuisance, then it is the activity and conditions which theEnvironmental Health Practitioner should address.

36 Environmental consequences – indirectas well as cumulative – of remedial actionmust be considered, such as the effectsof insecticides, if used, on the environment,nature, bodies of water, etc. Insecticidesshould therefore be chosen with care andregard for the Pesticides Safety PrecautionsScheme in their use.

37 An abatement notice once issuedmay be ‘simple’ and require abatementwithin a specified timescale. It may, butdoes not have to, specify works or othersteps necessary to abate the nuisance orrestrict its occurrence or recurrence.

Example of insect nuisance – species of house fly (Musca domesticaLinnaeus). Lesser house fly (Fanniacanicularis (Linnaeus)), blow flies(Calliphora spp and Lucilia spp).

38 Houseflies can be classed as public health pests or pests of animalhusbandry. They are associated withconditions that exist in rotting,fermenting, or at least moist organicmatter, preferably of a high proteincontent, such as those that could bepresent at a sewage works (though theyare also a natural part of the biologicalprocess and may indicate good qualityeffluent and process if found on a filterworks at a sewage treatment works).Houseflies are frequently found inassociation with man, either indoors ortaking advantage of other human activities,as do many other species of insect.

Statutory Nuisance from Insects and Artificial Light

39 Houseflies and other pests whichoccur in significant numbers to cause a pest problem are almost certainly being attracted to the site because of a breakdown in standards of hygiene.Occasionally, the problem may belocalised, i.e. blow flies (Calliphora sppand Lucilia spp) may be attracted by adead bird or rodent, or due to externalcauses, such as a nearby farm or cattle inan adjacent field. Thus the most importantaspect of fly control is to trace the causeof the problem and correct it. Only thencan preventative measures be undertaken.

40 Houseflies are significant vectors of disease. They can transmit intestinalworms, dysentery, gastro-enteritis,typhoid, cholera and tuberculosis. Thelarvae are capable of developing intestinallyif ingested. They can contaminatefoodstuffs, though this would usuallyoccur only where there are poor hygienestandards. As they will feed indiscriminatelyon faecal matter and human food, theirstatus as a vector is well noted.

41 There are no objective levels at whicha statutory nuisance exists or may becaused. In general, in domestic premises,it is likely that the threshold will be verylow and control actions might be taken incases of few house flies. As a guideline,an occupier will normally experience someirritation if there are five or more ‘flying’house flies present in any one room atany one time on three successive days. If house flies are monitored with baitedtraps, sticky ribbons, or spot cards acollection of more than 25 in any 48-hourperiod may indicate grounds for distress.

42 The complaint threshold density ofhouseflies at waste management sitesmay be 150 individuals per flypaper per 30 minutes.

43 However, as stated earlier, there areno objective levels for statutory nuisance.It does not, therefore, necessarily followthat fewer than five house flies in a room in a house, or 150 house flies per flypaper per 30 minutes at wastemanagement sites, do not constitute astatutory nuisance, or that five or 150necessarily do. Just as noise nuisance isnot a matter of decibel levels, insect

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nuisance is not a matter of numbers ofinsects. Impact may also depend on, e.g., size of room, number of people /premises affected etc. House flies do notdamage property.

44 Both house flies (Musca domestica)and lesser house flies (Fannia canicularis)occur throughout the UK. Both housefliesand lesser houseflies are common inhomes, barns, stables, and poultryhouses in spring, summer and autumn.

45 Lesser house fly larvae typicallyconsume decaying organic matter andexcrement, but have been known todevelop in the intestinal tract of man andanimals. In some areas, lesser house flylarvae are the predominant maggotsfound in chicken manure.

46 Adults may live as long as twomonths. Populations flourish during coolseasons, particularly spring, early summer,and late autumn. Peak numbers usuallyoccur by July, after which dry, hotweather and parasitism causespopulations to subside until autumn.

47 Prevention: Physical prevention ispreferred to pesticide usage. It may bepreferable to control / reduce harbourageand breeding material than to treat aninfestation once it is established.Currently in the UK natural predation ofhouse flies in poultry houses is based onindigenous species, such as the Carcinopsbeetle (though it may not be sufficientalone). Larvicides are also generally used,although adulticides should be the lastline of defence. Elsewhere in Europe andAmerica, poultry farmers are usingspecially bred parasitic wasps andpredator flies as a control method.

48 Premises need to adopt an integratedapproach to house fly control whichincludes building design, effectivemanagement and systematic monitoringof house fly populations.

49 For example, integrated fly controlprogrammes for poultry houses tend tobe based on (i) selective application ofinsecticides against the adult; (ii) earlyintroduction of insecticide controlmeasures in early spring before houseflies appear, repeated as neededthroughout the warm months,

Statutory Nuisance from Insects and Artificial Light

and (iii) leaving manure undisturbedthroughout the warm months whenhouse fly breeding may occur, removingit just once in early spring before houseflies appear. Engaging the farmer indiscussion about management practicesthat could be adopted may supportsatisfactory outcomes. There may, forexample, be times when manure maybe removed in the autumn for landspreading, or twice a year.

50 Ordinarily, house fly control from 1 to 2 km around sensitive sites willprevent ingress into a sensitive area(containing dwellings, for example). Incases where no local breeding area canbe identified, adult house flies may beflying long distances (i.e. several miles)from infestation sources of, for example,refuse tips or animal houses. Goodsanitation, and elimination of breedingareas, are necessary for good management.Chemical treatment is the last line of defence.

