Incorporating Lighting Clauses in your Local Plan

In recent decades there has seen a proliferation in the use of outdoor lighting. We all need good quality lights for convenience, safety, and peace of mind. Sadly along with greater use of external lighting, there has been an explosion in the number of complaints about the worst excesses of poorly designed and installed lights. In many instances this has brought about a reduction in people's amenity and security.

Currently, there is little remedy in law once poor or overly bright lighting schemes have been installed. During the 1990s, Environmental Health Officers reported a dramatic increase in the number of complaints about external lighting. Environmental groups are also concerned about the effects of outdoor lighting on flora and fauna, and the adverse visual impact on the night-time environment.

Astronomers have also noted the inexorable erosion of the night sky due to light pollution from poorly designed or installed light fittings as well as from increased urbanisation of the UK's rural areas.

Now that the 21st Century is upon us there is an increased awareness of the need to preserve the natural environment and conserve resources while still ensuring safety and amenity. Now that local authorities are obliged by international 'Agenda 21' to include matters relating to energy conservation in regional plans, lighting-related issues can be addressed as part of a local planning and environmental strategy.

Local Plans

Many Districts and Boroughs have adopted 'Light Pollution' or 'Light Trespass' clauses into their local plan. This helps the planning departments of local authorities to ensure that good quality external lighting schemes are incorporated into plans at approval stage. Poorly designed, or over-bright schemes can be referred back to the applicant for modification. In this way, communities may forestall poor lighting schemes before they become a problem.

You can make sure that your local authority has the relevant lighting clauses written into its local plan, and that these are continuously enforced by the relevant planning department. Ensure that your council has copies of all the relevant documents listed at the end of this leaflet.

If you discover that your local plan does not include lighting related clauses, or that they are ineffective, here are a number of extracts from adopted local plans which you could present to your local council as examples of good practice.

Extracts from Local Plans: Examples of Good Practice

Policy E6 Swale Borough Local Plan 1994

"The Borough Council will seek to minimise light pollution. Details of any lighting scheme required as part of any new development should be submitted as part of the planning application. Applicants will be expected to demonstrate to the local planning authority that the scheme proposed is the minimum needed for security and working purposes and that it minimises potential pollution from glare and spillage, particularly to:

1. residential and commercial areas;
2. areas of nature conservation interest; and
3. areas whose open and remote landscape qualities would be affected."
   East Hampshire District Council Local Plan

   "Details of any external lighting scheme required as part of any new development should be submitted as part of the planning application. In order to minimise light pollution and increase energy efficiency, the District Council will need to be satisfied that the lighting scheme proposed is the minimum required for security and working purposes and that it minimises potential pollution from glow and spillage. On the edge of settlements and in rural locations, landscaping measures should be provided to screen the lighting installation from view. Conditions will be attached to any floodlighting approvals given for evening usage of sport facilities such as pitches, tennis courts and golf driving ranges to control light intensity, light spillage and hours of use."

   Environmental Policy 6, Malvern Hills Local Plan

   "Applications for development requiring or likely to require external lighting shall normally include details of lighting schemes which will be expected to demonstrate that: -

   • the lighting scheme proposed is the minimum required to undertake the task
   • light spillage is minimised
   • >in the edge of town or village locations, or in rural areas, landscaping measures will be provided to screen the lighting installation from view from the neighbouring countryside areas
   • there will be no dazzling or distraction of drivers using nearby highways."
   Hinckley and Bosworth Borough Council

   "Light pollution is caused by excessive artificial light being directed into the night sky. Outdoor lighting can cause intrusive and unnecessary pollution in both urban and rural areas, although it is in the countryside that light pollution is most noticeable. Excessive light in the night sky is visually intrusive and is also a significant waste of energy. The visibility of the stars is much reduced by light pollution.

   It is therefore important in the interests of visual amenity and energy conservation that light pollution is prevented and where possible reduced. Through good design of lighting, the reduction of light pollution should not conflict with the principles of crime prevention and safety."

   Epsom and Ewell Local Plan

   "Artificial light is increasingly being perceived as a form of pollution. Illuminated advertisements, floodlit sports facilities, security lights and street lights can all contribute to pollution such as sky glow and glare. They can damage visual amenity, disturb people's sleep, and effect local ecology.

   Planning control over artificial light other than advertisements is generally limited to new structures or works which are integral to other development. However, where planning permission for artificial light sources is required the Council will seek to prevent detrimental impact on surrounding areas. Impact will be minimised by ensuring that artificial light is carefully sited, appropriately shielded, directed only onto the specific area where it is needed, and designed at the minimum height and brightness to serve its purpose. Where appropriate, the Council will use conditions to limit the hours of illumination. Developers attention is drawn to the Institute of Lighting Engineers' publication 'Guidance notes for the reduction of light pollution' "

   References:

   Institution of Lighting Engineers: Guidance Notes for the Reduction of Light Pollution. 1994

   British Standards Institute: B.S. 5489

   Countryside Commission: Lighting in the Countryside, Towards Good Practice.

   Campaign for the Protection of Rural England:
   Starry Starry Night (joint publication with the British Astronomical Association). 1993

   Royal Fine Art Commission: Lighten Our Darkness. 1994

   Penny Jewkes; School of Law University of East Anglia: A Review of the Law relating to Light Pollution 1997

   Alan R. Outen Hertfordshire Environmental Records Centre: The Possible Ecological Implications of Artificial Lighting. 1997

   
   

   Many legal papers exist on the subject - please see our light pollution and the law page for more details