Article in Journal of Planning Law by Martin Morgan Taylor.
Some forms of exterior lighting have become subject to statutory nuisance control through the Clean Neighbourhoods and Environment Act 2005, and the Department for Environment, Food and Rural Affairs (‘‘DEFRA’’) has issued the guidelines for enforcement (‘‘the guidance notes’’). The new law raises a number of issues. First, the control of lighting could be seen as running contrary to the psychological feeling that light is a positive force, akin to cleanliness, safety and security; whilst regulation should be reserved for the tangible nuisances that carry infection or contagion. As a result, this paper will initially outline the background justifications behind the new law.
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