51 Spot cards can be used as a diagnostictool. These are 3-inch by 5-inch whiteindex cards which are attached to ahouse-fly resting surface. A minimum offive cards should be placed in a suspectanimal facility and left in place for sevendays. As a guide, a count of 100 or morefaecal or vomit spots per card per weekmay be taken to indicate a high level ofhouse fly activity and a need for control(although this is not to say that a countof, say, 99 would not indicate a highlevel of house fly activity and a needfor control).

52 Physical prevention methods:

• Food and materials on which the houseflies can lay their eggs should beremoved, destroyed as a breedingmedium, or isolated from the egg-laying adult house fly.

• Wet manure should be removed atleast twice weekly if necessary to breakthe breeding cycle.

• Wet straw should not pile up in or nearbuildings and, as one of the best flybreeding materials, is not recommendedas bedding.

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• Spilled feed should not be allowed toaccumulate, and should be cleaned upat least twice a week.

• Windows and doors can be proofedwith fly screens of approximately1.5 mm mesh.

• Fly traps may be useful in some housefly control programmes if enough trapsare used, placed correctly, and usedboth indoors and outdoors. House fliesare attracted to white surfaces andbaits that give off odours. Lesser houseflies are shyer of traps.

• Dustbins, wheelie-bins, paladins andskips should have tight-fitting lids andbe cleaned regularly. Dry and wetrubbish should be placed in plasticrubbish bags and sealed up. All wastereceptacles should be located as farfrom building entrances as possible.

• For control at waste disposal sites,refuse should be deposited onto thesame area as inorganic wastes toreduce the capacity of breedingresources, or covered with soil or otherinorganic wastes of around 15 cmconsistent thickness.

53 Electronic fly killers which can attractinsects to an electrified grid by using anultra-violet light source are not generallyeffective against houseflies. House fliesare not particularly attracted to them and,although they may kill the occasional one,they cannot cope with large numbers. Ifthey are used, one trap should be placedfor every 30 feet of wall inside buildings,but not placed over or within five feet offood preparation areas. Recommendedplacement areas outdoors include nearbuilding entrances, in alleyways, beneathtrees, and around animal sleeping areasand manure piles.

54 Eradication – chemical: Chemicaltreatment should be considered as a lastresort, as it may only be treating theinsects in the vicinity at the time oftreatment and not the source, althoughmost pesticides do have a residual effectand may work on particular speciesthroughout their lifecycle. Given theconsiderable link to water at sewagetreatment works for example,management of insects may be morebeneficial than treatment, by reducingthe need for pesticide usage.

Statutory Nuisance from Insects and Artificial Light

The use of pesticides near water bodies isone of the most risky and heavily controlledareas of pesticide use, and the potentialfor pesticide use on linear water bodiesthat drain into rivers and streams must beminimised. Removal of breeding materialand habitats can keep insects undercontrol or at bay.

• For adult control, conventional knock-down or residual treatments will kill themajority of adult flies in spite of thedevelopment of high resistance levels in a number of housefly populations.

• Residual insecticides applied to thehouse flies’ favoured resting areas willcontrol landing flies in some situations,although they should not generally beapplied to breeding areas, as insecticidebreakdown can be rapid and resistancemay be encouraged.

• In poultry houses, the use of mists, fogsor baits may be necessary for house flycontrol. Treatment in poultry stationsshould be carried out by a qualifiedpest controller. Insecticides to controlmaggots should not be applied tomanure, which should be kept dry andremoved only during the winter.

• When flies are a major pest incommercial egg production facilities,they can be controlled by applyingadulticides, or larvicides, to suppressadult densities directly or indirectly.Residual wall sprays can be appliedwhere the flies congregate. Resistancecan develop more rapidly in house flypopulations on farms on a continuousinsecticide regime using a singlechemical than on farms in whichinsecticides are alternated. Residualinsecticides may be applied to favouredresting areas for house flies. Breedingareas should be avoided as spraytargets as, where the insecticide breaksdown in an area where eggs aredeveloping, it may encourage increasedresistance in the house fly population.

• Outdoors, house fly control can include the use of chemical treatmentsin the bottom of skips, and treatmentof vertical walls adjacent to skips and other breeding sites, withmicroencapsulated or wettable powderformulation, and the use of fly baitsnear adult feeding sources. In areas likerubbish tips treatment should always becarried out by a pest control specialist.

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• Indoors, house fly control can includeautomatic misters, fly paper, electrocutingand baited traps that can be used inmilking parlours and other areas of low fly numbers.

Example of insect nuisance – fruit flies (Drosophila spp)55 Fruit flies compromise several speciesof the genus Drosophila (familyDrosophilidae). They are increasinglyassociated with commercial compostingactivities and vegetable producers,wholesalers, and packers who storewaste and / or reject produce in the open,as they are attracted to ripened orfermenting fruit and vegetables.Dwellings that report high infestationsare increasingly found near thesecommercial undertakings. Fruit flies canbe a problem year-round in domestickitchens. They can contaminate foodstuffs,but usually only where there are poorhygiene standards or exposed, ripe fruit.They do not carry disease or causestructural damage to buildings. The sheernumbers that congregate can create anuisance. As a guideline, an occupier willnormally experience some distress if there

are 50 or more ‘flying’ fruit flies presentin any one room at any one time onthree successive days.

56 Detecting domestic breeding areasfor fruit flies involves finding the source(s)of attraction and breeding, which canrequire much thought and persistence.Potential breeding sites which areinaccessible (e.g., waste-disposals anddrains) can be inspected by taping a clearplastic food storage bag over the openingovernight. If flies are breeding in theseareas, the adults will emerge and becaught in the bag.

57 Prevention: The best way to preventproblems with fruit flies is to eliminatesources of attraction. Produce which hasripened should be covered rather thandiscarded in the open. A single rottingpotato or onion can breed thousands offruit flies, as can a waste or recycling binwhich is not emptied or cleaned.

58 Where regular spillages of fruit juiceor pulp inside buildings attract fruit flies,windows and doors should be equippedwith tight-fitting (16 mesh) screens tohelp prevent adult fruit flies fromentering from outdoors.

Statutory Nuisance from Insects and Artificial Light

All spillages and accumulations of fruitand vegetable juice and pulp should stillbe cleaned up regularly and thoroughly.

59 Eradication: Once a structure isinfested with fruit flies, all potentialbreeding areas must be located andeliminated. Unless the breeding sites areremoved or cleaned, the problem willcontinue no matter how often insecticidesare applied to control the adults. Oncethe source is eliminated the flies will tryto find new potential breeding substrates,usually out of doors. Only if the sourcehas been eliminated and flies given timeto disperse should an aerosol insecticidebe used to kill remaining flies.

Example of insect nuisance –cockroaches (Periplaneta Americana (Linnaeus), Blattellagermanica (Linnaeus), Blatta orientalis (Linnaeus))

60 Cockroaches pose a public healthrisk. Cockroaches can also cause allergicreactions in susceptible individuals, e.g.,asthmatics, house dust mite allergensufferers, and individuals exposed toinfestations for long periods of time.

Perhaps the most important effect thatcockroaches have on humans is allergies.Their presence may cause an occupierdistress. They can contaminate a range of stored food products.

61 There are three main pest species:the American (Periplaneta americana),German (Blattella germanica) andOriental (Blatta orientalis) Cockroaches.The German and Oriental species arecommon in the UK. Cockroaches arehighly adaptable and extremely mobile,moving into new buildings via sewerpipes, ducts etc. The Oriental cockroachis the most common and largest of thetwo. It can climb rough surfaces such asbrickwork and will congregate aroundwater sources. The German cockroach is smaller, but is able to climb verticalsmooth surfaces. They do not causestructural damage.

62 One way to confirm an infestation is by using a stick trap. These can bepurchased from a pest control contractor.

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63 Prevention: Good standards ofhygiene alone cannot prevent a cockroachinvasion or combat an existing infestation,but are a necessary component of anycontrol strategy. Since most buildingscannot be instantly cooled or heated to the temperatures required to killcockroaches (7

oC or 46

oC), and vacuuming

them up may not appeal, the use ofinsecticidal bait gels, fumigants andsprays are at present the most commonmethod employed to control cockroaches.

64 Prevention involves proofing.Cockroaches are nocturnal and theyprefer warm dark spaces. Any cracks inwalls, floors and ceilings or inaccessiblevoid between and behind equipmentshould be eliminated.

65 Eradication: It is a legal requirementthat any signs of cockroaches in a foodbusiness are controlled. Various insecticidescan be used to control cockroaches.These are dangerous chemicals and must be applied only by a competentprofessional pest control operator.

66 The use of insecticidal bait gels andfumigating sprays is the most commonmethod employed to control cockroaches.Increased public concerns regarding thesafety of synthetic pesticides and theireffect upon human health and theenvironment, together with the increasingproblem of cockroach resistance toinsecticides, have resulted in a demandfor effective, environmentally positivemethods of control.

Example of insect nuisance – mothflies or sewage filter flies (Psychodaspp and Tinearia alternata (Say)

67 Sewage filter flies (principallyPsychoda albipennis Zetterstedt, but alsosome other species of Psychoda andTinearia alternata (Say)) belong to thefamily Psychodidae, commonly known as moth flies. They like moist, organic orseptic systems for egg laying, and arecommon in the vicinity of sewage works.The larvae are often considered beneficialas an essential part of the cycle thatbreaks down waste into water-solublecompounds. Because they tend to live in protected places, clouds of flies mightbe the first sign of infestation.

Statutory Nuisance from Insects and Artificial Light

They do not bite or sting, but can be anuisance, flying in the eyes, mouth andnostrils of people. Because of their pointsof origin, they can carry disease,althoughactual transmission is extremely unlikely.They do not pose a contamination risk to food. There are no objective levels at which sewage filter flies do or maycause a statutory nuisance. As a generalguideline, they might cause an occupierdistress if 50 or more ‘flying’ sewagefilter flies are present in a room on threesuccessive days, though obviously thisindication will vary and depend on suchfactors as room size etc. Sewage filter flieshave a relatively slow breeding cycle withabout eight generations a-year. Mostinfestations take place during thesummer months as the adults emerge.

68 Control of sewage filter flies requireslocating and eliminating larval breedingsites, which may be difficult and requireperseverance. One way to check potentialindividual breeding sites is to cover theentrance with plastic film taped to thefloor or fixture. If sewage filter flies arebreeding there, they will accumulatebeneath the film within a day or two.

69 One way of eliminating sewage filterflies is to clean the breeding place toremove organic matter. For example, aslow-moving drain can be cleaned with a stiff brush or other tool. Drains thatcannot be scrubbed can be rinsed withwater under high pressure, sterilised withboiling water, or treated with a bacterialagent to biodegrade the organic matter.

70 Household insecticides can be usedto control adult sewage filter flies, butthe effects will be very temporary unlessthe source of the larvae is also removed.

71 It is recommended that operators ofsewage treatment works should havesystems in place for treating beds with a larvicide where there is a risk of, or ameasurable, nuisance, and checking forhigh concentrations of sewage filter flies.The timing and dosing of the filter bedsis critical to effectiveness, and must becarefully managed to prevent the releaseof chemicals into waterways or an effecton the balance of organisms in the eco-system. In some cases it may be best tolimit treatment to knock down or surface treatments.

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Insects emanating from filter beds are asource of food for various wild bird andbat species, which in turn as act as anatural means of pest control. Treatmentat filter beds could be so effective thatthese species lose a useful source offood supply.

Example of insect nuisance –mosquitoes (Culicidae)72 There are about 30 species ofmosquito (family Culicidae) in the UK,occupying aquatic habits such as coastalsalt waters, brackish inland waters,stagnant pools and water-filled hollows(including in trees and logs). There arefour stages of life, eggs laid on waterwhich hatch within a few hours; larvaand pupa that are free swimming inwater and must come to the surface to breath; and the winged adult.

73 The British climate is not currentlysuited to the transmission of tropicaldiseases, and low fevers which can becaused by mosquitoes in Southern andCentral Europe have not been detectedhere. Malaria is the only human infectionknown to have been transmitted in this

country by two species of mosquitoes of the genus Anopheles but it isextremely unlikely.

74 British mosquitoes can have anuisance value. Their bites can causesevere skin eruption and localised pain,and severe infestations can cause muchdistress which is a valid reason formosquito control. There are no objectivelevels at which a statutory nuisance may or does exist. As a general guideline,an occupier might feel irritation if five or more ‘flying’ mosquitoes are present in a room for three successive days. They do not damage property or pose a contamination risk to foodstuffs.

75 Prevention: Mosquito control shouldbe aimed at both the larval and adultstages of life cycle, although as mosquitoesdo not normally rest in buildings, controlof adults can be impractical.

76 Larval control can be achieved througheliminating or changing the characteristicsof larval sites, which might need to beachieved piecemeal and over a period of years.

Statutory Nuisance from Insects and Artificial Light

77 Man-made containers of water suchas old car tyres, empty pots, open sewersand drains containing putrid and anoxicwater should, as far as is practicable, bedrained and kept empty. Water can bechannelled to increase flow. Cesspools,septic tanks and drains should be sealed.Rainwater butts and tanks should haveclose-fitting lids. Rivers, watercourses(other than those mentioned above),lakes and ponds are excluded from the nuisance definition and should not be drained.

78 Insecticides, repellents, vapourisingmats, mosquito coils and fly screens mayoffer some personal protection fromadult mosquitoes.

79 Eradication: Light oil or lecithin canbe applied to water to reduce the surfacetension and prevent larvae fromobtaining oxygen. Such agents spreadreadily over large areas.

The technique should not be used whererivers, watercourses (other than opensewers and drains containing putrid andanoxic water), lakes or ponds may beaffected. The Environment Agency shouldbe consulted before use, as should therelevant Statutory Nature ConservationAgency if there is a Special Site ofScientific Interest in the local vicinity. The technique will also affect non-targetspecies of insect living in the waterbody,many of which are the natural predatorsof the mosquito larvae. The removal ofthe more long-lived predators of themosquitoes may result in an increasedproblem as the mosquitoes would be ableto respond quickly to take advantage of thepredator-free environment. Agents needto be appropriately approved as biocides.

80 Larvae can be attacked by applyingformulations to larval sites which producea crystal which breaks down intostomach poison.

81 Adult mosquitoes can be eliminatedusing ‘knock-down’ agents or residualinsecticides.

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Environmental impact82 Insects rarely cause a significanthealth risk, and health risks where theydo or may exist, are often associated with human habitation and waste, sosignificant damage to the environmentshould not be necessary. Environmentalmanagement should be the first option.

83 Any mitigating treatment should takeaccount of factors including impact onhealth and well being; impact on thetarget and non-target species; impact onthe environment including ground andwater source contamination; cost; and efficacy.

Statutory Nuisance from Insects and Artificial Light

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Likely sources of artificial light statutory nuisance.

84 In order to understand what may be termed a statutory nuisance inlighting, an understanding of somelighting terminology is required:

Light (or luminous flux) is a type of radiation and forms part of theelectromagnetic spectrum visible to the eye. It is measured in lumens (lm)(N.B. not ‘watts’, which is only a measureof electrical consumption).

The amount of light falling on a surface is known as illuminance and is measuredin lumens per square metre or lux.

While ‘illuminance’ is easy to calculateand measure and is therefore widelyused, the eye does not see illuminance,but rather the light radiated or reflectedoff a surface which is known asluminance, or brightness. It is measuredin candelas per square metre (cd/m

2) and

if the surface is glossy, can differ with the angle of view.

The term candela (cd) or (Kcd = 1000 cd)is by itself a measure of light intensity.Whether this light ‘intensity’ is seen asglare or not depends on the surrounding‘luminance’, as can be noted whencomparing a road lighting luminaire orfloodlight lit during the day and again at night.

85 Local authorities have a duty to take reasonable steps, where practicable,to investigate any complaints of artificiallight nuisance; it is expected that thefollowing sources will generate mostcomplaints:

• Domestic security lights

• Commercial security lights

• Healthy living and sports facilities (see below)

• Domestic decorative lighting

• Exterior lighting of buildings anddecorative lighting of landscapes

• Laser shows / sky beams / light art

86 Christmas lights may also be thesubject of complaint, and could becovered by statutory light nuisance,although this seems unlikely given their duration.

Statutory Nuisance from Insects & Statutory Nuisance from Artificial Light

Artificial Lighting

87 We anticipate that much artificiallight nuisance will be caused by excessivelevels of illuminance and glare, which isinappropriate to its need and which hasbeen poorly designed, directed, operatedand maintained. Simple remedies, such as re-aiming or screening, should besufficient in many cases and, althoughlight nuisance is not a matter of lightlevels per se, light meters are availableand affordable for taking measurementsin order to quantify the scale of thepossible nuisance.

88 Efficient and high-quality lightinginstallations that help people to seewhere they are going and bring securityto both themselves and their propertycan be designed so as to produce minimal impact on the environment. The management and maintenance ofsuch lighting that limits both glare anddark shadows is also essential for people with a visual impairment.

89 We also anticipate a number ofcomplaints on streetlights. However,these are not likely to qualify as artificiallight statutory nuisance as they areunlikely to be located on ‘premises’.

They can, nevertheless, cause adverseaffects and are discussed in more detailunder ‘Streetlights’ below.

Statutory nuisance from artificiallight and light pollution90 Artificial light nuisance may be, but is not necessarily, the same as lightpollution. Artificial light nuisance is asource of light that in the opinion of atrained public health professional, whomakes an assessment on a case by casebasis, interferes with someone’s use oftheir property, and / or is or might beprejudicial to someone’s health. Lightpollution could be defined as any form of artificial light which shines outside thearea it needs to illuminate, including lightthat is directed above the horizontal intothe night sky creating sky glow (whichimpedes our views of the stars), or whichcreates a danger by glare. Although lightpollution might affect the aestheticbeauty of the night sky and interfere withastronomy, it is not necessarily also astatutory nuisance. The statutory nuisanceregime is not an appropriate tool withwhich to address light pollution per se.

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Domestic security lights91 Those aggrieved by a neighbour’slighting should be encouraged to speakto their neighbour first where possible,perhaps with the aid of a mediation service.Mediation UK (www.mediationuk.org.uk)may be able to advise.

92 Inappropriate lighting can cause glareand dark shadows which may adverselyaffect drivers, cyclists and other roadusers, including pedestrians, and peoplewith a visual impairment. Bad lightingcan also produce shadows for those withcriminal intent to hide in or behind. Many cases of artificial light nuisance canbe solved through simple engineeringtechniques and consideration of functionand effect. For example:

• The minimum level of illuminationnecessary to light a property should beused. Relatively high-powered lights arerarely necessary in domestic situationsand, besides wasting energy andmoney, can cause glare, which canadversely affect road users or otherpassers-by. Excessive levels ofillumination provide dark shadows forpeople, including those with criminal

intent, to hide in or behind. Lightingthat is shielded or angled down canactually improve rather than compromisesecurity. There are agreed Standards for lighting levels, some of which arelisted at the end of this document.

• Special optics or ‘double asymmetric’luminaires – which are designed toensure full flow of light over the lit areafrom each floodlight – can be aimedfacing downwards while still spreadinglight over a wide distance (the lamp isusually fitted close to the back edge ofthe unit, not in the middle). The reflectorbecomes less visible to onlookers resultingin low glare to the surrounding locality.

• A separate switching detector can beused on some models to sense themovement of intruders on the property.Luminaires and detectors should beaimed to detect and light people onthe property, not people or animalswalking down the street. If lights detecteverything that moves, they will switchon and off repeatedly and could be a source of statutory nuisance.

Statutory Nuisance from Insects and Artificial Light

• Timers adjusted to the minimum canreduce the operation of the light.

• Bulkhead or porch lights are cheaperthan security lights, use less energy, andhave reduced glare so there are fewershadows for those with criminal intentto hide in. Movement detectors onthese lights are generally mountedlower and so are less susceptible tonuisance switching on and off. However,they tend, because they are lower, tobe aimed more horizontally, capturemovement over a wider range, and if not located with care can beinterfered with.

• Vegetation may help screen the light at certain times of year provided themovement of vegetation itself does nottrigger light, and it does not cause a ‘high hedges’ problem.

93 It is sometimes suggested that acomplaint of artificial light nuisance couldeasily be mitigated by the use of curtainsor blinds, even blackout curtains orblinds, by the complainant. It is for theEnvironmental Health Practitioner toexercise discretion over what is reasonable

and what is not. It might be reasonableto expect a complainant to use curtainsor blinds of everyday standard if they are bothered by unwanted light in theirhome. It might not be reasonable torequire a complainant to purchase andinstall blackout hangings which might beexpensive, and/or impair that person’senjoyment of his property. Few wouldwish to have their curtains drawn on ahot summers night. It is not reasonableto leave the solution and cost ofabatement to the complainant ratherthan the perpetrator.

94 Technical parameters on obtrusivelighting, formulated by the InternationalCommission on Illumination (CIE) andInstitution of Lighting Engineers (ILE)from research into individual sensitivity tolight, may be helpful in considering thelevel of sensitivity that might be consideredthat of the ‘average person’ withoutunusual sensitivities. These parametersvary depending on whether the installationis in town or country (there are foursuggested environmental zones), andthere is a suggested curfew time of23.00 after which lighting levels should

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be further restricted. However, there are no objective levels at which artificial light does or does not constitute astatutory nuisance.

95 It is sensible for abatement notices tobe ‘simple’, requiring abatement andnon-recurrence within a specified timescale.If the abatement notice is too detailed, itcould be that the terms of the abatementnotice may be fulfilled whilst the nuisanceremains unabated.

96 A list of useful sources of furtherinformation and useful practical adviceon the positioning of external lighting islisted at the end of this guidance.

Commercial security lights97 Lighting used on commercialpremises will be subject to the samecontrols as apply to domestic premises,i.e. it will be for the local authority todecide whether the lighting amounts to a statutory nuisance.

98 Commercial premises are more likelythan domestic premises to use lightingwhich makes a material change to theexternal façade of the building. It maytherefore be subject to planning

permission. Planning Policy Statement 23provides guidance for such applications,and can also be used when consideringlighting schemes for new buildings.Planning policy falls within the remit ofthe Office of the Deputy Prime Minister.

100 Premises or apparatus used for theprovision of electronic communicationservices need adequate lighting foroperation and security purposes, toensure the safety of their staff, and to protect the integrity of thetelecommunications network. Statutorynuisance law recognises the need forindustry to be able to carry out its usualfunctions without being compromised by inadequate security lighting. Thatneed is protected by the defence of ‘best practicable means’.

Exterior lighting of buildings and landscapes101 Exterior lighting to enhance theappearance of buildings, monuments,trees and other civic features increasinglyimpacts on the street scene. Suchinstallations can enhance and addinterest to the surrounding environment

Statutory Nuisance from Insects and Artificial Light

provided they are properly designed. Suchlighting systems should not be used also to provide e.g. street lighting and shouldgenerally be switched off overnight,following an agreed curfew time.

Laser shows, sky beams, light art102 In order to constitute an existing orpotential statutory nuisance, laser shows,sky beams and light art would havematerially to affect someone’s use of hishome and / or actually or potentially hishealth, assuming normal sensibilities.Local authorities already have the meansto deal with nuisance lighting and areaccountable to those within their areas.Local authorities should do their best toensure that lighting under their controldoes not cause problems to the localcommunity. Local authorities should alsotake into account whether laser shows /beams etc are a sustainable or wastefuluse of energy. The Government expectslocal authorities to take reasonable stepsto investigate and, where appropriate,resolve problems as a matter of goodpractice and consideration for the localenvironment and the community towhich they are accountable.

Streetlights103 Streetlights are not specificallyexempt, but because of their location areunlikely to qualify, as generally speakingthey are not found on ‘premises’. It is,however, acknowledged that streetlightscan have adverse affects on the local community.

104 Local authorities have a duty undersection 17 of the Crime and Disorder Act1998 to exercise their functions with dueregard to the likely effect on crime anddisorder in their areas, and to do whatthey reasonably can to prevent crime anddisorder. Local authorities already havethe means to deal with nuisance streetlighting and are accountable to thosewithin their areas. Local authoritiesshould do their best to ensure thatstreetlights under their control do notcause problems to the local community.The Government expects local authoritiesto take reasonable steps to investigateand, where appropriate, resolve problemsfrom streetlights as a matter of goodpractice and consideration for the localenvironment and the community towhich they are accountable.

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105 The Government supports gooddesign, installation and maintenancepractice to minimise problems where possible.

106 New technologies now allow muchfiner control of light distribution andreduced light directed towards the sky.Beneficial lighting can be achieved that is fit for purpose, provided roads areappropriately rather than over classified,and which minimises the impact on theenvironment through using modern lightsources in combination with luminairesdesigned to appropriate, not unnecessarilyhigh, lighting levels. The simply use of front and / or back shields can improveillumination on the road whilst reducingintrusion elsewhere. £300 million in Private Finance Initiative credits were made available to local authoritiesoutside London in 2003/04 to helpmodernise street lighting. A further £85 million in Private Finance Initiativecredits is being made available for localauthorities in London for this purpose inaddition to the support available throughthe Revenue Support Grant.

107 Guidance has been published by theDepartment for Transport and also theInstitution of Lighting Engineers to helpreduce light pollution and sky glowgenerally, and to promote good practice for street lighting maintenance. As moststreet lighting is alight throughout thenight, the obtrusive light levels to beadhered to should be those given for allnight, i.e. after curfew. In addition, theGovernment’s ‘Lighting in the Countryside:Towards good practice’ includes streetlighting, and is applicable to towns aswell as country. The Government willcontinue to work with the appropriateorganisations to promote good practicein design, installation and maintenance to minimise problems where possible.

Statutory Nuisance from Insects and Artificial Light

Licensed premises108 Guidance issued by the Departmentfor Culture, Media and Sport undersection 182 of the Licensing Act 2003advises that licensing authorities andresponsible authorities should considerthe impacts of licensed premises on thoseliving in the vicinity, mainly concerningnoise nuisance, light pollution, noxioussmells and litter. The Guidance advisesthat lighting outside premises should beinstalled in a way that balances the needto prevent crime and disorder whilehaving consideration for those living in the vicinity. Many licensed premisesuse decorative floodlighting to drawattention to their premises. Wherepossible premises should use carefullyinstalled downlighting rather thatuplighting, which can be both glaringand wasteful of light into the sky.

109 Licensed premises and licensingauthorities will also want to consider any lighting schemes with regard topotential action under the statutorynuisance regime. As business premises,licensed premises will have the defence of best practicable means.

Lighting in the Countryside110 The 1998 Transport White Paper A New Deal for Transport – Better forEveryone stated that ‘where lighting is essential, it should be designed in such a way that nuisance is reduced and the effect on the night sky in thecountryside minimised’. Exterior lighting in rural areas can have a particular impact.

111 Lighting in the Countryside:Towards Good Practice is accessible free of charge at www.odpm.gov.uk/planning// litc/index.htm (under PlanningAdvice and Guidance). This documentcontinues to be a valuable guide for local authorities, highways planners andengineers, and members of the public. It demonstrates what can be done tolessen the adverse effects of externallighting, including street lighting. The advice is applicable in towns as well as the countryside.

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The relationship betweenplanning and statutory nuisance112 It is clearly preferable, and ademonstration of good practice, to preventa statutory nuisance from occurring in thefirst place. One approach is to identify it at the planning stage.

113 Well-designed public lightingincreases the opportunity for surveillanceat night and sends out positive messagesabout the management of an area, andcan help to reduce crime and disorder.Detailed guidance on types of lighting isavailable at www.securedbydesign.com.Further advice on the planning systemand crime prevention can be obtainedfrom the publication ‘Safer Places: Theplanning system and crime prevention’,by the Office of the Deputy PrimeMinister (responsible for planning) andthe Home Office (crime and disorder).

114 Lighting installation proposalsshould be submitted to local authoritiesto assist them in determining planningpermissions. Local authorities shouldcarry out professional reviews ofdevelopments involving exterior lightingto minimise their impact by day and

night. Planning permission for suchdevelopments should include requirementsto ensure that the installation is maintainedin a satisfactory manner; and that allscreens, shields, baffles and aimingrequirements etc imposed are maintainedthroughout the life of the installation.

115 The existence of a planning permissiondoes not, however, mean that a statutorynuisance cannot exist. Statutory nuisancecan exist whether a particular site hasplanning permission for the artificial light or not. Circumstances and localenvironments change, so, for example,artificial light that was not a nuisancebefore may become one.

Exemptions 116 Whilst the Government recognisesthat some premises are of strategicimportance owing to their nature andimportance to the community, andexterior lighting may be necessary toprevent crime, disorder and safetyhazard, it is expected that exemptedpremises will take seriously their socialresponsibility to use artificial lightresponsibly and with consideration to

Statutory Nuisance from Insects and Artificial Light

local circumstances. Exempted premisesare expected to maintain lighting systemsthat do not unduly affect the environmentand neighbourhood. Lighting systemsshould be adequate for purpose, and not in excess of that requirement, so that impact is minimal whilst remainingcompatible with the use and function ofthe facilities. Inappropriately designedinstallations may cause unnecessarydistraction for drivers on adjacenthighways and compromise safety forroad users, pedestrians, and people witha visual impairment. The Government willconsider further guidance on goodpractice use of artificial light if necessary.

117 Local authorities may still need toundertake an initial investigation ofcomplaints made about artificial lightfrom exempted premises in order toestablish first whether or not thatpremises really is the source. Even thoughenforcement action for artificial lightstatutory nuisance from exemptedpremises cannot be taken under section102, efforts should still be made tonegotiate an acceptable solution on

an informal basis. The exemptions are to protect the public interest andhealth and safety, not to condone the irresponsible, inconsiderate orunnecessary use of artificial light.

Best Practicable Means118 The defence of having used ‘bestpracticable means’ to abate a nuisance is available as a ground of appeal againstan abatement notice, and as a defenceagainst prosecution for breaching orfailing to comply with an abatementnotice, for both these new statutorynuisances where they emanate fromindustrial, trade or business premises, and also, in the case of artificial lighting,from outdoor illuminated sports facilities(see below). It is for the courts to decidewhether best practicable means are beingused by the premises in question. Section79(9) of the Environmental Protection Act 1990 requires that best practicablemeans is interpreted with reference tothe following provisions:

(a) ‘practicable’ means reasonablypracticable having regard amongother things to local conditions and

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circumstances, to the current state of technical knowledge and to thefinancial implications;

(b) the means to be employed include thedesign, installation, maintenance andmanner and periods of operation ofplant and machinery, and the design,construction and maintenance ofbuildings and structures;

(c) the test is to apply only so far ascompatible with any duty imposed by law;

(d) the test is to apply only so far ascompatible with safety and safeworking conditions, and with theexigencies of any emergency orunforeseeable circumstances’.

Healthy living and sports facilities119 It is Government policy to increaseparticipation in sport and provide betterhealthy living and sporting opportunities at every level. In order to help achievethis aim the Government has investedheavily in new and improved sportsfacilities, including the floodlighting ofplaying fields and other facilities.

120 Given the limited hours of daylight in Britain in the winter, floodlighting isessential if communities are to makemaximum use of many sports grounds,and the Government will continue topromote their use. All new floodlightingschemes are subject to appraisal underthe planning system, which aims tobalance the interests of those who mayobject to new sources of bright lightagainst the interest of those who willbenefit from the lighting in terms ofgreater opportunity to participate insport. Full details of the equipment to beused and estimated lighting levels, notonly on the field of play, but also thattrespassing onto surrounding properties,should all be submitted to the localauthority to assist with planningpermissions. Where planning permissionis granted, it is usually accompanied bystrict technical specifications designed to ensure that nuisance from the lightingis minimised.

Statutory Nuisance from Insects and Artificial Light

121 Against this background, Defrawould not normally expect localauthorities to have to resort to astatutory nuisance abatement order toaddress complaints about light fromilluminated outdoor sports facilities.

122 Any modern facility which isoperating in accordance with approvedstandards will be able to rely on thestatutory defence of ‘best practicablemeans’ (BPM). Most such facilities arelikely to be regarded as businesses, andso benefit from this defence in any eventunder sections 80(8) and 82(10) of theEnvironmental Protection Act 1990, butto ensure that all are covered by thisdefence, section 80(8)(aza)(ii), (8A), (8B)and (8C) of the Environmental ProtectionAct 1990 (inserted by section 103(2)(b)and (3) of the Clean Neighbourhoodsand Environment Act 2005) specificallyextends the BPM defence to all outdoorrelevant sports facilities.

123 There may be occasions when badlysited or defective floodlighting causesunnecessary hardship to individuals. In such cases a local authority mayconsider making use of statutorynuisance legislation. However, beforeconcluding that it is satisfied that astatutory nuisance exists a local authorityshould make every effort to resolve theproblem through discussion with thoseresponsible for the lighting. For example,older floodlighting towers can beaffected by wind which can changeslightly the direction of the floodlights;such situations can be resolved byaltering the fixings and repositioning thelights in their original position. Zeroupward light can be achieved by usingdouble asymmetric full horizontal cut-offluminaires. Additional shielding, suitablypainted black, can provide furthermitigation if required. An abatementnotice should only be issued as ameasure of last resort.

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124 ‘Relevant sports facility’ is defined inthe new subsections 80 (8A), (8B) and(8C) of the Environmental Protection Act 1990. It is a facility used whenparticipating in a relevant sport, andincludes the playing area and relatedstructures. However, sports facilities that are located in domestic premises,including land attached to such premises,are excluded. ‘Relevant sports’ will belisted in an Order. The following aredesignated as relevant sports (see section16 above on the Statutory Nuisances(Artificial Lighting) (Designation ofRelevant Sports) (England) Order 2006):

American Football, Archery, AssociationFootball, Athletics, Australian RulesFootball, Badminton, Basketball, Baseball,Biathlon, Bobsleigh, Bowls, Camogie,Cricket, Croquet, Curling, Cycling,Equestrian Sports, Gaelic Football, Golf,Gymnastics, Handball, Hockey, HorseRacing, Hurling, Ice Hockey, Ice Skating,

Lacrosse, Lawn Tennis, Luge, ModernPentathlon, Motor Cycling, Motor Sports,Netball, Polo, Roller Sports, Rounders,Rowing, Rugby League, Rugby Union,Shooting, Skateboarding, Skiing, Softball,Swimming and Diving, Trialthon, Tug of War, Volleyball.

Statutory Nuisance from Insects and Artificial Light

InsectsWildlife and Countryside Act 1981

LightUseful Web Sites:

• Institution of Lighting Engineers –www.ile.org.uk

• International Commission onIllumination (CIE) – www.cie.co.at

• Lighting Industry Federation –www.lif.co.uk

• Society of Light and Lighting –www.cibse.org.

UK Guidance

• BS 5489-1: 2003 Code of Practice for the Design of Road Lighting – Part 1: Lighting of Roads and PublicAmenity Areas

• BS EN 12193:1999 Light and Lighting – Sports Lighting

• International Commission onIllumination – CIE – Standard S015/E:2005 – Lighting of OutdoorWork Places (will be the first standardto give the CIE 150 and ILE obtrusivelight values in a special section onlimiting obtrusive light and will becomea British / European Standard in thenear future)

• Domestic Security Lighting, Friend or Foe – Institution of LightingEngineers (2001)

• Environmental Considerations forExterior Lighting – Chartered Institutionof Building Services Engineers (2003)

• Guidance Notes for the Reduction of Obtrusive Light – Institution ofLighting Engineers (2005)

• Light Pollution – SupplementaryPlanning Guidance – SouthNorthamptonshire Council (1998)

• Lighting in the Countryside – Towards Good Practice – Department of Environment, Food and Rural Affairs, and Country Commission (1997)

Other relevant legislation/documents

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Statutory Nuisance from Insects and Artificial Light

• Lighten our Darkness – Royal Fine Arts Commission (1994)

• Lighting the Environment – A Guide to Good Urban Lighting – CharteredInstitution of Building Services Engineers and Institution of LightingEngineers (1995)

• Low Energy Domestic Lighting – Energy Saving Trust (2002)

• Night Blight! – Campaign to Protect Rural England (2003)

• Road Lighting and the Environment –Department of Transport (1993)

• Starry, Starry Night – British AstronomicalAssociation, and Campaign for theProtection of Rural England (2000)

EU Guidance / Standards

• BS EN 13201: 2003, Road Lighting, Part 2: Performance Standards(EU document with a range of classifiedlighting levels for different roadway,pathway and conflict areas linked to traffic volumes)

• PrEN 12464-2, Lighting of Work Places – Part 2: Outdoor Work Places(EU document (out for voting January2006) which will lay down lightingrequirements – levels and uniformities – for various outdoor workplaces)

International Guidance

• CIE Standard S 015/E:2005 – Lighting of Outdoor Work Places – see above

• Pub. No. 126: 1997 Guidelines forMinimising Sky Glow – InternationalCommission on Illumination

• Pub. No. 150: 2003 Guide on theLimitation of the Effects of ObtrusiveLight from Outdoor Lighting Installations – International Commission on Illumination

SchemesScheme Legislation

Environmental Stewardship Scheme The Environmental Stewardship (England)Regulations 2005 (S.I. 2005/621)

Entry Level Pilot Scheme The Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003 (S.I. 2003/838)

Countryside Stewardship Scheme The Countryside Stewardship Regulations 2000 (S.I. 2000/3048)

The Environmentally Sensitive The Environmentally Sensitive Areas Areas Scheme (Stage I) Designation Order 2000 (S.I.2000/3049)

The Environmentally Sensitive Areas (Stage II) Designation Order 2000 (S.I.2000/3050)

The Environmentally Sensitive Areas (Stage III) Designation Order 2000 (S.I.2000/3051)

The Environmentally Sensitive Areas (Stage IV) Designation Order 2000 (S.I. 2000/3052)

Farm Woodland Premium Scheme Farm Woodland Scheme 1988 (S.I. 1988/1291)

Farm Woodland Premium Scheme 1992 (S.I. 1992/905)

Farm Woodland Premium Scheme 1997 (S.I. 1997/829)

Annex 1

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Organic Farming Scheme Organic Farming (Aid) Scheme 1994 (S.I. 1994/1721)

Organic Farming Regulations 1999 (S.I.1999/590)

Organic Farming (ERDP) Regulations 2001 (S.I. 2001/432)

Organic Farming (ERDP) Regulations 2003 (S.I. 2003/1235)

Nitrate Sensitive Areas Scheme The Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 1996 (S.I. 1996/908)

The Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 2000 (S.I. 2000/2890)

The Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 2000 (S.I. 2000/2911)

The Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 2003 (S.I. 2003/562)

Habitat Scheme Conservation (Natural Habitats, & c) Regulations 1994 (S.I. 1994/2716)

Habitat (Water Fringe) Regulations 1994 (S.I. 1994/1291)

Habitat (Salt-Marsh) Regulations 1994 (S.I. 1994/1293

Department for Environment, Food and Rural Affairs

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